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Home My WebLink About2018-05-01 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING May 1, 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. Urban Area Plan Development 2. Update on 4th of July Celebration 3. Possible adoption Fire Relief Association resolution (available Tuesday) 4. Badge Presentation – Chris Zeuli IV. STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Development Dir. 9. Public Works Dir. 10. Finance Director 11. City Attorney 12. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 13. Possible approval of the April 17, 2018 regular and closed meeting minutes. IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 14. Proclamation: 2018 U12B Girls Hockey State Champions 15. Ms. Denise Pontrelli, Superintendent of Stillwater Area Public Schools 16. Pollinator Friendly Alliance – Laurie Schneider 17. Proclamation: Power Up 4 Kids Week 18. Service Award: Kim Swanson – Charter Commission; Jarod Prom – Traffic Safety Committee & Marce Kelton – Human Rights Commission 19. Bike to School Day – Roger Tomten 20. 2018 Lumberjack Days Update – The Locals 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. 21. Resolution 2018-090, directing payment of bills 22. Resolution 2018-091, approval of 2018 Sculpture Tour Contract with ArtFarm LLC 23. Resolution 2018-092, approval of 2018 Stillwater Criterium Event and Contract 24. Resolution 2018-093, approving new tobacco license to Fog E-Cig Stillwater, LLC, DBA: Fog E-cig 25. Resolution 2018-094, approving license agreement with ILHC of Stillwater (Lakes at Stillwater) 26. Resolution 2018-095, a resolution approving a single taxing district for a lot combination 27. Resolution 2018-096, approving cooperative agreements with Washington County for maintenance of traffic control signals on Manning Avenue 28. Possible approval of NILMDTS Event – September 8, 2018 29. Resolution 2018-097, resolution accepting cash donations 30. Resolution 2018-098, resolution authorizing the execution Tax Increment Revenue Note, Assignment of Rights under Development Contract, Amended and Restated Parking Use Agreement – Crosby Hotel Project 31. Possible approval of sanitary sewer adjustment XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 32. CPC Case No. 2018-14. This is the date and time for a public hearing to consider a request by the City of Stillwater, applicant, for the consideration of a Zoning Text Amendment (ZAT) to regulate wireless facilities in City Code Section 31-101: Definitions, 31-209: Design Permit, 31-400: Floodplain Overlay District, and Section 31-512: Regulation of Radio and Television Towers. The aforementioned Case will also affect City Code Section 22-7 Heritage Preservation Commission and Chapter 24 Streets, Alleys and Public Property. Notice was published in the Stillwater Gazette on March 30, 2018. (1st Reading of Ordinance – Roll Call) (will be tabled to 5/17/18 meeting) 33. CPC Case No. 2018-11. This is the date and time for a public hearing to consider a request by Stillwater Mills Commercial Partners, LLC, property owner and Patrick Juetten, applicant, for the consideration of a Conditional Use Permit amendment (2003-83) to remove the condition requiring public use of the commercial parking garage after business hours and on weekends for the property located at 350 Main Street North in the CBD district. PID 2803020130183. Notices were mailed to affected property owners and published in the Stillwater Gazette on March 30, 2018. (Resolution – Roll Call) XIII. UNFINISHED BUSINESS 34. Discussion on Ordinance amendment to allow outside events in PA, Public/Institutional Zoning District XIV. NEW BUSINESS 35. Possible approval of 2018 Summer Tuesdays Event and Contract (Resolution – Roll Call) 36. Possible approval of plans and specifications for 2018 Street Improvement (Resolution – Roll Call) 37. Possible ordering preparation of feasibility report for the 2018 Sidewalk Rehabilitation Project (Resolution – Roll Call) 38. Possible approval of appointments to the Commissions of Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation, Planning, and Traffic Safety Review Committee 39. Request for a Special Meeting on May 15, 2018 – 4:30 p.m. XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT TO CLOSED SESSION TO CONSIDER OFFERS FOR THE PURCHASE OF REAL ESTATE, PURSUANT TO MINN. STAT. §13D.05 (121 CHESTNUT E) (~~te\ Adn1inistration ") TO: Mayor and City Council City Department Heads FROM: Tom McCarty, City Administrato ~ /11 0 DATE: May 1, 2018 SUBJECT: 2018 Stillwater July 4th Celebration Update BACKGROUND Planning for Stillwater's 2018 July 4th Celebration is well underway. Most of the activities are envisioned to be similar to previous years, but there are a few changes to be aware of; and some requests requiring City Council action ( see updates listed below). A great deal of credit goes to Council Member Polehna for his fundraising and organizing efforts. • Fundraising-Has outpaced budgeted amount (see attached spreadsheet) $10,000 budgeted and $25,500 has been pledged from donors (CUB Foods -$15,000 pledge). • Simulcast -KLBB is off the air; working with WDGY as an alternative. • St Croix Jazz Orchestra@ Pioneer Park-the Jazz Orchestra has lost their funding and are requesting support from the City in the amount of $2600. • Working with Jim Coughlin, Battery I, 1st US Artillery for civil war cannons and Paul Barber of BAM! Productions for bands at the amphitheater prior to fireworks. • Preparing an application for a potential US military aircraft flyover. • Other partnership inquiries for the City's July 4th Celebration: Acoustic Air Pavilion (see attached pictures) and Universal Studios. ACTION If the City Council is in favor of additional activities and associated costs as noted above and on the attached spreadsheet, the Council should adopt a motion approving those activities and associated costs. 2018 City of Stillwater 4th of July Fireworks Budget REVENUE Budgeted Actual City Funds $ 47,980 $ 47,980 Contributions $ 10,000 $ 25,500 Acapulco Cover Park Manor CUB Foods $ 15,000 4/5/2018 Pledge DBD Partners, Inc. (Water St. Inn Judd Sather, Lofts at Studio J JX Events, LLC Margaret Rivers Fund $ 5,000 4/2/2018 P.O. Pappy's Pub 112, Inc. Kwik Trip St. Croix Boat & Packet $ 500 3/22/2018 Sabes Family Foundation Whitey's Xcel Energy $ 5 ,000 3/9/2018 TOTAL $ s1,9so Is 13,4ao Is 15,500 4/30/2018 EXPENSE RES Pyrotechnics -Additional Sound -North Lowell Park RES Pyrotechnics Band -BAM! Productions Cannons-s St. Croix Jazz Orchestra US Military Jet Flyover -Proposed Related Expenses Simulcast (WDGY) Gazette Ad Bouys -J. Gribs & Co. Portable Toilets Century Link Professional Services TOTAL -Related TOTAL EXPENSES Budgeted Additional $ 45,000 $ $ $ $ $ $ $ Is $ 4,000 $ 2,100 $ 2,600 4s,ooo I s a. 100 1 500 265 420 1,336 200 2,721 41,121 JI s ss,421 11 4/30/2018 1 PONY PRIDE Our schools are changing, our Tradition of Excellence is not. What We’ve Delivered On From Bridge to Excellence ●Updated curriculum, more relevant hands‐on learning opportunities ●PreK‐5 elementary schools, 6‐8 middle schools and 9‐12 high school ●Spanish immersion and elementary art programs ●Smaller learning communities for secondary students ●Better access to technology ●More support for social and emotional needs ●Focus on physical health and wellness ●And much, much more! Curiosity Thrives Here 4/30/2018 2 Priorities Moving Forward Community is sharing what skills, attributes and experiences it wants to see for students: Think Tanks What We’ve Heard: ●Open mindedness ●Ability to learn from failure ●Motivation and self‐direction ●Critical thinking ●Written and verbal communication skills ●Work ethic and accountability ●Creativity and problem‐solving ●Collaboration/being a team player ●Networking and self‐advocacy ●Curiosity and love of learning ●Basic life skills Thoughtexchange Portrait of Graduate Conversations Most Likely to Succeed Conversations Idea Quest and Story Walls 4/30/2018 3 What We Are Currently Doing We are transforming our schools for the new economy Curiosity Thrives Here Focus on: ●Design thinking ●Creativity ●Communication ●Critical thinking ●Collaboration ●Self‐Awareness Partners ●Optum Health ●Stanford University’s Design School ●EdLeader21 ●Local organizations Start, Stop, Improve Activity Curiosity Thrives Here To help meet the needs of our students in the new economy: ●What should the district start doing? ●What should the district stop doing? ●What can we improve upon? 4/30/2018 4 RESOLUTION 2018-090 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 $404,771.97 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 1st day of May, 2018. Ted Kozlowski, Mayor ATTEST : Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2018-090 Page 1 LIST OF BILLS 30 Specialties Inc. Ped crossing 7x7 stop 1,634.33 Advance Auto Parts Equipment repair supplies 787.44 Advanced Sportswear Uniforms 546.00 Amdahl Locksmith Inc Chris Keys cut 13.75 American Planning Association Membership 414.00 Aspen Mills Uniforms 3,909.63 AutoNation Vehicle repairs 119.21 Batteries Plus Bulbs Batteries 162.40 BHE Community Solar Solar Garden 5,805.25 Boyer Trucks Equipment repair supplies 878.70 Brownells Inc Supplies 685.67 Cardinal Tracking Inc Envelopes 714.24 Carte Graph Systems Inc. Cartelite Renewal 13,432.87 Century Link Telephone 84.02 Cintas Corporation Mat & uniform cleaning service 412.47 Clog Un-Boggier Inc. Sewer line repair 750.00 Comcast Internet 134.90 David Hardware Inc Equipment repair supplies 110.00 ECM Publishers Publications 227.10 Emergency Automotive iPad case/docking stations 598.93 Emergency Medical Products Supplies 194.07 Emergency Serv Consulting Inc. Consulting 5,351.00 FleetPride Vehicle repair supplies 116.17 Flexible Pipe Tool Co. Supplies 219.65 Galls LLC Uniforms -Gannaway 83.06 Goodyear Commercial Tire Tires 1,322.05 H&L Mesabi Equipment repair supplies 462.80 Heikes Tree Service Haul pallets 1,000.00 Heritage Printing Inc. Utility billing forms 984.50 Hotsy Equipment of Minnesota Equipment repair supplies 460.65 ICMA Membership 1,195.00 International Code Council Code 111.00 Kath Companies Equipment 1,674.08 Lappi Larry Refund of Escrow 500.00 Lynn Peavy Company Evidence supplies 403.50 Mansfield Oil Company Fuel 8,643.92 Marshall Electric Company Council chamber lighting 8,646.00 McAlpine Linda Park Fee Refund 85.00 Menards Supplies 641.91 Metropolitan Council Permit fee 425.00 Metropolitan Mechanical Contractors Maintenance agreement 2,162.00 MHSRC/Range Class fee 525.00 Minnesota UI Fund Unemployment Bene 474.65 Mitchell Thomas & Paula Utility billing refund 424.10 MnFIAM Book Store Training supplies 330.00 EXHIBIT "A" TO RESOLUTION #2018-090 Page 2 Municipal Emergency Services Equipment 11,538.47 NAPA Auto Parts Battery 253.99 National Fire Protection Association Membership 175.00 Newman Signs Protective overlay film 882.00 Office Depot Office supplies 53.12 Olsen Chain & Cable Inc. Lever hoist 273.17 O'Reilly Auto Parts Equipment repair supplies 70.39 Otis Elevator Company Elevator Contract 5,230.32 Oxygen Service Company Inc. Oxygen 210.78 Pioske Shawn Refund ramp did not make change 4.00 Post Board Membership 90.00 Quill Corporation Paper 83.96 RDO EQUIPMENT CO. Equipment repair supplies 79.95 Regions Hospital Narcan nasal spray 90.00 Robole Donna Reimburse for mileage 22.89 Safe Fast Inc Calibration service 156.50 Shilts Cindy Reimburse for expenses 97.28 Simplifile LC Recording fees 300.00 Sky's the Limit Consulting Energy Bus wellness program 200.00 Spartan Promotional Group No parking orders 431.98 St. Croix Boat and Packet Co. Dock Space Lease 3,476.67 Steve Olin Construction Frame walls over concrete in basement 3,375.00 Stillwater Collision and Mechanical Vehicle repairs 8,368.21 Stillwater Motor Company Vehicle repair 734.31 Stillwater Rotary Club Membership 190.00 Streichers Uniforms 84.03 T.A. Schifsky and Sons Aggregate 941.12 Telemetry and Process Controls Professional services 513.50 Tessman Seed Co. St. Paul Field supplies 3,591.04 TKDA Marylane project 2,248.93 TKK Electronics LLC Emergency vehicle mobile data computers 14,174.10 Tri-State Bobcat Bobcat Skid Steer 50,594.00 Universal Truck Equipment Rear wing assembly 5,409.00 USAble Life Term Life Insurance 458.40 Verizon Wireless Wireless service 2,754.93 Vrambout Roland Utility billing refund 87.25 Wal mart Community Supplies 117.51 Washington County License Center Forfeiture 21.75 Washington County Recorder Assessing Service Fee 109,020.56 Washington County Road & Bridge Traffic services 75.50 Wenck Construction Police project 1,916.83 WSB & Associates Inc. Professional services 11,932.00 CREDIT CARDS Amazon.com Supplies 857.92 Hamline University Seminar 50.00 EXHIBIT "A" TO RESOLUTION #2018-090 Page 3 MBFTE Firefighter licensing 100 .00 MN Government Finance Officers Membership 50.00 Pier B Resort Hotel 121.08 Walmart.com Supplies 42 .72 Wayfair Table for Council Chambers 137.99 REC CENTER Cintas Corporation Mat cleaning service 103.00 Heritage Printing Inc. Printing 1,268.35 Winnick Supply Repair materials 581.05 LIBRARY 1000 Bulbs.com Lighting 63 .44 Baker and Taylor Materials 45 .08 Brodart Co Materials 3,590 .61 Master Mechanical Inc. Building Repairs 2,432.11 Minnesota UI Fund Unemployment Compensation 311.00 Office of MN IT Services Telephone 138.50 Paper Roll Products General Supplies 176.11 Penguin Random House Inc. Materials 20.00 Stillwater Medical Group Drug Screening 83 .00 Textile Center Programs 650 .00 Toshiba Business Solutions Maintenance Contract 75 .27 Washington County Library Ql 2018 Pmt Collections 267.80 LIBRARY CREDIT CARD Amazon.com Programming 16.76 American Library Association Bookmarks 48.00 Lakeshore Learning Materials Minor Equipment 192 .64 APRIL MANUALS Century Link Phone service 318.06 Comcast Internet & voice 398.78 costar Realty Information Property Professional 376.83 Postmaster Utility Billing & Newsletter Postage 4,636 .05 Service on a Shoestring Recycling Coordinator services 10,596.00 Xcel Energy Energy 16,187.06 ADDENDUM Century Link Telephone 88 .92 Estate of Keith Sherburne Park i ng Ramp Permit Refund 105.00 Magnuson Law Firm Professional Service 12,636.83 EXHIBIT "A" TO RESOLUTION #2018-090 National Business Furniture Sky's the Limit Streichers Veterans Memorial Xcel Energy Adopted by the City Council this 1st Day of May, 2018 Chairs for Council Chambers Wellness Program Uniform supplies Super Valu Parking Energy 6,601.00 500.00 2,788.97 4,347.00 25,584.58 TOTAL 404,771.97 Page4 RESOLUTION 2018-091 RESOLUTION APPROVING CITY PARTICIPATION IN 2018 RIVER CITY SCULPTURE TOUR; APPROVING SCOPE OF SERVICES AGREEMENT WITH ARTFARM, LLC AND AUTHORIZING A CONTRIBUTION OF $1500 TOWARDS INSTALLATION AND SCULPTURE AWARDS FROM THE COMMUNITY BEAUTIFICATION FUND WHEREAS, the City of Stillwater has been approached by Julie Pangallo, of ArtFarm, LLC, to participate in the River City Sculpture Tour for a third year in 2018; and WHEREAS, the River City Sculpture Tour consists of the placement of up to twelve sculptures created by local, regional and national artists in various locations in downtown Stillwater from August 2018 through August of 2019; and WHEREAS, the 2018 River City Sculpture Tour will involve the collaboration of many local community organizations; and WHEREAS, as part of the collaboration for the River City Sculpture Tour, the City of Stillwater is being requested to provide in-kind resources, liability and comprehensive insurance coverage for the sculptures and a contribution of $1500 from the community beautification fund towards installation of the sculptures and artist stipends as further noted in the attached proposed Scope of Services Agreement with ArtFarm, LLC; and WHEREAS, the 2018 River City Sculpture Tour will continue another amenity in the community to assist in promoting tourism and economic development. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves City participation in 2018 River City Sculpture Tour; approves the attached scope of services agreement with ArtFarm, LLC and authorizes a contribution of $1500 towards installation and artist stipends from the community beautification fund. Enacted by the City Council of the City of Stillwater, Minnesota this 1st day of May 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk AGREEMENT THIS AGREEMENT made this __ day of May, 2018 between the City of Stillwater, Washington County, Minnesota ("City") and ArtFarm, LLC, c/o Julie Pangallo, Ifs Manager, 7124 Mueller Road Fall Creek WI 54742 ("ArtFarm"). 1. The City of Stillwater hereby authorizes ArtFarm to use part of various sidewalks, rights of way and public property to conduct and manage the 2018 River City Sculpture Tour. 2. ArtFarm is authorized to use the sites from May 1, 2018 through the end of August, 2019. 3. ArtFann must use the spaces shown on the map attached hereto as Exhibit "A." 4. The displays must be set up in such a way that pedestrian or motor vehicle traffic will not be impeded. Displays must be placed on cement pads that must be constructed and placed only on approved locations. 5. The cost of City Staff time in selecting locations and supervising the construction of pads will be donated to the endeavor by the City, as well as a stipend of $1,500 towards the installation of sculptures and artist stipends. 6. Signage must be approved by the Community Development Director including the size and location of signs and banners. 7. The City will provide space for the temporary storage of sculptures, pedestals for display and signage for each display, ballot boxes for voting on the Peopie's Choice Award, work people and equipment for the installation of Sculptures in the Summer of 2018, and removal of Sculptures in August of 2019, including a skid steer or~front end loader for approximately four hours in each season, and a welder with portable equipment. STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this __ day of --~ 2018, by Julie Pangallo, the Manager and duly authorized agent for ArtFarm, LLC. THIS INSTRUMENT DRAFTED BY: David T. Magnuson Magnuson Law Firm 324 Main Street South, Suite 260 Stillwater, MN 55082 (651) 439-9464 telephone (651) 439-5641 fax Notary Public - 3 - RESOLUTION 2018‐097 RESOLUTION ACCEPTING CASH DONATIONS WHEREAS, the City of Stillwater has received the following donations and designations;  Croix Boat and Packet‐ Fireworks ‐ $500.00  Xcel Energy ‐ Fireworks ‐ $5,000.00  The Margaret Rivers Foundation ‐ Fireworks ‐ $5,000.00  Susan Pearson ‐ Friends of Police ‐ $30.00  Stillwater Firefighters Relief Association ‐ Friends of Fire ‐ $5059.07 and WHEREAS, Minnesota Statutes §465.03 requires donations to be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby accepts the above donations and the designation of funds. Adopted by the City Council of the City of Stillwater, Minnesota, this 1st day of May 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION 2018-098 RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION TAX INCREMENT REVENUE NOTE, ASSIGNMENT OF RIGHTS UNDER DEVELOPMENT CONTRACT, AMENDED AND RESTATED PARKING USE AGREEMENT AND FIRST AMENDMENT TO ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE CROSBY HOTEL PROJECT WHEREAS, the documents are needed to assign all interest in the Development Agreement, the TIF Note and the Parking Use Agreement to a new entity owned by the same principals that will be the borrower and the operator of the hotel; and WHEREAS, this is common practice, and for that reason the Development Agreement exempts this sort of transfer from the written consent of the City; and WHEREAS, documents provides that a written consent requirement does not prohibit "an assignment of the Redeveloper's interest in this Agreement to an entity that is wholly owned by the current principals of the Redeveloper, nor will this provision prohibit the assignment of the TIF Note to third parties. NOW THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby approves and authorizes the Mayor and City Clerk to execute the following documents, related to the Crosby Hotel project, on behalf of the City. 1. Tax Increment Revenue Note 2. Assignment of Rights Under Development Contract 3. Amended and Restated Parking Use Agreement 4. First Amendment to Assessment Agreement and Assessor's Certificate Adopted by the Stillwater City Council this 1st day of May, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk CITY OF STILLWATER, MINNESOTA TAX INCREMENT REVENUE NOTE (CROSBY HOTEL PROJECT) $982,800 This document was drafted by Dave T. Magnuson, #66400 Magnuson Law Firm 324 South Main Street, Suite 260 Stillwater, MN 55082 651/439-9464 No. I Interest Rate 3.25% UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER, MINNESOTA TAX INCREMENT REVENUE NOTE (CROSBY HOTEL PROJECT) $982,800 Maturity Date January 2, 2043 Date of Original Issue May 1, 2018, Registered Owner: MIDNIGHT REAL ESTATE II, LLC The City of Stillwater, Minnesota (the "City"), for value received, certifies that it is indebted and hereby promises to pay to the registered owner set forth above or its assigns (the "Registered Owner"), but solely from the Available Tax Increments (defined below) the principal sum of $982,800 and to pay interest thereon at the interest rate set forth above, as and to the extent set forth herein. 1. Payments. Interest shall accrue on this Note from the Date set forth above at the interest rate set forth above payable first on August 1, 2019 and each August 1 and February 1 thereafter (the "Payment Dates"). The principal amount of this Note is due on the Maturity Date as defined below. In the event the Available Tax Increment, as defined below is not sufficient to pay all principal of this Note and accrued interest due on this Note on any Payment Date, the Available Tax Increment shall be applied first to accrued and unpaid interest, and then to principal. The term "Maturity Date" means the earlier of (a) the date all principal and accrued interest on this Note have been paid in full; or (b) January 2, 2043. Payments are payable by mail to the address of the Registered Owner or such other address as the Registered Owner may designate upon thirty (30) days written notice to the City. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the Date of Original Issue, set forth above. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. 3. Available Tax Increment. Payments on this Note are payable on each Payment Date solely from the Available Tax Increment. As defined in the Contract For Private Redevelopment, dated as of November 2, 2017 (the "Agreement") between the City and Midnight Real Estate II, LLC, a Minnesota limited liability company pursuant to the terms and conditions of the Assignment of Rights Under Development Contract dated 2018 -2- from Midnight Real Estate, LLC, a Minnesota limited liability company to Midnight Real Estate II, LLC (the "Developer"). The City shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than the Available Tax Increment and the failure of the City to pay all or any portion of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the City pays principal and interest hereon to the extent of the Available Tax Increment. The City shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the Maturity Date. The City makes no warranty or representation that the Available Tax Increment will be sufficient to pay all or any portion of the principal or interest on this Note. 4. Termination. At the City's option, this Note shall terminate and the City's obligation to make any payments under this Note shall be discharged upon the occurrence of certain Events of Default on the part of the Developer as defined in Article 9 of the Agreement. 5. Nature of Ob ligat io n . This Note was issued to aid in financing certain capital and administration costs of a Development District undertaken by the City pursuant to Minnesota Statutes, Sections 469.124 through 469.134, as amended, and is issued pursuant to authorizing resolutions (the "Resolutions") duly adopted by the City on June 20, 2017, and Tax Increment Dist. No. 12, and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes , Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the City which is payable solely from Available Tax Increment pledged to the payment hereof under the Resolutions. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of the Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. Notwithstanding anything to the contrary contained herein, the City hereby consents to the assignment and pledge by the Registered Owner of this Note to Coulee Bank(the "Lender") to secure certain obligations of the Registered Owner to the Lender. Until otherwise directed to do so by the Lender, all payments of principal and accrued interest hereunder shall be paid to the Lender at 742 Grand Avenue St. Paul, MN 55105 or at such other location may be provided by the Lender to the City in writing. 6. Additional Obligations. The City shall issue no obligation secured in whole or in part by Available Tax Increment, unless the pledge to such obligation is subordinate to the pledge to the Note issued under the Resolution or the Registered Owner gives its written consent to the issuance of such obligation. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the City according to its terms, have been done, do exist, have happened, and have been performed in due -3- form, time and manner as so required. IN WITNESS WHEREOF, the City Council of the City of Stillwater has caused this Note to be executed with the manual or facsimile signatures of its Mayor and City Clerk, all as of the __ day of , 2018 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, City Administrator (The remainder of this page is intentionally left blank.) -4- ASSIGNMENT OF RIGHTS UNDERDEVELOPMENT CONTRACT TIIIS ASSIGNMENT OF RIGHTS UNDER DEVELOPMENT CONTRACT ("Assignment") made this _·_ day-of 2018 (the "Effective Date"), by and between Midnight Real Estate, LLC, a Minnesota limited liability company ("Midnight"), Midnight Real Estate II, LLC, a Minnesota limited liability company ("Midnight Il"), and City of Stillwater, Minnesota, an incorporated city in Mmnesota (the "City"), on the other hand ( collectively, Midnight, Midnight II and the City are the "Parties"). WHEREAS, the City and Midnight entered into that certain Contract for Private Development dated November 2, 2017 ("Development Contract"), providing for the development of a hotel, restaurant and parking ramp ("Project"); WHEREAS, the City approved Midnight's application for tax increment financing ("TIF'') for the Project pursuant to the Developm ent Program for the Development of District No. 1 and the Tax Increment Financing Plan for Tax Increment Financing District No. 12 (a Redevelopment District) (the "TIF Plan"); WHEREAS, Midnight wishes to assign, arid Midnight II wishes to accept assignment of, Midnight's rights and obligations under the Development Contract, all Exhibits to the Development Contract and any other agreement between Midnight and the City relating to the Project; WHEREAS, the City will consent to the assignment; WHEREAS, City acknowledges Midnight has satisfied all conditions precedent to City action as set forth in Articles 3 of the Development Contract, and affirms that Midnight is in compliance wit~ the Development Contract; · WHEREAS, the Parties agree that the material circumstances giving rise to the initial TIF approval remain unchanged, and the Parties desire to continue to move forward with development as planned. · NOW, THEREFORE, in consideration of the mutual promises and obligations contained in this Agreement and other good and valuable consideration, the Parties agree as follows: 1. Recitals. The parties agree that all of the above recitals are accurate and hereby are incorporated by reference. 2. Construction and Completion Dates. The parties agree to amend all time schedules in the Development Contract as follows: 3.1 The outline for Tax Increment Assistance in Section 3.3.4 is affirmed, that payments will commence on August 1, 2019 if the Minimum Improvements are completed before December 31, 2018. Notwithstanding the foregoing, the commencement date will be adjusted based upon the completion date. 3. Developer Riehts Assi@ment; City Consent. The City consents to the assignment of Midnight's rights under the Development Contract,_all Exhibits to the Development Contract and any other agreement between Midnight and the City relating to the Project to Midnight II. Midnight II agrees to be bound under the same terms and obligations as initially agreed. 4. Substitution of TIF Party. In place of Midnight, the recipient of TIF funding will be Midnight II. The city consents to such substitution. 5. All Other Terms the Same. All other terms and conditions of the Development Contract and the TIF Plan including the TIF promissory note will remain in force. 6. Capitalized Terms. Capitalized terms contained in this Assignment which are not otherwise defined herein shall have the meaning ascribed to them in the Development Contract. 7. Inconsistent Terms. This Assignment is to be read in conjunction with the Development Contract. If the terms and conditions of this Assignment are inconsistent with the terms and conditions of the Development Contract, the terms and conditions of this Assignment shall control and govern. 8. Counterparts. This Assignment may be executed in any number of counterparts , each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this Assignment by facsimile transmission or electronic transmission (e.g., ".pdf' or ".tif') shall be effective as delivery of a manually executed counterpart of this Assignment. Upon request, a party shall deliver an original executed counterpart of this Assignment to the other party. MIDNIGHT REAL ESTATE, LLC By:---------------Its: ______________ _ MIDNIGHT REAL ESTATE II, LLC By: ____________ _ Its: ______________ _ CITY OF STILLWATER, MINNESOTA -2- Amended and Restated Parking Use Agreement This "Amended and Restated Parking Use Agreement" ("Agreement") is entered into effective this_ day of , 2018 by and between Midnight Real Estate II, LLC, a Minnesota Limited Liability Company, (the "Redeveloper") and the City of Stillwater, MN (the "City"). RECITALS (i) On November 2, 2017, the City and the Redeveloper entered into a Contract for Private Development which was filed in the Office of the Registrar of Titles of Washington County, Minnesota on , 2018 as Document No. _______ and recorded in the Office of the County Recorder of Washington County on , 2018 as Document No. ------ ("Development Agreement"). (ii) A Parking Use Agreement also dated November 2, 2017 between the City and the Redeveloper was attached to the Development Agreement as Exhibit F ("Original Parking Use Agreement"). (iii) The Redeveloper under this Agreement is the successor in interest to Midnight Real Estate, LLC, the Redeveloper under the Original Parking Use Agreement pursuant to the terms and conditions of an Assignment of Rights Under Development Contract from Midnight Real Estate, LLC to Midnight Real Estate II, LLC dated contemporaneously with this Agreement, which assignment was approved by the City. (iv) Since tax increment assistance was granted by the City to the Redeveloper, it is necessary that at least part of the "Parking Facility" as defined in the Development Agreement and Original Parking Use Agreement be available for public use. It is the purpose of this Agreement to describe and memorialize that public use. (v) The Parking Facility is located on the real property in Washington County, Minnesota and legally described on Schedule A to this Agreement ("Real Property"). (vi) The City and the Redeveloper desire to amend and restate the Original Parking Use Agreement pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. The ground level parking is exclusively a private parking facility owned by the Redeveloper and devoted to parking for the restaurant and hotel. 2. The parking deck will be owned by the Redeveloper, but available for public parking on the terms and conditions described in this Agreement. 3. The Redeveloper will own manage and maintain the parking deck and is allowed to charge and collect local public parking market rates for the public parking, which charges will be the property of the Redeveloper. 4. Subject to availability, hotel guests and restaurant parking is permitted on the parking deck. 5. The City has terminated any and all parking agreements between the City and Arcola Development Company arising out of or relating to the Parking Facility and the City represents that Arcola Development Company has no interest or rights to any parking within the Parking Facility. 6. The Redeveloper is authorized to conduct events on the parking deck; provided, that the Redeveloper first secures an event permit if required by the City event policy, and provided further that event use does not mrreasonably displace the public parking. 7. This Agreement is in perpetuity and can only be terminated if a replacement parking plan is approved by the City for both the private and public parking memorialized by this Agreement 8. The provisions and conditions of this Agreement shall run with and bind the Real Property and be enforceable against successors and assigns of the signing parties. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. Remainder of page intentionally left blank. Signature pages follow. CITY OF STILLWATER By:----------- Ted Kozlowski, Its Mayor By: __________ _ STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) Diane F. Ward, Its Clerk On this_ day of , 2018, before me a Notary Public with in and for said County, appeared Ted Kozlowski, and Diane F. Ward, to me personally known who, being duly sworn, did say they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a municipal corporation. STATE OF MINNESOTA COUNTY OF ------ ) ) ss ) Notary Public MIDNIGHT REAL ESTATE II, LLC By: -----------Anne Loff, Its CEO/CFO The foregoing instrument was acknowledged before me this _ day of , 2018, by Anne Loff, the CEO/CFO of Midnight Real Estate II, LLC, a Minnesota limited liability company. Drafted By: David T Magnuson (#66400) Magnuson Law Firm 324 Main Street South, Suite #260 Stillwater, MN 55082 -5165 651 -439-9464 (phone) Notary Public FIRST AMENDMENT TO ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE THIS AMENDMENT ("Amendment") made this __ day of , 2018, between The City of Stillwater, Minnesota, a municipal corporation (the "City"), and Midnight Real Estate II, LLC (the "Owners") and the County Assessor of the County of Washington, Minnesota (the "Assessor"). RECITALS (i) On November 2, 2017, the City and the Redeveloper entered into a Contract for Private Development which was filed in the Office of the Registrar of Titles of Washington County, Minnesota on 2018 as Document No. _______ and recorded in the Office of the County Recorder of Washington County on , 2018 as Document No. ____ _ ("Development Agreement"). (ii) On November 2, 2017, the City, Owners and the Assessor entered into an Assessment Agreement and Assessor's Certificate which was filed in the Office of the Registrar of Titles of Washington County, Minnesota on January 25, 2018 as Document No. 1251740 and recorded in the Office of the County Recorder of Washington County on January 25, 2018 as Document No.4143214 ("Assessment Agreement"). (iii) The Assessment Agreement was attached as Exhibit B to the Development Agreement. (iv) Schedule A to the Assessment Agreement contained an incomplete legal description of the "Project" as defined in the Assessment Agreement. (v) The Owners are the successors in interest to Midnight Real Estate, LLC pursuant to the terms and conditions of an Assignment of Rights Under Development Contract from Midnight Real Estate, LLC to Midnight Real Estate II, LLC dated 1 contemporaneously with this Amendment, which assignment was approved by the City. (vi) The City, Owners and the Assessor desire to amend the Assessment Agreement pursuant to the terms and conditions of this Amendment. NOW, THEREFORE, the parties to this Amendment, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. Replacement of Schedule A. Schedule A to this Amendment is hereby substituted as the true and correct Schedule A to the Assessment Agreement. Schedule A which is attached to the Assessment Agreement filed in the Offices of the Registrar of Titles and County Recorder of Washington County as described in the Recitals above shall be disregarded for all purposes. 2. Remaining Terms and Conditions. Except as expressly amended by this Amendment, all of the remaining terms and conditions of the Assessment Agreement shall remain in full force and effect. 3. Capitalized Terms. Capitalized terms contained in this Amendment which are not otherwise defined herein shall have the meaning ascribed to them in the Assessment Agreement. 4. Inconsistent Terms. This Amendment is to be read in conjunction with the Assessment Agreement. If the terms and conditions of this Amendment are inconsistent with the terms and conditions of the Assessment Agreement, the terms and conditions of this Amendment shall control and govern. 5. Incorporation of RecitaJs. The parties acknowledge and agree that the recitals as contained in this Amendment are true and correct and incorporate all of such recitals into this Amendment. 6. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this Amendment by facsimile transmission or electronic transmission (e.g., ".pdf' or ".tif') shall be effective as delivery of a manually executed counterpart of this Amendment. Upon request, a party shall deliver an original executed counterpart of this Amendment to the other party. IN WITNESS WHEREOF, each of the parties has caused this Amendment to be executed in the manner appropriate to each, to be effective as of the day and year first above written. Remainder of page intentionally left blank. Signature pages follow. 2 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) CITY OF STILLWATER By:----------- Ted Kozlowski, Its Mayor By: __________ _ Diane F. Ward, Its Clerk On this _ day of , 2018, before me a Notary Public with in and for said County, appeared Ted Kozlowski, and Diane F. Ward, to me personally known who, being duly sworn, did say they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a municipal corporation. STATE OF MINNESOTA COUNTY OF ------ ) ) ss ) Notary Public MIDNIGHT REAL ESTATE II, LLC By: __________ _ Anne Loff, Its CEO/CFO The foregoing instrument was acknowledged before me this _ day of ____ , 2018, by Anne Loff, the CEO/CFO of Midnight Real Estate II, LLC, a Minnesota limited liability company. Notary Public 3 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) WASHINGTON COUNTY ASSESSOR By: __________ _ Bruce Munneke, County Assessor Washington County The foregoing instrument was acknowledged before me this _ day of ____ , 2018, by Bruce Munneke, the County Assessor of the County of Washington, Minnesota. Drafted By: David T Magnuson (#66400) Magnuson Law Firm 324 Main Street South, Suite #260 Stillwater, MN 55082 -5165 651 -439-9464 (phone) Notary Public 4 SCHEDULE A Parcel 1: (Torrens Property-Certificate of Title No. 74539) All that part of Lots 2, 3, 4, 5, 6 and 8, of Block 18 of the Original Town, now City of Stillwater, Washington County, Minnesota, more particularly described as follows, to-wit: Beginning at the Northeasterly corner of Lot 2, Block 18, Original Town of Stillwater, Washington County, Minnesota; thence Westerly along the Northerly line of said Lot 2 for 50.00 feet; thence Southerly and parallel with the Westerly line of said Lot 2 for 10 .. 0 feet; thence Westerly and parallel with said Northerly line of Lot 2 for 100.0 feet to said Westerly line of Lot 2; thence Southerly along said Westerly line of Lot 2 for 40.0 feet to the Southwesterly corner thereof; thence Easterly along the Southerly line of said Lot 2 for 125.0 feet to the Northwesterly corner of the Easterly 25.0 feet of Lot 3 said Block 18; thence Southerly along the Westerly line of said Easterly 25.0 feet of Lot 3 and along the Easterly line of the Easterly 25.0 of Lot 4 said Block 18 for 100.0 feet to the Northerly line of Lot 5 of said Block 18; thence Westerly along said Northerly line of Lot 5 for 15.0 feet; thence Southwesterly in a straight line to a point in the South line of said Lot 5, said point being 93 .0 feet Easterly from the Southwesterly corner of said Lot 5, as measured along said Southerly line of Lot 5; thence Easterly along said Southerly line of Lot 5 for 7.0 feet; thence Southerly and parallel with the Westerly line of Lot 6 of said Block 18, for 32.0 feet; thence Easterly and parallel with the Northerly line of said Lot 6 for 50.0 feet to the Easterly line of said Lot 6; thence Northerly along said Easterly line of Lot 6 for 1.56 feet, more or less, to its intersection with a line drawn Easterly and parallel with the Northerly line of Myrtle St. from a point in said Westerly line of Lot 6, said point being 18.0 feet Northerly as measured along said Westerly line of Lot 6, from the Southwesterly corner of said lot; thence Easterly and parallel with said Northerly line of Myrtle St. for 66.0 feet to a point 84.0 feet Westerly of the Westerly line of Main St., as measured along said line parallel with Northerly line of Myrtle St.; thence Northerly and parallel with said Westerly line of Main St. for 52.7 feet to its intersection with a line drawn parallel with and 434.0 feet Northerly of said Northerly line of Myrtle St.; thence Easterly and parallel with said Northerly line of Myrtle St. and 434 feet Northerly therefrom for 84.0 feet to said Westerly line of Main St.; thence Northerly along said Westerly line of Main St. for 100.35 feet to a point in said West line of Main St., said point being 534.35 feet Northerly from said Northerly line of Myrtle St., as measured along said Westerly line of Main St.; thence Westerly and parallel with the Southerly line of Mulberry St. for 150.0 feet to the Easterly line of said Lot 3 of Block 18; thence Northerly along said Easterly line of Lot 3 and along the Easterly line of said Lot 2 for 75.84 feet to the point of beginning. Except the following described property: All that part of Lot 2, Block 18, of the Original Town (now City) of Stillwater, Washington County, Minnesota, described as follows: Beginning at the Northeasterly corner of Lot 2, Block 18, Original Town of Stillwater as surveyed and platted; thence Westerly along the Northerly line of said Lot 2 for 50 feet; thence Southerly and parallel with the Westerly line of said Lot 2 for 10 feet; thence Westerly and parallel with said Northerly line of said Lot 2 for 100 feet to said Westerly line of said Lot 2; thence Southerly along said Westerly line of said Lot 2 for 40 feet to the Southwesterly corner thereof; thence Easterly along the Southerly line of said Lot 2, to the Southeasterly corner thereof; thence Northerly along the Easterly line of said Lot 2 to the point of beginning. "as amended by Myron Shepard's Perfected Plat of the City of Stillwater dated May 21, 1878." Parcel 2: (Abstract Property) The West 125 feet of Lots 3 and 4, Block 18, of the Original Town, now City, of Stillwater, Washington County, Minnesota. Parcel 3: (Torrens Property-Certificate of Title No. 75758) All that part of Lot Two {2), Block Eighteen (18), of the Original Town (now City) of STILLWATER, as amended by M.YRON SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER, dated May 21, 1878, Washington County, Minnesota, described as follows: Beginning at the Northeasterly corner of Lot Two (2), Block Eighteen (18), Original Town of STILLWATER as surveyed and platted, thence Westerly along the Northerly line of Lot Two (2) for 50 feet; thence Southerly and parallel with the Westerly line of said Lot Two (2) for 10 feet; thence Westerly and parallel with said Northerly line of said Lot Two (2) for 100 feet to said Westerly line of said Lot Two (2); thence Southerly along said Westerly line of said Lot Two (2) for 40 feet to the Southwesterly corner thereof; thence Easterly along the Southerly line of said Lot Two (2) to the Southeasterly corner thereof; thence Northerly along the Ea~terly line of said Lot Two (2) to the point of beginning. Parcel 4: (Abstract Property) Lot 1 and the North 10 feet of the West 100 feet of Lot 2, Block 18, Original Town (now City) of Stillwater, Washington County, Minnesota. Memo DATE: TO: FROM: RE: April 30, 2018 Mayor and City Council Sharon Harrison, Finance Director~~ 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 1st quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2nd quarter of every year using the water consumption ( obtained from the Water Board) from the 1st 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 1st 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 tum 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 (3rd 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 Staffs recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. Description of Circumstance 1 Leaky Toilet CITY OF STILLWATER EXHIBIT A Winter Average From To Gallons 48,000 12,000 Billing Quarter Adjustment for 2nd From:Cory Buettner To:Diane Ward; Beth Wolf; Tom McCarty Cc:cassiemclemore@gmail.com; Chuck Dougherty; Brandon@Candylandstore.com Subject:Waiver of Event Base Fee request Date:Monday, April 30, 2018 5:08:47 PM Hello Ms. Ward, Ms. Wolf and Mr. McCarty, Summer Tuesdays, Inc requests a waiver of the base event fee for the 2018 season. For the past 16 years this event has brought Stillwater residents and visitors to downtown for a market, live music and then a movie after dusk. It purposely planned for off-peak Summer evenings and only utilizes 7 city parking spots. Summer Tuesdays, Inc is a non-profit organization that produces this FREE family friendly event for the community. It is operated by local business owners and residents. We operate on a break-even budget with a small “rainy day fund” that ensures its’ continuation. For these reasons we ask that the City of Stillwater waive the base event fee. Sincerely, Cory Buettner President Summer Tuesdays, Inc Cell / Text (651) 295-4725 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING May 1, 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. Urban Area Plan Development 2. Update on 4th of July Celebration 3. Possible adoption Fire Relief Association resolution (available Tuesday) 4. Badge Presentation – Chris Zeuli IV. STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Development Dir. 9. Public Works Dir. 10. Finance Director 11. City Attorney 12. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 13. Possible approval of the April 17, 2018 regular and closed (available Tuesday) meeting minutes. IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 14. Pollinator Friendly Alliance – Laurie Schneider 15. Proclamation: Power Up 4 Kids Week 16. Service Award: Kim Swanson – Charter Commission & Jarod Prom – Traffic Safety Committee 17. Bike to School Day 18. 2018 Lumberjack Days Update – The Locals 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. 19. Resolution 2018-090, directing payment of bills 20. Resolution 2018-091, approval of 2018 Sculpture Tour Contract with ArtFarm LLC (available Tuesday) 21. Resolution 2018-092, approval of 2018 Stillwater Criterium Event and Contract 22. Resolution 2018-093, approving new tobacco license to Fog E-Cig Stillwater, LLC, DBA: Fog E-cig 23. Resolution 2018-094, approving license agreement with ILHC of Stillwater (Lakes at Stillwater) 24. Resolution 2018-095, a resolution approving a single taxing district for a lot combination 25. Resolution 2018-096, approving cooperative agreements with Washington County for maintenance of traffic control signals on Manning Avenue 26. Possible approval of NILMDTS Event – September 8, 2018 XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 27. CPC Case No. 2018-14. This is the date and time for a public hearing to consider a request by the City of Stillwater, applicant, for the consideration of a Zoning Text Amendment (ZAT) to regulate wireless facilities in City Code Section 31-101: Definitions, 31-209: Design Permit, 31-400: Floodplain Overlay District, and Section 31-512: Regulation of Radio and Television Towers. The aforementioned Case will also affect City Code Section 22-7 Heritage Preservation Commission and Chapter 24 Streets, Alleys and Public Property. Notice was published in the Stillwater Gazette on March 30, 2018. (1st Reading of Ordinance – Roll Call) (will be tabled to 5/17/18 meeting) 28. CPC Case No. 2018-11.This is the date and time for a public hearing to consider a request by Stillwater Mills Commercial Partners, LLC, property owner and Patrick Juetten, applicant, for the consideration of a Conditional Use Permit amendment (2003-83) to remove the condition requiring public use of the commercial parking garage after business hours and on weekends for the property located at 350 Main Street North in the CBD district. PID 2803020130183. Notices were mailed to affected property owners and published in the Stillwater Gazette on March 30, 2018. (Resolution – Roll Call) XIII. UNFINISHED BUSINESS 29. Discussion on Ordinance amendment to allow outside events in PA, Public/Institutional Zoning District XIV. NEW BUSINESS 30. Possible approval of 2018 Summer Tuesdays Event and Contract (Resolution – Roll Call) 31. Possible approval of plans and specifications for 2018 Street Improvement (Resolution – Roll Call) 32. Possible ordering preparation of feasibility report for the 2018 Sidewalk Rehabilitation Project (Resolution – Roll Call) 33. Possible approval of appointments to the Commissions of Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation, Planning, and Traffic Safety Review Committee 34. Request for a Special Meeting on May 15, 2018 – 4:30 p.m. XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT TO CLOSED SESSION TO CONSIDER OFFERS FOR THE PURCHASE OF REAL ESTATE, PURSUANT TO MINN. STAT. §13D.05 (121 CHESTNUT E) S CITY COUNCIL DATE: April 27, 2018 TOPIC: Minar neighborhood development FROM: Bill Turnblad, Community Development Director INTRODUCTION There is increasing pressure to develop the Minar Neighborhood. It is a neighborhood that was developed while still in the township, so the lots are all about 2.5 acres in size and have on-site septic systems and private wells. The City’s Comprehensive Plan envisions splitting the lots into smaller parcels and servicing them with sanitary sewer and municipal water. However no strategy has been developed yet for extending those utilities. Excerpt from 2008 Comp Plan Page 2 of 4 With the help of a civil engineer, four property owners in the neighborhood (see map below) have created a concept development plan for their lots. The plan is a series of cul-de-sacs branching off of Minar Avenue and Minar Lane. Sanitary sewer and water would be extended from Boutwell Road. The challenge is that without the participation of the property owners on the opposite side of the street, it is not economically feasible for the four property owners to extend sewer and water. Consequently, without City coordination of the extension of these utilities, the Comprehensive Plan is not feasible to implement as envisioned. Therefore, City staff believes it is necessary to adopt a public strategy for future development of this neighborhood. OPTIONS The two general development options are: 1) development with municipal utilities, or 2) development without municipal utilities. 1. Development with municipal utilities. If this option is preferred, then a public strategy for extending city sewer and water, along with financing that extension, would have to be decided upon. Page 3 of 4 a. Should current rural design remain in place? Basically this means leaving the ditches in place for water conveyance rather than routing it through storm sewer pipes. There is already a system of overland stormwater routes and easements in the neighborhood. i. Engineering and planning staff believe the rural road design should continue. b. Would the City design, build and finance the sewer and water? i. Would the City assess for the improvements? If so, this could not be done until the Joint Powers Agreement expires. ii. Perhaps the City finds funding sources to finance the project until individual property owners either subdivide their lots or want to connect to the sewer and water. At that point they would pay their fair share of the project costs. c. Should developers be responsible for installing the utilities as development occurs, then have City carry finance costs for the neighboring properties until the neighbors develop? i. This would result in haphazard and inefficient utility projects. ii. Inevitably there will be pockets of properties that will not develop in the best order for efficient utility extension and the City would likely become involved in extending the utilities through the gaps. d. If sewered development is desired, and the City is to be responsible for extending the utilities, the City should: i. Conduct a feasibility (and a phasing?) study. ii. Consider a moratorium on any lot splits until the strategy and regulatory framework is established. 2. Development without municipal utilities. If the City Council is not interested in becoming involved in the interim financing of the utility extension, then the most practical alternative would probably be to allow lot splits with on-site septic systems and private wells. a. The City’s current standards require a minimum lot size of 40,000 square feet (approximately 1 acre) for on-site septic systems. b. Though on-site septic systems are discouraged in an urban setting, the Minar Neighborhood developed as a rural neighborhood in the township. So one acre lots on-site septic systems may be appropriate here. i. This one acre density certainly is not in keeping with the spirit of the “suburban” development standards directed by the Metropolitan Council for Stillwater. It is expected that the density of development and re-development sites in suburban cities will be at least 5 units per acre on average. However, the Metropolitan Council is on record that the Minar and McKusick Road neighborhoods do not have to meet the 5 units per acre standard as these lots split. So, the City Council has the flexibility to set Page 4 of 4 whatever policy the local community would like for this neighborhood. c. If this option is desired, an ordinance may be required for the Minar Neighborhood that requires a reserve drainfield site for a new lot. In addition, perhaps a new zoning district should be developed with a one acre minimum lot size. REQUEST City staff requests the City Council to consider the two general development options, and if there is general consensus direct staff to pursue one of the options. bt 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES April 17, 2018 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Absent: Councilmember Junker Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Finance Director Harrison Public Works Director Sanders Engineering/Public Works Administrative Assistant Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of the April 3, 2018 regular and recessed meeting minutes Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to approve the April 3, 2018 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Achievement – Noah Schraut Mayor Kozlowski commended Noah Schraut, a Stillwater Area High School student who qualified for the National Speech and Debate Association Tournament and was named 2018 Student of the Year by the Minnesota Central Speech District. Presentation of Fire Department Staffing Study - Lane Wintermute, Consulting Division Director, Emergency Services Consulting International Fire Chief Glaser introduced Lane Wintermute from Emergency Services Consulting International (ESCI). Mr. Wintermute provided an evaluation of current conditions, an analysis of service delivery and response delivery, and a staffing needs assessment. He stated the evaluation indicates that the Stillwater Fire Department is adequately staffed for a single incident of average size, but staffing is compromised for events of multiple incidents. For larger incidents, the department is very dependent on mutual aid which is common for most departments. Recommendations include increasing the use of administrative and support volunteers, assessing and modifying the administrative assistant workload, City Council Meeting April 17, 2018 Page 2 of 13 increasing numbers of emergency response personnel as funding allows, and actively pursuing SAFER grant funding to supplement emergency response staffing. Mayor Kozlowski asked how mutual aid impacts staffing, noting that it seems like Stillwater provides a lot more mutual aid than it receives; and Mr. Wintermute replied that it depends on the number of people who are able to get to an emergency within an acceptable timeframe. Stillwater’s dependence on mutual aid is fairly high for larger incidents. On a question from Councilmember Weidner whether or not the study complete; Mr. Wintermute answered that this portion of the study is complete. The next step will be a strategic planning process with the Fire Chief, and a public community forum to establish goals and objectives based on the findings of the study. This should occur in mid-May. Councilmember Polehna asked if most fire departments respond to every traffic accident; and Mr. Wintermute responded that most fire departments do respond to traffic accidents. Each department handles emergency medical calls uniquely. On a question from Councilmember Menikheim about how triage is done, Chief Glaser explained that when a 911 call comes in, it is triaged at Washington County Dispatch. The Stillwater Fire Department responds to Level 1 incidents automatically in the 61 square miles that the department covers. Councilmember Weidner asked as part of strategic goal setting, are community standards developed and discussed, and Chief Glaser answered that when the community meeting is held, the Council will be encouraged to join the discussion. In addition, groups like home owners’ associations, the hospital board, and other elected officials may also be involved in setting the expectations for service levels. Sculpture Tour – Julie Pangallo Julie Pangallo, ArtFarm LLC, informed the Council that she would like to start the next Sculpture Tour after July 4. In the past the Council has supported the program with $1,500 from the beautification fund and she requests this be done again. She explained the sponsorship opportunities. City Administrator McCarty agreed to bring back an agreement with River City Sculpture Tours for action at a future meeting. St. Croix River Association - Natalie Warren Natalie Warren, St. Croix River Association, presented Best Practices for Zoning Applications, a resource developed to assist landowners in understanding the riverway protections. Library Events Update Library Board President Mike Kelleher introduced Sandy Ellis, new Events and Venue Coordinator. Mr. Kelleher stated that the Library Board has been working with neighbors to resolve event-related issues and intends to continue the constructive positive relationships with neighbors. Library Director Mark Troendle reviewed the Stillwater Public Library Events Policy and Procedures, which were adopted at the February Board meeting. City Attorney Magnuson reported that due to a flaw in the zoning ordinance, outdoor activities are not a permitted use in the public administration district. The zoning ordinance City Council Meeting April 17, 2018 Page 3 of 13 may be changed slightly to permit outdoor entertainment with a conditional or special use permit. With the Council’s direction, he and Community Development Director Turnblad can prepare a draft for review at the next meeting. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to direct staff to draft an amendment to the outdoor event section of the zoning ordinance for the public administration district. All in favor. OPEN FORUM Mary Ann Sandeen, 650 North Main Street, Friends of Stillwater Public Library, informed the Council that the spring book sale at the library starts April 18 at 5 p.m. Ed Otis, 12070 - 87th Street Circle North, voiced support for the Fire Department and for increasing the number of firefighters. STAFF REPORTS Community Development Director Turnblad stated that the Comprehensive Plan Advisory Committee will meet next Wednesday at 6:30 p.m. and the Historic Resources Chapter advisory group will meet tomorrow night. The Community Survey closes tonight and results will be analyzed. Councilmember Polehna asked Mr. Turnblad to set up a joint meeting between the Council and Planning Commission. Public Works Director Sanders stated MnDOT will start the second phase of the loop trail this week. For the next two weeks there will be lane closures on Highway 95 between 9 a.m. and 3 p.m. Highway 95 will be closed at some point in May for 21 days for storm sewer work and slope stabilization. The project should be completed by the end of August. Finance Director Harrison reported that the 2017 audit is complete. City Attorney Magnuson stated that the developers of The Lakes at Stillwater asked the City to help them sell 501(c)3 tax-exempt bonds to finance the project. However, the amount of the bonds would take up the City’s small issuer $10 million exemption. So they approached the City of Bethel, which agreed to issue $35 million of these bonds, and asked Stillwater to be the host city. The public hearing needs to be set for the second meeting in May. The Council will then have to adopt a resolution for a housing program for the project and approve a cooperative agreement with the City of Bethel. Ultimately there is no risk to the City. All expenses of the bonds will be covered by the developers. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2018-085, resolution calling for a Public Hearing and approving publication of a Notice of Public Hearing with respect to Host City approval of the issuance of revenue bonds by the City of Bethel under Minnesota Statutes, Chapter 462c. Ayes: Councilmembers Menikheim, Weidner, Polehna and Mayor Kozlowski Nays: None City Administrator McCarty noted a new sculpture in the City Hall being hosted this week for the Partnership Plan. The City’s annual report is done and will be posted on the web site. Hearings were held in the House and Senate on March 20 and April 12 regarding State bonding bill legislation for funding assistance for the St. Croix Riverbank restoration. It is moving on to a joint conference committee on Capital Investments. Concerning the City Council Meeting April 17, 2018 Page 4 of 13 Stillwater Residence on the South Hill, staff has been working with stakeholders and community members to resolve concerns. He reminded the Council of the League of Minnesota Cities annual conference in June in St. Cloud. Staff is working on setting a joint meeting between Stillwater, Bayport and Oak Park Heights to discuss collaborative efforts among the three cities. CONSENT AGENDA Resolution 2018-074, directing payment of bills Resolution 2018-075, approving findings of fact for the Bruggeman variance appeal denial Resolution 2018-076, Resolution approving the new On-sale (Monday-Saturday) and Consumption & Display Permit (Sundays Only) for the Loft of Studio J Possible approval of purchase of Floor Sweeper/Scrubber – Public Works Resolution 2018-077, approving cooperative agreement between the City of Stillwater and Washington County for maintenance of County State Aid Highway (CSAH) 5 and CSAH 24 (County Contract 11382 and 11535) Resolution 2018-078, approving cooperative agreement between the City of Stillwater and Washington County for maintenance of traffic signal system at the intersection of County State Aid Highway (CSAH) 5 (County Contract 11383) Resolution 2018-079, approve No Parking along portions of Osgood Avenue (County State Aid Highway 24) from 62nd Street North to West Orleans Street (Project SAP 082-624-009,169- 020-008) Resolution 2018-080, approval of agreement with the East Metro Public Safety Training Facility Resolution 2018-081, resolution approving lease of dock space from St. Croix Boat & Packet Resolution 2018-082, establishing No Parking on Stillwater Boulevard/Olive Street (County State Aid Highway 5) from Willard Street to Deer Path Resolution 2018-083, resolution declaring a State of Emergency Resolution 2018-084, approval of entering into a Master Partnership Contract with the State of Minnesota Department of Transportation Possible approval of utility bill adjustment Possible approval of temporary liquor license for St. Croix Catholic School Fundraiser on May 19, 2018 Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Weidner, Polehna and Mayor Kozlowski Nays: None PUBLIC HEARINGS A public hearing to consider the establishment of a Slow No Wake Zone on the St. Croix River from South Levee Wall (Dock Café) to the North Levee Wall (Mulberry Point) extending from the Minnesota shoreline to the Wisconsin shoreline City Administrator McCarty provided a map showing the proposed no wake zone area. Holding the public hearing is the first of many steps; testimony will be summarized and City Council Meeting April 17, 2018 Page 5 of 13 submitted to the Department of Natural Resources (DNR). The process could take up to a year and a half after submitting the information to the DNR. Staff will bring back a formal resolution with findings from tonight and a map depicting the area recommended to the DNR for the slow no wake zone. Mayor Kozlowski opened the public hearing. Andy Malon, 13200 St Croix Trail North, spoke in favor of a slow no wake zone. He operates the gas dock at Stillwater Marina. Bill Buth, 129 E Dock, Mulberry Point Yacht Harbor summer resident, stated a no wake zone will provide a safer environment for boaters and visitors. He referenced letters from two other Mulberry Point Yacht Harbor members who also support the no wake zone. Michelle Lee, Dock A summer resident, spoke in favor of a no wake zone extending past Mulberry Point. She related incidents in which she and family members almost fell in the water going to her boat due to a wake. Rob San Cartier, 216 Owens Street South, stated he opposes a no wake zone as it would limit the use of the river for recreation. Emmerson Ward, 2700 Manning Avenue South, Woodbury, spoke in favor of a no wake zone which would provide opportunities for slower craft and additional commerce for the City. Brian Utecht, Croixwood resident, stated he strongly opposes a slow no wake zone because it would hinder the recreational use of the river. He stated marinas have other options to break down waves and calm water, and existing laws address many of the concerns. He voiced concerns about whether alcohol would be allowed in Lowell Park and whether Lowell Park would become a boat parking lot. Wyatt Nelson, 12191 87th Street North, suggested establishing certain dates for a no wake zone. Cindy Ross, slip owner and business owner, stated she is in favor of a no wake zone. As a paddle boarder she feels the most treacherous stretch of the river is at Stillwater due to the wakes. People tend to procrastinate and then race to get under the lift bridge when it is raised. Dan Meyer, 311 Northland Avenue, stated he opposes a no wake zone. He believes the other no wake zones along the river exist because of structural objects sticking out. He feels the reason for this no wake zone would be to serve a small group of people. John Kerschbaum, 11251 Arcola Trail North, Gondola Romantica owner, stated he is in favor of a no wake zone. He thanked the boaters who are safety conscious and respect river users around them. He related several instances in which boat wakes caused him to lose control of the gondola. Brian Carter, Wolf Marina summer resident, stated the marina already has a no wake zone, as does Sunnyside. He opposes a no wake zone stretching across the river. Rick Hill, 1619 Pine Street West, spoke in opposition to a no wake zone, which he stated would benefit only a small group of people. He feels there should be no boat parking along the levee wall. He prefers better enforcement of existing river rules. City Council Meeting April 17, 2018 Page 6 of 13 Jim Chirpich, 1704 Oak Street, spoke in favor of a no wake zone. He referred to a 1991 resolution, adding no wake buoys in front of Stillwater, which was challenged. He believes the no wake zone will draw more people to downtown and make the area safer. Ken Wolf, Wolf Marina, stated 98% of the people are not bad boaters. He opposes a no wake zone and would prefer more enforcement of existing rules. He is happy the City is becoming more boater-friendly and would like to see more City docks. He feels kayakers and paddle boarders should use the north part of the river. Mayor Kozlowski closed the public hearing. Mayor Kozlowski stated he understands that public safety is the DNR’s only consideration in establishing a no wake zone. He always understood that no wake is to be created within 100 foot from shore structures. He has questions about enforcement relative to current rules. City Administrator McCarty stated in staff discussions with the DNR, they look very closely at the enforcement agencies’ input on any proposed slow no wake zone in terms of public safety. The DNR received notice of the public hearing and a copy of the map but has not provided any comment. Councilmember Weidner pointed out that the bridge approaches narrow the navigable part of the river by roughly 40%. He feels the river is for everybody and believes there is a public safety issue for motorized and non-motorized vessels in that area. Mayor Kozlowski remarked that the channel gets very narrow when water is high. The bulk of the incidents he has seen have been right out in front of Stillwater. When accidents happen it gives the community a black eye. His biggest concern is public safety. He believes a no wake zone would take 4-5 minutes at most for boaters to go from end to end. Going slow under the bridge is a small price to pay. However, he feels the City must be careful not to allow too many boats to tie up in Lowell Park blocking the view of the river. Councilmember Menikheim noted he was in and out of hundreds of ports over his Naval career and every one of them had regulations regarding speed. Times have changed and there are more non-motorized craft on the water. The City needs to protect its shorelines and a no wake zone is a good start. Councilmember Polehna commented that as an avid fisherman, he has experienced big cruisers almost throwing him into the pillars of the bridge while fishing. He has tied up to the levee wall with no problem. He dislikes no wake zones but recognizes something needs to be done around the bridge to slow the boats. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to direct staff to draft a resolution recommending that the DNR establish a slow no wake zone on the St. Croix River from South Levee Wall (Dock Café) to the North Levee Wall (Mulberry Point) extending from the Minnesota shoreline to the Wisconsin shoreline. Ayes: Councilmembers Menikheim, Weidner, Mayor Kozlowski Nays: Councilmember Polehna City Council Meeting April 17, 2018 Page 7 of 13 A public hearing to consider the street and sidewalk improvements for Third Street South (Project 2018-09, L.I. 418) Public Works Director Sanders explained that Washington County will reconstruct South Third Street from Walnut Street to Chestnut Street this summer. The project primarily consists of removing and replacing the existing concrete pavement, curbs and sidewalks. Three components of the project will require cost participation with the County: 1) Curbs will be replaced on the entire length of the project. On the east side of Third Street, the curb will be moved in toward the street to allow for a wider sidewalk. The County has proposed bump outs at all intersections on Third Street to provide for better visibility and shorter walking distances for pedestrians; 2) Since Third Street is being constructed, it is proposed that the existing one inch water service to the Armory building from Third Street be replaced with a new six inch water service to serve the property for future use; 3) The County is proposing to replace the retaining wall located at the southeast corner of Third and Chestnut (National Guard Armory property). This wall supports the street and the sidewalk and is in poor condition. The overall project cost is estimated to be $1,500,000 primarily funded by Washington County. The estimated cost of the three cost-share items is $278,584. It is proposed that a portion of these costs be assessed to property owners along Third Street. Mayor Kozlowski opened the public hearing. Walter Wdowychyn, 519 Third Street South, spoke in favor of the project, but expressed concerns about whether there will be green space. Mr. Sanders stated there will be no grass area between the curb and sidewalk. There are no raingardens proposed for the project. Don Kerr, Executive Director of Department of Military Affairs, owner of the Armory, expressed support for the project. There is a current purchase agreement with a buyer and they appreciate the ability to leave the property in a marketable condition. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2018-086, ordering improvement and preparation of Plans & Specifications for the Third Street South Improvement Project (Project 2018-09). Ayes: Councilmembers Menikheim, Weidner, Polehna and Mayor Kozlowski Nays: None A public hearing to consider the 2018 Street Improvement Project Public Works Director Sanders reviewed the project, which will replace pavement on the streets in the West Lily Lake and Interlachen neighborhoods. Curb and gutter sections that are settled, heaved, or badly cracked will also be removed and replaced. Deteriorated catch basins and manholes would be repaired or replaced and sump manholes added. The concrete pavement in Union Alley will be removed and replaced with 6 inches of aggregate and 4 inches of asphalt. All residential streets would have the top 1.5-inches of bituminous surface milled and overlaid with 1.5-inches of bituminous. Industrial Avenue and Curve Crest Boulevard would have a 2 inch mill and overlay. Settled, heaved or badly cracked curb sections and sidewalks will be replaced along with all intersection pedestrian ramps to meet ADA requirements. Catch basins and sanitary manholes will be reviewed to determine if the top section of rings need to be rebuilt. The median in Curve Crest would have the existing City Council Meeting April 17, 2018 Page 8 of 13 asphalt removed and replaced with concrete and two unused turn lanes replaced with a median. The total estimated cost of the project is $2,156,021 including design, surveying, inspection, administration, and contingencies. Cost of the project would be funded through assessments, permanent improvement bonds and State Aid funds. He explained the assessment roll and the project schedule. Construction will occur from June to October 2018. Mayor Kozlowski opened the public hearing. Don Rice, owner of Stillwater Veterinary Clinic, 2020 Curve Crest Boulevard, protested the 100% assessment rate for Curve Crest. He agrees that the road needs repair, but feels the wear and tear has little to do with Curve Crest businesses and is primarily due to developments to the west. Councilmember Weidner asked Mr. Sanders to explain the 100% assessment; and Public Works Director Sanders replied that the City’s assessment policy for the industrial park is to assess 100% to property owners. He added that of the project cost estimate, $723,000 was for Curve Crest and Industrial Boulevard, but the assessments do not include any of the median work which will be funded by State Aid money. Councilmember Weidner pointed out that assessments are limited to the increase in property values to those assessed. Mayor Kozlowski empathized with Dr. Rice’s concern and added that the assessment policy is not perfect. If a property owner can get an appraisal that contradicts the added value resulting from the reconstruction, the assessment may be appealed. Historically, the increase in value always exceeds the amount assessed. Colleen Hoover, 280 Bayberry Avenue Court, spoke in opposition to the assessment and the project in general. She questioned why the existing aggregate must be removed. Mr. Sanders responded that 3.5 inches was used 30 years ago. The road is not solid enough to do only mill and overlay. The 3.5 inches will be replaced with 4 inches to provide a better road surface. Prices and assessments will be adjusted in relation to the actual bids when they come in. Ms. Hoover noted the wear and tear on her street is most likely caused less by residential traffic and more by City vehicles clearing the streets in the winter. She argued that there will be no increase in value to her property and the proposed assessment does not pass the constitutional hurdle required to levee the assessment. Dean Hansen, 402 South Sixth Street, spoke in favor of the project and stated the repairs are needed. Scott Wille, 1302 Pine Street West, stated he is in favor of the project. He understands the point of view of those opposed, but feels roads need regular maintenance. Thad Rich, 232 Sherburne Street North, suggested that the City turn over the small portion of land between the street and the properties to the property owners. David Malchow, 129 William Street, asked what recourse the City has if the paving company does a poor job. Mr. Sanders stated the work has a one year warranty. Larry O’Connor, Larry’s Floor Covering, Commercial Street, asked if the sidewalks will be widened. Mr. Sanders stated sidewalks will not be widened on Commercial Street. City Council Meeting April 17, 2018 Page 9 of 13 Mayor Kozlowski closed the public hearing. Councilmember Weidner noted there was discussion about widening sidewalks on Commercial a few years ago. Mr. Sanders acknowledged there was discussion about widening sidewalks between Main and Second and making Commercial a one-way street but that was dropped due to opposition from property owners. If done in the future, there are ways to widen the sidewalk so it would not damage the new road surface. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2018-087, ordering improvement and preparing of Plans and Specifications for the 2018 Street Improvement Project (Project 2018-02). Ayes: Councilmembers Menikheim, Weidner, Polehna and Mayor Kozlowski Nays: None UNFINISHED BUSINESS St. Croix Valley Recreation Center Dome project financial background City Administrator McCarty stated that on April 3, 2018 the Council requested further financial information regarding the proposed St. Croix Valley Recreation Center improvements to replace the dome structure and turf, including enlarging the playing field and supporting structures to accommodate a regulation size soccer field. Cost estimates are approximately $5,000,000, including A&E fees, contingencies and construction costs. He presented a proposed funding breakdown. Payment of the debt service for the G.O. Revenue Bond would be from St. Croix Valley Recreation Center annual operating revenues in excess of annual operating expenses. The Rec Center has increased its fund balance (operating revenues in excess of operating expenses) by a gross average of approximately $371,000/year over the last five years. Annual debt service on a $2.25 million G.O. Revenue Bond over 15 years is estimated to be $190-210,000/year. Borrowing for the G.O. Revenue Bond would be included in the City’s anticipated 2018 bonding bill. Doug Brady, Stillwater Recreation Center Manager, asked the Council to approve the project so it can be completed this summer. The dome would come down around July 4 and go back up around October 15. Councilmember Polehna noted the Vadnais Heights dome collapsed recently. Mr. Brady stated the St. Croix Rec Center dome fabric was expected to last 16-18 years and is now 20 years old. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to allow the Recreation Center dome structure and turf replacement project to move forward. Ayes: Councilmembers Menikheim, Weidner, Polehna and Mayor Kozlowski Nays: None Possible approval of second reading of Ordinance 1104, an Ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by Rezoning Approximately Five Acres to RA, Single Family Residential (Case Number 2018-09 – Boutwell Farms) Community Development Director Turnblad stated that Kevin von Riedel, Boutwell Farms, LLC, has submitted a subdivision application and development plans for a 10 lot single- family subdivision at 12588 Boutwell Road. A request was also submitted to change the City Council Meeting April 17, 2018 Page 10 of 13 zoning of the property from AP, Agricultural Preservation to RA, Single Family Residential. The preliminary plat and first reading of the rezoning ordinance were approved on April 3. The developer is requesting the Council approve the second reading and adopt the rezoning ordinance. Staff recommends approval. Councilmember Weidner recused himself from the discussion and the vote. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Ordinance No. 1104, an Ordinance Amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately five acres to RA, Single Family Residential, Case No. 2018-09. Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None Abstain: Councilmember Weidner Possible approval to submit application for SAFER grant Fire Chief Glaser informed the Council that the U.S. Department of Homeland Security, Office of Domestic Preparedness is accepting applications for the Staffing for Adequate Fire and Emergency Response (SAFER) Grants. The purpose of this program is to award funding directly to fire agencies to hire additional firefighters to provide 24-hour staffing and enhance the department’s ability to meet minimum staff response standards. The program is designed as a cost sharing program spread out over a three-year period. The initial step in the grant application process is to receive approval from the governing body to move forward with the application. The application deadline is Friday, April 27. He noted that approving this request does not commit the City to entering into an agreement or accepting the grant. This request is strictly seeking permission for the fire department to move forward with the grant application process. Councilmember Weidner asked when the final staffing study will be done. He asked for confirmation that the request does not necessarily mean the Department would add staff. Chief Glaser responded that the Council has the authority to accept or decline the grant, if awarded. The recommendation from the staffing analysis was to apply for the grant and add three personnel. Councilmember Weidner asked if the grant is awarded, is it Chief Glaser’s expectation that the Department would add personnel, and Chief Glaser replied that would be his expectation. The Department is currently nine paid on call personnel short. He expects one to several full time retirements in the next three years. After the fourth year, it would be up to the City whether to maintain the staff funded by the grant, or let them go. Right now Department’s average retention for paid on call staff is a little over two years. Councilmember Weidner stated he does not want there to be a misunderstanding that if the City applies for a SAFER Grant, it implies an acknowledgement that the Department needs to add staff. Mayor Kozlowski asked if the final report on staffing needs could be done by the time the grant would be awarded in September. Chief Glaser responded that he believes so. City Council Meeting April 17, 2018 Page 11 of 13 Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2018-088, approval to apply for Staffing for Adequate Fire and Emergency Response (SAFER) Grant. Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: Councilmember Weidner NEW BUSINESS Discussion on City leases City Administrator McCarty provided a summary of properties owned by the City that are leased to various parties. He reviewed about ten leases or licenses that allow various parties to use City-owned property. Mayor Kozlowski asked for clarification about the Sunnyside license to use City property for their docks, and City Attorney Magnuson stated that their license allows them to place the docks in front of City property. Mayor Kozlowski asked if it is the same with Stillwater Yacht Club and P.D. Pappy’s; and City Attorney Magnuson explained the history of the license for P.D. Pappy’s patio which is on City property. The gangway to Mr. Malon’s gas dock is City owned property. Mr. Malon stated he believes he owns that property. Mr. Magnuson stated they will have to review the surveys. Councilmember Weidner stated his biggest questions have to do with whether the gas dock is on City property and whether P.D. Pappy’s patio is on City property, and if so, why P.D. Pappy’s is not paying market rate rent to the City. He would like to know about the insurance contracts that protect the City, and also, with regard to Sunnyside, where is the fair market value for that license for Sunnyside to lease or sell commercial docks to their benefit? He does not understand why they should be using City property for free. City Administrator McCarty suggested staff could bring back maps of the area indicating City owned property, along with the terminology of licenses or leases, timeframe for notice to parties if amended or renegotiated, and staff could also research what is a comparable market value lease rate. Request to change part-time building inspector position to full-time Community Development Director Turnblad stated that currently there are the equivalent of 2.5 permanent full time inspectors in the Building Division. However, the work load and building permit revenue justifies 3.0 full time equivalent (FTE) inspectors. Staff is requesting that the 0.5 FTE Inspector be increased to a 1.0 FTE Inspector as of April 30, 2018. The City Administrator and Community Development Director recommend approval. Councilmember Weidner asked if there is a standard for service delivery. Mr. Turnblad explained the standard turnaround times for various permits and for the amount of time inspectors should spend in the field and in the office use national ISO numbers. The amount of revenue generated by the department will cover the costs of the added staffing. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2018-089, approving position status request for Building Inspection Division. Ayes: Councilmembers Menikheim, Weidner, Polehna and Mayor Kozlowski City Council Meeting April 17, 2018 Page 12 of 13 Nays: None COMMUNICATIONS/REQUESTS There were no communications or requests. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT TO CLOSED SESSION TO CONSIDER OFFERS FOR THE PURCHASE OF REAL ESTATE, PURSUANT TO MINN. STAT. §13D.05 (121 CHESTNUT E) Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adjourn the meeting to closed session at 11:00 p.m. Ayes: Councilmembers Menikheim, Weidner, Polehna and Mayor Kozlowski Nays: None Ted Kozlowski, Mayor ATTEST: _________ J. Thomas McCarty, Acting City Clerk Resolution 2018-074, directing payment of bills Resolution 2018-075, approving findings of fact for the Bruggeman variance appeal denial Resolution 2018-076, Resolution approving the new On-sale (Monday-Saturday) and Consumption & Display Permit (Sundays Only) for the Loft of Studio J Resolution 2018-077, approving cooperative agreement between the City of Stillwater and Washington County for maintenance of County State Aid Highway (CSAH) 5 and CSAH 24 (County Contract 11382 and 11535) Resolution 2018-078, approving cooperative agreement between the City of Stillwater and Washington County for maintenance of traffic signal system at the intersection of County State Aid Highway (CSAH) 5 (County Contract 11383) Resolution 2018-079, approve No Parking along portions of Osgood Avenue (County State Aid Highway 24) from 62nd Street North to West Orleans Street (Project SAP 082-624-009,169- 020-008) Resolution 2018-080, approval of agreement with the East Metro Public Safety Training Facility Resolution 2018-081, resolution approving lease of dock space from St. Croix Boat & Packet Resolution 2018-082, establishing No Parking on Stillwater Boulevard/Olive Street (County State Aid Highway 5) from Willard Street to Deer Path Resolution 2018-083, resolution declaring a State of Emergency City Council Meeting April 17, 2018 Page 13 of 13 Resolution 2018-084, approval of entering into a Master Partnership Contract with the State of Minnesota Department of Transportation Resolution 2018-085, resolution calling for a Public Hearing and approving publication of a Notice of Public Hearing with respect to Host City approval of the issuance of revenue bonds by the City of Bethel under Minnesota Statutes, Chapter 462c Resolution 2018-086, ordering improvement and preparation of Plans & Specifications for the Third Street South Improvement Project (Project 2018-09) Resolution 2018-087, ordering improvement and preparing of Plans and Specifications for the 2018 Street Improvement Project (Project 2018-02) Resolution 2018-088, approval to apply for Staffing for Adequate Fire and Emergency Response (SAFER) Grant Resolution 2018-089, approving position status request for Building Inspection Division Ordinance No. 1104, an Ordinance Amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately five acres to RA, Single Family Residential, Case No. 2018-09 4/27/2018 1 Protects and restores pollinators for a healthy environment and to sustain the food supply. Photo: Laurie Schneider More than half our wild animals have disappeared in the last 40 years Photo: Sarah Foltz Jordan Photo: Minnesota Zoo Karner blue butterfly 4/27/2018 2 THE POLLINATORS Protect the Life that sustains us Photo credit: Sarah Foltz Jordan 4/27/2018 3 POLLINATOR FRIENDLY ALLIANCE Dear little bee, this could be our chance •Federal & State governments are lagging •Meanwhile bees and pollinators are disappearing: 50% losses of bees, 90% of monarchs are gone •People are concerned and care •It’s the right thing to do now and for the future Photo: Minnesota Zoo 4/27/2018 4 36 in Minnesota •36 In Minnesota: Shorewood, Stillwater, St. Louis Park, Andover, Minneapolis, South St. Paul, Maplewood, Mendota Heights, Stillwater Township, Eden Prairie, St. Paul, Scandia, Ramsey County, Ramsey County Parks, Washington County, White Bear Lake, Austin, School District 197, School District 6, Duluth, Excelsior, Chisago County, Mahtomedi, Winona, Eagan, Douglas County, Hennepin County, West St. Paul, St. Louis County, White Bear Township, Maccalester College, Dakota Co Soil & Water, Faribault, Ham Lake, Fridley.State of Minnesota first to issue Executive Order in 2016, 4/27/2018 5 4/27/2018 6 POLLINATOR GARDEN HABITAT POLLINATOR GARDEN HABITATPOLLINATORS LANDING at Mulberry Creek 4/27/2018 7 We need your help To educate and inspire 4/27/2018 8 PROTECT POLLINATOR SUMMITS LEARN . PROTECT . UNITE St. Croix Sands Collabo rative Tickets: www.pollinatorfriendly.org & www.pollinatemn.org LEARN. PROTECT. UNITE POLLINATOR BEST PRACTICES SUMMIT 4/27/2018 9 Washington County Pollinator Consortium 4/27/2018 10 St. Croix River Bluffs Regional Park POLLINATOR RESEARCH: Overwintering Mortality University of Minnesota –and‐Washington County Parks 4/27/2018 11 POLLINATOR PROTECTED AREAS MAPPING Board of Water & Soil Resources St. Croix River Flyway MONARCH CORRIDOR US Fish & Wildlife, Conservation District, private companies, government agencies, NGO’s like PFA 4/27/2018 12 September 8, 2018, Saturday Butterfly Convergence Pollinators Landing at Mulberry Creek Butterfly Convergence at POLLINATORS LANDING September 8, 2018 www.pollinatorfriendly.org Thank you! 100% volunteer driven We are working for you! 1 Diane Ward Subject:FW: Bike to School Day, May 9th, 2018 Tom, Here is an update on our groups (Friends of Stillwater Trails) effort to advance Stillwater toward Bicycle Friendly Community status. Since our last conversation, we have been busy planning events for this springs Safe Routes to School Day taking place on May 9th. We have met with and will be coordinating efforts with PowerUp. PowerUp is an initiative in partnership with Stillwater Medical Group and Health Partners to make it easy, fun and popular for kids to eat better and move more. We have met with the Principal and staff members at Lily Lake Elementary School to begin the planning of our inaugural year. We are planning an event at the school on Friday May 4th that will include a bike rodeo, where we will aide in teaching biking skills to 4th graders. This will be followed up with the Bike to School Day event on Wednesday May 9th. We have also been in contact with Brad Junker, the Community Service Officer, the Stillwater High School Mountain Bike Team and the Chilkoot Bike Team to coordinate additional efforts for the two scheduled events. We are excited about the possibility of a presence from the Police Department for both events. There will be opportunities for education on safe riding and enforcement at the Rodeo on the 4th. There will also be opportunities for Police officers to help during the Bike to School Day on May 9th. We understand these may be voluntary activities for the officers, but would appreciate their involvement to illustrate safe route methods, increase community outreach and celebrate an active lifestyle. Of course we would extend the invite for involvement to the Council and City Staff. We would be happy to update the Council at the next meeting if you think that would be appropriate and helpful. Obviously there are numerous other elements to the events that we would like to share with you. As mentioned previously, we see this years activities as a trial run that we will build on next year and expand to more schools in the future. We are hoping there would be the possibility of a Resolution of Support from the City for Bike to School Day and the Safe Routes to School program, ideally read at the May 1st Council meeting prior to the May 4th event. We feel this is an important step in creating a strong biking culture in our community. Please let us know if you have any questions or have an interest in being involved with the events. Sincerely, Rick Heidick Evie Zeruhn John Siekmeier Roger Tomten members of Friends of Stillwater Trails and Sustainable Stillwater Roger Tomten 651.303.3275 EXHIBIT "A" TO RESOLUTION #2018-090 Page 1 LIST OF BILLS 3D Specialties Inc. Ped crossing 7x7 stop 1,634.33 Advance Auto Parts Equipment repair supplies 787.44 Advanced Sportswear Uniforms 546 .00 Amdahl Locksmith Inc Chris Keys cut 13.75 American Planning Association Membership 414.00 Aspen Mills Uniforms 3,909 .63 AutoNation Vehicle repairs 119.21 Batteries Plus Bulbs Batteries 162.40 BHE Community Solar Solar Garden 5,805.25 Boyer Trucks Equipment repair supplies 878.70 Brownells Inc Supplies 685.67 Cardinal Tracking Inc Envelopes 714.24 Carte Graph Systems Inc. Cartelite Renewal 13,432.87 Century Link Telephone 84.02 Cintas Corporation Mat & uniform cleaning service 412.47 Clog Un-Boggier Inc. Sewer line repair 750 .00 Comcast Internet 134.90 David Hardware Inc Equipment repair supplies 110.00 ECM Publishers Publications 227 .10 Emergency Automotive iPad case/docking stations 598.93 Emergency Medical Products Supplies 194.07 Emergency Serv Consulting Inc. Consulting 5,351.00 FleetPride Vehicle repair supplies 116.17 Flexible Pipe Tool Co. Supplies 219 .65 Galls LLC Uniforms -Gannaway 83 .06 Goodyear Commercial Tire Tires 1,322 .05 H&L Mesabi Equipment repair supplies 462.80 Heikes Tree Service Haul pallets 1,000.00 Heritage Printing Inc. Utility billing forms 984 .50 Hotsy Equipment of Minnesota Equipment repair supplies 460 .65 ICMA Membership 1,195 .00 International Code Council Code 111.00 Kath Companies Equipment 1,674.08 Lappi Larry Refund of Escrow 500.00 Lynn Peavy Company Evidence supplies 403 .50 Mansfield Oil Company Fuel 8,643.92 Marshall Electric Company Council chamber lighting 8,646 .00 McAlpine Linda Park Fee Refund 85 .00 Menards Supplies 641 .91 Metropolitan Council Permit fee 425.00 Metropolitan Mechanical Contractors Maintenance agreement 2,162 .00 MHSRC/Range Class fee 525.00 Minnesota UI Fund Unemployment Bene 474 .65 Mitchell Thomas & Paula Utility billing refund 424.10 MnFIAM Book Store Training supplies 330.00 EXHIBIT "A" TO RESOLUTION #2018-090 Page 2 Municipal Emergency Services Equipment 11,538.47 NAPA Auto Parts Battery 253.99 National Fire Protection Association Membership 175.00 Newman Signs Protective overlay film 882.00 Office Depot Office supplies 53.12 Olsen Chain & Cable Inc. Lever hoist 273.17 O'Reilly Auto Parts Equipment repair supplies 70.39 Otis Elevator Company Elevator Contract 5,230.32 Oxygen Service Company Inc. Oxygen 210.78 Pioske Shawn Refund ramp did not make change 4 .00 Post Board Membership 90.00 Quill Corporation Paper 83.96 RDO EQUIPMENT CO. Equipment repair supplies 79.95 Regions Hospital Narcan nasal spray 90.00 Robole Donna Reimburse for mileage 22.89 Safe Fast Inc Calibration service 156.50 Shilts Cindy Reimburse for expenses 97.28 Simplifile LC Recording fees 300.00 Sky's the Limit Consulting Energy Bus wellness program 200.00 Spartan Promotional Group No parking orders 431.98 St. Croix Boat and Packet Co. Dock Space Lease 3,476.67 Steve Olin Construction Frame walls over concrete in basement 3,375.00 Stillwater Collision and Mechanical Vehicle repairs 8,368 .21 Stillwater Motor Company Vehicle repair 734.31 Stillwater Rotary Club Membership 190.00 Streichers Uniforms 84.03 T.A. Schifsky and Sons Aggregate 941.12 Telemetry and Process Controls Professional services 513.50 Tessman Seed Co . St. Paul Field supplies 3,591.04 TKDA Marylane project 2,248.93 TKK Electronics LLC Emergency vehicle mobile data computers 14,174.10 Tri-State Bobcat Bobcat Skid Steer 50,594.00 Universal Truck Equipment Rear wing assembly 5,409.00 USAble Life Term Life Insurance 458.40 Verizon Wireless Wireless service 2,754.93 Vrambout Roland Utility billing refund 87.25 Walmart Community Supplies 117.51 Washington County License Center Forfeiture 21.75 Washington County Recorder Assessing Service Fee 109,020.56 Washington County Road & Bridge Traffic services 75.50 Wenck Construction Police project 1,916.83 WSB & Associates Inc. Professional services 11,932 .00 CREDIT CARDS Amazon .com Supplies 857.92 Hamline University Seminar 50.00 EXHIBIT "A" TO RESOLUTION #2018-090 Page 3 MBFTE Firefighter licensing 100.00 MN Government Finance Officers Membership 50 .00 Pier B Resort Hotel 121.08 Wal mart.com Supplies 42 .72 Wayfair Table for Council Chambers 137.99 REC CENTER Cintas Corporation Mat cleaning service 103.00 Heritage Printing Inc . Printing 1,268.35 Winnick Supply Repair materials 581.05 LIBRARY 1000 Bulbs .com Lighting 63.44 Baker and Taylor Materials 45.08 Brodart Co Materials 3,590.61 Master Mechanical Inc. Building Repairs 2,432.11 Minnesota UI Fund Unemployment Compensation 311.00 Office of MN IT Services Telephone 138.50 Paper Roll Products General Supplies 176.11 Penguin Random House Inc. Materials 20 .00 Stillwater Medical Group Drug Screening 83 .00 Textile Center Programs 650 .00 Toshiba Business Solutions Maintenance Contract 75 .27 Washington County Library Ql 2018 Pmt Collections 267.80 LIBRARY CREDIT CARD Amazon.com Programming 16.76 American Library Association Bookmarks 48.00 Lakeshore Learning Materials Minor Equipment 192.64 APRIL MANUALS Century Link Phone service 318.06 Comcast Internet & voice 398 .78 Costar Realty Information Property Professional 376.83 Postmaster Utility Billing & Newsletter Postage 4,636.05 Service on a Shoestring Recycling Coordinator services 10,596 .00 Xcel Energy Energy 16,187 .06 DATE: April 27, 2018 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: 2018 North Star Grand Prix Bike Race Attached is the special event application, contract and temporary liquor license for the 2018 North Star Grand Prix Bike Race. The event has not changed from last year. This event was presented to the Parking Commission on April 19, 2018 and they recommend the following: As in past years, the organizers of the event are requesting the City to close each street in the course and reserve two parking lots for their exclusive use. From the Downtown Parking Commission’s point of view, the request is to reserve all of the on-street parking along the course and to reserve Parking Lots 16 (Olive St Lot) and 17 (Teddy Bear Park Lot). Parking Lot Reservations Lot 16 would be used for the Festival Expo. The expo will include a number of vendors offering bicycles, bicycle accessories, fitness equipment, food and booths for festival sponsors. Portable restrooms will also be located in this lot. The City’s 2017 fee schedule sets a price of $3 per space per day in this lot. Since all 47 spaces would be reserved, the total fee for the lot would be $141. Lot 17 would be the location of the “pit” for race participant bike repairs. It will also function as a base of operations for the event organizers. So, all 97 spots are requested to be reserved. As with Lot 16, the fee for this lot is $3 per space for the day. The total fee for this lot would therefore be $291. On-street Parking The race requires closure of the course streets. (See attached map.) Closed portions of both Second and Third Streets are in the Downtown Parking District and the City charges for reserving the on-street parking spots. Second Street up to the foot of Chilkoot Hill is considered part of the Downtown Parking District. It has marked on-street spots. Third Street up to Pine Street is considered part of the downtown parking system as well. But, its parking spaces are unmarked. The total number of on-street spaces is 79 (51 un-marked and 28 marked). The fee for each reserved on-street parking spot is $3 for the day. The total would be $237. For the past several years, the Parking Commission recommended charging only for the 28 marked spots on Second Street. Staff recommends the same for this year, which would be a fee of $84 for on-street parking. Downtown Parking recommends approving the request to reserve the lots and on- street parking, and recommends charging the standard fee of $516 for the use of the two lots and the marked on-street parking. Marketing of Parking Ramp The Commission also recommends a condition that their marketing materials must include a note that parking for the event is available at the municipal parking ramp. OTHER ITEMS THAT ARE NEEDED FOR THE EVENT ARE: Teddy Bear Park Building The 2nd floor is used for testing of bicyclists the cost for the use is $130.00 Temporary Liquor License & Consumption Permit The applicant has applied and paid for a Temporary Liquor License for their VIP tent (needed whether selling or just serving) and should be part of the approval of the event. When alcohol is present for event, it is required that an officer (not their security) be present to monitor the alcohol operation. To consume alcohol on public property requires a Consumption Permit as well. Liquor liability should be included on their insurance as well. Approval from Other Entities The applicant will need approval from Washington County (3rd Street) and must provide a copy of that approval to the City at the same time the required insurance for the event. ACTION REQUIRED: Review event and contract and if Council wishes to approve the event and contract they should pass a motion adopting a resolution entitled “APPROVING 2018 SPECIAL EVENT AND CONTRACT FOR THE NORTH STAR GRAND PRIX” as well as the Temporary Liquor License for the Event, subject to coordination of the event with the City’s police, fire and public works to meet the City’s requirements. RESOLUTION 2018-092 APPROVING 2018 SPECIAL EVENT AND CONTRACT NORTH STAR GRAND PRIX BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the 2018 North Star Grand Prix Special Event and Contract, between the Minnesota Bicycle Festivals, Inc. and the City of Stillwater is hereby approved, subject to coordination of the event with the City’s police, fire, and public works to meet the City’s requirements, approvals from other governmental agencies and entities, and authorizes the Mayor and City Clerk to sign the contract. Adopted by the City Council of the City of Stillwater this 1st day of May, 2018. Ted Kozlowski, Mayor ATTEST: ____________________________________________ Diane F. Ward, City Clerk Page 4 of 9 2018 NORTH STAR GRAND PRIX STILLWATER BICYCLE RACE THIS AGREEMENT (the “Agreement”) is made this __________day of May 2018 by and between the CITY OF STILLWATER, Washington County, Minnesota (the “City”), and the MINNESOTA BICYCLE FESTIVALS, INC., a Minnesota nonprofit corporation (the “Festival”). WHEREAS, in light of the foregoing, the Festival wishes and the City will permit the Festival to organize and conduct bicycle races in the City on June 17, 2018 (collectively, the “Races”) as part of the North Star Grand Prix in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Festival agree as follows: 1. Authorization. The City will permit the Festival to organize and conduct the Races in the City on June 17, 2017. 2. Race Set-up. The City will permit the Festival to set up for the Races on June 17, 2018 3. The Races. The Races may consist of up to but no more than four bicycle races: a pro and/or elite amateur men’s race, a pro and/or elite amateur women’s race, an advanced amateurs’ race, and a race for children. Substantial changes in the format and duration of the Races will not be made by the Festival at any time without advanced notice to the City and or Event Coordinator. 4. Course for the Races. The course for the Races (the “Course”) will begin at or near the intersection of Chestnut Street West and 2nd Street East in the City (all locations specified in this paragraph are in the City). Participants will travel south on 2nd Street South to Pine Street East, take Pine Street East to Broadway Street South, head south on Broadway Street South to Churchill Street East, they will turn west and continue on Churchill Street East to 1st Street South. Participants will then travel north on 1st Street South to Willard Street East, veer West on Willard Street East to 2nd Street South, then go north on 2nd Street South until they reach Pine Street East. Participants will head west on Pine Street East, then turn north on 3 rd Street South. They will go north on 3rd Street South until Chestnut Street East, where they will turn east until they reach 2nd Street East. Minor changes in the location of the start and finish line of the Races on the Course will be determined in the Festival’s sole discretion. However, substantial and significant changes may not be made without advanced notice to the City. 5. Closing of the Course. The Festival may, as it deems necessary, place and leave materials used to close the Course (e.g., barricades, traffic cones) on the Course on June 17, 2018. The Festival will re-open the Course to traffic as soon after the completion of the Races as it deems safe for participants and spectators. 6. Teddy Bear Park Building. The Festival may use the 2nd floor of the Teddy Bear Park Building for cyclist testing. The building code is 2153 and gives the organizer access to the building from 10:30 am to 4:30 pm. The Organizer is responsible for the closing and locking of the 2 nd floor after the event. 7. Trash Enclosures. Lessee shall furnish trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Festival or obtain trash receptacles from the City at an Page 5 of 9 additional cost. Lessee shall make certain that all trash is picked up during and after each Event. Lessee shall remove any excessive garbage that does not fit within the receptacles and disposed in an off-site trash dumpster. The City reserves the right to require additional receptacles should the Lessee not remove excess garbage from the Festival. 8. Portable Toilets. The Festival will provide portable toilets for participants and spectators to use on June 17, 2018. 9. Traffic Signs. Advance warning signs for County Roads (3rd St) must be in place 1 week in advance and City roads in place Friday before event. 10. Traffic Signs, Trash/Trash Receptacles & Portable Toilets Removal. All traffic signs, trash/trash receptacles, portable toilets must be removed by 3:30 p.m. Monday, June 18, 2018. Any remaining after such time will be removed by City and all labor and storage fees will be paid for by the Festival Organization. 11. Use of Parking Lots. The Festival is aware and will inform all vendors and Festival participants that staking into the asphalt for tents, etc. is not allowed (any damage repair will be paid for by the Festival Organization). The Festival is given use of the parking lot at 2nd and Nelson Streets and 2nd & Olive Streets. 12. Team Trailers. Team trailers cannot be parked on any street in Stillwater. 13. Parking Control. To ensure that Downtown businesses retain parking availability for their customers during the Races, the City will close the City parking lot located immediately west of 2nd Street South, north of Olive Street East and south of Chestnut Street East on June 17, 2018 for use by the Race. 14. No Parking signs. The Organizer may contact the Stillwater Police Department to arrange rental of materials and will be charged according to the City of Stillwater Event permit fee schedule (2017 Fee Schedule). Organizer will be responsible for any overtime costs to place and remove No Parking signs for the event. The City will also post and enforce signs prohibiting parking on all streets that make up the Course between 8:00 am and 4:00 pm, or until the Course re-opens, on June 17, 2018. The Race will promote parking inside the Course by Race participants, volunteers, officials, organizers and anyone traveling to Stillwater for the Races by including a parking map and parking information in its promotional literature for the Races. 15. Traffic Control. The Course, including all intersections on the Course, will be closed to traffic during the Races. Prior to the Races, the Festival will make its best efforts to ensure that the closure of the Course, including all intersections on the Course, poses the least disruption possible under the circumstances to residents who live on or within the Course perimeter. The Festival will also make every effort to minimize the involuntary towing of vehicles because of the Race. The Festival will negotiate a road closure plan with the City’s Chief of Police. 16. Event/Alcohol. The Organization has been granted authority to dispense intoxicating Liquor at the VIP Tent/Beer Garden. It is the purpose of this Agreement to set forth the terms and conditions that will control the dispensing of Liquor at the Event. a. The Area. The area where dispensing of Liquor will be permitted in a contained area as advised by the Police Department. Page 6 of 9 b. Fencing. The Area must be securely fenced by the Organization. The fencing must be double bike fencing to insure that alcohol service and consumption remain inside the fence. A breach of the fence is grounds for the Police Chief to terminate all alcohol sales/service in the area. The adequacy of exiting in the fence must comply with the Minnesota Code as administered by the City Fire Chief. c. Security. For the purpose of this plan, all Entry/Exit gates to the Area must be controlled by police personnel while alcohol is being served. At each of these entry/exit points, a paid professional police personnel must be in place to insure that no beer or liquor enters or leaves the Area. d. Types. No Liquor is allowed in the Area except that Liquor which is sold or disbursed by the Organization or its hired catering staff. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. e. Signs. Signage will be prominently displayed at each entry/exit point the number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the Area, as well as prohibition against participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. f. Identification. The Organization will provide at no charge liquor identification bracelets to all persons in the VIP/Beer Garden. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. g. Compliance. The Organization shall obtain a temporary liquor license for and also obtain an alcohol consumption permit for the same days with respective fees paid to the City. Prior to opening date of the event, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under- age consumer, sales after hours, over-serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Event. h. Inspection. The Organization acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43-8, which authorizes that all premises from which intoxicating Liquor is offered at on-sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. i. Liquor Liability Insurance. The Organization agrees to provide the City an insurance certificate for Liquor Liability during the event by June 8, 2018. 17. Emergency Plan. The Race emergency plan will be designed by Organizer with the assistance of National Race experts and Lakeview Hospital Emergency Services. This plan must be received and approved by the City no later than June 8, 2018. Further, Organizer will retain a Page 7 of 9 qualified medical doctor (MD) with expertise regarding Races to review and approve the life safety aspects of the Emergency Plan. 18. The City reserves the right to review and approve the MD so selected, and Organizer must provide proof to the City by June 8, 2018, that the MD so selected has been retained for this purpose. Organizer agrees to authorize the MD to cancel the Race as required to protect the health and safety of the Race participants. 19. Other Agencies. Organizer is responsible for obtaining all agreements and permits with outside agencies (e.g. MnDOT, MN State Patrol, Washington County, MN Department of Natural Resources, Lakeview EMS, and any other agencies requiring permits for the race) and must submit copies of permits to the City from other agencies by June 8, 2018. 20. Contact Information. Organizer shall provide updated accurate phone numbers and specific details on who and what dictates weather cancellations or delays 21. Participant Count. Organizer shall provide Public Safety and EMS accurate participant numbers no later than June 8, 2018. 22. Public Safety Requirements. The organizer agrees that City has the right to increase the requirements to public safety resources based on participant numbers, threats, or weather conditions and any associated City costs will be paid for by the Organizer. 23. Required Information, Meetings, and Documentation. Organizer agrees that failure to provide required information and documents to the City is just cause for the City Council to terminate the agreement and cancel all races. 24. Insurance, Hold Harmless, and Indemnity. The Festival agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Festival also agrees to provide to the City evidence of insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Festival that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy “as their interest may appear.” Insurance Certificate must be received by the City no later than June 8, 2018 before the Race. The insurance protection will have the following limits: A. $1,500,000 for any number of claims arising out of a single occurrence, and to name the city as an additional insured “as their interests may appear.” B. Comprehensive Automobile Liability: (1) Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence (2) Property Damage: $100,000 Each Occurrence C. Worker’s Compensation Coverage. Page 8 of 9 25. Public Information. The Festival will make every reasonable effort to notify property owners and businesses that are on or within the perimeter of the Course of any restrictions that might be placed upon their movements during the Races, including, but not limited to, distributing notices to each such residence or business no later than two weeks before the race. 26. Police Power. The City reserves the right to shut down the Races in the event the Chief of Police determines that the public safety is threatened, or the health or safety of participants is threatened because of weather, temperatures, or any unforeseen cause that threatens the public health or safety or if closure is directed by the Medical Doctor designated by the Race in the Emergency Plan. 27. City Costs. The Festival will provide the City a base deposit in the amount of $1,500 for costs incurred by the City Police Department, Public Works Department, or Fire Department to safely conduct the Races and be invoiced actual costs. The Festival will provide the deposit with the City no later than June 8, 2018. 28. Marketing Materials. The organizer agrees that their marketing materials must include a note that parking for the event is available at the municipal parking ramp. 29. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 30. The Organizer hereby agrees to follow the City’s Special Event Policy. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: _____________________________________________________ Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of May, 2018, by Ted Kozlowski, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public Page 9 of 9 MINNESOTA BICYCLE FESTIVALS, INC. A Minnesota Nonprofit Corporation By Print Name: _____________ ____________ Its STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of May, 2018, by _____________________, the _______________________________________, the duly authorized agent for MINNESOTA BICYCLE FESTIVALS, INC., a Minnesota nonprofit corporation. Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No D Yes 181 Number and size: Will there be any inflatables? No IX! Yes D Insurance certificate from rental vendor is required Will there be entertainment? No l&I Yes D What type: Fees for electricity may apply see Instructions Will sound amplification be used? No D Yes l&I Hours and Type: Will a stage or tent{s) be set up? No D Yes I&) Dimens ions: Will there be temporary fencing? No D Yes l&I Will merchandise/food items be sold? No D Yes l&I How many 20 Fees for electricity may vendors expected: apply see Instructions Will food be prepared on site? No D Yes I&) Contact Washington County Health Department, 651--430-6655 Will cooking operations be conducted? No D Yes l&I Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No D Yes 181 See Alcohol Regulations in the Instructions Will alcohol be sold? No ~ Yes D See Alcohol Regulations in the Instructions Will there be a fireworks display? No ~ Yes 0 Permit required, contact Stillwater Fire Department, 651-351--4950 Describe power needs and location of power source. None Needed Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available National and local coverage of the event on all days. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No D Yes l&I Start/End Time: 8:00am 5:00pm Date: July 17, 2017 City Sidewalks or Trails No 0 Yes I&) Start/End Time: 8:00am 5:00pm Date: July 17, 2017 Public Parking Lots or Spaces No D Yes ~ Start/End Time : 8:00am 5:00pm Date: July 17,2017 Will event need barricade(s)? No I&) Yes 0 Number needed: Fees may apply see Instructions Will extra picnic tables be needed? No l&I Yes 0 Number needed : Fees may apply see Instructions Stillwater Criterium Sunday June 17, 2018 Arrivals: Race Day Events HQ RV: 7:00am ECS: 7:00am Equipment Truck 7:00am ExpoTruck 7:00am Straw Bale Truck 7:00am Team Meeting: 7:15am Radios Ready 7:30am Ten Speed: 8:00am All Streets close 9:00am Expo Opens 10:00am Amateur races 10:00am Pro Women 11:45am Kids Race 12:45pm Pro Men 1:30pm Racing concludes 3:00pm Parking (from Hwy 36 south of the city): Parking is tight in the City – please park According to plans to allow spectators Places to park: Park in CUB HQ lot at the • Left on Myrtle • Left on 3rd • 2 ½ blocks on left before Pine St *Left into Brick Building lot *Walk to start area *New Ramp at Myrtle and 2nd Stillwater Criterium – Operations Plan 6:45am Venue Director arrives – secures area – takes inventory Lee Stylos HQ RV, Equipment, Expo, Fence, Straw Trucks arrive Drop minimal fence to close 2nd from Chestnut to Olive Brian 7:00am Volunteer Tent Setup Bob, 7:15am Team meeting @ RV – 10 minutes Brendon 7:30am Setup Volunteers Ready Bob Drop Truss at Finish – assemble Brian, Craig Drop fence on “top” section of course Brian, Craig Expo Equipment unloaded Corey, Stacy 8:00am NO PARKING enforced on course and Expo Lot City of Stillwater CHILLKOOT HILL CLOSED TO TRAFFIC – top and bottom Lee, Brian Stage Arrives – place and setup – close Olive at 3rd and 95 Jay Baumeister 8:30am Drop fence along Chestnut – leave Chestnut open Brian Drop fence along 2nd to bottom of hill Brian Deliver banners and snow fencing to locations Crew 9:00am CLOSE 2nd from Chestnut to bottom of Chilkoot Lee, Paul Bannering Begins – Chestnut and 2nd – keep traffic going Crew Top of Hill construction complete Craig Amateur Registration Open Todd 9:00am Full Course Closure Begins – Chestnut and 3rd St - LAST Lee, Paul Type 3 barricades all in place Lee, Crew Medical Tent Open Lance 10:15am Course Marshals arrive – explanation of duties & send to posts Jerry C 10:30am Course Complete - paint if necessary Brendon Expo Open Stacy 10:00am Amateur Women’s race – 10 laps Todd 10:45am Amateur Men’s race- 10 laps Todd 11:45am Pro Women’s Race Brendon 12:45pm Kids Race - Myrtle to Nelson – open Chestnut/2nd Corner Todd 1:30pm Pro Men’s Race – 70 minutes Brendon 2:40pm Racing Complete – Open top of course to traffic – including 3rd Street Teardown Finish – keep top of hill closed to traffic Remove Banners on Chestnut 3:00pm Tear Down Start Area Following Awards Ceremony Open Chestnut as Fencing is put on Truck – Police assistance Brian KEEP 2nd closed until all equipment picked up – remove all barricades Lee and Crew Stillwater Criterium - Emergency Response Plans Baseline:  Stillwater PD – onsite as in past – approx. 4 officers  Stillwater FD – EMT’s to be onsite at 2nd and Chestnut  TRIA Orthopedics – Medical doctors onsite to support race o Primary function – respond to medical needs of NVGP racers o TRIA and HCMC may respond to crowd medical issues in event of emergency Communications:  Minnesota Bicycle Festivals o All key personnel to have handheld radios o Race Director Brendon Hale 812-327-1776 o Medical Jay Pereira, MD 617-990-4324  Stillwater Authorities o Venue Director Lee Stylos 651-343-5181 o Police Capt. Meredith 651-325-1729 o Medical – Fire Stu Glaser 651-351-4970 o Towing Stillwater Towing 651-439-5744 o Streets Shawn Sanders 651-430-4100 o Block Party Myron Reubendale 651-430-9184 o Highway Technologies – Jamie Ptacek 612-290-3247  MBF can supply handheld radios to above contacts as requested.  Communications to be through activity specific persons – Race Director to communicate if needed Emergency Plans:  Emergency event occurs: o Stillwater authority to inform MBF personnel o MBF personnel to inform Race Director o Race Director to communicate with race officials to stop race if necessary  Stopping Race – approximately 3 minutes  Race Stop – vehicle on course, major race crash, emergency needs  Natural Events – communicated over Stage PA o Rain – does not constitute need for race stoppage o Thunderstorms – race to be stopped upon lightning – Armory, Parking Ramp, Local Stores o Tornados – race to be stopped upon Tornado Warning – Armory, Parking Ramp, Local Stores o Heat – water available to racers and spectators (limited) – street vendors and restaurants in area  Other Events – threats – catastrophic o Race Director talks with Authorities directly o Race Stoppage – event dependent – discuss with Authorities Stillwater Criterium – Expo Map Deliver to lot across from US Bank on 2nd between Chestnut and Olive: 6- Portable Delineators 40- Sandbags 4- Road Closed Ahead 19- T3 Barricades 3- Detour Right/ Strut 2- Detour Left/ Strut 1- Double Arrow 1- Detour Right /T3 1- Detour Left /T3 18- Road Closed 1- Road Closed TTT 6- Portable Delineators 40- Sandbags 2- TRWBC / in place Friday Deliver all equipment in place on Friday. Pick up on Monday. Customer and Police to set Detour Route Race Route Bringing 80 sandbags from Mankato which were from Mpls Pick up 120 sandbags THIS ROAD WILL BE CLOSED XX/XX 9AM-3PM Date: April 27, 2018 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: New Tobacco License – Fog E-Cig DISCUSSION: An application for a new tobacco license has been received from Mohammad Anas Almasameh for Fog E- Cig Stillwater, LLC; DBA: Fog E-Cig to be located at 1300 Frontage Road W (Valley Ridge Mall). RECOMMENDATION: Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, and Finance Departments. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled “APPROVING NEW TOBACCO LICENSE FOR FOG E-CIG STILLWATER, LLC, DBA: FOG E-CIG” contingent upon the satisfactory investigation, inspections, from Police, Fire, Building, and Finance Departments RESOLUTION 2018-093 APPROVING NEW TOBACCO LICENSE TO FOG E-CIG STILLWATER, LLC, DBA: FOG E-CIG WHEREAS, a request has been received from Mohammad Anas Almasameh for a new tobacco license for 1300 Frontage Road W (Valley Ridge); and WHEREAS, approval is contingent upon fulfilling all requirements to hold a Tobacco license, the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, and Finance Departments. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of the tobacco license for Fog E-Cig Stillwater, LLC, DBA: Fog E-Cig at 1300 Frontage Road W, Stillwater, MN. Adopted by Council this 1st day of May, 2018. _____________________________ Ted Kozlowski, Mayor Attest: _______________________________ Diane F. Ward, City Clerk RESOLUTION 2018-094 APPROVING LICENSE AGREEMENT WITH ILHC OF STILLWATER (LAKES AT STILLWATER) WHEREAS, an agreement to cross public right-of way to install and maintain a private fiber optic line in City of Stillwater has been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA that the license agreement presented to Council and on file with the office of the City Clerk is hereby approved and authorizes the Mayor and City Clerk to execute said agreement. Adopted by the City Council this 1st day of May 2018. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk Underground Cabling serving the Facilities located on both sides of Bridgewater Way (the "License"). 2. Construction, Restoration, Maintenance and Repair. Notwithstanding the timing of construction of the Facilities, the Parties acknowledge that ILHC may exercise its rights under this Agreement at any time and from time to time. As such time as ILHC desires to utilize the License, ILHC will provide City with drawings, plans, and specifications, reasonably detailing the location of the data cabling to be installed (the "Plans"). City shall review the Plans and provide its response thereto within ten (10) business days. After City has approved the Plans, ILHC shall, at its sole cost and expense, complete all improvements necessary or appropriate in connection with the Underground Cabling. ILHC will be responsible for any and all excavation, cabling and conduit installation, roadway reconstruction/resurfacing, cleaning, and restoration of Bridgewater Way that are necessary to restore Bridgewater Way to a safe and useable condition as a public right-of-way after utilizing the License and installation of the Underground Cabling (the "Restoration Obligations"). ILHC shall be solely responsible for ordinary maintenance, repair and replacement of the Underground Cabling. In no event will ILHC be responsible for the routine maintenance, repair and/or replacement of Bridgewater Way and City shall be solely responsible therefor. 3. Disputes regarding Restoration Obligations. If City reasonably believes that ILHC is not properly performing its Restoration Obligations under this Agreement, City may notify ILHC in writing of such failure by specifying the nature and extent of any such deficiency. ILHC shall, within thirty (30) days after receipt of such notice, either correct the deficiency or advise City in writing as to why it is not willing to perform. If ILHC fails to do the restoration work or respond within such thirty (30) day period, then City is authorized to have such work completed at ILHC's cost. 4. Non-Obstruction, Non-Disturbance. ILHC and City, their respective heirs, successors and assigns, shall not, in the exercise of their respective rights and/or the performance of their respective obligations under this Agreement, obstruct, block or otherwise interfere with the reasonable use of the License granted herein by the other Party or their respective heirs, successors, assigns, tenants, invitees and licensees. 5. Default and Remedies. If either Party defaults in any obligation under this Agreement and fails within 3 0 days after receipt of written notice ( or without notice in the event of an emergency) of such default to commence such action as is necessary to cure such default and to proceed diligently thereafter to cure such default, any non-defaulting Party may, in addition to any remedies provided herein, enforce the obligations of the defaulting Party by an action at law or suit in equity, including an action for specific performance. 6. Notice. All notices, communications, demands and requests permitted or required to be given under this Agreement shall be in writing and shall be deemed to be given when personally delivered, when delivered to a reliable and recognized overnight courier or messenger service which provides receipts of delivery, or when deposited in the United States mail in a sealed envelope with registered or certified mail postage prepaid thereon, to the address set forth above or to such other address as set forth in a notice given in accordance with this Section. Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; 4816-4 723-2592\2 2 provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one (1) business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change 10 days prior to the effective date of such change. 7. Termination or Amendment of License. The License declared, granted, and established herein is permanent in nature and may be terminated or amended only by an agreement in writing signed by the Parties or their successors and assigns. 8. Successors and Assigns. This Agreement shall be binding on and benefit the parties hereto and their respective heirs, successors and assigns. 9. No Third-Party Beneficiaries. Except as expressly provided in this Agreement, no rights or privileges hereunder shall inure to the benefit of any third party, nor shall any third party be deemed a beneficiary of any other provisions contained herein. 10. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nonetheless continue in full force without being impaired or invalidated in any way. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota, without regard to its conflicts of laws principles. 12. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one agreement. The signature of any party to any counterpart shall be deemed to be a signature to, and may be appended to, any other counterpart. [The balance of this page intentionally left blank, signatures to follow.] 4816-4 723-2592\2 3 IN WITNESS WHEREOF, the Parties hereto have executed this License Agreement on the day and year first set forth above. DATED: 2018 _______ _, DATED: , 2018 -------- ILHC: ILHC of Stillwater, LLC, a Delaware limited liability company By ____________ ~ Its ------------- CITY: City of Stillwater, Minnesota, a municipal corporation under the laws of the State of Minnesota By ~~~~~~~~~~~ Its ------------- [SIGNATURE PAGE TO LICENSE AGREEMENT] 4816-4 723-259212 S-1 RESOLUTION 2018-095 A RESOLUTION APPROVING A SINGLE TAXING DISTRICT FOR A LOT COMBINATION WHEREAS, the City and Town of Stillwater approved an Orderly Annexation Agreement (the "Agreement") in August of 1996, and one aspect of that Agreement was that special Rural Taxing Districts were established to ease the real estate tax burden of newly annexed property by allowing the inclusion of the newly annexed property in separate Rural Taxing Districts based upon the level on municipal services the parcels enjoyed, and; WHEREAS, the Agreement provided that once the parcels were subdivided and provided with municipal sewer and water utilities, that the benefits of the Rural Taxing Districts be no longer available and that the parcels be thereafter included in the Urban Taxing District, and; WHEREAS, the Oakgreen Villas development, recently approved by the Council, includes two parcels that must be combined to facilitate development, however each of the parcels is now included in different taxing districts because of the timing of their annexation and the level of urban services provided to each parcel, and; WHEREAS, now that the parcels will be combined and urban services provided to the combined parcels, it is necessary to take formal City action to establish the combined parcels into one Urban Taxing District; NOW THEREFORE BE IT RESOLVED THAT: 1.Parcels Number 32.030.20.32.0049, and 32.030.20.32.0050, for the purposes of the taxation of real property, the combined parcel would be in the Stillwater, Urban Taxing District, SD 834, WMO, U, Group 7601, and; 2.That the taxing district change would be effective for the real estate taxes payable in the year 2019. In Witness Whereof the City Council has set their hands this 1st day of May, 2018. CITY OF STILL WATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: April 25, 2018 Subject: Traffic Control Signal Maintenance Agreements between Washington County and the City of Stillwater the Traffic Control Signals along Manning A venue DISCUSSION: There are four traffic signals along County Road 15 (Manning Avenue North) that have been in service over the past several years. Three of the signals ( Settlers Way, Liberty Avenue and County Road 12) were newly installed as part of the Manning Avenue Project in 2009 and the fourth on Boutwell Road installed a couple of years later. It is the policy of Washington County that local agency's be responsible for certain maintenance items on the signals. These maintenance responsibilities include signal and street light luminaires, electrical costs and painting of the signal poles. All other maintenance items would be the responsibility of Washington County. Washington County is requesting approval of a signal maintenance agreements for the four traffic signals on Manning A venue. In the agreements, the City shall have 100% maintenance responsibilities for the signals at Liberty Avenue and Settlers Way, 50% maintenance responsibilities at Boutwell Road (shared with Grant) and 0% maintenance responsibility for the signal at County Road 12. These is agreement is in line with other traffic signals on county roads in the City. RECOMMENDATION Staff has reviewed the Cooperative Agreement and recommends approval. ACTION REQUIRED If Council agrees with the recommendation they should pass a motion approving the 1. Cooperative Agreement between the City of Stillwater and Washington County for Maintenance of the Traffic Control Signal System at the intersection of County State Aid Highway ( CSAH) 15 (Manning Ave North) and so•h Street North. 2. Cooperative Agreement between the City of Stillwater and Washington County for Maintenance of the Traffic Control Signal System at the intersection of County State Aid Highway ( CSAH) 15 ( Manning Ave North) and Liberty Avenue. 3. Cooperative Agreement between the City of Stillwater and Washington County for Maintenance of the Traffic Control Signal System at the intersection of County State Aid Highway ( CSAH) 15 (Manning Ave North) and 80th Settlers Way. 4. Cooperative Agreement between the City of Stillwater and Washington County for Maintenance of the Traffic Control Signal System at the intersection of County State Aid Highway ( CSAH) 15 ( Manning Ave North) and CSAH 12 ( 75th Street North) . APPROVING COOPERATIVE AGREEMENTS WITH WASHING TON COUNTY FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS ON MANNING A VENUE WHEREAS, four agreements to maintain traffic control signal systems on Manning Avenue (County State Aid Highway 15) with intersections at 80th Street N, 75th Street North, Settlers Way and Liberty A venue in City of Stillwater have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA that the maintenance agreements presented to Council and on file with the office of the City Clerk is hereby approved and authorizes the Mayor and City Clerk to execute said agreement. Adopted by the City Council this 1st day of May 2018. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk COOPERATIVE AGREEMENT BETWEEN THE CITY OF GRANT, THE CITY OF STILLWATER, AND THE COUNTY OF WASHINGTON FOR MAINTENANCE OF THE TRAFFIC SIGNAL SYSTEM ON COUNTY STATE AID HIGHWAY (CSAH) 15 (MANNING AVENUE NORTH) AND SQTH STREET NORTH WASHINGTON COUNTY CONTRACT NO. 11613 DEPT . DIVISION TERM PUBLIC WORKS TRANSPORTATION SIGNATURE-PERPETUAL THIS AGREEMENT, by and between the City of Grant, a municipal corporation, hereinafter referred to as "Grant," the City of Stillwater, a municipal corporation, hereinafter referred to as "Stillwater," and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County", shall consist of this agreement and Exhibit A. WITNESS ETH: WHEREAS, a wood pole traffic control signal system has been installed on CSAH 15 at its intersection with 801h Street North, and; WHEREAS, a cooperative effort between Grant, Stillwater and the County is the appropriate method to facilitate the maintenance of this transportation improvement; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement and Exhibit A (Location Map). B. MAINTENANCE RESPONSIBILITIES 1. This agreement and all of its provisions shall apply only to the traffic control signal system on CSAH 15 (Manning Avenue North) at 801h Street North. 2. Monthly electrical service expenses necessary to operate the traffic control signal system and integral streetlights, including the cost of establishing and perpetuating a connection to the electrical grid and subsequent ongoing electrical service expenses, shall be paid as follows: • 50% of electrical expenses shall be paid by Stillwater. • 50% of electrical expenses shall be paid by Grant. • The County shall receive and pay all such invoices and invoice Grant and Stillwater semi-annually. 3. Grant and Stillwater shall, at their shared equal expense, maintain and keep in repair the integral luminaires (overhead street lights) and all their components, including replacement of the existing luminaires if necessary, except that the county shall maintain and keep in repair the electrical connection to the luminaire heads at the sole cost and expense to the County. 4. The County shall own the traffic control signal system and all of its components and shall, at its sole cost and expense, operate, maintain and keep in repair the traffic control signal system including but not limited to the relamping of vehicular and pedestrian traffic signal indications, cleaning and maintenance of the control cabinet, maintenance of the Emergency Vehicle Page 1 of 4 Preemption (EVP) system, attached signage, traffic signal interconnection and master controller, and repair of any and all physical damage, except as set forth in the following section. 5. The County considers paint to be an aesthetic component of the traffic signal system. Therefore, if Grant and Stillwater mutually desire to paint the system, Grant or Stillwater shall, at their sole cost and expense, clean and paint the traffic control signal system and integral streetlights at the sole cost and expense of Grant or Stillwater, having first obtained a permit from the County which may place conditions on activities within the right-of-way. Alternatively, Grant and Stillwater may, at their discretion, request in writing that the County paint the traffic control signal system and integral streetlights at the sole cost and expense of Grant and Stillwater. 6. The County shall, at its sole cost and expense, be responsible for identification and location of the underground components of the traffic control signal system as required by the Gopher State One Call system. 7. All EVP equipment currently installed on the signal covered by this agreement, including optical detectors, control electronics, and confirmation lights shall hereafter be the property of the County if not already so established, with no direct compensation made to Grant or Stillwater for said transfer. 8. Grant or Stillwater shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system or EVP system; however nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where part of such traffic control signal system may be directly involved in an emergency. 9. The EVP system provided for in this agreement shall be installed, operated, maintained, upgraded, or removed in accordance with the following conditions and requirements: A. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Sections 169.011, subd. 3 and 169.03. Grant and Stillwater will, provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units upon request. B. Malfunctions of the EVP system shall be reported to the County immediately. C. Only in the event said EVP system or components are, in the opinion of the County, being misused or the terms set forth herein are violated, and such misuse or violation continues after receipt by Grant or Stillwater of written notice thereof from the County, the County may remove, modify, restrict, or deactivate the EVP system. Upon removal of the EVP system pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, and indicator lamps and all other components shall become the property of the County. D. All timing of said EVP system shall be determined by the County. C. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. Page 2 of 4 D. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of Grant or Stillwater and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of Grant or Stillwater. E. INDEMNIFICATION 1. Grant and Stillwater agree that they will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by Grant or Stillwater, their agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless Grant and Stillwater against any and all liability, loss, damages, costs and expenses which Grant or Stillwater may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a.(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1a. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a. and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1 (a). G. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. Page 3 of 4 H. CONDITIONS Grant or Stillwater shall not assess or otherwise recover any portion of their cost for this project or its ongoing maintenance through assessment of County property. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY Chair Board of Commissioners Molly O'Rourke County Administrator Approved as to form : Ass istant County Attorney CITY OF STILLWATER Mayor City Administrator Approved as to form : City Attorney CITY OF GRANT Date Mayor Date Date City Admin istrator Date Approved as to form : Date City Attorney Date Date Date Date R:1201502 -Tower 2008\Agreemenls\Traffic Signal\CSAH 15 Traffic Signal Maintenance -BOth .doc Page 4 of 4 COOPERATIVE AGREEMENT BETWEEN THE CITY OF GRANT, THE CITY OF STILLWATER, AND THE COUNTY OF WASHINGTON FOR MAINTENANCE OF THE TRAFFIC SIGNAL SYSTEM ON COUNTY STATE AID HIGHWAY (CSAH) 15 (MANNING AVENUE NORTH) AND CSAH 12 (75th STREET NORTH) WASHINGTON COUNTY CONTRACT NO. DEPT. DIVISION TERM 11615 PUBLIC WORKS TRANSPORTATION SIGNATURE-PERPETUAL THIS AGREEMENT, by and between the City of Grant, a municipal corporation, hereinafter referred to as "Grant," the City of Stillwater, a municipal corporation, hereinafter referred to as "Stillwater," and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County", shall consist of this agreement and Exhibit A. WITNESS ETH : WHEREAS, a traffic control signal system has been installed on CSAH 15 at its intersection with CSAH 12, and; WHEREAS, a cooperative effort between Grant, Stillwater and the County is the appropriate method to facilitate the maintenance of this transportation improvement; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement and Exhibit A (Location Map). B. MAINTENANCE RESPONSIBILITIES 1. This agreement and all of its provisions shall apply only to the traffic control signal system on CSAH 15 (Manning Avenue North) at CSAH 12 (751h Street North). 2. This agreement shall supersede any and all prior agreements related to the maintenance of the traffic control signal system on CSAH 15 at CSAH 12. 3. Monthly electrical service expenses necessary to operate the traffic control signal system and integral streetlights, including the cost of establishing and perpetuating a connection to the electrical grid and subsequent ongoing electrical service expenses, shall be paid as follows: • 100% of electrical expenses shall be paid by the County. The County shall receive and pay all such invoices. 4. The County shall, at its sole cost and expense, maintain and keep in repair the integral luminaires (overhead street lights) and all their components, including replacement of the existing luminaires if necessary, and shall maintain and keep in repair the electrical connection to the luminaire heads. Page 1 of 4 5. The County shall own the traffic control signal system and all of its components and shall, at its sole cost and expense, operate, maintain and keep in repair the traffic control signal system including but not limited to the relamping of vehicular and pedestrian traffic signal indications, cleaning and maintenance of the control cabinet, maintenance of the Emergency Vehicle Preemption (EVP) system, attached signage, traffic signal interconnection and master controller, and repair of any and all physical damage, except as set forth in the following section. 6. The County considers paint to be an aesthetic component of the traffic signal system. Therefore, if Grant and Stillwater mutually desire to paint the system, Grant or Stillwater shall, at their sole cost and expense, clean and paint the traffic control signal system and integral streetlights at the sole cost and expense of Grant or Stillwater, having first obtained a permit from the County which may place conditions on activities within the right-of-way. Alternatively, Grant and Stillwater may, at their discretion, request in writing that the County paint the traffic control signal system and integral streetlights at the sole cost and expense of Grant and Stillwater. 7. The County shall, at its sole cost and expense, be responsible for identification and location of the underground components of the traffic control signal system as required by the Gopher State One Call system. 8. All EVP equipment currently installed on the signal covered by this agreement, including optical detectors, control electronics, and confirmation lights shall hereafter be the property of the County if not already so established, with no direct compensation made to Grant or Stillwater for said transfer. 9. Grant or Stillwater shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system or EVP system; however nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where part of such traffic control signal system may be directly involved in an emergency. 10. The EVP system provided for in this agreement shall be installed, operated, maintained, upgraded, or removed in accordance with the following conditions and requirements: A. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Sections 169.011, subd. 3 and 169.03. Grant and Stillwater will, provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units upon request. B. Malfunctions of the EVP system shall be reported to the County immediately. C. Only in the event said EVP system or components are, in the opinion of the County, being misused or the terms set forth herein are violated, and such misuse or violation continues after receipt by Grant or Stillwater of written notice thereof from the County, the County may remove, modify, restrict, or deactivate the EVP system. Upon removal of the EVP system pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, and indicator lamps and all other components shall become the property of the County. D. All timing of said EVP system shall be determined by the County. C. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. Page 2 of 4 D. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of Grant or Stillwater and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of Grant or Stillwater. E. INDEMNIFICATION 1. Grant and Stillwater agree that they will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by Grant or Stillwater, their agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless Grant and Stillwater against any and all liability, loss, damages, costs and expenses which Grant or Stillwater may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a.(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1a. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a. and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1 (a). G. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. H. CONDITIONS Grant or Stillwater shall not assess or otherwise recover any portion of their cost for this project or its ongoing maintenance through assessment of County property. Page 3 of 4 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY Chair Board of Commissioners Molly O'Rourke County Administrator Approved as to form: Assistant County Attorney CITY OF STILLWATER Mayor City Administrator Approved as to form : City Attorney CITY OF GRANT Date Mayor Date Date City Administrator Date Approved as to form : Date City Attorney Date Date Date Date R:\201502 -Tower 2008\Agreements\Traffic Signal\CSAH 15 Traffic Signal Maintenance -CSAH 12.doc Page 4 of 4 COOPERATIVE AGREEMENT BETWEEN THE CITY OF GRANT, THE CITY OF STILLWATER, AND THE COUNTY OF WASHINGTON FOR MAINTENANCE OF THE TRAFFIC SIGNAL SYSTEM ON COUNTY STATE AID HIGHWAY (CSAH) 15 (MANNING AVENUE NORTH) AND SETTLERS WAY WASHINGTON COUNTY CONTRACT NO . 11616 DEPT. DIVISION TERM PUBLIC WORKS TRANSPORTATION SIGNATURE-PERPETUAL THIS AGREEMENT, by and between the City of Grant, a municipal corporation, hereinafter referred to as "Grant," the City of Stillwater, a municipal corporation, hereinafter referred to as "Stillwater," and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County", shall consist of this agreement and Exhibit A. WITNESS ETH: WHEREAS, a traffic control signal system has been installed on CSAH 15 at its intersection with Settlers Way, and; WHEREAS, a cooperative effort between Grant, Stillwater and the County is the appropriate method to facilitate the maintenance of this transportation improvement; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement and Exhibit A (Location Map). B. MAINTENANCE RESPONSIBILITIES 1. This agreement and all of its provisions shall apply only to the traffic control signal system on CSAH 15 (Manning Avenue North) at Settlers Way. 2. Monthly electrical service expenses necessary to operate the traffic control signal system and integral streetlights, including the cost of establishing and perpetuating a connection to the electrical grid and subsequent ongoing electrical service expenses, shall be paid as follows: • 100% of electrical expenses shall be paid by Stillwater. Stillwater shall receive and pay all such invoices. In the event that additional development or a change in use occurs on the west leg of the intersection, the County will not approve an access permit without a cooperative effort between Grant, Stillwater and the County to facilitate changes to electrical service responsibilities. 3. Stillwater shall, at its sole cost and expense, maintain and keep in repair the integral luminaires (overhead street lights) and all their components, including replacement of the existing luminaires if necessary, except that the county shall maintain and keep in repair the electrical connection to the luminaire heads at the sole cost and expense to the County. In the event that additional development or a change in use occurs on the west leg of the intersection, the County will not approve an access permit without a cooperative effort between Grant, Stillwater and the County to facilitate changes to luminaire maintenance responsibilities. Page 1 of 4 4. The County shall own the traffic control signal system and all of its components and shall, at its sole cost and expense, operate, maintain and keep in repair the traffic control signal system including but not limited to the relamping of vehicular and pedestrian traffic signal indications, cleaning and maintenance of the control cabinet, maintenance of the Emergency Vehicle Preemption (EVP) system, attached signage, traffic signal interconnection and master controller, and repair of any and all physical damage, except as set forth in the following section . 5. The County considers paint to be an aesthetic component of the traffic signal system. Therefore, if Grant and Stillwater mutually desire to paint the system, Grant or Stillwater shall, at their sole cost and expense, clean and paint the traffic control signal system and integral streetlights at the sole cost and expense of Grant or Stillwater, having first obtained a permit from the County which may place conditions on activities within the right-of-way. Alternatively, Grant and Stillwater may, at their discretion, request in writing that the County paint the traffic control signal system and integral streetlights at the sole cost and expense of Grant and Stillwater. 6. The County shall, at its sole cost and expense, be responsible for identification and location of the underground components of the traffic control signal system as required by the Gopher State One Call system. 7. All EVP equipment currently installed on the signal covered by this agreement, including optical detectors, control electronics, and confirmation lights shall hereafter be the property of the County if not already so established, with no direct compensation made to Grant or Stillwater for said transfer. 8. Grant or Stillwater shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system or EVP system; however nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where part of such traffic control signal system may be directly involved in an emergency. 9. The EVP system provided for in this agreement shall be installed, operated, maintained, upgraded, or removed in accordance with the following conditions and requirements: A. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Sections 169.011, subd. 3 and 169.03. Grant and Stillwater will, provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units upon request. B. Malfunctions of the EVP system shall be reported to the County immediately. C. Only in the event said EVP system or components are, in the opinion of the County, being misused or the terms set forth herein are violated, and such misuse or violation continues after receipt by Grant or Stillwater of written notice thereof from the County, the County may remove, modify, restrict, or deactivate the EVP system. Upon removal of the EVP system pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, and indicator lamps and all other components shall become the property of the County. D. All timing of said EVP system shall be determined by the County. C. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. Page 2 of 4 D. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of Grant or Stillwater and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of Grant or Stillwater. E. INDEMNIFICATION 1. Grant and Stillwater agree that they will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by Grant or Stillwater, their agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless Grant and Stillwater against any and all liability, loss, damages, costs and expenses which Grant or Stillwater may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a.(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1a. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a. and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1 (a). G. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. H. CONDITIONS Grant or Stillwater shall not assess or otherwise recover any portion of their cost for this project or its ongoing maintenance through assessment of County property. Page 3 of 4 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY Chair Board of Commissioners Molly O'Rourke County Administrator Approved as to form: Assistant County Attorney CITY OF STILLWATER Mayor City Administrator Approved as to form : City Attorney CITY OF GRANT Date Mayor Date Date City Administrator Date Approved as to form : Date City Attorney Date Date Date Date R:\201502 -Tower 2008\Agreements\Traffic Signal\CSAH 15 Traffic Signal Maintenance -Settlers Way.doc Page 4 of 4 COOPERATIVE AGREEMENT BETWEEN THE CITY OF GRANT, THE CITY OF STILLWATER, AND THE COUNTY OF WASHINGTON FOR MAINTENANCE OF THE TRAFFIC SIGNAL SYSTEM ON COUNTY STATE AID HIGHWAY (CSAH) 15 (MANNING AVENUE NORTH) AND LIBERTY AVENUE WASHINGTON COUNTY CONTRACT NO. 11614 DEPT . DIVISION TERM PUBLIC WORKS TRANSPORTATION SIGNATURE-PERPETUAL THIS AGREEMENT, by and between the City of Grant, a municipal corporation, hereinafter referred to as "Grant," the City of Stillwater, a municipal corporation, hereinafter referred to as "Stillwater," and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County", shall consist of this agreement and Exhibit A. WITNESS ETH: WHEREAS, a traffic control signal system has been installed on CSAH 15 at its intersection with Liberty Avenue, and; WHEREAS, a cooperative effort between Grant, Stillwater and the County is the appropriate method to facilitate the maintenance of this transportation improvement; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS : A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement and Exhibit A (Location Map). B. MAINTENANCE RESPONSIBILITIES 1. This agreement and all of its provisions shall apply only to the traffic control signal system on CSAH 15 (Manning Avenue North) at Liberty Avenue. 2. Monthly electrical service expenses necessary to operate the traffic control signal system and integral streetlights, including the cost of establishing and perpetuating a connection to the electrical grid and subsequent ongoing electrical service expenses, shall be paid as follows: • 100% of electrical expenses shall be paid by Stillwater. Stillwater shall receive and pay all such invoices. In the event that additional development or a change in use occurs on the west leg of the intersection, the County will not approve an access permit without a cooperative effort between Grant, Stillwater and the County to facilitate changes to electrical service responsibilities. 3. Stillwater shall, at its sole cost and expense, maintain and keep in repair the integral luminaires (overhead street lights) and all their components, including replacement of the existing luminaires if necessary, except that the county shall maintain and keep in repair the electrical connection to the luminaire heads at the sole cost and expense to the County. In the event that additional development or a change in use occurs on the west leg of the intersection, the County will not approve an access permit without a cooperative effort between Grant, Stillwater and the County to facilitate changes to luminaire maintenance responsibilities. Page 1 of 4 4. The County shall own the traffic control signal system and all of its components and shall, at its sole cost and expense, operate, maintain and keep in repair the traffic control signal system including but not limited to the relamping of vehicular and pedestrian traffic signal indications, cleaning and maintenance of the control cabinet, maintenance of the Emergency Vehicle Preemption (EVP) system, attached signage, traffic signal interconnection and master controller, and repair of any and all physical damage, except as set forth in the following section . 5 . The County considers paint to be an aesthetic component of the traffic signal system . Therefore , if Grant and Stillwater mutually desire to paint the system, Grant or Stillwater shall, at their sole cost and expense, clean and paint the traffic control signal system and integral streetlights at the sole cost and expense of Grant or Stillwater, having first obtained a permit from the County which may place conditions on activities within the right-of-way . Alternatively, Grant and Stillwater may, at their discretion , request in writing that the County paint the traffic control signal system and integral streetlights at the sole cost and expense of Grant and Stillwater. 6. The County shall , at its sole cost and expense, be responsible for identification and location of the underground components of the traffic control signal system as required by the Gopher State One Call system. 7 . All EVP equipment currently installed on the signal covered by this agreement, including optical detectors, control electronics, and confirmation lights shall hereafter be the property of the County if not already so established, with no direct compensation made to Grant or Stillwater for said transfer. 8. Grant or Stillwater shall not revise by addition or deletion, nor alter or adjust any component, part, sequence , or timing of the aforesaid traffic control signal system or EVP system; however nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where part of such traffic control signal system may be directly involved in an emergency. 9. The EVP system provided for in this agreement shall be installed, operated, maintained , upgraded, or removed in accordance with the following conditions and requirements: A. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Sections 169.011, subd . 3 and 169.03. Grant and Stillwater will, provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units upon request. B. Malfunctions of the EVP system shall be reported to the County immediately. C . Only in the event said EVP system or components are, in the opinion of the County, being misused or the terms set forth herein are violated, and such misuse or violation continues after receipt by Grant or Stillwater of written notice thereof from the County , the County may remove, modify , restrict, or deactivate the EVP system . Upon removal of the EVP system pursuant to this paragraph, the field wiring , cabinet wiring, detector receivers , infrared detector heads, and indicator lamps and all other components shall become the property of the County . D. All timing of said EVP system shall be determined by the County . C. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn . Stat. 181 .59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein , and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. Page 2 of 4 D. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of Grant or Stillwater and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of Grant or Stillwater. E. INDEMNIFICATION 1. Grant and Stillwater agree that they will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by Grant or Stillwater, their agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless Grant and Stillwater against any and all liability, loss, damages, costs and expenses which Grant or Stillwater may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a.(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1a. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a. and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1 (a). G. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. H. CONDITIONS Grant or Stillwater shall not assess or otherwise recover any portion of their cost for this project or its ongoing maintenance through assessment of County property. Page 3 of 4 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY Chair Board of Commissioners Molly O'Rourke County Administrator Approved as to form : Assistant County Attorney CITY OF STILLWATER Mayor City Administrator Approved as to form : City Attorney CITY OF GRANT Date Mayor Date Date City Administrator Date Approved as to form : Date City Attorney Date Date Date Date R:\201502 -Tower 2008\Agreements\Traffic Signal\CSAH 15 Traffic Signal Maintenance -Liberty .doc Page 4 of 4 To: Mayor and City Council From: Diane Ward, City Clerk Date: April 26, 2018 Re: NILMDTS Remembrance Walk BACKGROUND Attached is a special event application for an event organized by Now I Lay Me Down to Sleep (NILMDTS), which is a national organization that provides heirloom portraits to families that have lost babies. The organization held their walk last year in Lowell Park in September and there were no issues. This year they are proposing to hold the Remembrance Walk on Saturday, September 8, 2018, in same location. Set-up would begin on Friday afternoon and before the event starts early Saturday morning with cleanup done by 2 p.m. There will be a ceremony, reading of baby’s names, a guest speaker, live music in the gazebo, and a butterfly release followed by a short one mile walk. The organizer will be charged for one (1) police officer for traffic control on Mulberry and associated fees as adopted in the 2018 Fee Schedule and according to the Special Event Policy adopted by the Council. RECOMMENDATION Staff recommends approval of the event. ACTION REQUIRED Council should review the event application and if they concur with the recommendation, approve the event. Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up D ~ app. 50 24x36in. baby name sign s No Yes Number and size: along path, various event signs tbd . Will there be any inflatables? No ~ Yes D Insurance certificate from rental vendor is required Will there be entertainment? ~ Mu si cian to perform a few Fees for electricity may No D Yes What type : songs during event. ,ap ply see In structions Will sound amplification be used? No D Yes ~ 09 :00 -1 2 :00 on 9/8/18, speakers, Hours and Type: sound board. Will a stage or tent(s) be set up? No D Yes ~ Dimensions : Tents-App (4) 1 Ox1 O's (2) 20x20 (2) 30x30 Will there be temporary fencing? No ~ Yes D How many No Food Vendors Fees for electricity may Will merchandise/food items be sold? No D Yes ~ vendors expected : app 10 vendors apply see Instructions Will food be prepared on site? No ~ Yes D Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No ~ Yes D Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No ~ Yes D See Alcohol Regulations in the Instructions Will alcohol be sold? No ~ Yes D See Alcohol Regulations in the Instructions Will there be a fireworks display? No ~ Yes D Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. Electricity for vendors at Amphitheater, electricity at Pavilion for musicians and event speakers. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Flyers, social med ia, press re l.e ase, tv interviews. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No D Yes ~ Start/End Time: 0600-1300 Date: 09/08/18 City Sidewalks or Trails No D Yes ~ Start/End Time: 1000-1200 Date: 09/08/18 Public Parking Lots or Spaces No ~ Yes D Start/End Time: Date: Will event need barricade(s)? No D Yes ~ Number needed: 4 Fees may apply see Instructions Will extra picnic tables be needed? No D Yes ~ Number needed: 10 Fees may apply see Instructions CITY COUNCIL DATE: April 26, 2018 PLANNING CASE NO.: 2018-11 APPLICANT: Patrick Juetten, Chief Manager, Stillwater Mills Commercial Partners REQUEST: Amendment to Special Use Permit for Stillwater Mills on Main REPORT FROM: Bill Turnblad, Community Development Director INTRODUCTION On November 18, 2003 the City Council approved a Special Use Permit for Stillwater Mills on Main (Resolution 2003-214, attached). Condition 6(J) of the Special Use Permit Resolution states that all commercial parking is to be available for use by the general public during the hours when the commercial properties are not open for business. The commercial parking area with its 73 spaces is located on the ground level of the parking garage. The parking area for the condominium residents is separated from the commercial parking area and has a separate entrance. The 196 residential spaces are located both on the ground level to the west of the commercial parking and on the lower level of the garage. (See the attached garage floor plans.) It is the 73 commercial spaces that are the subject of Condition 6(J). The 73 commercial spaces have not been made available to the general public after hours as required in Condition 6(J). When this condition was brought to the attention of the representative for the Mills on Main commercial property owners, he mentioned that the developer and the original owner of the commercial space likely knew of the condition, but that his group acquired the property through foreclosure and the condition was not disclosed to them. City staff explained that either the 73 spaces would have to be made available to the general public after hours, or the owner would have to request that the City Council delete Condition 6(J) from the Special Use Permit. REQUEST Patrick Juetten, Chief Manager of the Stillwater Mills Commercial Partners (owners of the commercial space) has submitted an application to the City requesting deletion of Condition 6(J) from Special Use Permit Resolution 2003-241. Page 2 of 4 BACKGROUND 1. The Heritage Preservation Commission reviewed the design of the building as case DR 2003-63. a. The Heritage Preservation Commission (HPC) meeting was held on October 6, 2003. b. The planning staff recommended to the HPC that the commercial parking garage be made available to the general public after business hours and on weekends. The reason for the recommendation, confirmed during a phone conversation with the previous Community Development Director, was that any time more public parking could be made available Downtown, it had been incorporated into projects to reduce the pressure on the public parking system. The recommended condition was accepted by the HPC and included in the HPC Design Review Permit. c. The developer did not object to the condition, according to the previous Community Development Director and to the written record. 2. The Planning Commission reviewed the project as Case 2003-83. a. The Planning Commission meeting was held on October 13, 2003. b. The Planning Commission report states that the proposed parking for both the residential units and the commercial space met City parking requirements. No variance or parking mitigation plan was necessary. c. The Planning Commission denied the Special Use Permit (for reasons that were not associated with parking). d. The developers appealed the denial to the City Council. 3. The City Council heard the case on appeal on November 18, 2003. a. Since appeal cases are heard de novo, the plans were allowed to be different than those that were reviewed by either the Planning Commission or the Heritage Preservation Commission. So, the developer changed the plans to address some of the concerns expressed by the commissions. b. The City Council approved the Special Use Permit per Resolution 2003-241, which included the HPC condition on general public access to the commercial garage after business hours. COMMENTS Many of the residents in Mills on Main have submitted letters and emails (attached) advocating for the deletion of Condition 6(J). The reasons stated for their position include: 1. Security issues associated with keeping private lobby open to the general public after hours. This gives access not only to the lobby, but also an elevator and mail room that serves the residential portion of the facility. And, since there is no service door to give direct access to the garage for public use, public users of the commercial garage would have to go through the lobby. 2. Increased cost to commercial property owners and tenants due to excessive wear and vandalism to the garage caused by the general public. Page 3 of 4 3. Increased cost to condo residents for cleaning up lobby after the public and maintaining the lobby furnishings and decorations. 4. Vandalism of private lobby, vehicles in the garage, and garage equipment. 5. Personal safety issues related to introducing general public into private spaces. 6. Space would become attractive to homeless people. 7. Guests of residents currently use the excess commercial garage space instead on parking on the public streets. And residents can currently lease some of the commercial spaces. 8. The commercial tenants keep Saturday hours for customer meetings and walk-in business. In addition one of the larger tenants also has regular evening hours for customer meetings and presentations. 9. The garage was not designed with general public usage in mind. As a result, though the space functions for private use and customer use, it would not function acceptably for general public use. For example, it has many bottle neck areas where exiting traffic can stack up. And there are many partially blocked views at sharp corners. In addition, the construction materials and methods were chosen with private use in mind. They would not withstand the general public use well. Staff points out that since the time that Condition 6(J) came to be, the availability of public parking in the neighborhood of Mills on Main has improved. The City has built the municipal parking ramp with 250 spaces and The Crosby Hotel is required to construct a public parking deck with 52 spaces. RECOMMENDATION The Downtown Parking Commission heard the request on May 19, 2018 and unanimously recommended removing the condition. The reasons for the recommendation were that: 1) public parking improvements have been made in the immediate neighborhood of the Mills on Main facility; 2) the project meets or exceeds all of its parking requirements; and that 3) no parking mitigation was required. ALTERNATIVES The City Council should review the requested Special Use Permit amendment and decide whether to approve it or not. Staff will bring a resolution memorializing the decision to the next Council meeting for formal approval. There are several alternative actions possible, including: A. Approve. If the Council concurs with the Parking Commission findings and recommendation, the Council could approve the request to delete Condition 6(J). B. Deny. If the Council finds that Condition 6(J) should remain, the Council could deny the request. Page 4 of 4 C. Deny in part. If the Council finds merit in keeping Condition 6(J) in place, but also finds that at present a lack of general public parking does not exist in the immediate neighborhood of Mills on Main, then the Council could keep the condition in place but not require it to be implemented for 5 years. In 5 years, the Council would then reconsider the situation. D. Table. If the Council would like additional information prior to making a decision, the Council could table action until the May 15th meeting. bt Attachments: Use Permit Resolution Garage floor plans Applicant narrative Comments from residents ,. 6. All conditions of approval from the HPC are incorporated into this condition by reference listed below: · A. Details of first story public space and merchant space shall be reviewed and approved by the HPC. ' 8. All utilities shall be completely screened from public view. · · .. . C. A lighting plan showing the building fi_xture type, height, location and exterior lighting . intensity shall be submitted for Heritage Preservation approval. All lighting shall be directed away from the street and adjacent properties. Light sources shall be shielded from direct view and protected form damage by vehicles. . D. All landscaping shall be installed before utility release or final project inspection. No project shall be phased unless approval is granted by the Planning Commission. E. Continuous concrete curbing shall be installed to separate parking areas from landscape areas. F. Handicapped parking spaces and signage, in compliance with State requirements, shall be shown on building permit plans and installed before final inspection of the project. G. The street address of the building shall be displayed in a location conspicuous from the public street. H. The trash enclosure shall be made of a sturdy opaque masonry material, with trash receptacles screened from view and compatible with the color and materials of the project. I. All trees required to remain on site, as indicated on the plans, shall be protected by fencing or other necessary measures shall be taken to preven, damage during ·. construction activity. · · J. All parking shall be available for use by the general public during the hours when the business is not operating. __ .. ________ . ___________ K. No roof equipment shall l>e visible to the general public. _ . _ _ _ _ _ __ . ___ ,, _____ _ · L. All gutters, downspouts, flashings, etc. shall be painted to match the color of the adjacent surface. M. Construction projects shall conform to the City's Noise ordinance. Construction during the dry season shall mitigate excess dust problems. N. A sign permit shall be required for all project signs. O. Grading and drainage plan to be approved by City Engineer before building permits are issued. P. Sign package to be approved by the Heritage Preservation Commission; including · · directional signs. '.. --· _ . . - Q. Exterior lighthig plan·to be reviewed and approved by the Heritage Preservation·' . .. Commission .. R. All security lights on building shall be downlit. S. A sign permit is required for signage. T. All exterior modifications to the approved plan are to be reviewed by the HPC. 7. Fire Department standards for access and water supply and sprinklers shall be met. 8. Access between parking levels as described in the parking study shall be considered for redesign. 9. Trash storage shall be enclosed within the proposed building. Stillwater Mills Commercial Partners, LLC 238 Peninsula Rond , Medicine Lake, MN 55 441 March 16, 2018 City of Stillwater 215 North Fourth Street Stillwater, MN 55082 (763) 568-5520 RE: Request to Amend CUP #2003-341, Paragraph 6J -Amendment to public access to commercial parking Dear City Staff, Planning Commissions, Honorable Mayor and Council: Stillwater Mills Commercial Partners, LLC owns the commercial parking garage and commercial office space located at 350 Main Street North. When our partnership purchased the commercial space in 2012, it had been foreclosed on by multiple lenders. 50% of the leasable space sat vacant and partially vandalized. It has been a struggle through the years to reach the first class target that this space represented. Through hard work and diligence the space is now fully leased and in the process of being built out for the tenants RBC Wealth Management and REMAX Professionals. It came as a surprise, when I was contacted by city planning staff regarding public accessibility to the commercial parking garage. In the 2003 approved CUP 2003-341, Paragraph 6J states "All parking shall be available for use by the general public during the hours when the business is not operating". We are therefore requesting to amend the 2003 CUP 2003-341 and strike Paragraph 6J as it is a detriment to the property. This clause impacts our ability to continue to offer a first class office space at existing competitive rates for our tenants for the following reasons: 1) Tenants cite dedicated, secured, heated parking as a significant amenity for employees and customers in downtown Stillwater. We have lost the interest of many tenant prospects over the past 7 years due to tenants deciding to be "up on the hill" where there parking is perceived to be no issue; 2) Tenants have business hours starting at 5:30 AM weekdays, and have business hours on Saturdays and Sundays and many times during the week evenings; 3) Customer and client meeting hours include evenings and weekends for real estate and financial services being offered by tenants. The offices provide privacy to discuss sensitive personal and financial scenarios that would not be prudent in public spaces; 4) Tenant monthly lease operating expenses will increase. These costs include: a. Increased janitorial costs to clean garage and messes left by public; b. Increased insurance liability costs due to trip and fall risks due to intoxication; c. Increased security monitoring cost for initial upfront security equipment purchases plus ongoing surveillance; d. Increased costs for wear and tear items such as garage doors and pedestrian doors; e. Increased garage replacement costs due to reduce lifetimes for garage surface waterproofing and striping; and f. Increased repair costs to damage from cars to concrete walls, posts, bollards, etc. 5) First class history of building will be negatively impacted by foreseeable nuisance calls to public safety resources for unsafe and/or illegal conduct in garage; and 6) RBC Wealth Management and REMAX Professionals expressed public accessibility negatively impacts their business prospects at Stillwater Mills. Letters from tenants are enclosed. The commercial garage is a fully enclosed heated garage. It is a dead-end styled garage with a single car entry and exit with no exterior windows. It has two pedestrian exits. This layout allows the exposed plumbing to be heated in the winter months to avoid freezing. It also would create additional risks for public use especially when bars are closing. As several Stillwater Mills condominium residents have written (their letters are attached), they fear an increase in the threat of violence, lewd behavior and theft / vandalism. Stillwater Mills residents use commercial garage to take their pets to the bathroom. The residents also have been able to keep guests cars off the streets through occasional parking in the commercial garage for community socials and guest hosting. Public access to the garage would negatively impact their ability to safely take out their pets and reliability keep guests cars off the city streets. In summary, the removal of the public parking condition would allow Stillwater Mills Commercial Partners to continue to offer its tenants the a lower costs first class environment and a secure garage -both of which contributed to the recent success of being fully leased. RBC Wealth Management and REMAX Professionals have invested time and money to make their downtown Stillwater Mills locations successful. It would be foolish to lose either when leases come up for renewal due public parking negatively affecting their business. It would also benefit the Stillwater Mills residents safety and guest parking accessibility. In conclusion, it is our hope you amend the 2003 CUP to remove the public parking condition. Si~ Patrick Juetten Chief Manager Stillwater Mills Commercial Partners, LLC Patrick Juetten From: Sent: To: Justin Fox <justinf@professionals.net> Thursday, March 15, 2018 11:52 AM Patrick Subject: Fwd: Opposition to Stillwater Parking .lust in Fo~ RE/M,\X Pr.Jkssionals Dir~ct (h5 I) 7n~-O I UC! i Office: (6S I) 455-7000 www.profossionals .ne1 !. Find us on Facebook ----------Forwarded message ---------- From: Sonya Fox <sonya.fox @professionals.net> Date: Thu, Mar 15, 2018 at 11:50 AM Subject: Opposition to Stillwater Parking To : Justin Fox <justinf@ profe sional .net> The nature of our business at RE/MAX Professionals is very much a 24/7, 365 days a year business. We do not only do business during normal business hours. Quite the opposite actually. Our agents come into the office late at night and even more so on weekends to meet clients , write purchase agreements and more. A major deciding factor in us locating our business where we did, Downtown Stillwater, was due to the favorable parking for our clients, employees and real estate professionals. To open our parking up to the public during non-business hours would severely impact the ability for our agents and clients to access our office quickly and easily during what are typically non-business hours, or our peak hours. We strongly encourage you to consider keeping the Stillwater Mills Condo building private parking for tenants and residents. Sonya Fox Owner/ COO Direct: (651) 209 -3946 Visit Our VVebsite Rf/MAX Professionals 1 Patrick Juetten From: Sent: To: Subject: Hello Patrick, Gervais, Justin <justin.gervais@rbc.com> Tuesday, March 13, 2018 12:22 PM patrick@pvcap.com We Object to the proposal to open our garage to the public I know you are just the messenger, please don't mistake any of this to be aimed at you personally because it definitely is not. Let me know if there are other ways I can help make sure this obscene proposal doesn't come to become a reality. The purpose of this note is to state my very strong opposition to the proposed changes to our parking spaces for our office space here in Stillwater. This would have a very negative impact on our ability to get to and from our place of work in a safe and efficient manner. Furthermore it would have a negative impact on our professional business and the ability to safely meet with clients at our place of office. This negative impact would translate into hardships for my professional career and ultimately would detract from my family's wellbeing. Now, an outsider that would not be impacted on this change in anyway may think that is a stretch, but I whole heartedly would argue that it has fundamental truth and merit that would transpose over a period of time. Anyone that threatens my career and my families livelihood and wellbeing is an adversary of mine and I would gladly argue this point with them in more detail under a more efficient platform than that of email; feel free to pass my contact information along to those people. Stated another way, I sincerely object to the proposal to make the inside parking that is attached to our building available to the public. I am willing to speak out my opposition on other platforms also if that may help our wellbeing and safety concerns be heard. Thank you Patrick! Justin Gervais I Investment Associate RBC Wealth Management, a division of RBC Capital Markets, LLC 350 North Main Street, Suite 106, Stillwater MN 55082 T: 651-430-5514 IF: 651-430-5501 I Justin.Gervais@RBC .com RBC Wealth Management does not accept buy, sell, or cancel orders by email, or any instructions by email that would require your signature. Please visit RBC weal th Management Email Disclosures for material details about our products and accounts, as well as for other important information. Non-deposit investment products offered through RBC Wealth Management are: • Not FDIC insured, • Not a deposit or other obligation of, or guaranteed by, a bank • Subject to investment risks, including possible loss of the principal amount invested. Disclosure information regarding potential conflicts of interest on the part of RBC Capital Markets, LLC in connection with companies that are the subject of any third-party research report included in this email message may be found at Third-Party Research Disclosures . RBC Wealth Management, a division of RBC Capital Markets, LLC, Member NYSE/FINRA/SIPC. 1 Patrick Juetten From: Sent: To: Subject: Hello Patrick. Graner, Tyanna <tyanna .graner@rbc.com> Wednesday, March 14, 2018 9:23 AM patrick@pvcap .com Stillwater RBC Parking It has been brought to my attention that the weekend parking in our ramp may soon move to pay only public parking. feel this will greatly impact not only me, but many in our complex should this change occur as weekends are often the only time our clients are available to meet with us. I believe it would affect many in our office because of the type of industry we are in if our weekend parking suddenly became unavailable. Please consider this as you move towards making a decision on the matter. Thank you, Tyanna Tyanna Graner Registered Client Associate Pink Wealth Management Group RBC Wealth Management, a division of RBC Capital Markets, LLC 350 N Main St Suite 106 ~ Stillwater MN 55 0 82 ph :65 1 AJ0,5542 • toll fret :8 66-548 -7 770 • fax :65 ! .-130.550 1 tyann a.gn ne r(llh'bc.co m UL....,.p ink'i m g.co m RBC Wealth Management does not accept buy, sell, or cancel orders by email, or any instructions by email that would require your sig nature . Pleas e visit RBC ~lealth Management Email Disclosures for material details about our products and accounts, as well as for other im portant informa t ion. Non-deposit investment products offered through RBC Wealth Management are: • Not FDIC insured, • Not a deposit or other obligation of, or guaranteed by, a bank • Subject to investment risks, including possible loss of the principal amount invested. Disclosure information regarding potential conflicts of interest on the part of RBC Capital Markets, LLC in connection with companies that are the subject of any third -party research report included in this email message may be found at Th ird-Party Re se arch Disclosure s . RBC Wealth Management, a division of RBC Capital Markets, LLC, Member NYSE/FINRA/SIPC. 1 Patrick Juetten From: Sent: To: Cc: Subject: Timm Hammond <timmhammond@me.com> Wednesday, March 14, 2018 4:16 PM djunker@ci.stillwater.mn.us; awittman@ci.stillwater.mn.us; bturnblad@ci.stillwater.mn.us; ssanders@ci.stillwater.mn:us patrick@pvcap.com; Timm Hammond Stillwater Mills Garage Dear Mr. Junker, Ms. Wittman, Mr. Turnblad, and Mr Sanders, I am writing you to express my concern that the City of Stillwater is looking at enforcing a Conditional Use Permit (CUP) that was issued by the City of Stillwater in 2006 stating that the Commercial garage be open 24/7 for public parking as part of the original building requirements. It is my understanding that the outer lobby would also be open 24/7 for public access. Both my wife and I appose the enforcement of this CUP for the following reasons: 1) Security of the Stillwater Mills outer lobby and the residential building would be compromised and make it unsafe to enter the building during night time hours. One of the reasons that we purchased our unit in Stillwater Mills was because of the security for our use of the outside lobby and entry into our unit. We participate in many activities and dinners in downtown Stillwater and come back to the residence late at night. We always felt secure knowing that both the outside lobby and entry into the residence were secure. 2) Parking spaces for Stillwater Mills and Guest Residence Units were a key sales factor to us. We do have family members who have used these parking spots for activities that we have held at Stillwater Mills and considered it as part of the amenities that were included in the sale of the property. 3) Maintaining the cleanliness of the outer lobby and bathrooms will be more difficult as we know that many of the activities in town are attended by individuals who may not respect the use of these facilities. We have even seen this during the daytime hours in the past. If these areas are not kept presentable, it will a negative effect on the value of our Stillwater Mills property which is unfair to the people who purchased their unit without knowledge of the CUP. My wife and I are asking that you cancel the CUP for the Stillwater Mills building do to these concerns. Best Regards, Timm Hammond Nancy Hammond 1 Patrick Juetten From: Sent: To: Cc: Subject: Hello to All, Gerald and Diane Rabe <jndrabe@earthlink.net> Wednesday, March 14, 2018 7:19 PM djunker@ci.stillwater.mn.us; awittman@ci.stillwater.mn .us; bturnblad@ci.stillwater.mn.us; ssanders@ci.stillwater.mn .us patrick@pvcap.com; Dave Luth SWM Commercial Garage Parking Issue This note is from Diane and Jerry Rabe . We recently bought unit 344 in the SWM building. We have not moved in yet , but plan to do so as soon as our house in Minnetonka is sold . One of the important factors in our deciding to buy a condo in SWM is that it seemed to offer a secure place to live . This was important to us in that Jerry is almost 80 and Diane is 75 and should one of us end up living there alone , security would be even more important to us. We paid $464 K for the unit and plan to add about $50-60K worth of improvements before we move in. The decision to invest this much money was because of the location and in significant part, the security factor. My point is that the value of this property is a sum of many factors, an important one being security. It seems to us that this should also be an important factor to the City in terms of maintaining overall value of property in the City. I do not know who the individual is that has advocated the idea of making changes that result in the lobby being open 24/7, but my guess is that if the businesses in the lower level of the building were asked, or even the surrounding businesses, they would see little or very limited value in it. We visited the unit we bought four times before buying it. One of the things that I noticed during one of these visits was that there was delivery of m a ny boxes/packages ... probably 20 or more tha t day ... that were stac ked in an area off the lobby space, waiting to be pi c ked-up by the residents. To me , that was cl ear testimony to the trust w orthy c ha racter of the people who live in SWM and the security that the people living there feel that they have. I would hate to see this diminished. Another example of this, is that the residents who take their dog out at night for the bedtime walk will want to have a sense of security and safety. So in net, my request is that the pros and cons be carefully weighed , and if this is done , my feeling is that almost everyone would conclude that it's in everyone's interest not to make the lobby of SWM accessible to the public, and that the commercial garage not be open more than reasonable business hours . Sincerely, Jerry & Diane Rabe, (owners of unit 344) 1 1 Bill Turnblad From:Lynn Denn <kldenn@usfamily.net> Sent:Wednesday, March 14, 2018 10:35 AM To:David Junker; Abbi Wittman; Shawn Sanders; Bill Turnblad Cc:patrick@pvcap.com Subject:Stillwater Mills Commercial Garage Parking Dear City of Stillwater Officials: As owners and residents of condominium #336 in the Stillwater Mills building we have been made aware of the issue concerning commercial garage parking. It is our understand that a Conditional Use Permit (CUP) for 24/7 public parking was issued in 2006 that has never been put into effect. All we can ask of you is that you please, please strike this CUP rather than enforce it. When we purchased our condominium one of the greatest consideration factors was the security we would enjoy in this particular location. The personal safety of both of us, and all residents, is important. We likely would not have purchased if we were aware of the CUP and associated activity it would entail. As I have difficulty walking I am not in a position to move quickly if I were to encounter an uncomfortable situation. Due to my limited mobility, Lynn is alone most of the time when entering and leaving the building through the lobby. Both of us are comfortable using the outer lobby. Both of us would be uncomfortable if we knew that there were people freely accessing the main lobby all night long. This also could very easily lead to people following residents in to the next lobby as the resident opens the door. We do not want to be put in a position where we would have to ask someone coming in behind us if they are a resident The cleanliness and beauty of the outer lobby and restrooms would be jeopardized. The cost to maintain the current atmosphere would be increased. Who would absorb that cost? It isn’t appropriate or fair to assess the residents at this late juncture. Theft, malicious behavior, and vagrancy is a concern. Reduced security would affect property values. No one has lived in the building earlier than 2006 so every resident has purchased their unit believing that the outer lobby is not accessible during non-business hours. It doesn’t seem fair to operationally change that now. We are sorry that we won’t be able to attend the April 3rd meeting and are hopeful for a successful, positive outcome for the residents of Stillwater Mills. Safety and security, safety and security, safety and security are critical issues here. We sincerely appreciate you giving these thoughts and concerns consideration. Thank you for your time. 2 Respectfully submitted, Ken and Lynn Denn 350 Main Street N. Unit #336 Stillwater, MN 55082 (320) 279-2694 1 Bill Turnblad From:Ganje <cdganje@yahoo.com> Sent:Monday, March 12, 2018 5:18 PM To:David Junker; Abbi Wittman; Bill Turnblad; Shawn Sanders Cc:Dave Luth; patrick@pvcap.com Subject:Proposed Change of Commercial Garage for Public Parking at Stillwater Mills Condo Building As resident owners of a Stillwater Mills Condo, where the above referenced Commercial Garage is located, we want to express our strong opposition to the City's proposal to turn the Stillwater Mills Commercial Garage into a public parking facility open 24/7. This proposal severely impacts the availability of parking for the many guests who visit our 90 unit condo building on a regular basis. The proposal would also open our main lobby, including the existing restrooms to public use 24/7. This will undoubtedly create major security, vandalism and potential building break-ins. Enclosed public parking facilities such as this, create extensive known security issues. We say this based on the experience of our son, who currently manages nine separate enclosed parking facilities in downtown Minneapolis. Obviously Minneapolis is a bigger city with more frequent issues than Stillwater would experience due to its smaller facility size; however, our son experiences on a weekly basis a multitude of the following issues within these garages, particular ones which are enclosed. - Homeless sleeping in garage and stairwells - Car break-ins - Gangs of young kids doing drugs - Vandalism - Public urination on walls and floors of garage - Multitude of sexual acts in stairways and other semi-hidden places. Most of these issues take place after hours in the evening and particularly when bars are closing. We also can speak to this personally here in Stillwater, because we often see drunken individuals and couples passing by our condo on Mulberry Street after hours. This public garage will only serve to enhance these activities, particularly because it is an Enclosed Dead-end Garage with several hiding places. This will become a dangerous underground parking facility which the City and its police department will come to regret. In closing, we want to extend our strong opposition to this proposal. It is a terrible idea, particularly considering that a new parking deck is currently being constructed, across Mulberry Street along with the new hotel. It would seem to us that the proposed garage spaces that you are recommending for public use will be unnecessary. Candace & Donald Ganje Unit 206 Stillwater Mills Mr Turnblad I am writing about the Conditional Use Permit (CUP) that was issued in 2006 stating that the commercial garage at 350 Main St N was to be open 24/7 for public parking. In addition, the access door to the lobby where the restroom is located would also need to be open 24/7. I believe that this CUP needs to be reevaluated – it is 12 years later, 12 years of norms and expectations for the businesses and residents. To keep the lobby and garage open 24/7 significantly changes the security and maintenance in our building. To be open for public parking would also mean the building would be open to all walking traffic as well since their would have to be access to get in to a car once it has been parked. There are four access doors in the commercial garage to our condo and one door in the lobby. Currently, the commercial garage has a code access in the evening hours, which adds a level of security in the evenings. In addition there is a security panel to enter the front door of the building that gives access to the lobby, a security door from the garage that gives another entrance to the lobby and then another security panel in the lobby to enter the condos. As a condo owner, I want that security. As the commercial garage is currently managed, the condo owners have a parking spot that is reserved for our over night guests that stay in one of our two guest rooms. Open public parking changes that practice. In addition, if spaces are available, our other guests may have the opportunity to park in the garage as well when they visit. Obviously, that stays the same because it is based on availability. Making the spaces available for the public will not help solve parking issues in this part of town – if that is the motivation for this issue arising after 12 years. The business employees, their clients and our guests will need to secure parking, if not in the commercial garage, in the hotel ramp or the street. Is the hotel comfortable with that reality? There are many questions and potential problems that come to mind. How is the city involved in the managing of the garage? Is this public parking free or is there a fee? How are payments managed? Is there a time limit for parking? Who has the responsibility and power to tow or ticket a vehicle that has been parked too long? If there is damage to the garage, lobby, bathroom, or condos – who pays? I do not believe the public restroom buildings - I assumed owned by the city - are open 24/7. If they are not – why would our restroom have to be open 24/7? With the new hotel just across the street we will be seeing more transient traffic and the potential problems that come with people that do not have a stake in the community or our property, now you are literally wanting us to open our property to the public. You have a responsibility to us – we are the taxpayers. Ninety units estimating paying at least $4,000 per year plus the commercial taxes paid in this property – we contribute to the cities base. Our property value benefits the city. We also invest in our community – we support the downtown businesses regularly. We need to work together to resolve this situation in a reasonable responsible manner. Respectfully, Wendy Halverson 350 Main St N Unit 244 Stillwater, MN 55082 651-689-1016 1 Bill Turnblad From:Mark Harrold <msharrold68@gmail.com> Sent:Friday, March 16, 2018 4:09 PM To:David Junker; Abbi Wittman; Bill Turnblad; Shawn Sanders Subject:commercial garage use in Stillwater Mills Condo building As a resident of the Stillwater Mills Condominium at the corner of Mulberry and Main Streets, I am concerned about opening up the building to the public for parking and access to our lobby area. The lobby area has been furnished and decorated by the residents in this building and is cleaned and maintained by our homeowner association dues. Access by anyone coming to the Stillwater area would expose our building to possible theft or mistreatment of the furnishings. Public access would also greatly increase the workload of our building’s caretaker. Please consider these concerns when making your decisions.—Susan Harrold, Stillwater Mills 1 Bill Turnblad From:Havir, Winona <Winona.Havir@horacemann.com> Sent:Tuesday, March 27, 2018 4:23 PM To:Bill Turnblad Cc:dgluth@earthlink.net; patrick@pvcap.com Subject:Stillwater Mills Condominiums CUP Importance:High Dear City Community Development Director Turnblad, My husband, Gary, and I reside in the Stillwater Mills Condominiums on Main Street. Recently, we received a very disturbing email. The Manager of our Commercial garage space has made us aware of an important parking issue that affects our personal living conditions and safety. The basis of the concern is that a Conditional Use Permit (CUP) was issued by the City of Stillwater in 2006, stating that the Commercial garage be open 24/7 for public parking as part of the original building requirements. The conditions set forth in the CUP were, until recently, unknown to the Commercial Manager and the condominium residents. Since the building was opened and for obvious reasons, the Commercial garage has only been available during regular business hours. It is our understanding that the City is now trying to enforce the terms of the CUP. This enforcement would impact all current and future residents living in Stillwater Mills. Furthermore, there was no disclosure of this encumbrance by any of the parties involved in the real estate purchase transaction. We will lose all of the 10 parking spaces that we currently contract for including the two spaces reserved for our Guest Suite parking. In addition, it may require us to keep the access to our outer lobby open 24/7 to provide those using the Commercial garage use of the restrooms located there. This provision will negate the current significant security measure which limits the number of strangers in the lobby and potentially creates additional crime, litter, thefts or destruction of our property. There are four entrance doors from the commercial garage that could allow access to the residential levels As you review this matter, we ask you to take great care and caution as you will begin the initial discussions on April 3rd regarding how the Commercial garage must operate going forward. We cannot imagine the additional impact to our lives during the numerous and very crowded events that take place in Stillwater. We already have:  Issues with traffic being backed up on Main Street and Mulberry Street with increased noise as a result  Issues with pedestrians crossing or walking in the street outside of the crosswalks without regard for approaching traffic  Issues with people parking, blocking and damaging our garage entrance and exit  Issues with theft from our parking garages  Issues with packages and newspapers being stolen from the lobby/mail delivery area  Issues with trash and cigarette waste being strewn on our doorstep  Issues with building damage from vehicles parking in our Commercial garage. 2 Should this CUP be enforced in its current form; we will incur more of the above stated issues and the potentially associated additional costs that go along with increased security and maintenance. We ask that you personally consider the impact of your decision on us, your Stillwater Residents, as well as the surrounding Stillwater community. It should be noted that there is no public overnight parking provided by the City Ramps. We do not understand why it would be reasonable to allow 24/7 public access to an enclosed private parking garage. Enforcing the terms of the CUP is a bad idea. Thanking you in advance for your help in keeping Stillwater and the Stillwater Mills Condominiums a great place to call home! Respectfully yours, Winona and Gary Havir 350 Main Street North, Unit 324 Stillwater, MN 55082 (612) 719-9007 Winona.Havir@horacemann.com Gary.Havir@horacemann.com CC: Dave Luth, President Stillwater Mills on Main Association Unit 246 dgluth@earthlink.net Phone: (651) 777-2737 Patrick Juetten, Chief Manager of the Stillwater Mills Commercial space patrick@pvcap.com Securities offered through Horace Mann Investors, Inc. | Member FINRA | 1 Horace Mann Plaza | Springfield, IL 62715-0001 | 217-789-2500 | horacemann.com 1 Bill Turnblad From:Judy Holderbach <judie320@gmail.com> Sent:Tuesday, March 27, 2018 6:54 PM To:David Junker; Abbi Wittman; Bill Turnblad; Shawn Sanders Subject:Commercial Garage at 350 Main St N in Stillwater I would like to voice my concerns over the talked about proposal to make the commercial garage open to the public as a parking lot. This worries me as far as the security of our condos. We have four entrances from garage, which are locked, but if this is opened to public, I am fearful that access could be gained to our homes. We value the fact that we feel secure in our residences at this time and would like to maintain that security. l am strongly against the opening of the garage as a public parking area. When thinking about it, all I can see are future problems. It is not set up for Public parking and could end up bringing about more problematic situations than positive ones. I hope you will consider my feelings on this matter. Thank you Judy Holderbach Unit 242--350 N Main ST 1 Bill Turnblad From:David Junker Sent:Sunday, April 01, 2018 8:20 PM To:Bill Turnblad Subject:Fwd: Mr. Junker: In case you did not get this one, thanks Sent from my iPad Begin forwarded message: From: Sharon Ketz <sharonrketz@gmail.com> Date: March 29, 2018 at 3:28:01 PM CDT To: <djunker@ci.stillwater.mn.us> Subject: Mr. Junker: Mr. Junker: In regard to Commercial Use Permit issued 18 years ago, we were never aware of this building requirement and were sold our condo on the premise. Neither our community nor the Commercial Manager was aware of the conditions set forth in CUP. I believe that these conditions seriously threaten the security of our building. Not only vehicles, but also pedestrians would have access to our condo through the four doors that open into the garage area. Since vehicle owners need access to the building and the restrooms, it would be necessarily open to all pedestrians. Also the doors to the residents garage would be vulnerable because of being adjacent to the public parking. Public parking, open 24 hours day and 7 days a week would be a serious threat to the security of our building. At this time there is an access code to enter the commercial garage, a code access to the front door and another to enter the condo proper. I like this kind of security. As well advanced senior citizens, this security is very important. The security of this building was a major priority when researching our move to Stillwater, and we feel that we need this I can’t understand how our garage would improve the parking situation in Stillwater. The clients and employees of the businesses in the building, as well as our guests would need to park on the street. It seems that would be just trading one space for another. Another issue would be parking for the business clients or condo guests that are elderly or handicapped. Will the city provide additional handicap parking? Also, many handicapped citizens drive their own vehicles. Imagine trying to exit your car with a walker or wheelchair into the heavy traffic on Main Street, Stillwater? Would the City be financially responsible for potential injuries? I feel that with the taxes paid by the over 90 residents of this community, the fact that we patronize businesses up and down Main Street, and the value of this property benefits the city, that you have a responsibility to us, the taxpayers. I hope that this issue can be resolved reasonably and fairly. Respectfully 2 Sharon Ketz 350 Main St N #362 Stillwater, MN. 55082 651-351-0027 Sent from my iPad Jenn Sundberg From: JUNE KOLODZIESKi <kolodzieski@msn.com> Saturday, March 31, 2018 5:28 PM Sent: To: Cc: David Junker; Abbi Wittman; Bill Turnblad; Shawn Sanders; Barb & Steve Scribner patrick@pvcap.com; dgluth@earthlink.net Subject: CUP for commercial garage at Stillwater Mills Regarding special hearing on April 3rd at City Hall: We are residents of Stillwater Mills and have thoroughly enjoyed living in Stillwater. However, my husband and I are very concerned about the potential for the commercial garage to have to stay open 24/7 . I can see no advantage for this change only negative impacts. The following are our greatest concerns: 1. being open continually would be a huge draw for homeless and possible bar patrons usage. Because our structure is closed from the elements, they would find this a great place to snuggle up, unlike the garage attached to Lowell Inn which is open to the elements. And even in that garage, I have personally come upon homeless especially in the stairwells there, charging their phones and getting a respite from the weather. I believe this would pose a huge security issue. And those who use it legitimally would certainly have a right to be uncomfortable going to and from their cars or into storage areas. 2. because this would be open and there can not be reserved parking, the Mills residents would loose IO spaces dedicated to our guests, family, etc. Not a small inconvenience. Again, one reason we moved here as I personally compared secured parking availability among several condos in St. Paul. 3. In addition, requiring bathroom access at 2:00 am for businesses that are all closed and do not receive customers at that time, seems like much more than is needed. We would have to strip our lobby down to nothing for fear of theft: no welcoming chairs, rug, Christmas Tree, or wall decorations. Please reconsider and grant a variance for this special circumstance. One of the reasons we moved to Stillwater was because we felt safe. We would hate to see this change. Respectfully, June and Ray Kolodzieski 350 Main St N, unit 354 Stillwater, MN 55082 651 829-4341 email: ko lo dz ies ki @ ms n.c o m 1 1 Bill Turnblad From:CeCe <ccluth@earthlink.net> Sent:Wednesday, March 14, 2018 7:22 AM To:David Junker; Abbi Wittman; Bill Turnblad; Shawn Sanders Subject:Garage Parking 350 Main St. N., Stillwater, MN As a resident of Stillwater Mills, 350 Main St. N., it has been brought to my attention that the first floor of indoor garage parking, also known as the “Commercial” area of parking for the building, is being considered for use as totally public parking. This news is more than disturbing for a variety of reasons. 1. When we purchased our condo 8 years ago, one of the most attractive amenities was that of indoor parking for our guests. We will lose this very valuable asset if the garage becomes open to the public - and our guests would then have to pay a parking fee which is not what we bargained for when we based our home purchase on this desirable amenity. 2. Another highly valued feature for residents of this condo building is the security. It is our understanding, if the garage area becomes public parking, the door between the garage and our “outer” lobby (which is currently only unlocked during business hours) will be unlocked 24 hours, 7 days a week, to allow access to the restroom in that lobby area. This is a huge security concern as this lobby is pleasantly decorated for the enjoyment of our business occupants and residents, and we feel with 24 hour public access it opens the area to possibility of theft of items as well as vandalism to say nothing of removing one level of entrance security to the residents’ area of the building. 3. There are businesses on the first floor of this building that use that parking area for their employees and clients - a valuable asset for those concerned. It is my feeling it is not necessary to open this space to public parking. This space has been here for 10 years, it is part of our building community space and we would not be pleased to see this open to the public. It is good to see Stillwater grow and improve, but the sudden need for this space to become part of the public parking network in Stillwater is not appreciated by owners of space in this building. There is a ramp connected to the new hotel - that should satisfy their parking needs - any further growth of event, hotels, or other such places of business should determine how they will handle the additional vehicles when they plan the venue - and not impact parking space that was considered for the use of owners and guests of this or any other building. Cecilia Luth 350 Main St. N. #246 Stillwater, MN 55082 1 Bill Turnblad From:Bob McAdam <bob@landmarkcustomhomes.com> Sent:Sunday, March 18, 2018 3:19 PM To:djunker@ci.stillwater.mn; Abbi Wittman; Bill Turnblad; Shawn Sanders To Whom It May Concern, My wife, Dianne, and I recently moved to 350 Main Street N., Stillwater Mills. One of the reasons that we chose our home was the security that it provided us. It has been brought to our attention that the commercial area and our lobby are being considered to be opened to the public as public parking. This is of grave concern to us, for our well being and safety. The fact that you are considering having the door between the garage and our lobby and the restroom open 24 hours a day, 7 days a week is unacceptable. This area has been decorated by Stillwater Mills residents and is enjoyed by the residents. The possibility of theft, vandalism and homeless people is very worrisome and scary. Our daughter works at ReMax and is sometimes there at night. This would be a huge worry to her and to us if this area was open to anyone 24 hours a day and night One of the reasons that we bought here was for the extra 10 parking spaces available to our guests. The proposal takes that away from all of the residents who utilize these spaces. We love to see the rebirth and growth in downtown Stillwater We feel, though, that the hotels and event centers should have had a plan for parking before opening. We certainly didn’t think that their plan would be to use our parking area and lobby to achieve their goals. We are confident that you will listen to our concerns and think carefully about the problems that could occur if the garage and lobby are opened to the public. Thank you. Robert and Dianne McAdam 350 Main Street N # 454 Stillwater MN Sent from Mail for Windows 10 1 Bill Turnblad From:Cameron Murray <ctmurray@mac.com> Sent:Monday, March 12, 2018 7:28 PM To:Abbi Wittman; Bill Turnblad Subject:Parking in the commercial spaces at Stillwater Mills Attachments:2005-02-01 CC Packet - review of Nov 2003 public hearing.pdf; 2005-02-01 CC MIN - Public bathrooms.pdf I heard via email today that the owner of the commercial parking garage is meeting with the city on April 3. I researched this a while back and found the City Packet with the CUP (attached 2005-02-01 CC Packet Re), and indeed condition 6J mentions the commercial garage should be open for parking after business hours. In the note from the President of our homeowners association it is implied by the commercial garage owner that the bathrooms just off the parking garage, in our vestibule, must stay open during these public parking hours. The door between the garage and our vestibule is unlocked during business hours as this bathroom is used by some of the commercial clients. But after hours this is locked, and only resident key fobs can open. As this door forms part of our security system, the residents are very concerned about having this door open 24 hours a day (leaving the vestibule open 24 hrs). In the meeting minutes document attached "2005-02-01 CC Min - Public Bathrooms", on page 7 and 8 the council denied the request to not have public bathrooms. In a discussion after the vote, the developer mentioned he is concerned with the security issue associated with this bathroom. Quoting the document; "Councilmember Junker noted that the City did not anticipate that the restrooms would be available around the clock, that it was assumed when retail spaces close, the restrooms would be closed to the public”. The council had the document I attached ( "2005-02-01 CC Packet review of Nov 2003 packet”) at this meeting, and it contains the provision 6J stating the garage should be open after business hours. So the council knew they were allowing the closing of the bathroom after business hours while the garage was open. So I am asking if the city has other documents regarding the bathroom issue, or if the city is not requiring access to the vestibule bathrooms after hours, could you please contact Dave Luth, dgluth@earthlink.net, or call 651- 777-2737? Thanks Cam Murray 1 Bill Turnblad From:Pat Johnson <potsym@gmail.com> Sent:Tuesday, March 20, 2018 11:54 AM To:Abbi Wittman Subject:City Planner This is a response to the cities plan to open our commercial garage 24/7 to the public…. I have been a resident of the Stillwater Mills Condo Building since 2006. The opening of the garage to the public would be a disservice to all who live here. There is mostly the issue of security. We could have transits sleeping in our lobby overnight. People waiting to walk in with residents at all hours…That would be very hard to stop as once they are in who knows where they would be headed . I am 89 years old, would I be able to deter anyone. What about the bathroom issue..We could have anyone using the lobby bathrooms at all hours. Who would be taking care of the cleaning of these bathrooms? Even the bathroomsin the river park are closed at 9 pm.. We are given parking for our guests, what will happen to them.. Will we be given security guards? I do not know whose idea this was, but it certainly will be detrimental to the residents of this building. Sincerely. Pat Johnson #333 1 Bill Turnblad From:Sher J <sherryl.johnson59@gmail.com> Sent:Sunday, March 18, 2018 7:02 PM To:David Junker; Abbi Wittman; Bill Turnblad; ssanders@ci.stlillwater.mn.us Cc:patrick@pvcap.com; Dave Luth; Bob MacDonald Subject:concerns about the CUP provision for Stillwater Mills homeowners To: Council Member: Dave Junker City Planner: Abbi Jo Wittman Community Development Director: Bill Turnblad Director of Public Works/City Engineer: Shawn Sanders From: Sherryl Johnson, Ed.D. Stillwater Mills Homeowner RE: Striking the "J" provision of the CUP provision Thank you for your service to the City of Stillwater. As you face your decision about whether or not to enforce the "J" component of the Conditional Use Permit established in 2006, please consider these concerns that I share with my fellow homeowners here at the Mills. I have been a homeowner here for nine years and have served on our Board of Directors for nearly half of those years. 1). Security. Will there by any possibility that the public will enter our private or commercially shared property, i.e. our front or inner lobbies, our lobby bathrooms? (These areas were not designed for heavy public use - only for residential use. Homeowners here purchased their properties with no expectation that the lobbies would have public access that might violate their security.) 2) If so, how will security be provided for those areas? Who will pay for property damage? Is the City liable for security and damage and maintenance costs? 3) Why is the "J" component implementation now being considered 12 years after the provision was written and then left idle? 4) With the loss of the commercial area parking, will the Mills still meet the City's criteria for the number of parking spots per number of household units? 5). Businesses in the Mills building will potentially lose their use of evening and weekend parking spots and they will lose their extra income from the space that Mills residents now rent for use for their additional vehicles. It is important for this decision group to remember that the downtown condo homeowners provide very substantial income to the City. It is my understanding that the Lofts and the Mills alone at about 150 units compare with close to 300 households in terms of tax income and yet the sewer provisions and street and curbing requirements are far less for the condos than that required for the same number of houses. This means lots of tax income from the condo homeowners stays in the City's coffers. Another cost-savings for the city with these condos is that condo homeowners are largely empty-nesters meaning that the taxes we pay are not spent to school our children nor likely to police our bad behavior on the roads, etc. So the City largely benefits from the taxes that we pay. Please positively consider striking the "J" provision from the CUP agreement with the Mills condo's and commercial. 2 Thank you. Sherryl -- Sherryl L. Johnson, Ed.D. March 25, 2018 To: Dave Junker Abbi Jo Wittman Bill Turnblad Shawn Sanders Cc: Patrick Juetten Subject: Stillwater Mills Commercial Parking Lot The number one concern in regard to opening up the Commercial Parking Lot at Stillwater Mills to the public, 24/7 is safety. We have a very secure building with only Stillwater Mills residents and their guests allowed in our outer lobby after normal business hours. I can see this safety changing significantly with opening these areas up to the public 24/7. What is to prevent homeless from entering this heated garage and sleeping overnight. What is to prevent people from congregating in the lobby and parking lot after the bars close, harassing the home owners as they try to enter the building. This building does not only occupy several businesses, but is home to approximately 100 families. With this change, parking for resident guests will probably be discontinued, which is a concern to those who live in the building. I have been in the public parking ramp next to the Lowell in and have seen garbage, such as beer cans, miscellaneous trash throw up and even used condoms laying around, I do not want to see that in the place I live. I do not understand how the city would be allowed to turn a privately owned parking ramp into a public ramp. Concerned Downtown Resident David and Lynn Sontag 350 Main St N, Unit 234 Stillwater MN 55082 1 Bill Turnblad From:Jenn Sundberg Sent:Friday, April 13, 2018 8:07 AM To:Bill Turnblad Subject:FW: Case No. CPC/2018-11 Homeowner of 350 Main Street Feedback FYI From: Jessica Rennich [mailto:jessicarennich@gmail.com] Sent: Thursday, April 12, 2018 1:19 PM To: Jenn Sundberg <jsundberg@ci.stillwater.mn.us> Subject: Case No. CPC/2018-11 Homeowner of 350 Main Street Feedback Hello Jenn, I am sending this letter in regards to the city of Stillwater wanting to allow public parking in the commercial parking garage at 350 Main Street (Stillwater Mills condo). I am not able to attend the public meetings due to work travel. I have been a resident in this building for 10 years and am 31 years old, I own a condo in the building. I am strictly opposed to the city allowing public parking in my home for two reasons: 1.) Building safety - I own a dog and frequently walk through the commercial space alone at night to take my dog to the designated dog relief areas which are located outside the commercial garage. I have witnessed on three separate occasions when the building security has kept uninvited trouble makers out of the commercial garage. Once when teens were trying to enter through a secure door at night with skateboards, I asked them to leave and informed them it was a private building not a public space. The second time was a drunk driver trying to escape the police from PD Pappy's across the street, the driver tried pulling into our commercial garage but because it was locked and secure he could not enter and the police were able to stop him while blocking the entrance into our building. A third time was last summer when very intoxicated individuals tried entering our building and since they were not able to they smashed alcohol bottles on Mulberry Street. I had to call public works to have the mess cleaned up. These are three instances in my personal experience where the wrong people tried entering our secure residence for the wrong reasons through the commercial garage. Due to the building being secure and not a public space, it kept these safety threats from entering into our residence. 2.) I pay for maintenance and building wear and tear through my HOA dues. Simple yet costly equipment such as garage doors, openers, security points and HVAC for removing the fumes will see increased use. As a homeowner I am the one who pays for these repairs to the building. What happens if a person injures them self and tries to sue our HOA, or causes property damage inside this space as a result of the property being opened for public use - who pays for this? For example, there is no smoking inside the commercial garage, what if an individual tosses a cigarette on the floor and it catches fire, does the city pay for this as it was a "public" space? Will the city contribute to the building's reserve funds for paying for things like maintenance, cleaning and repair to our garage? 2 My largest concern with the city allowing the public to use my residence for parking is security. There are many doors that access our home through the commercial garage. The city would be removing a safety barrier by allowing public parking in our residence. The city will see an increase in police calls due to the wrong behavior taking place in a very private, low visibility residence parking garage. Thank you for listening to my concern over the issue with allowing the public to use our residence as a parking garage. If you can reply to my email letting me know this has been received and will be taken into consideration would be greatly appreciated. Sincerely, Jessica Rennich 350 Main Street Stillwater, MN 55082 CITY COUNCIL DATE: April 26, 2018 TOPIC: Ordinance amendment to allow outside events in PA, Public/Institutional Zoning District FROM: Bill Turnblad, Community Development Director INTRODUCTION At the April 3, 2018 City Council meeting staff was directed to draft an ordinance that would allow the Library to operate outside events by Special Use Permit. COMMENTS Attached is the first draft of an ordinance that would add the PA, Public/Institutional Zoning District to the list of districts that allow outside events with a Special Use Permit. The BP-I, Business Park – Industrial Zoning District was also added in anticipation of the Lift Bridge Brewery facility being planned for the BP-I property just west of the Lakeview Clinic. A first draft of a Special Use Permit Resolution for the Library is also attached. Conditions that are found in the Resolution are from the Library’s adopted event policy. REQUEST Staff requests the Council to review and comment on the first drafts. Attachments: Draft Ordinance Draft Special Use Permit 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 outside events in the PA, Public/Institutional and BP-I, Business Park - Industrial Zoning Districts by Special Use Permit. 1. Amending. Stillwater City Code Section 31-325, Allowable uses in residential districts, is amended as follows: 8 These uses may be approved directly by the city council if the event is a one-time special event not occurring on a regular basis. 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 May, 2018. CITY OF STILLWATER ______________________________ Ted Kozlowski, Mayor ATTEST: _______________________________ Diane F. Ward, City Clerk Allowable uses Zoning Districts CA CBD VC BP-C BP-O BP-I CRD PA PWFD PROS Outside sales or special events8 SUP SUP SUP SUP SUP CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR THE STILLWATER PUBLIC LIBRARY CPC CASE NO. 2018- WHEREAS, outdoor events are allowed in the PA, Public/Institutional Zoning District with a Special Use Permit; and WHEREAS, the Stillwater Public Library is located within the PA, Public/Institutional Zoning District and has submitted a planning application requesting a Special Use Permit to operate outdoor events on the library property; and WHEREAS, on ____________, 2018 the Planning Commission held a public hearing on the Special Use Permit request. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Stillwater hereby approves the Special Use Permit because it finds the requested use to conform to the Zoning Code, the Comprehensive Plan, and other lawful regulations; and further finds that with the conditions below, the use will not constitute a nuisance or be detrimental to the public welfare of the community. 1. Rental is available on Fridays and Saturdays from 8:00 a.m. until 12:00 midnight. All events must end by 11:00 p.m. to allow for clean-up and closing by midnight. Sunday through Thursday, event rental is available from 9:00 a.m. to 9:00 p.m. Upon receiving an application, the Library Board may make an exception to the Sunday through Thursday schedule. The Venue Coordinator will work with the Renter to determine arrival and departure times. Catering and rental equipment/supplies must be delivered and picked up on the day of the event. The Venue Coordinator must approve, in writing, any arrangements for early or late delivery and/or pickup. 2. The Renter is required to put down a $500.00 Noise Deposit at least five days prior to the event. This deposit will be returned after the event if there have been no infractions of the Library Noise Procedures. 3. Bands, DJs and any other musician who provides amplified sound for the Renter will be instructed by the Library Venue Coordinator of our strict noise procedures. They will be given a copy of the City of Stillwater Code that pertains to noise and instructed about the decibel levels within compliance and penalties incurred for noncompliance. 4. Bands and DJs must honor requests from the Library Venue Coordinator, on-site Security Officer, Library Staff or Stillwater City Police for music to be turned down. The Library retains the right to end the play of music at any time if a request to turn Page 2 of 2 the music down is not obeyed. The Library retains the right to determine reasonable volume, amplification and bass levels. 5. All bands and DJs must keep the volume levels within City of Stillwater Noise Ordinance compliance. All requests for reduction of music/sound from the Library Staff or Security Officer must be obeyed. Vendors of the Renter are in violation of the general prohibition of noise when complaints have been made by neighbors of the Library and enforcement of/and criminal penalties may be incurred. 6. All outdoor amplified music/sound must end no later than 10:00 p.m. on Friday and Saturdays. On Sundays through Thursdays, all outdoor amplified music/sound must end no later than 8:00 p.m. unless a special allowance has been approved by the Library Board. 7. All vendor’s vehicles must be single-parked next to the ramp in the designated area for efficient loading and unloading of event materials. Noise from carts, dollies, and hauling of equipment should be done in a quiet and respectful manner. 8. Vendor staff should also remember that the Library is located in a residential neighborhood. After 8:00 p.m., staff conversations should be kept at a soft/low level that is respectful to the neighbors living near the Library. 9. The Library is not responsible for the noise or activities of the Renter and their guests outside the Stillwater Library premises. Enacted by the City Council of the City of Stillwater, Minnesota this _____ day of ____________, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Date: May 9, 2018 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Summer Tuesdays Noise Ordinance Waiver Approval of Event & Contract Summer Tuesdays is proposed to take place on seven Tuesdays from July to August, starting at 4:00 p.m. however because their event will extend past the 10:00 p.m. noise ordinance requirement, they have requested a waiver of the noise ordinance to 11:00 p.m. The application for 2018 is the same as last years which entails doing the movie in the new amphitheater, only use parking lot 5 (the new smaller lot) for food vendors and the retail vendors will be in the park instead of a parking lot. They will be blocking Sam Bloomer Way in front of gazebo (see map) but access to the south remains open as well as Parking Lot 4. They will provide their own barricades. No portable restrooms are required. Fees are based on the 2018 Fee Schedule and Special Event Policy: Base fee = $500 per day X 7 dates = 3,500.00 1 electrical box - $20 per outlet X 7 dates = $140.00 Amphitheater Rental - $125 per day x 7 dates = $875.00 Parking Lot #5 – $1.50 per space X 7 spaces X 7 dates = $73.50 Security Deposit = $1,000 ($800.00 on file) Total amount due by June 15, 2018: $_____________ It is staff’s understanding that the Organizer may request waiving of the base fee. RECOMMENDATION: If a fee waiver is requested, staff recommends that a $500 be charged to be consistent with other 1 day events that will pay $500 to use the park. There have not been any issues in the past therefore staff recommends approval of the noise waiver until 11:00 p.m. for Summer Tuesdays and payment for fees by June 15, 2018. APPROVAL OF 2018 SUMMER TUESDAYS SPECIAL EVENT, CONTRACT AND WAIVER TO THE CITY’S NOISE ORDINANCE WHEREAS, Summer Tuesdays have submitted a Special Event application for 2018 for review and approval by the City staff and City Council; and WHEREAS, as part of that review, a waiver to the City’s Noise Ordinance is required as the event will pass the 10:00 p.m. requirement (City Code Section 38-3, Subd. 3). BE IT RESOLVED, by the City Council of Stillwater, MN that the following is hereby approved: 1. Special event and contract between Summer Tuesdays, Inc. and the City of Stillwater, as file with the City Clerk. 2. Noise Variance until 11:00 p.m. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the contract. Adopted by the City Council of the City of Stillwater this 1st day of May, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk SUMMER TUESDAYS AGREEMENT 2018 THIS AGREEMENT (the “Agreement”) is made this __________day of May, 2018 by and between the CITY OF STILLWATER, Washington County, Minnesota (the “City”), and the SUMMER TUESDAYS, INC., a Minnesota nonprofit corporation (the “Organizer”). WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit Summer Tuesdays Inc. to organize and conduct to celebrate summer with a Market, Music and a Movie Lowell Park, in July and August 2018 in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Festival agree as follows: 1. Security Deposit: A damage deposit of $1000.00 is required in case there is damage to irrigation systems and the City’s park. 2. Event/Alcohol. No alcohol will be served during this event and no Other Alcohol or Coolers are allowed. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the park. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Dates and Hours of Event. Operations are limited as follows: July 10, 17, 24, 31 and August 7, 14, 21, 2018 (7 dates) from 5:00 p.m. to 11:00 p.m. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. THE ORGANIZER IS AWARE AND WILL INFORM ALL VENDORS AND EVENT PARTICIPANTS THAT STAKING INTO THE ASPHALT FOR TENTS, ETC. IS NOT ALLOWED (ANY DAMAGE REPAIR WILL BE PAID FOR BY THE EVENT ORGANIZER). The Event is given use of Lot 5. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. 8. Trail. 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. 9. Park Property. Lessee shall ensure that no vehicles drive on the City’s park property. In the event that damages occur to the City’s property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system can be damaged by stakes or posts that are driven into the ground. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made to the any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the event. Organizer shall request the City to locate the irrigation system prior to event. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restrooms. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public works Superintendent. b. Barricade Placement. Lessee may at 8:00 am place barricades at the parking lot entrance on Myrtle Street. Barricade placement for Sam Bloomer way shall not occur until two hours prior to the event. c. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity and Water. Each electrical box needed for the Event will be opened by the City prior to each event. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. e. The City shall provide the Organizer a key for the water shut off valve. The Organizer shall provide a $50 deposit for such key and will be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Monday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Monday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 12. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City’s Sanitary or Storm Systems. c. The Organizer agrees to provide 1 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 13. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event’s authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 14. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 15. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 16. The Organizer hereby agrees to follow the City’s Special Event Policy. IN WITNESS WHEREOF, the parties have set their hands this ____________ day of May, 2018. SUMMER TUESDAY’S INC. _________________________________ Its_______________________________ Signature _________________________________ Print Name STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2018, by ______________________________, it’s _____________________________________________ for the Summer Tuesday’s Inc. Notary Public CITY OF STILLWATER _________________________________ Ted Kozlowski, Its Mayor ATTEST: ______________________________________________ Diane F. Ward, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2018, by Ted Kozlowski, Mayor, and Diane F. Ward, City Clerk, on behalf of the CITY OF STILLWATER. Notary Public Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No D Yes ~ . !}-/,eve_ /?1d ,>1 .5fr62.+ Number and size: z £/ . Le ~ ,le. ;,I: -/ ""I ,e,tvl' ..- Will there be any inflatables? No Ix] Yes D Insurance certificate from rental vendor is required Will there be entertainment? No D Yes ~ What type: Live Music Fees for electricity may apply see Instructions Will sound amplification be used? No D Yes [Zl Hours and Type : 5-11pm Will a stage or tent(s) be set up? No IZl Yes D Dimensions: Will there be temporary fencing? No IX] Yes D Will merchandise/food items be sold? No D Yes [ZJ How many '(() Fees for electricity may vendors expected: apply see Instructions Will food be prepared on site? No D Yes [Zl Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No D Yes [ZJ Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No ~ Yes D See Alcohol Regulations in the Instructions Will alcohol be sold? No ~ Yes D See Alcohol Regulations in the Instructions Will there be a fireworks display? No ~ Yes D Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. 1 gray box in lot 5; power boxes on the amphitheater stage Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Flyers, press release, social media City Services (After reviewing the event application, City services may be requrled for the event.) Will event use, close or block any of the following : If yes specify location on site map . City Streets or Right -of-way No D Yes [ZJ Start/End Time : Date : City Sidewalks or Trails No [Z) Yes D Start/End Time : Date : Public Parking Lots or Spaces No D Yes ~ Start/End Ti me: 8 am Date : 12 , Midnight Will event need barricade(s)? No 18] Yes D Number needed : Fees may apply see Instructions W i ll extra picnic tables be needed? No IZl Yes D Number needed : Fees may apply see Instructions ,·,,100· h(? \I~+~ \ l MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: April 27, 2018 Re: 2018 Street Improvement Project (Project 2018-02) DISCUSSION Plans and specifications for the 2018 Street Improvement Project are near completion and staff is requesting approval for the plans and specifications and authorization to bid. Bid opening is scheduled for June 5th and bid results will be presented to Council at the June 5th meeting RECOMMENDATION It is recommended that Council approve plans and specifications for the 2018 Street Improvement Project and order advertisement for bids for the project. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2018-APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2018 STREET IMPROVEMENT PROJECT 2018-02 APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2018 STREET IMPROVEMENT PROJECT (PROJECT 2018-02) WHEREAS, pursuant to a resolution passed by the Council on April 17, 2018, the City Engineer has prepared plans and specifications for the 2018 Street Improvement Project (Project 2018-02) and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and online at QuestCDN.com the advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and for two weeks online at QuestCDN.com and shall specify the work to be done, shall state that bids will be received by the City Clerk until June 5, 2018, at 10:00 am at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on June 5, 2018 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount of the bid. Adopted by the Council this 1st day of May 2018. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Shawn sant's� Director of Public Works DATE: April 23, 2018 SUBJECT: 2018 Sidewalk Rehabilitation Project DISCUSSION: It is proposed to have a sidewalk rehabilitation project in 2018. An amount of $100,000 has been budgeted for this year's project. Sidewalk replacements are paid 50% from City funds and 50% from assessments to the adjacent property owner. Sidewalks to be included in the project are those that are severely cracked, heaved, settled, or misaligned, such that they may cause people to trip. We will focus on areas in the downtown area not included in this year's street project and in the North Hill area. In order to proceed with the project this year, the first step is for Council to authorize staff to prepare a feasibility report. RECOMMENDATION: It is recommended that Council consider a sidewalk rehabilitation project for 2018 and authorize staff to prepare a feasibility report. ACTION REQUIRED: If Council concurs with the recommendation they should pass a motion approving RESOLUTION 2018-RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE 2018 SIDEWALK REHABILITATION PROJECT (PROJECT 2018-03). RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR 2018 SIDEWALK REHABILITATION PROJECT PROJECT 2018-03 BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 1st day of May, 2018. Ted Kozlowski, Mayor ATTEST: ------------Di an e F. Ward, City Clerk TO: Mayor & City Council FROM: Diane Ward, City Clerk DATE: April 27, 2018 RE: Update on Annual Commission Reappointment/Vacancies Downtown Parking Commission Name Ward Expiring Term Requests Reappt New Applicant Open Seats: 2 Jeffrey Johnson 4 3rd yes Aimee Pelletier 1 3rd yes Nick Gorski 2  RECOMMENDATION: To reappoint Ms. Pelletier and Mr. Johnson. Heritage Preservation Commission Name Ward Expiring Term Requests Reappt New Applicant Open Seats: 2 Reggie Krakowski 2 3rd yes Brian Larson 2 2nd yes Ms. Shann Finwall 2  John Rheinberger 2  RECOMMENDATION: To reappoint Messrs. Krakowski and Larson. Human Rights Commission Name Ward Expiring Term Requests Reappt New Applicant Open Seats: 2 adult 1 student Melissa May 2 2nd yes Larry Panciera 2 Unexp term of Griffin yes Laura Super 1  RECOMMENDATION: To reappoint Ms. May and Mr. Panciera. April 27, 2018 2 | Page Park & Recreation Commission Name Ward Expiring Term Requests Reappt New Applicant Open Seats: 3 Linda Amrein 2 9th yes Scott Christensen 2 3rd yes Sandy Snellman 4 7th yes Allison McGinnis 1  Don Ganje 2  John Rheinberger 2  Laura Super 1  RECOMMENDATION: To reappoint Ms. Amrein, Ms. Snellman, and Mr. Christiansen. Planning Commission Name Ward Expiring Term Requests Reappt New Applicant Open Seats: 3 7 members, plus Council Rep Ryan Collins 1 1st yes Mike Kocon 4 3rd yes Chris Lauer 1 1st yes RECOMMENDATION: To reappoint Messrs. Collins, Kocon, and Lauer. Traffic Safety Review Committee Name Ward Expiring Term Requests Reappt New Applicant Open Seats: 1 Jared Prom 3 2nd No Jonathan Baller 2  Mark Koegel 1  Wendy Gorski 2  RECOMMENDATION: Council should recommend whether to appoint any of the new applicants. /nm APPROVAL OF APPOINTMENTS TO THE COMMISSIONS OF DOWNTOWN PARKING, HERITAGE PRESERVATION, HUMAN RIGHTS, PARK AND RECREATION, AND PLANNING NOW THEREFORE, BE IT RESOLVED, that City Council of the City of Stillwater, Minnesota, at their May 1, 2018 regular City Council meeting hereby appoints the following: Commission Member Ward Term Term Ending Downtown Parking Jeffrey Johnson 4 4th May 1, 2021 Downtown Parking Aimee Pelletier 1 4th May 1, 2021 Heritage Preservation Reggie Krakowski 2 4th May 1, 2021 Heritage Preservation Brian Larson 2 3rd May 1, 2021 Human Rights Melissa May 2 3rd May 1, 2021 Human Rights Larry Panciera 2 1st full May 1, 2021 Park and Recreation Linda Amrein 2 10th May 1, 2021 Park and Recreation Scott Christensen 2 4th May 1, 2021 Park and Recreation Sandy Snellman 4 8th May 1, 2021 Planning Ryan Collins 1 2nd May 1, 2021 Planning Mike Kocon 4 4th May 1, 2021 Planning Chris Lauer 1 2nd May 1, 2021 Adopted by Stillwater City Council this 1st day of May, 2018. Ted Kozlowski, Mayor ATTEST Diane F. Ward, City Clerk WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MAY 1, 2018 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration ITEM A. Approval of April 10, 2018 and April 17, 2018 County Board Meeting Minutes. B. Approval of county comments on the creation of Tax Increment Financing District 1-18 in the City of Cottage Grove and direction to submit comments in a letter signed by the Deputy County Administrator. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Asslstive listening devices are avaffable for use In the County Board Room If you need assistance due to disability or language barrilII, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * APRIL 24, 2018 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Community Services Sheriffs Office ITEM A. Approval of county comments on the creation of Tax Increment Financing District #1-3 in the City of Oak Park Heights and direction to submit comments in a letter signed by the Deputy County Administrator. B. Approval of grant application for the Community Living Infrastructure grant through the Department of Human Services. C. Authorization to transfer ownership of Washington County Sheriffs Office K9 Rumble to his handler, former Deputy Vuepao Thao. D. Approve a Joint Powers Agreement between the City of Oakdale, City of Woodbury, and Washington County for the East Metro Sex Trafficking Task Force and authorize its execution pursuant to Minn. Stat. 373.02. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room If you need assistance due to disabfllty or language ba"ier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER 1 Nancy Manos From:May Yang <myang@greatrivergreening.org> Sent:Thursday, April 26, 2018 2:36 PM Subject:Restoration Volunteer Opportunity (5/30) Attachments:5.30 Woodbury Restoration Event.pdf To whom it may concern, My name is May Yang and I am the Community Outreach Coordinator at Great River Greening. Great River Greening is an environmental non‐profit organization and we have worked alongside with more than 42,000 volunteers in removing invasive species and plant native trees, flowers, and grasses. Our mission is to engage and educate the local community and volunteers with hands‐on conservation practices to protect and improve the water quality. I am reaching out to the you as we are looking for participants in our upcoming restoration event. Please share this unique volunteer opportunity! The event will happen in the middle of the day and we understand if people are not able to attend the event. The participants’ engagement will create a meaningful impact to the local community, native wildlife and plants, and water quality in Minnesota. I have provided an attachment of the flier and more information below. Planting in Pollinator Corridor Wednesday, May 30, Time: 10:00 am – 2:00 pm Ojibway Park Rd and Lake Rd (Approximately 7422 Lake Rd), Woodbury, Minnesota, 55125 Volunteers will walk a mile to the beautiful site on flat terrain to plant 5,000 pollinator‐friendly plants and it will improve the natural habitat and provide food for pollinators. Open to all ages and lunch will be provided. Pre‐registration is required: https://www.greatrivergreening.org/events/planting‐in‐pollinator‐corridor/ We would greatly appreciate if you share the opportunity through Facebook. Please let me know if you have any questions. Thank you! May Yang Community Outreach Coordinator :: Great River Greening p. 651-272-3993 | myang@greatrivergreening.org | www.greatrivergreening.org Follow Great River Greening on: Facebook, Twitter, LinkedIn, and YouTube 2 Community Volunteer Event Join Great River Greening for our first public event at a pollinator corridor in Woodbury. Volunteers will walk a mile to the beautiful site on flat terrain to plant 5,000 pollinator-friendly plants and it will improve the natural habitat and provide food for pollinators. This communal space will provide educational principles on pollinators and produce harvestable seed source for the City of Woodbury. Light breakfast, snack, and lunch provided. All ages welcome, children must be supervised. Pre-registration is required, so sign up today! Needed: 50 Restoration Volunteers 7 Volunteer Supervisors* * Contact us if YOU want to manage volunteers as a Volunteer Supervisor. No experience necessary and free training is provided! Register at GreatRiverGreening.org/vol-events/ or contact May Yang, Community Outreach Coordinator volunteer@greatrivergreening.org or (651) 272-3993. RESTORING LAND, WATER AND WONDER Great River Greening inspires, engages and leads local communities in conserving and caring for the land and water that enrich our lives. Our events are fun, educational and rewarding. Join us and make a difference! greatrivergreening.org Planting in Pollinator Corridor Wednesday, May 30, Time: 10:00 am - 2:00 pm Woodbury Pollinator Corridor Ojibway Park Rd and Lake Rd, Woodbury, Minnesota, 55125 Partners & Funders: City of Woodbury, South Washington Conservation District, Butler Family Foundation, Andersen Corporate Foundation, Hordenbergh Foundation, 3M Foudation, and Ecolab