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2018-07-31 CC Agenda Packet
Sfi 1 Iwa1ter The Birthplace of Minnesota REGULAR MEETING RECESSED MEETING 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING July 31, 2018 (in lieu of August 7, 2018) NO CHANGE TO AGENDA 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Washington Avenue TH 36 Study- Kevin Hoglund Stantec 2. Manning Ave TH 36 Interchange - Washington County 3. Small Cell Wireless ordinance discussion IV. STAFF REPORTS 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Dir. 8. Public Works Dir. - Possible approval of noise variance request - 3rd Street S 9. Finance Director 10. City Attorney 11. City Administrator V. RECOGNITION OF CITY ATTORNEY MAGNUSON 7:00 P.M. AGENDA VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. APPROVAL OF MINUTES 12. Possible approval of the July 17, 2018 regular meeting minutes. X. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 13. Transit Loop Project - Sally Anderson, Executive Director of Community Thread XI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 14. Resolution 2018-161, directing payment of bills 15. Resolution 2018-162, approving of 2018 Forestry Contract 16. Resolution 2018-163, approving No On -Street Parking Zone along portions of South Third Street (County State Aid Highway (CSAH) 23) from East Walnut Street to East Chestnut Street (Project No. S.A.P. 082-623-008) 17. Resolution 2018-164, resolution adopting findings of fact, conclusions and order related to Forge & Foundry Craft Distillery (CPC Case No. 2018-22) 18. Resolution 2018-165, GreenStep Cities resolution 19. Resolution 2018-166, approving the issuance of a New On -sale and Sunday Liquor License to Restaurant 232, LLC, DBA: Match Stick 20. Possible approval to purchase 2019 Ford 550, plow, dump box and sander 21. Resolution 2018-167, approving the transfer of an On -sale and Sunday Liquor License from Smalley Caribbean Barbeque to Caribbean Smokehouse LLC, DBA: Caribbean Smokehouse 22. Resolution 2018-168, approving three year extension to engagement letter with ClifftonLarsonAllen for audit services XIII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 23. This is the date and time for a public hearing to consider the 2018 Sidewalk Rehabilitation Project, (Project 2018-03, L.I. 415) Notices were mailed to affected property owners and published in the Stillwater Gazette on July 20 and July 27, 2018. (Resolution - Roll Ca11) XIV. UNFINISHED BUSINESS 24. Consider request to delete the condition from the Mills on Main Special Use Permit that requires the commercial parking spaces to be made available to the public during non - business hours 25. Possible approval of plans and specifications and ordering advertisement for bids for the Marylane Drainage Project (Project 2018-08) (Resolution - Roll Call) 26. Possible approval of plans and specifications and ordering advertisement for bids for the Veterans Memorial Parking Lot Project (Project 2018-12) (Resolution - Roll Call) XV. NEW BUSINESS 27. Pollinator Friendly Alliance of Stillwater Sign Installation Request XVI. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVII. COMMUNICATIONS/REQUESTS XVIII. COUNCIL REQUEST ITEMS XIX. STAFF REPORTS (CONTINUED) XX. ADJOURNMENT TH 36 at Norell Ave. N /Washington Ave. Intersection Study ® Stantec TH 36 at Norell Avenue N/ Washington Avenue CRASH DATA ata 2011 - 2015 Intersection Number of Crashes (2011 - 2015) Fatal Personal Injury* Property Damage Total Crashes Type A Type B Type C TH 36 and Washington Avenue/Norell Avenue N 0 0 1 19 67 87 W Frontage Road and Washington Avenue 0 0 1 0 11 12 60th Street N and Norell Avenue N 0 0 3 14 29 46 *Personal Injury Crashes include Type A (Incapacitating Injury), Type B (Non -Incapacitating Injury , and Type C (Possible Injury). Table 2.2 - I • - - - - ' - - • sh and Sev - • 1 Location Crash Rate Severity Rate Calculated State Avg. Critical Calculated State Avg. Critical TH 36 and Washington/Norell Avenue N 1.13 0.41 0.61 1.40 0.59 0.83 W Frontage Road and Washington Avenue 0.44 0.18 0.42 0.51 0.27 0.54 60th Street N and Norell Avenue N 1.76 0.18 0.42 2.53 0.27 0.50 CITY OF OAK PARK HEIGHTS CITY OF STILLWATER MNDOT TH 36 AT NORELL AVE N/WASHINGTON AVE INTERSECTION STUDY CITY OF OAK PARK HEIGHTS CITY OF STILLWATER MNDOT TH 36 AT NORELL AVE N/WASHINGTON AVE INTERSECTION STUDY CITY OF OAK PARK HEIGHTS CITY OF STILLWATER MNDOT TH 36 AT NORELL AVE N/WASHINGTON AVE INTERSECTION STUDY • rfirie 1 l 4 m sdift AMIS Li CD .,_ter nr 4r 505- I ■ .11 P` r r 60TH ST N f ALTERNATIVE 3 CITY OF OAK PARK HEIGHTS CITY OF STILLWATER MNDOT TH 36 AT NORELL AVE N/WASHINGTON AVE INTERSECTION STUDY DATE: 05/21/2018 PROJ. NO.: 193804019 2 SIMONET'S LEXINGTON INN & SUITES r� GLES 94 EB TH 36 * 4 HERBERGER'S WB TH 36 AMERICAS BEST VALUE INN W FRONTAGE RD SPEED LIMIT 30 SPEED LIMIT N ICS) Stantec SCALE IN FEET P LI - yelk 6/ MIRA wi 11. G. ng Application Dro 540' 11! PROPOSED LAYOUT 4 NORELL AVE iJ s m ' Q NORWICH AVE N Awe - OAK PARK HEIGHTS, MINNESOTA TH 36 BACKAGE ROAD AND ROUNDABOUT FIGURE 2 Stantec DATE: 06/01/2018 PROJ. NO.: 193801828 2335 Highway 36 W St. Paul, MN 55113 www.stantec.com 2018 Sidewalk Rehabilitation Project Project purpose Main focus in the downtown area.people to tripmisaligned, such that they may cause severely cracked, heaved, settled, or Rehabilitate sidewalks that are Sidewalk locations Project Summary Total estimated cost: $100,268.00propertyInstall retaining wall along one .550 SFto Replacement ranges from 20 SF Sidewalk replacement Area: 5300 S.F.Properties involved: 44 Project Cost and Financing 4.5% interestAssess or $8263.00◦16,526.00$-Retaining Wall Assessed cost: $7.95 per square foot◦-cost50% of Assess ◦$83,724.24-Sidewalk costTotal estimated cost: $100,268.00 Project October 2018Assessment Hearing•Sept/Oct,2018Begin Construction•August 21 2018Approve plans July 31, 2018Public HearingTimeline RECOMMNEDATIONprepare plans and directing the engineer to ordering the improvement and desired, pass a resolution If •the public hearing. Conduct • Washington .-= County July 30, 2018 City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Washington County, 3rd Street (CSAH 23) Reconstruction Request for Variance to City Ordinance 38-3, Subd. 4. (3) Dear Mayor and Councilmembers: Public Works Department Donald J. Theisen, P.E. Director Wayne H. Sandberg, P.E. Deputy Director/County Engineer Washington County has started its planned reconstruction project on County State Aid Highway (CSAH) 23 (3rd Street) between Walnut and Chestnut Streets in the City of Stillwater. The project will fully replace the concrete driving surface, curb and gutter, and sidewalks. The new driving surface will be constructed of concrete. Enclosed, for your reference, is a location map. Proposed Work Washington County has selected Meyer Contracting as the General Contractor for the reconstruction project. Meyer has, in turn, subcontracted Doyle Connor as the concrete paving contractor. The County has specified in the contract that the contractor use a concrete paving machine for paving the two (11-ft) thru lanes on 3rd Street. This method of paving provides for the best possible product and driving surface. Concrete paving also requires the use of expansion/contraction joints and relief cuts to control concrete cracking, not only during the curing process, but also due to seasonal temperature variations. Concrete sawing must be completed within a 2-1/2 hour window. The concrete must develop sufficient strength to support sawing equipment. Concrete sawing must occur early enough to relieve stress, which may cause uncontrolled cracking. If sawing begins too early, the concrete may crumble while cutting. If sawing is too late, it may crack and the stress not relieved in time. The joints and cuts are accomplished by sawing the concrete. The following is the anticipated schedule for paving the two thru lanes: Setup for paving begins at 6:00 a.m. Paving for the mainline (2- 11ft. lanes) begins at 7:00 a.m. starting at the north end (Chestnut Street). - Paving anticipated to be completed between 12:00 p.m. and 2:00 p.m. approximately 150 ft. south of Walnut Street (south project limits). Sawing of expansion/contraction joints and relief cuts must be completed within 5-9 hours of placing the concrete. The time that sawing can begin is dependent on weather conditions, such as, temperature, humidity, wind, and cloud cover. Saw cutting anticipated to begin around 3:00 p.m. on the north end (Chestnut Street) and proceed south. Saw cutting expected to be complete by midnight; however, is dependent on how the concrete sets up. Page two Letter to July 30, 2018 The aforementioned schedule is merely an example that may occur under optimal conditions. Variance Requested Washington County requests a variance to Sec. 38-3- Noise Control and Regulation, Subd. 4 (Hourly restrictions on certain operations), (3) Construction Activities. The ordinance restricts construction activities to the hours of 7:00 a.m.- 10:00 p.m. Monday- Friday and 9:00 a.m.- 9:00 p.m. on the weekends. The County requests a change to hour restrictions outlined in the ordinance. The work would occur on a Friday, overnight into the following Saturday morning. We request a variance to allow work to begin at 6:00 a.m. on Friday and end by 2:00 a.m. Saturday. The County also requests a variance to allow work from 6:00 a.m. on Saturday to 2:00 a.m. Sunday to be used solely as a back-up in the event of a delay. The work is a one-time, overnight occurrence with the exact week to be determined. All other work is expected to take place during work hours outlined in the construction contract and as set by the ordinance. The extended time will allow the contractor to complete the work in the event of unforeseen circumstances and less than optimal conditions. Residents within a 300 ft. radius of the work area will be notified in advance of the potential late work. Cost/Impacts If the variance is not granted, the contractor would not be afforded the required time to complete the saw cutting resulting in uncontrolled cracking in the concrete surface. The cracking would potentially reduce the service life of the road surface. We look forward to your response and working with you to accomplish the work in a timely matter. Sincerely, Cory Slagle, P.E. Assistant County Engineer Enclosure: Location Map c: Wayne Sandberg, Washington County Public Works Gerritt Bangma, Washington County Public Works r:112304-conc rehablconstructionlcsah 23 request for variance.docx aA OI DAL 0 rIg GRANT :LAKE F ELMO /,. 11'OODB URY le COTTAGE GROVE This map is the result of a compilation and reproduction of land records as they appear in various Washington County offices. This map should be used for reference purposes only. Washington County is not responsible for any inaccuracies. � SCANDIA MAY TOWNSHIP STILLWATE MARINE ON ST CROIX 8 PORT WESTLAKELAND TOWNSHIP • DENMARK TOWNSHIP Washington � — STILLWATER CNFN` 11'Nj SqW WILLARD ST W W!LARD ST E CSAH 23 (3rd St S) Stillwater Walnut St E to Chestnut St E Scale 1:240,000 0 1 2 4 6 8 ��� Miles City o S t[Cewatett, LA4itinesota Cehtitteate of LAppheetation pempted to RESOLUTION 2018 -169 DAVID T. MAGNUSON WHEREAS, David .Magnuson, is retiring from his position as City .Attorney for the City of Stillwater, effective July 31, zo18. NOW THEREFORE, BE IT RESOLVED, by the City Counc iCof the City of Stillwater, Minnesota, that for his dedicated service to the City, David Magnuson is hereby commended for serving the City faithful -Cy, efficiently, ethically, and courteously for over 4o years. The CounciCregrets that he is retiring his position as City .Attorney, and extenc(s to him their appreciation for his dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of .Appreciation upon the official record of the Council and to deliver a certified copy thereof to David 7 Magnuson. .Adopted by the City Council this 31st day of July, 2018. L) U[ayah 1 1 Stillwater Area Connector Loop ME hriarata MONEFICUPPERIATII:Mill MS 3N:2 IEriltitZfliIlidall:ia -VW iiiilli•A ol!A .5.11/6:11d1W,ParafiTgrzplariiriErgaria ffirjaPilarranartiiiEdirrAIEMILPIN ` ...:r-1115-FICICI w,.,AW: 1..REI Kik Igglaimmagionapirmummiki itspamii... IMILMS*0 initaNtilliffir MP NO -;Z6116/11a L.1 !WM; et% nui isig?fgfi ATicc,:ai grs5 ow wrota 54112.eartaripera 11111tibrilIMEM3 MOM INIIIIRMI NMI /ENIESIM.9 pairmdgEgi vin%pgm new imiom mead Mk _F-1 ql* Fri ailiM II= IMAINAFJ 111(111112 Ella Wm! utosi ottrEtt Mil row kw PM WWI Mk:a AA Arsenuff • - --•--- tfiF.IiirmlmnEs EN , Li‘mstizim --e,la a * Partnering To Make Connections • The Stillwater Area Connector Loop is a fixed -route bus service that helps riders visit Stillwater and Oak Park Heights area businesses and destinations. • The affordable all -you -can ride fare allows riders to get on and off at any of the stops along the one -hour loop, receiving the caring assistance of a DARTS driver. • There is no sign up required. Riders may hop on and off at any of the scheduled stops. • Service is door-to-door, and additional assistance is available upon request. • The route can offer the flexibility of requesting a deviated (customized) stop near a scheduled stop. • The bus seats 16 and is handicapped accessible. Stillwater Area Connector Loop Who Served Primary audience —older adult residents Secondary audience —lower income, disabled residents Objectives Provide reliable and affordable transportation for area residents Increase foot traffic in shopping districts Encourage community interactions Decrease caregiver burden through enhanced mobility options Roles and Responsibilities DARTS will provide: • DOT certified drivers trained in STS, Aging in Place and Dementia Friends providing door-to-door service with the utmost care and compassion • 15-18 passenger vehicles equipped with lift and space for 2-3 wheelchairs or scooters • Route planning and dispatch • Travel training for riders • Marketing content support and production of banners, schedules and other printed materials Community Thread will provide: • Advisory Committee assembly • Sponsorship acquisition and fundraising support for operations • Promotion of circulator Proposed Stillwater Area LOOP Stops A B C D E F G H I J K L M Building Name Rivertown Commons Library Courage Kenny Rehab Community Thread Ann Bodlovick Apartments Cub Walmart Boutwells Landing Green Twig Apartments Oak Park Senior Living Raymie Johnson Estates Oak Ridge Place Government Center Address 212 N 2nd St 224 3rd St N 1460 Curve Crest Blvd 2300 Orleans St 2400 Orleans St 1801 Market Dr 5815 Norell Ave 5600 Norwich PKWY 13865 Upper 58th St N 13936 Lower 59th St N 14830 58th St N 6060 Oxboro Ave N 14949 62nd St N City Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater OPH OPH OPH OPH OPH Stillwater Stillwater Notes IL/ affordable Shelter Corp/ IL IL/AL/MC IL IL/AL/MC Section 8/IL AL/ bus Fi Rivertown Commons to Rivertown C... . - 1 Options yr Rivertown Commons, 212 2nd St N, Stillwater, MN f. Lakeview Hospital, 927 Churchill St W, Stillwater, MI Courage Kenny Rehabilitation Institute - St. Croix, 1 Community Thread, 2300 Orleans St W, Stillwater, A Ann Bodlovick Apartments, 2400 Orleans St W, Stilr Cub Foods, 1301 Market Dr, Stillwater, MN 55032 Walmart Supercenter, 5315 Norell Ave N, Oak Park 13865 Upper 58th St N, Stillwater, MN 55082 Villas of Oak Park Senior Apartments, 13936 Upper Rayne Johnson Estates, 14830 53th St N, Oak Pal Oak Ridge Place, 6060 Oxbora Ave N, Oak Park He Rivertown Commons, 212 2nd St N, Stillwater, MN * Add destination Leave now Oo 44 rain Light traffic 37 rain without traffic Via Myrtle St W, Greeley St S 9.5 rni Y Working Model https://binged.it/2OIVcDI A B C D E F G H Working Model LOOP Stops Building Name Address City Notes Rivertown Commons 212 N 2nd St Stillwater IL/ affordable Lakeview Hospital 927 Churchill St Stillwater Courage Kenny Rehab 1460 Curve Crest Blvd Stillwater Community Thread 2300 Orleans St Stillwater Ann Bodlovick Apartments 2400 Orleans St Stillwater Shelter Corp/ IL Cub 1801 Market Dr Stillwater Walmart 5815 Norell Ave OPH Green Twig Apartments 13865 Upper 58th St N OPH IL I Oak Park Senior Living J Raymie Johnson Estates K Oak Ridge Place 13936 Lower 59th St N 14830 58th St N 6060 Oxboro Ave N OPH IL/AL/MC OPH Section 8/IL Stillwater AL/ bus Potential On Demand Stops ALDI 137647 60th St N OPH Dollar Tree 2070 Market Dr Stillwater Target Walgreens Nelsons Ice Cream Caribou Coffee Menards 2021 Market Dr 6061 Osgood Ave 920 Olive St 1830 Market 5800 Krueger Lane Stillwater OPH Stillwater Stillwater OPH Kohl's 5805 Krueger Ln OPH Kowalski's Boutwells Landing Government Center Library Great Clips 5801 Neal Ave 5600 Norwich PKWY 14949 62nd St N 224 3rd St N 1820 Market Dr OPH OPH Stillwater Stillwater Stillwater IL/AL/MC CloverRide CloverRide Friday Departure Schedule Brookdale Centennial Lunds 8 Aurora on Southdale Cub Target Yorktown Southdale South Edina Lakes Park Byerlys France Center Foods Continental YMCA Haven 10 a.m. 10:07 11 a.m. 11:07 12 pm. 12:07 1 p.m. 1:07 2 p.m. 2:07 10:13 11:13 1213 1.13 2:13 10:19 11:19 12:19 1:19 2:19 10:25 11:25 12:25 1:25 2:25 10:31 10:37 10:43 11:31 11:37 11:43 12:31 12:37 12:43 1:31 1:37 1:43 2:31 2:37 2:43 10:50 11:50 12:50 1:50 2:50 10:55 11:55 12:55 1:55 Last Loop of the Day: The bus ends its service at South Haven just before 3 p.m. If you need to loop around. make sure to take an earlier bus. (Example: If you're going to Cub Foods from Brookdate Edina. make sure to catch the 1:31 p.m. bus back home. not the 2:31 p.m. bus.) Special stops/pickup: Riders who are near the route can request a special stop if it's within two blocks of the regular route. To request a special pickup. call 651-234-2272. Mobility assistance: Riders with mobility devices such as scooters. wheelchairs or walkers are welcome. The CloverRide driver will assist with the loading as needed. For information call DARTS at 651-234-2272 8 Expenses Operating costs Staff time from DARTS Total Expenses Annual Budget $24,000 $80 per hour x 6 hrs per week x 50 weeks per year* $3,000 Staff to oversee advisory committee; handle marketing support $27,000 The bus will make a five hour loop and an additional hour is needed to travel to/from DARTS bus terminal site Fares bring in approximately $2,000 annually The LOOP SOUTH ST. PAUL CIRCULATOR BUS Sponsorship Rates The South St. Paul LOOP is a reliable transportation service with scheduled stops. The affordable all -you -can ride fare allows riders to get on and off at any of the stops along the one -hour loop. Diamond: $10,000 Logo on 1(2 banner Gold: $5,000 ,ogn on banner Silver: $2,500 Logo on banner Bronze: $1,000 None on banner Friend: $500 Marne an banner All sponsors' names will also appear on posters, bus schedules, and news articles. For more information, contact: Steve Haschig DARTS Director of Advancement 651-234-2229 I steve.haschig@darts1.org 10 The LC'OP WEST ST. PAUL CIRCULATOR BUS THE LOOP IS A WEDNESDAY BUS SERVICE THAT TAKES RIDERS TO ROBERT STREET DESTINATIONS. SEE BACK FOR SCHEDULE ONE STOP, MANY OPTIONS Most stops have multiple businesses within a walkable block. ON -DEMAND STOPS Need a special stop? Ask your driver or call 651-234-2272 to ask for a Stop within two blocks of scheduled destinations. FADS Q: Do l need to reserve a ride on the LOOP? A: No. Simply plan your trip by reading the schedule (at www.dartsconnects.orgl transportation).The departure time is listed for each stop. Call DARTS if you need assistance. Q: Can 1 use the LOOP if 1 use a scooter, wheelchair, walker, or cane? A: Yes. The driver will help load your mobility device and assist you as needed. Anyone can request to use the lift. Q: Where can 1 transfer to South 5t. Paul? A: The Walmart stop allows you to transfer to and from the South St. Paul LOOP. Soul, glIE11 a Busin.ns Association THANK YOU TO OUR COMMUNITY PARTNERS Cub Signal Hills Rotary FOODS Wa l rnart Shopping Center INVER GROVE [19 TOYOTA ANCHOR©BANK. Rea fe REALIFE COOP OF WSP For questions about the LOOP bus route or schedule, please call DARTS at 651-234-2272. 11 Funders for Pilot Year (2018 — 19 • Allina Health • Lakeview Hospital • United Way • Community Thread (in -kind) • Stillwater Rotary, Noon Chapter Potential funders for 2019-2020 • City of Stillwater • City of Oak Park Heights • Retailers • Service Clubs • Health systems • Senior Living facilities • Banks • United Way/Foundations Letter from City of Hastings The City of Hastings has partnered with DARTS the last several years in a local transportation option for our residents called "The LOOP." This service has provided our community members with the opportunity to use the service to run errands and remain both connected and independent. Because we no longer have a dial - a -ride or fixed route system in Hastings, we welcomed the partnership with DARTS. Letter from City of Hastings It has been well received and appreciated by the community, and DARTS has been very responsive and receptive in their service provision and the City Council's requests for the program. We have made a $10,000 annual financial commitment, which has been matched by some of our community institutions to bring the LOOP to Hastings. Testimonial Pat M. (Hastings): "For me the LOOP is a Godsend. I hate to bother my kids for something like grocery shopping. They're so busy with their own families they can hardly turn around. I only like to ask for a ride when really need one, like going to the doctor. Those are the times I need my kids and the LOOP keeps the kids from burning out as caregivers" Diana M (West St Paul): "I love riding the bus! learn so much from the other people. They've already been through what I'm facing as I get older. They give me great advice about all kinds of questions I have. Each week is like a meeting for us. I live alone, so making new friends is priceless to me." RESOLUTION 2018-161 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 $1,610,486.10 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 31st day ()fluty, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2018-161 Page 1 LIST OF BILLS Advance Auto Parts Amano McGann Inc Amdahl Locksmith inc Chris Ancom Communication Inc. Anderson Kyle Aspen Mills Battery 1 lst US Artillery Bergeron Dawn BHE Community Solar Bolton and Menk Inc. Burks Tree and Landscape Care CalAtlantic Homes Century Power Equipment Cintas Corporation City of Maplewood Comcast Computer Integration Technologies Curb Masters Dalco DuFresne Tom ECM Publishers Emergency Automotive Emergency Medical Products Fastenai Company Flexible Pipe Tool Forestry Suppliers Inc. Goodyear Commercial Tire Grath( Shoppe Hardrives Inc. Junker Brad Kirvida Fire Inc. Kuehn Michael L3 Mobile Vision Inc League of MN Cities Lennar of Minnesota Madden Galanter Hansen LLP Mansfield Marshall Electric Company Menards Metropolitan Mechanical Contractors Minger Construction Mitchell Ryan Newman Signs Office Depot OnSite Sanitation Equipment repair supplies Tickets Service call Port antenna Refund of design permit Uniforms July 4th Cannon Demonstration Refund - ramp didn't give change Solar Garden Lift Station Tree care and outreach Grading Escrow Refund Equipment repair supplies Uniforms & mat cleaning East Metro Training Facility Internet IS Developer Repairs Janitorial supplies Refund - ramp did not give change Publications Vehicle repair service Safety equipment Supplies Repair tractor Paint Tires Non reflective kits for vehicles 2017 Street Project Reimburse for Night to Unite expenses Vehicle repair Reimburse for work boots EMA SWR ❑EP20/Server Workers Comp Claim Grading Escrow Refund Labor Relations Services Fuel Parking pay machine repair Supplies Maintenance agreement Street Project Reimburse for cellular service Signs Office supplies Portable Restroom 55.62 60.00 1,397.30 95.25 25.00 2,688.65 2,100.00 20.00 5,723.89 1,394.00 2,002.00 3,000.00 86.76 290.08 805.00 134.90 2,156.50 3,446.55 904.60 15.00 907.25 219.40 74.31 11.69 1,901.95 219.04 492.22 2,265.00 145,232.12 1,618.59 2,067.84 160.00 1,865.00 1,842.25 3,000.00 236.05 9,216.31 1,888.00 727.84 2,162.00 157,272.50 37.49 143.16 234.40 182.00 EXHIBIT "A" TO RESOLUTION #2018-161 Page 2 O'Reilly Auto Parts Parks MacKenzie Pioneer Rim and Wheel Co. Primary Products Co. R W Kirchner & Assoc. RES Specialty Pyrotechnics Inc. Safe Kids Worldwide Sanders Shawn Service on a Shoestring Simplifile LC St. Croix Boart & Packet Stillwater Motor Company Stillwater Township Supan Enterprises Inc T & A Schifsky Telemetry and Process Controls The Foundation TKDA Tri-State Bobcat University of Minnesota US Bank USAbte Life Valley Trophy Inc. Walmart Community Washington Conservation ❑istr Waste Management Water Works irrigation LLC Wicker Steve WSB & Associates Inc. Zahl Petroleum Maintenance Co. Ziegler Inc. Zoll Medical Corp REC CENTER 4Front LLC Cintas Corporation Menards R&R Specialties Inc. STAR LIBRARY ArtStart Baker and Taylor Brodart Co Cybrarian Corporation Battery Updated position descriptions for HR Equipment repair supplies Nitrite gloves Shorty's Cleaner appraisal report Fireworks Training Reimburse for License Expenses Recycling Coordinator Services Filing fee Ramp cleaning Equipment repair supplies 2018 Annexation Payment Grading Escrow Refund Aggregate HMI Software upgrade Air Watch Support Marylane Drainage Equipment repair supplies Pesticide applicator recert workshop Paying agent fees Term Life insurance Name plates Supplies Shared Educator Garbage Certification Repair Reimburse for work boots Professional service Building repair supplies Lamp Electrodes Dasher Mat cleaning service Supplies Equipment repair supplies Membership Programs Programs Programs Cybrarian Software 278.86 600.00 93.12 100.05 1,200.00 46,000.00 50.00 176.06 11,362.66 200.00 1,620.00 70.92 71,793.41 1,500.00 3,437.72 7,870.00 225.00 5,128.26 553.65 145.00 425.00 472.80 15.00 168.93 625.00 30,495.58 131.85 144.49 5,562.00 337.30 137.85 203.38 310.00 51.50 222.15 405.56 275.00 650.00 29.44 4,617.49 349.95 EXHIBIT "A" TO RESOLUTION #2018-161 Page 3 ECM Publishers Hedin Sue Henry Marvin Mattson Macdonald Young Inc Menards Midwest Tape Recorded Books Inc Stillwater Medical Group Toshiba Business Solutions Viking Auto Sprinkler Co. Washington County Library ADDENDUM Field Turf Magnuson Law Firm MN Chiefs of Police Assoc To -Serve Contracting Xcel Energy Adopted by the City Council this 31st Day of July, 2018 Special Meeting Notice Programs Staff Reimbursement Pergola Review Supplies Materials Materials Drug Screening Maintenance Contract Building Repairs - Sprinkler Materials Dome Project Professional Service Membership Partial refund of permit fee Energy 31.60 120.00 22.43 1,139.00 180.82 356.63 115.15 83.00 335.92 1,250.00 445.08 1,031,844.82 9,780.49 319.00 111.40 5,938.27 TOTAL 1,610,486.10 TO: FROM: DATE: SUBJECT: iliwater Administration Mayor and City Council Members Tom McCarty, City Administrator July 31, 2018 Annual Financial Audit Services 2018-2020 BACKGROUND The firm of CliftonLarsonAllen LLP has provided annual financial audit services for the City of Stillwater from 2012-2017. CliftonLarsonAllen has gained familiarity and comprehensive understanding of the city's financial operations and the City has been very satisfied with the firm's professional services. The firm has proposed a three year extension to the engagement letter for provision of the City's financial audit and preparation of the financial statements for 2018-2020 as shown in the attached engagement letter. The proposed cost for these services is $39,700 for 2018, $39,700 for 2019, and $40,400 for 2020. (2017 cost was $39,048.) City staff has evaluated the three year extension proposal from CliftonLarsonAllen and determined that due to the pending transitions in the City Finance Department, it would be advantageous to retain CliftonLarsonAllen for performance of annual financial audit services for the years 2018- 2020. CliftonLarsonAllen will provide stability during the transition period in Finance Department and the firm is extremely familiar with the City's financial operations. RECOMMENDATION Staff recommends adoption of the resolution entitled, "Approving Three Year Extension to Engagement Letter with CliftonLarsonAllen LLP for Provision of Financial Audit Services and Preparation of Financial Statements for 2018-2020." RESOLUTION 2018-168 APPROVING THREE YEAR EXTENSION TO ENGAGEMENT LETTER WITH CLIFTON/LARSON/ALLEN FOR PROVISION OF FINANCIAL AUDIT SERVICES AND PREPARATION OF FINANCIAL STATEMENTS FOR 2018-2020 WHEREAS, the City of Stillwater is required to have an annual financial statement audit performed; and WHEREAS, the firm of CliftonLarsonAllen LLP has provided annual financial audit services for the City of Stillwater from 2012-2017; and WHEREAS, CliftonLarsonAllen LLP has proposed a three year extension engagement letter for provision of financial services and preparation of financial statements for 2018- 2020 as attached to this resolution; and WHEREAS, due to pending transitions within the City Finance Department, staff recommends that it is in the best interest of the City for stability and continuity to retain CliftonLarsonAllen for 2018-2020 to provide financial audit services and financial statement preparation NOW THEREFORE BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the City approves a three year extension to the engagement letter with CliftonLarsonAllen LLP for the provision of financial audit services and preparation of financial statements for 2018-2020 at a cost of $39,700 in 2018, $39,700 in 2019 and $40,400 in 2020. BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the letter of engagement. Adopted by the City Council of the City of Stillwater this 31 s t day of July, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk CliftonLarsonAllen July 31, 2018 Honorable Mayor, City Council, and Management City of Stillwater 216 North Fourth Street Stillwater, MN 55082 CliftonLarsonAllen LLP 220 South Sixth Street, Suite 300 Minneapolis, MN 55402-1436 612-376-4500 I fax 612-376-4850 CLAconnect.com We are pleased to confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the audit and nonaudit services CliftonLarsonAllen LLP ("CLA," "we," "us," and "our") will provide for the City of Stillwater ("you," "your," or "the entity") for the year ended December 31, 2018. Christopher G. Knopik, CPA, CFE is responsible for the performance of the audit engagement. Audit services We will audit the financial statements of the governmental activities, the business -type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City of Stillwater, as of and for the year ended December 31, 2018, and the related notes to the financial statements. The Governmental Accounting Standards Board (GASB) provides for certain required supplementary information (RSI) to accompany the entity's basic financial statements. The following RSI will be subjected to certain limited procedures, but will not be audited. 1. Management's discussion and analysis. 2. Schedule of funding progress — other postemployment health care benefit plan 3. Schedule of proportionate share of the net pension liability and schedule of City contributions - PERA 4. Schedule of changes in net pension liability (asset) and schedule of contribution — fire relief association We will also evaluate and report on the presentation of the supplementary information other than RSI accompanying the financial statements in relation to the financial statements as a whole. 1. Combining and individual fund financial statements The following information other than RSI accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements and our auditors' report will not provide an opinion or any assurance on that information: 1. Introductory section 2. Statistical section .414kA member of Nexia International July 31, 2018 City of Stillwater, Minnesota Page 2 Nonaudit services We will also provide the following nonaudit services: • Preparation of your financial statements and related notes. Audit objective The objective of our audit is the expression of opinions about whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America (U.S. GAAP). Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America (U.S. GAAS) and will include tests of your accounting records and other procedures we consider necessary to enable us to express such opinions. We will perform procedures on the financial information of the Stillwater Board of Water Commissioners to enable us to express our opinions. We will apply certain limited procedures to the RSI in accordance with U.S. GAAS. However, we will not express an opinion or provide any assurance on the RSI because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. We will also perform procedures to enable us to express an opinion on whether the supplementary information (as identified above) other than RSI accompanying the financial statements is fairly stated, in all material respects, in relation to the financial statements as a whole. We will issue a written report upon completion of our audit of your financial statements. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions, add an emphasis -of -matter or other -matter paragraph(s), or withdraw from the engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If circumstances occur related to the condition of your records, the availability of sufficient, appropriate audit evidence, or the existence of a significant risk of material misstatement of the financial statements caused by error, fraudulent financial reporting, or misappropriation of assets, which in our professional judgment prevent us from completing the audit or forming opinions on the financial statements, we retain the right to take any course of action permitted by professional standards, including declining to express opinions or issue a report, or withdrawing from the engagement. As part of our audit, we will also perform the procedures and provide the report required by the Minnesota Legal Compliance Audit Guide for Political Subdivisions. Auditor responsibilities, procedures, and limitations We will conduct our audit in accordance with U.S. GAAS. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements as a whole are free from material misstatement, whether due to fraud or error. An audit involves performing procedures to obtain sufficient appropriate audit evidence about the amounts and disclosures in the basic financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the basic financial statements. July 31, 2018 City of Stillwater, Minnesota Page 3 There is an unavoidable risk, because of the inherent limitations of an audit, together with the inherent limitations of internal control, that some material misstatements may not be detected, even though the audit is properly planned and performed in accordance with U.S. GAAS. Because we will not perform a detailed examination of all transactions, material misstatements, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity, may not be detected. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management and those charged with governance of any material errors, fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management and those charged with governance of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. In making our risk assessments, we consider internal control relevant to the entity's preparation and fair presentation of the basic financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. However, we will communicate to you in writing significant deficiencies or material weaknesses in internal control relevant to the audit of the basic financial statements that we identify during the audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Management responsibilities Our audit will be conducted on the basis that you (management and, when appropriate, those charged with governance) acknowledge and understand that you have certain responsibilities that are fundamental to the conduct of an audit. You are responsible for the preparation and fair presentation of the financial statements and RSI in accordance with U.S. GAAP. Management's responsibilities include the selection and application of accounting principles; recording and reflecting all transactions in the financial statements; determining the reasonableness of significant accounting estimates included in the financial statements; adjusting the financial statements to correct material misstatements; and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. You are responsible for the design, implementation, and maintenance of internal controls to prevent and detect fraud; assessing the risk that the financial statements may be materially misstated as a result of fraud; and for informing us about all known or suspected fraud affecting the entity involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, former employees, July 31, 2018 City of Stillwater, Minnesota Page 4 grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations, and informing us of all instances of identified or suspected noncompliance whose effects on the financial statements should be considered. You are responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, and other matters, and for the accuracy and completeness of that information; (2) additional information that we may request for the purpose of the audit; and (3) unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence. You agree to inform us of events occurring or facts discovered subsequent to the date of the financial statements that may affect the financial statements. You are also responsible for providing us access to component information, those charged with governance of components, component management, and component auditors (including relevant audit documentation and communications). Management is responsible for the preparation of the supplementary information in accordance with U.S. GAAP. You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. You agree to provide us written representations related to the presentation of the supplementary information. Management is responsible for providing us with a written confirmation concerning representations made by you and your staff to us in connection with the audit and the presentation of the basic financial statements and RSI. During our engagement, we will request information and explanations from you regarding, among other matters, the entity's activities, internal control, future plans, specific transactions, and accounting systems and procedures. The procedures we will perform during our engagement and the conclusions we reach as a basis for our report will be heavily influenced by the representations that we receive in the representation letter and otherwise from you. Accordingly, inaccurate, incomplete, or false representations could cause us to expend unnecessary effort or could cause a material fraud or error to go undetected by our procedures. In view of the foregoing, you agree that we shall not be responsible for any misstatements in the entity's financial statements that we may fail to detect as a result of misrepresentations made to us by you. Responsibilities and limitations related to nonaudit services For all nonaudit services we may provide to you, management agrees to assume all management responsibilities; oversee the services by designating an individual, preferably within senior management, who possesses suitable skill, knowledge, and/or experience to understand and oversee the services; evaluate the adequacy and results of the services; and accept responsibility for the results of the services. July 31, 2018 City of Stillwater, Minnesota Page 5 The responsibilities and limitations related to the nonaudit services performed as part of this engagement are as follows: • We will prepare a draft of your financial statements and related notes. Since the preparation and fair presentation of the financial statements is your responsibility, you will be required to review, approve, and accept responsibility for those financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements. Use of financial statements The financial statements and our report thereon are for management's use. If you intend to reproduce and publish the financial statements and our report thereon, they must be reproduced in their entirety. Inclusion of the audited financial statements in a document, such as an annual report or an offering document, should be done only with our prior approval of the document. You are responsible to provide us the opportunity to review such documents before issuance. Should you decide to include or incorporate by reference these financial statements and our auditors' report(s) thereon in a future private placement or other offering of equity or debt securities, you agree that we are under no obligation to re -issue our report or provide consent for the use of our report in such a registration or offering document. We will determine, at our sole discretion, whether we will re -issue our report or provide consent for the use of our report only after we have performed the procedures we consider necessary in the circumstances. If we decide to re -issue our report or consent to the use of our report, we will be required to perform certain procedures including, but not limited to, (a) reading other information incorporated by reference in the registration statement or other offering document and (b) subsequent event procedures. These procedures will be considered an engagement separate and distinct from our audit engagement, and we will bill you separately. If we decide to re -issue our report or consent to the use of our report, you agree that we will be included on each distribution of draft offering materials and we will receive a complete set of final documents. If we decide not to re -issue our report or decide to withhold our consent to the use of our report, you may be required to engage another firm to audit periods covered by our audit reports, and that firm will likely bill you for its services. While the successor auditor may request access to our workpapers for those periods, we are under no obligation to permit such access. If the parties (i.e., you and CLA) agree that CLA will not be involved with your official statements related to municipal securities filings or other offering documents, we will require that any official statements or other offering documents issued by you with which we are not involved clearly indicate that CLA is not involved with the contents of such documents. Such disclosure should read as follows: CliftonLarsonAllen LLP, our independent auditor, has not been engaged to perform and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. CliftonLarsonAllen LLP also has not performed any procedures relating to this offering document. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website or submitted on a regulator website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in those sites or to consider the consistency of other information in the electronic site with the original document. July 31, 2018 City of Stillwater, Minnesota Page 6 We may issue preliminary draft financial statements to you for your review. Any preliminary draft financial statements should not be relied on or distributed. Engagement administration and other matters We understand that your employees will prepare all confirmations, account analyses, and audit schedules we request and will locate any documents or invoices selected by us for testing. A list of information we expect to need for our audit and the dates required will be provided in a separate communication. We are available to perform additional procedures with regard to fraud detection and prevention, at your request, as a separate engagement, subject to completion of our normal engagement acceptance procedures. The terms and fees of such an engagement would be documented in a separate engagement letter. The workpapers supporting the services we perform are the sole and exclusive property of CLA and constitute confidential and proprietary information. We do not provide access to our workpapers to you or anyone else in the normal course of business. Unless required by law or regulation to the contrary, we retain our workpapers in accordance with our record retention policy that typically provides for a retention period of seven years. Pursuant to authority given by law or regulation, we may be requested to make certain workpapers available to the Minnesota Office of the State Auditor for their regulatory oversight purposes. We will notify you of any such request. Access to the requested workpapers will be provided to the regulators under the supervision of CLA personnel and at a location designated by our firm. Furthermore, upon request, we may provide copies of selected workpapers to such regulators. The regulators may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. Except as permitted by the "Consent" section of this agreement, CLA will not disclose any confidential, proprietary, or privileged information of the entity to any persons without the authorization of entity management or unless required by law. This confidentiality provision does not prohibit us from disclosing your information to one or more of our affiliated companies in order to provide services that you have requested from us or from any such affiliated company. Any such affiliated company shall be subject to the same restrictions on the use and disclosure of your information as apply to us. Professional standards require us to be independent with respect to you in the performance of these services. Any discussion that you have with our personnel regarding potential employment with you could impair our independence with respect to this engagement. Therefore, we request that you inform us prior to any such discussions so that we can implement appropriate safeguards to maintain our independence and objectivity. Further, any employment offers to any staff members working on this engagement without our prior knowledge may require substantial additional procedures to ensure our independence. You will be responsible for any additional costs incurred to perform these procedures. Our relationship with you is limited to that described in this letter. As such, you understand and agree that we are acting solely as independent accountants. We are not acting in any way as a fiduciary or assuming any fiduciary responsibilities for you. We are not responsible for the preparation of any report to any governmental agency, or any other form, return, or report or for providing advice or any other service not specifically recited in this letter. July 31, 2018 City of Stillwater, Minnesota Page 7 Our engagement and responsibility end on delivery of our signed report. Any additional services that might be requested will be a separate, new engagement. The terms and conditions of that new engagement will be governed by a new, specific engagement letter for that service. Mediation Any disagreement, controversy, or claim ("Dispute") that may arise out of any aspect of our services or relationship with you, including this engagement, shall be submitted to non -binding mediation by written notice ("Mediation Notice") to the other party. In mediation, we will work with you to resolve any differences voluntarily with the aid of an impartial mediator. The mediation will be conducted as specified by the mediator and agreed upon by the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the Dispute. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. Any Dispute will be governed by the laws of the state of Minnesota, without giving effect to choice of law principles. Time limitation The nature of our services makes it difficult, with the passage of time, to gather and present evidence that fully and fairly establishes the facts underlying any Dispute that may arise between the parties. The parties agree that, notwithstanding any statute or law of limitations that might otherwise apply to a Dispute, including one arising out of this agreement or the services performed under this agreement, for breach of contract or fiduciary duty, tort, fraud, misrepresentation or any other cause of action or remedy, any action or legal proceeding by you against us must be commenced within twenty-four (24) months ("Limitation Period") after the date when we deliver our final audit report under this agreement to you, regardless of whether we do other services for you relating to the audit report, or you shall be forever barred from commencing a lawsuit or obtaining any legal or equitable relief or recovery. The Limitation Period applies and begins to run even if you have not suffered any damage or loss, or have not become aware of the existence or possible existence of a Dispute. Fees Our fees for these services will be as follows: Year Ended December 31, Audit Services Preparation of the CAFR 2018 $34,900 $4,800 2019 $34,900 $4,800 2020 $35,600 $4,800 July 31, 2018 City of Stillwater, Minnesota Page 8 This includes out of pocket costs such as travel and costs such as report production, word processing, postage, etc., and internal and administrative charges. The fee estimate is based on anticipated cooperation from your personnel and their assistance with preparing confirmations and requested schedules. If the requested items are not available on the dates required or are not accurate, the estimated fee for services will likely be higher. If unexpected circumstances require significant additional time, we will advise you before undertaking work that would require a substantial increase in the fee estimate. Our invoices for these fees, plus applicable state and local taxes, will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and will not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed even if we have not issued our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket expenditures through the date of termination. Changes in accounting and audit standards Standard setters and regulators continue to evaluate and modify standards. Such changes may result in new or revised financial reporting and disclosure requirements or expand the nature, timing, and scope of the activities we are required to perform. To the extent that the amount of time required to provide the services described in the letter increases due to such changes, our fee may need to be adjusted. We will discuss such circumstances with you prior to performing the additional work. Other fees You also agree to compensate us for any time and expenses, including time and expenses of legal counsel, we may incur in responding to discovery requests or participating as a witness or otherwise in any legal, regulatory, or other proceedings that we are asked to respond to on your behalf. Finance charges and collection expenses You agree that if any statement is not paid within 30 days from its billing date, the unpaid balance shall accrue interest at the monthly rate of one and one -quarter percent (1.25%), which is an annual percentage rate of 15%. In the event that any collection action is required to collect unpaid balances due us, reasonable attorney fees and expenses shall be recoverable. Consent Consent to use financial information Annually, we assemble a variety of benchmarking analyses using client data obtained through our audit and other engagements. Some of this benchmarking information is published and released publicly. However, the information that we obtain is confidential, as required by the AICPA Code of Professional Conduct. Your acceptance of this engagement letter will serve as your consent to use of the City of Stillwater's information in these cost comparison, performance indicator, and/or benchmarking reports. Subcontractors CLA may, at times, use subcontractors to perform services under this agreement, and they may have access to your information and records. Any such subcontractors will be subject to the same restrictions on the use of such information and records as apply to CLA under this agreement. July 31, 2018 City of Stillwater, Minnesota Page 9 Agreement We appreciate the opportunity to be of service to you and believe this letter accurately summarizes the significant terms of our engagement. This letter constitutes the entire agreement regarding these services and supersedes all prior agreements (whether oral or written), understandings, negotiations, and discussions between you and CLA. If you have any questions, please let us know. Please sign, date, and return a copy of this letter to us to indicate your acknowledgment and understanding of, and agreement with, the arrangements for our audit of your financial statements including the terms of our engagement and the parties' respective responsibilities. Sincerely, CliftonLarsonAllen LLP }-iF, 1.-./- Christopher G. Knopik, CPA, CFE Principal 612/397-3266 Christopher.Knopik@CLAconnect.com Response: This letter correctly sets forth the understanding of the City of Stillwater. Authorized governance signature: Title: Mayor Date: July 31, 2018 Authorized management signature: Title: Date: City Clerk July 31, 2018 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING July 31, 2018 (in lieu of August 7, 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. Washington Avenue TH 36 Study- Kevin Hoglund Stantec 2. Manning Ave TH 36 Interchange – Washington County 3. Small Cell Wireless ordinance discussion IV. STAFF REPORTS 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Dir. 8. Public Works Dir. - Possible approval of noise variance request – 3rd Street S 9. Finance Director 10. City Attorney 11. City Administrator V. RECOGNITION OF CITY ATTORNEY MAGNUSON 7:00 P.M. AGENDA VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. APPROVAL OF MINUTES 12. Possible approval of the July 17, 2018 regular meeting minutes. X. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 13. Transit Loop Project – Sally Anderson, Executive Director of Community Thread XI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 14. Resolution 2018-161, directing payment of bills 15. Resolution 2018-162, approving of 2018 Forestry Contract 16. Resolution 2018-163, approving No On-Street Parking Zone along portions of South Third Street (County State Aid Highway (CSAH) 23) from East Walnut Street to East Chestnut Street (Project No. S.A.P. 082-623-008) 17. Resolution 2018-164, resolution adopting findings of fact, conclusions and order related to Forge & Foundry Craft Distillery (CPC Case No. 2018-22) 18. Resolution 2018-165, GreenStep Cities resolution 19. Resolution 2018-166, approving the issuance of a New On-sale and Sunday Liquor License to Restaurant 232, LLC, DBA: Match Stick 20. Possible approval to purchase 2019 Ford 550, plow, dump box and sander 21. Resolution 2018-167, approving the transfer of an On-sale and Sunday Liquor License from Smalley Caribbean Barbeque to Caribbean Smokehouse LLC, DBA: Caribbean Smokehouse 22. Resolution 2018-168, approving three year extension to engagement letter with ClifftonLarsonAllen for audit services (Available Tuesday) XIII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 23. This is the date and time for a public hearing to consider the 2018 Sidewalk Rehabilitation Project, (Project 2018-03, L.I. 415) Notices were mailed to affected property owners and published in the Stillwater Gazette on July 20 and July 27, 2018. (Resolution – Roll Call) XIV. UNFINISHED BUSINESS 24. Consider request to delete the condition from the Mills on Main Special Use Permit that requires the commercial parking spaces to be made available to the public during non- business hours (Available Tuesday) 25. Possible approval of plans and specifications and ordering advertisement for bids for the Marylane Drainage Project (Project 2018-08) (Resolution – Roll Call) 26. Possible approval of plans and specifications and ordering advertisement for bids for the Veterans Memorial Parking Lot Project (Project 2018-12) (Resolution – Roll Call) XV. NEW BUSINESS 27. Pollinator Friendly Alliance of Stillwater Sign Installation Request XVI. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVII. COMMUNICATIONS/REQUESTS XVIII. COUNCIL REQUEST ITEMS XIX. STAFF REPORTS (CONTINUED) XX. ADJOURNMENT Trunk Highway (TH) 36 and Manning Avenue/County State Aid Highway (CSAH) 15 Interchange Study Update Nathan Arnold Engineer II Project Overview •TH 36 and CSAH 15 (Manning Avenue) •Development Opportunities •Edge of Current Urban Development •Existing Housing, Golf Course, Apple Farm, Commercial Businesses •Existing system deficiencies •Congestion and delays–especially during commute times •Unsafe and poorly functioning intersection –High Volume •Access Management •Inadequate intersection spacing •Pedestrian facilities •Drainage improvement opportunities Wa~hington ~~county '-=-~ ~._, Project Goals •Improve Capacity, Safety, and Operations •Maintain/Improve Local Access •Constructability/Financially Responsible Project •Maintain Federal Requirements for Funding –North Frontage Road Connection –Maintain multiuse trail connection •Maintain long-term transportation goals Wa~hington ~~county '-=-~ ~._, Project Partners/Stakeholders •Washington County, FHWA, MNDOT •Grant, Lake Elmo, Oak Park Heights, Stillwater, Stillwater Township, Brown’s Creek Watershed District •2 residential neighborhoods •2 developers –Legends & Sanctuary •Applewood Golf Course and Aamodt Apple Farm •Public –including local and regional users •Pedestrians and multimodal users Wa~hington ~~county '-=-~ ~._, Project Management Team (PMT) Meeting Monthly Local Advisory Team (LAT) and Stakeholder Meetings at Progress Points –Identify needs –Identify high level impacts –Traffic modeling –Screen alternatives –Public feedback –Identify preferred interchange Public Open House Interchange Study Wa~hington ~~county '-=-~ ~._, Current/future issues –Need for an interchange –Pedestrian/bike access across 36 –Housing development concerns •Legends neighborhood –Increased traffic from development –Signal at 62nd •Sanctuary neighborhood –Noise impacts Open House Comments Alternatives AT-GRADE CONCEPTS NOTE: At-grade concepts do not meet traffic demands or improve safety. GRADE SEPARATED CONCEPTS Maintains Northwest Frontage Road Transmission line and pond impacts 3 Alternatives to maintain North to West Bound Traffic Right turn for High Volume Movement Transmission line and pond impacts Ends Frontage Road, Limits Lake Elmo Avenue Interchange Frontage Road Connection to Interchange Right to Left Loop Ramp •Expense –$25-30 million •Anticipated Funding –$7 million in federal funding –Regional Solicitation –10-20% local contributions per the county cost participation policy –Currently no State funding •Requested State Bonding –Will continue to seek additional funding Project Funding Wa~hington ~~county '-=-~ ~._, –Relocation/reconstruction of local access –Sound/noise barrier –Cost of signal legs at local streets –Future/potential frontage roads local/developer –% of construction cost for mobilization, engineering services, traffic control –Retaining wall to minimize impacts –50% of trails –50% of curb and gutter –Right of way Potential Local Costs Wa~hington ~~county '-=-~ ~._, •Investigate Single and Double loop options –Further design, geotechnical, environmental impacts/documentation, construction limits, costs •Work with Partners/Stakeholders –Maximize benefits and minimize impacts –Identify preferred interchange design and develop Layout –Resolution of support Next Steps Wa~hington ~~county '-=-~ ~._, Questions? Wa~hington ~~county '-=-~ ~._, CITY COUNCIL DATE: TO: REGARDING: FROM: June 28, 2018 Mayor & Council Members Small Wireless Facilities Ordinance & Xcel Energy Exemption Request Abbi Wittman, City Planner BACKGROUND At the Council’s July 3rd meeting, the Council discussed with staff the need to postpone the City’s public hearing regarding certain Zoning Text Amendments designed to address Small Wireless Facilities within the community. At that time staff advised the Council of Xcel Energy’s installation of these types of facilities for advanced metering infrastructure and intelligent street lighting. COMMENTS Staff is at an impasse with Xcel Energy as they are requesting the City Council grant them a full exemption from the future design standards and permitting process. The attached supporting summary statement has been provided by Xcel Energy. City Attorney Magnuson recommends approval of the proposed ordinance which allows for Stillwater exclusive franchises to be exempt from permitting but to still require them to meet adopted design standards with the option to administratively amend the standards as wireless technology evolves. COUNCIL ACTION Staff is requesting the Council’s consideration of Xcel Energy’s exemption request. RECOMMENDATION Staff recommends setting a public hearing date for the first reading, and publishing a new hearing notice for it. Staff further recommends that the Council not grant a full exemption to Xcel Energy from the proposed small wireless regulations, requiring specific design standards for future infrastructure. ATTACHMENTS Xcel Energy’s Supporting Statements City of Stillwater Franchise Design Standards Stillwater: Small Wireless Facilities Draft Ordinance Xcel Energy exemption status request/summary text 6/22/18 Xcel Energy, a franchised utility providing natural gas and electric service to Stillwater, is requesting total exemption status from the small wireless facilities ordinance requirements for the following reasons: 1. Small wireless AMI (Advanced Metering Infrastructure) and intelligent street lighting are utilized by Xcel Energy to support basic electric service delivery to its customers. It is an essential equipment attachment to our overhead electric poles no different than transformers and capacitor banks. 2. Xcel Energy's small wireless equipment provides high speed connectivity to electric field devices such as switches, capacitors and reclosures. Our wireless equipment allows for remote access to these devices and will aid in faster power restoration timeframes and a reduction in affected customer counts during power outages. 3. Xcel Energy's small wireless equipment is a necessary component for electric service and performs a different function than small wireless devices supporting a telecommunications network. Xcel Energy small wireless equipment does not provide a communication service for the general public. 4. Xcel Energy is recognized as a leader among public utility companies across the nation. We are known for adopting environmentally sound technologies and policies to enhance the customer experience and support public preference for green alternatives. All of our operating employees are educated to make design and construction decisions based on these underlying principles. 5. Xcel Energy is regulated by operating tariffs created under the authority of the Minnesota Public Utilities Commission requiring reasonable and prudent installation of standard facilities in compliance with the National Electric Safety Code. This means we reserve the right to designate the type and size of facilities to be installed overhead and within the "power zone" of our overhead distribution system for safety and reliability. 6. Requiring a design review process any time technology changes could easily present an administrative burden for both the city and Xcel Energy. Technology advances are rapidly occurring and while we therefore cannot guarantee specific configurations or sizes, any equipment to be installed by Xcel Energy will continue to be within the parameters of a "small wireless facility" as defined by the City. We utilize good utility practices along with state and federal engineering and safety standards. 7. Xcel Energy has a long history operating its electric system in the Stillwater area dating back to 1909. For nearly 110 years, our company has demonstrated its commitment to the St. Croix River valley area with respect to environmental stewardship, safe and reliable operations and community engagement. We have a long track record of proactively communicating with city representatives on a variety of matters and issues such as major operational modifications. We suggest the continuance of the existing practice of having our community relations staff notify city representatives of any future significant modifications to our wireless pole attachments rather than a formal design review process. Background: To provide for fair, reasonable, and non-discriminatory access to City-owned infrastructure in the public ROW while designating a streamlined permitting process; to establish design requirements for the installation of new wireless support structures to ensure visual compatibility with their surroundings; and to ensure compatible uses when small wireless facilities are proposed for locations outside of right-of-ways, the City of Stillwater has adopted certain regulations pertaining to the review and permitting of the placement and design of Small Wireless Facilities on public and private lands. To ensure the City’s regulations pertaining to Small Wireless Facilities do not impede on the normal and standardized operations of City of Stillwater exclusive franchises with Public Utility Corporations, the City of Stillwater has developed design standards for Small Wireless Facility installations. Design Standards: To support Advanced Metering Infrastructure (AMI) and intelligent street lighting, the following Small Wireless Facilities may be installed without additional City of Stillwater approvals: 1. An (up to) ten-foot (10’), brown metal pole extension as shown as “A” on the attached Exhibit A 2. Protruding whip antennae, located at or above the electrical line, as shown as “A” on the attached Exhibit A 3. An accessory fan, located at street level, as shown as “B” on the attached Exhibit A 4. A repeater, for the use of meter reading, as shown as “C” on the attached Exhibit A. Installation shall not impede upon or over, at a height of eight feet of less, any established sidewalks and trails. Installation shall not reduce the sidewalk or trail width less than minimum requirements for ADA compliance. Exterior cabling should be flush to the pole and, where feasible and practical, be enclosed in a conduit shield. Similar or like Small Wireless Facilities may be administratively approved by the City of Stillwater if the similar or like Small Wireless Facilities are smaller, less obtrusive, or have greater concealment and/or integrated design. In the event the Public Utility Corporation with an exclusive franchises agreement with the City does require transformer equipment to be associated with the Small Wireless Facility, the City of Stillwater encourages said equipment to be located underground. EXHIBIT A A B C 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES July 17, 2018 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad Finance Director Harrison Assistant Finance Director Alison Egger Administrative Assistant Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of the June 26, 2018 special meeting and the July 3, 2018 regular and recessed meeting Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve the minutes of the June 26, 2018 special meeting and the July 3, 2018 regular and recessed meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Stillwater High School Girls Fast Pitch Softball - 2018 Minnesota State High School 4A Champions Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt a proclamation designating July 18, 2018 as Stillwater Area High School Girls Fast Pitch Softball Team Day. All in favor. Proclamation: Stillwater High School Boys Baseball - 2018 SEC Conference; Section 4AAAA; and AAAA State Champions Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt a proclamation designating July 19, 2018 as Stillwater Area High School Boys Baseball Team Day. All in favor. Community Thread – Sally Anderson – Budget Request Sally Anderson, Executive Director of Community Thread, explained the services provided by Community Thread. She requested $16,000 for 2019 to support general operating expenses. City Council Meeting July 17, 2018 Page 2 of 8 Washington County Historical Society – Brent Peterson – Budget Request Brent Peterson, Executive Director of the Washington County Historical Society, reviewed the activities of the Society and introduced Tom Simonet, Board Treasurer. He asked that the City consider an appropriation of $7,500 for 2019. Comprehensive Financial Report Audit Review – Chris Knopik, ClifftonLarsonAllen Chris Knopik, ClifftonLarsonAllen, presented the Comprehensive Annual Financial Report for the year ended December 31, 2017. He informed the Council the audit had a favorable result with no findings. He reviewed each of the City’s funds. Finance Director Harrison stated she had asked Mr. Knopik to put together a proposal for renewal of audit services since she will retire in January 2019. Having the same auditors will provide a better transition, but it is up to the Council whether to continue with ClifftonLarsonAllen or go out for an RFP. Mr. Knopik stated the current contract, which is expiring at the end of the 2017 audit, was a six year contract. ClifftonLarsonAllen proposes a new six-year contract with a staggered increase in the audit fee. Certificates of Appreciation for 4th of July Fireworks Contributions: Cub Foods, Xcel Energy, Margaret Rivers Foundation, Lift Bridge Brewery, Water Street Inn, P.D. Pappy’s and Kwik Trip Mayor Kozlowski thanked all the sponsors for their contributions. OPEN FORUM There were no public comments. STAFF REPORTS Community Development Director Turnblad reported that the City has advertised for a Zoning Administrator. He hopes to have a new person hired in four to six weeks. Enforcement issues have moved slowly so he asked the Council to be patient. Public Works Director Sanders stated the County Road 5 project is about halfway completed. Beginning next week, Deer Path will be closed to through traffic at Olive for utility work. The County Road 24 project in Baytown, Oak Park Heights and Stillwater is ongoing. The contract for work on County Road 23 (South Third Street) was awarded and gas main work should be completed by the end of this week. The week of July 30, Third Street from Walnut to Chestnut Street will be closed for six weeks for concrete removal and replacement. This project is to be completed by mid-September. Last week the contractor began curb and sidewalk removal downtown. By this weekend all curb and gutter work will be done and sidewalks will be open for Lumberjack Days. He is working on an RFP to solicit engineer consulting firms to do the design work for the riverbank restoration project. Beavers have undermined the outlet on Long Lake which impacts how the water flows out of Long Lake. The City has hired a trapper. CONSENT AGENDA Resolution 2018-150, Directing the Payment of Bills Resolution 2018-151, approving Brown's Creek State Trail Municipal Marylane Avenue Trail Connection Cooperative Agreement between the State of Minnesota and the City of Stillwater City Council Meeting July 17, 2018 Page 3 of 8 Resolution 2018-152, approving Exhibit A as it relates to Resolution 2013-057, Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations under the Internal Revenue Code Resolution 2018-153, appointing Election Judges and Fixing Compensation Resolution 2018-154, establishing a monthly rate schedule for the collection of solid waste and recycling effective July 1, 2018 – June 30, 2019 Possible approval of St. Mary’s Catholic Church event and temporary liquor license Possible approval of Sanitary Sewer adjustments Resolution 2018-155, approving amendment to the 2018 Summer Tuesdays Special Event Contract Possible approval of temporary liquor license – Zephyr Theatre – July 27 & 28 Resolution 2018-156, approving Colonial Life’s proposal for employee voluntary worksite Insurance Policies effective September 1, 2018 Resolution 2018-157, appointments to the Library Board of Trustees Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None PUBLIC HEARINGS A public hearing on the request of Lift Bridge Brewery (the "Company") to have the City abate to the Company all of the taxes to be levied by the City on the Company property described as Lots 1, 2, 3 and the south 53'6" of Lot 4, Prime Site Subdivision, Washington County, Minnesota, for the purpose of assisting the owner with the construction of a new brewery and tap room. The total amount of taxes proposed to be abated by the City for the Improvements is estimated to be $82,649.43 per year for 15 years. Motion by Councilmember Junker, seconded by Councilmember Weidner, to table the public hearing at the request of Lift Bridge Brewery. All in favor. UNFINISHED BUSINESS Discussion on Parking Agreement Concepts for Historic Armory (Tabled from July 3, 2018 meeting) Community Development Director Turnblad stated that CVII Holdings, LLC of Woodbury has a purchase agreement for the Historic Armory facility on Chestnut Street in Downtown Stillwater. Prior to closing on the property, the corporation is investigating redevelopment potential and tenant possibilities. A principal challenge for redevelopment of the site is parking. Forge & Foundry, a craft distillery and sampling room, has interest in the garage portion of the Historic Armory. They currently have a Special Use Permit application pending before the City. The Downtown Parking Commission and Planning Commission recommend approval. On June 5, 2018, the Council tabled a decision in order for staff and CVII Holdings to work out a parking arrangement that would serve the building until construction of a municipal parking ramp in the area is fully explored. A Council decision on the Forge and Foundry Special Use Permit application is necessary by August 21, 2018. CVII Holdings requests the City Council discuss and approve a parking agreement concept. Mr. Turnblad summarized the main points of the proposed parking agreement between CVII Holdings and the City. CVII Holdings would agree to: 1) lease to tenants only for uses that City Council Meeting July 17, 2018 Page 4 of 8 generate a total need for no more than 85 parking spaces; 2) until the City constructs a municipal parking facility or otherwise solves the parking deficit in the area, 41 of the 85 deficit spaces would be leased from the City in the Shorty’s lot, and 44 would be mitigated through general public parking or in municipal parking lots. He noted the City is going through eminent domain procedures and in less than 90 days the City will own the Shorty’s lot. Councilmember Weidner remarked in all fairness, he thought the City had offered to lease that lot back to Shorty’s. City Attorney Magnuson responded there’s nothing in the quick take or eminent domain resolution that promises the spaces to Shorty’s, but the Council may do so if it wishes. Councilmembers Weidner, Junker and Polehna questioned whether there are actually 41 spaces in the Shorty’s lot. Councilmember Weidner stated he would not be in favor of approving the Parking Agreement Concept as proposed as it does not identify a solution well enough. Councilmember Junker, referring to #3 in the Parking Agreement Concept, stated if the Armory tenants reserve 85 spaces in a future parking ramp that would be 28% of a 300-stall garage, a figure higher than he anticipated. Councilmember Polehna stated he would have some questions on use of the parking funds. He remarked the audit did not look sustainable. Mayor Kozlowski stated he appreciates the work done on this, but he is concerned with the City’s parking fund deficit and the parking issues. If the City builds another ramp it needs to be done well and in conjunction with another project to make it feasible. He does not think that building a ramp where 30% of it will be used for a specific building is a good idea. Request by Forge & Foundry Distillery for a Special Use Permit in the Old Armory. Referred by Planning Commission. (Tabled from July 3, 2018 meeting.) Community Development Director Turnblad reviewed the case. Andrew Mosiman and Christie Wanderer, owners of Forge and Foundry Distillery, submitted a request for a Special Use Permit to convert the garage area of the historic armory at 107 East Chestnut Street to a distillery and tasting room. The Planning Commission referred the decision to the Council citing concerns about parking. The Downtown Parking Commission unanimously voted to approve use of the public parking system for the deficit parking spaces. Staff finds that with certain conditions, the proposed use conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans and other lawful regulations and will not be a nuisance or detriment to the public welfare of the community. Staff recommends approval of the Special Use Permit with nine conditions. If the Council approves the Special Use Permit, they would have to change the condition that tied it to the proposed Parking Agreement Concept. Councilmember Junker commented he would like to approve the special use permit for the distillery, but approving uses in a piecemeal fashion, before parking issues are resolved, is not a good solution. Mayor Kozlowski assured the applicants the denial has absolutely nothing to do with their business plan or operations, as he would love to have the business in town, but the parking issues need to be resolved first. Motion by Councilmember Weidner, seconded by Councilmember Junker, to have a straw vote to deny a Special Use Permit for a Craft Distillery and Sampling Room at 107 East Chestnut Street, Case No. 2018-22, directing staff to draft findings to be adopted at the next meeting. City Council Meeting July 17, 2018 Page 5 of 8 Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None GreenStep Cities discussion Community Development Director Turnblad reviewed steps involved in becoming a GreenStep City. He provided a status report for each of the 29 best practices recommended as part of the program. To become a Step Two GreenStep City would require Stillwater to implement eight of the best management practices. With help from Sustainable Stillwater and other groups, he believes the City will be able to meet that goal. Councilmember Menikheim remarked he is not in favor of it being in the Comprehensive Plan because the plan does not serve that particular purpose. However he believes Stillwater can become a GreenStep City with help from citizens’ groups. This follows a trend that has been taking place in the City over the last 8-9 years where citizens lead improvement efforts such as the Revitalizing Downtown group, treatment of the old bridge and Chestnut Plaza, the landscaping of the Main Street steps, the Pollinator Friendly Alliance and the Dog Park group. He feels the City is more than willing to help, but he would like to see the effort led by Sustainable Stillwater. Mr. Turnblad noted that some cities have a staff member who is the coordinator of the GreenStep program, while others that do not have a coordinator typically do not commit to anything more than saying they’ll look at implementing some of the practices. Councilmember Junker agreed with Councilmember Menikheim, but he would like to include it in the Comprehensive Plan. Councilmember Polehna stated he is in favor of the program, but does not feel it needs to be in the Comprehensive Plan because the City does not have the staff to oversee the effort. Mayor Kozlowski stated he would like to see the City get the recognition and let the community know the City is actively working on these things. Mr. Turnblad stated that the Metropolitan Council is encouraging cities to include new chapters and new information in their comprehensive plans addressing sustainability and resiliency. Don Schuld, 1200 Creekside Crossing, the current co-chair of Sustainable Stillwater, stated the GreenSteps program is designed to provide resources and recognition for what has been accomplished already. He recognizes that the City has a lean staff and that making progress on the continuum will take time and effort. He reaffirmed the group’s willingness to help recruit volunteers to accomplish the goals of the program. Klayton Eckles, 2412 Creekside Court, stated Stillwater’s neighbor cities are in this program. It is not a mandate, but a lens that will help the City look at issues of sustainability. Louise Watson, co-chair of Sustainable Stillwater, stated becoming a Step 3 City might require hiring an intern or more staff, but the program provides tools and the City can pick what is appropriate according to the highest priorities. Julie Drennen, East Metro Regional Manager with Conservation Minnesota, stated once the tools are accessed, volunteers may step up to assist. There are some small cities that have not hired staff members and have done phenomenally well with this program. Andy Jenks, resident of Ward 2, urged Council to consider the program. City Council Meeting July 17, 2018 Page 6 of 8 Sheila Maybanks, Comprehensive Plan advisory committee member, stated the Committee wants to do the right thing, but also wants to be the best financial stewards possible of the City’s resources. She feels environmental renewables is the best way to go and GreenStep Cities will help with that. Motion by Councilmember Polehna, seconded by Councilmember Junker, to enter into the GreenStep Cities program with the qualification that it is a partnership with volunteer organizations. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Possible approval of second reading of Ordinance 1107, an ordinance amending the Stillwater City Code Sec. 31-325, Allowable Uses in Non-residential districts Community Development Director Turnblad stated that the ordinance would allow, by SUP, outdoor events in the public institutional district. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Ordinance 1107, an ordinance amending the Stillwater City Code Sec. 31-325, Allowable Uses in Non- Residential Districts. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Possible approval of second reading of Ordinance 1108, an ordinance amending the Stillwater City Code Sec. 31-325, Allowable Uses in Non-residential districts Community Development Director Turnblad stated this ordinance is a request to allow another type of retail that is not the primary use on property in the Business Park Industrial zoning district. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Ordinance 1108, an ordinance amending the Stillwater City Code Sec. 31-325, Allowable Uses in Non- Residential Districts. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Weidner and Polehna Nays: Councilmember Junker Possible approval of second reading of Ordinance 1109, an ordinance amending the Stillwater City Code Chapter 31, Entitled Zoning Ordinance, by amending the Zoning Map of the city to rezone certain property within the AP – Agricultural Preservation District by adding them to the RA – One Family Residential District and approving Tax Adequacy Assessment Resolution Community Development Director Turnblad stated that on July 3, 2018, the Council approval the preliminary and final plat for the property at 7990 Neal Avenue. At that time the Council held first reading of an ordinance rezoning the property from AP, Agricultural Preservation to RA, One-Family Residential. Staff recommends that the Council adopt second reading of the Ordinance. Motion by Councilmember Junker, seconded by Councilmember Weidner, to adopt Ordinance 1109, an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by amending the zoning map of the City to rezone certain property within the AP-Agricultural Preservation District by adding them to the RA-One Family Residential District, and to adopt Resolution 2018-158, a resolution adopting Transportation Adequacy Assessment for Neal Meadows 5th Addition. City Council Meeting July 17, 2018 Page 7 of 8 Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None NEW BUSINESS Possible approval of resolution providing for the competitive negotiated sale of $5,935,000 General Obligation Capital Outlay Bonds, Series 2018A Finance Director Harrison stated every year the City issues capital outlay bonds as a funding source for capital outlay projects. Included in this bond issue are several projects. Staff recommends setting the sale of the bond issue. Motion by Councilmember Junker, seconded by Councilmember Weidner, to adopt Resolution 2018- 159, resolution providing for the competitive negotiated sale of $5,935,000 General Obligation Capital Outlay Bonds, Series 2018A. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Possible approval of feasibility report for 2018 Sidewalk Rehabilitation Project Public Works Director Sanders informed the Council that a sidewalk rehabilitation project is proposed for the 2018 construction season. 44 properties are included. The total cost of the project is $100,268.24. It is proposed to assess 50% of the sidewalk costs and 50% of the retaining wall costs to affected property owners. The remaining share would be paid for by the City. Construction would take place in August, September and October 2018. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2018-160, receiving report and calling hearing on 2018 Sidewalk Rehabilitation Project (Project 2018-03). Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None COMMUNICATIONS/REQUESTS Councilmember Polehna noted that this Sunday, Beyond the Yellow Ribbon is leading the Lumberjack Days parade. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Junker, to adjourn the meeting. All in favor. The meeting was adjourned at 9:40 p.m. _________________________________ Ted Kozlowski, Mayor ATTEST: ___________________________________ J. Thomas McCarty, Acting City Clerk City Council Meeting July 17, 2018 Page 8 of 8 Resolution 2018-150, directing the Payment of Bills Resolution 2018-151, approving Brown's Creek State Trail Municipal Marylane Avenue Trail Connection Cooperative Agreement between the State of Minnesota and the City of Stillwater Resolution 2018-152, approving Exhibit A as it relates to Resolution 2013-057, Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations under the Internal Revenue Code Resolution 2018-153, appointing Election Judges and Fixing Compensation Resolution 2018-154, establishing a monthly rate schedule for the collection of solid waste and recycling effective July 1, 2018 – June 30, 2019 Resolution 2018-155, approving amendment to the 2018 Summer Tuesdays Special Event Contract Resolution 2018-156, approving Colonial Life’s proposal for employee voluntary worksite Insurance Policies effective September 1, 2018 Resolution 2018-157, appointments to the Library Board of Trustees Resolution 2018-158, a resolution adopting Transportation Adequacy Assessment for Neal Meadows 5th Addition Resolution 2018-159, resolution providing for the competitive negotiated sale of $5,935,000 General Obligation Capital Outlay Bonds, Series 2018A Resolution 2018-160, receiving report and calling hearing on 2018 Sidewalk Rehabilitation Project (Project 2018-03) Ordinance No. 1107, an Ordinance Amending the Stillwater City Code Ordinance No. 1108, an Ordinance Amending the Stillwater City Code Ordinance No. 1109, an Ordinance Amending the Stillwater City Code Without duplicating currently available services, the Stillwater Area Circulator Loop (working title) will: • Provide reliable and affordable transportation for residents of the Stillwater area, with the primary audience being older adults and lower income, disabled residents who lack transportation. • Encourage community interactions and allow homebound residents to stay engaged in community life . • Decrease caregiver burden through enhanced mobility options. The services offers an all-you-can-ride fare that allows riders to get on and off at any of the stops along the one-hour loop. Additionally, customized, on-demand stops are available by request. DARTS provides the service and collects data on the ridership such as how many people were picked up and dropped off at each stop, the on-demand stops that were used, and the fares collected. The bus seats 16 people and is handicapped accessible. It makes a loop for 5 hours a day, one day a week. It would be a cost effective way to connect downtown Stillwater to Highway 36 retail options, as well as offer stops at the library, health care facilities, the government center and senior housing complexes. Fares range from $2 -$5 for an all-day pass. A local community Advisory Committee will recommend the best route to serve the most people, based on a specific list of requirements to become a route stop and a needs assessment survey conducted by DARTS. The Advisory Committee will provide insight into the needs residents have at a particular senior living building, and how traffic patterns might affect the effective route of the bus. The members will also act as liaisons between the project and the community, garnering support as well as providing input about other potential sponsorships. The committee will meet to review ridership statistics, potential sponsorships and possible changes to the route. In addition, the fare will be determined by the committee. DARTS received funding from the Department of Human Services to expand into Washington County as a pilot project in 2018. A loop route costs $25,000 per year to operate and DARTS will direct $10,000 in funding the first year. Community Thread is approaching funders to raise $15,000 for a year of service starting September 2018. We are pleased to announce that we have secured $10,000 in gifts from Allina Health and Lakeview Hospital and are seeking $5,000 from the United Way to launch this pilot project. In terms of annual funding going forward, our community would need to secure $25,000 in funding for the loop to be continued on an annual basis. We are approaching a number of local municipalities for support for funding for 2019-2020. Other potential funders for the second year include local banks; retailers such as Target, Walgreens, and Cub; businesses located in downtown Stillwater; local service clubs; and other generous community supporters. Sponsors will be recognized on the outside of the bus and in promotional materials based on their level of support. We are respectfully requesting $5,000 from the City of Stillwater for 2019. We appreciate the City of Stillwater's consideration of this proposal and I look forward to answering any questions at your council meeting on July 31. Sincerely, Executive Director, Community Thread EXHIBIT "A" TO RESOLUTION #2018-161 Page 1 LIST OF BILLS Advance Auto Parts Equipment repair supplies 55 .62 Amano McGann Inc Tickets 60 .00 Amdahl Locksmith Inc Chris Service call 1,397.30 Ancom Communication Inc. Port antenna 95 .25 Anderson Kyle Refund of design permit 25 .00 Aspen Mills Uniforms 2,688 .65 Battery I 1st US Artillery July 4th Cannon Demonstration 2,100 .00 Bergeron Dawn Refund -ramp didn't give change 20 .00 BHE Community Solar Solar Garden 5,723.89 Bolton and Menk Inc. Lift Station 1,394.00 Burks Tree and Landscape Care Tree care and outreach 2,002 .00 CalAtlantic Homes Grading Escrow Refund 3,000.00 Century Power Equipment Equipment repair supplies 86.76 Cintas Corporation Uniforms & mat cleaning 290 .08 City of Maplewood East Metro Training Facility 805 .00 Comcast Internet 134.90 Computer Integration Technologies IS Developer 2,156.50 Curb Masters Repairs 3,446.55 Daleo Janitorial supplies 904.60 DuFresne Tom Refund -ramp did not give change 15 .00 ECM Publ ishers Publications 907.25 Emergency Automotive Vehicle repair service 219 .40 Emergency Medical Products Safety equipment 74.31 Fastenal Company Supplies 11 .69 Flexible Pipe Tool Repair tractor 1,901 .95 Forestry Suppliers Inc . Paint 219 .04 Goodyear Commercial Tire Tires 492 .22 Grafix Shoppe Non reflective kits for vehicles 2,265 .00 Hardrives Inc. 2017 Street Project 145,232.12 Junker Brad Reimburse for Night to Unite expenses 1,618.59 Ki rvida Fire Inc . Vehicle repair 2,067.84 Kuehn Michael Reimburse for work boots 160.00 L3 Mobile Vision Inc EMA SWR DEP20/Server 1,865 .00 Lano Equipment Equipment repair supplies 52 .62 League of MN Cities Workers Comp Claim 1,842.25 Lennar of Minnesota Grading Escrow Refund 3,000.00 Madden Galanter Hansen LLP Labor Relations Services 236 .05 Mansfield Fuel 9,216 .31 Marshall Electric Company Parking pay machine repair 1,888.00 Menards Supplies 727.84 Metropolitan Mechanical Contractors Maintenance agreement 2,162 .00 Minger Construction Street Project 157,272 .50 Mitchell Ryan Reimburse for cellular service 37.49 Newman Signs Signs 143 .16 Office Depot Office supplies 234 .40 EXHIBIT "A" TO RESOLUTION #2018-161 Page 2 OnSite Sanitation Portable Restroom 182.00 O'Reilly Auto Parts Battery 278.86 Parks MacKenzie Updated position descriptions for HR 600.00 Pioneer Rim and Wheel Co . Equipment repair supplies 93 .12 Primary Products Co . Nitrile gloves 100.05 R W Kirchner & Assoc . Shorty's Cleaner appraisal report 1,200.00 RES Specialty Pyrotechnics Inc . Fireworks 46,000.00 Safe Kids Worldwide Training 50.00 Sanders Shawn Reimburse for License Expenses 176.06 Service on a Shoestring Recycling Coordinator Services 11,362.66 Simplifile LC Filing fee 200.00 St. Croix Boart & Packet Ramp cleaning 1,620.00 Stillwater Motor Company Equipment repair supplies 70 .92 Stillwater Township 2018 Annexation Payment 71,793.41 Supan Enterprises Inc Grading Escrow Refund 1,500.00 T & A Schifsky Aggregate 3,437 .72 Telemetry and Process Controls HMI Software upgrade 7,870 .00 The Foundation Air Watch Support 225 .00 TKDA Marylane Drainage 5,128 .26 Tri -State Bobcat Equipment repair supplies 553.65 University of Minnesota Pesticide applicator recert workshop 145 .00 US Bank Paying agent fees 425.00 USAb le Life Term Life Insurance 472 .80 Valley Trophy Inc. Name plates 15 .00 Walmart Community Supplies 168.93 Washington Conservation Di str Shared Educator 625 .00 Waste Management Garbage Certification 30,495 .58 Water Works Irrigation LLC Repair 131.85 Wicker Steve Reimburse for work boots 144.49 WSB & Associates Inc. Professional service 5,562.00 Zahl Petroleum Maintenance Co. Building repair supplies 337 .30 Ziegler Inc . Lamp 137.85 Zoll Medical Corp Electrodes 203 .38 REC CENTER 4Front LLC Dasher 310.00 Cintas Corporation Mat cleaning service 51.50 Menards Supplies 222 .15 R&R Specialties Inc . Equipment repair supplies 405.56 STAR Membership 275.00 LIBRARY ArtStart Programs 650.00 Baker and Taylor Programs 29.44 Brodart Co Programs 4,617.49 EXHIBIT "A" TO RESOLUTION #2018-161 Page 3 Cybrarian Corporation Cybrarian Software 349.95 ECM Publishers Special Meeting Notice 31.60 Hedin Sue Programs 120.00 Henry Marvin Staff Reimbursement 22.43 Mattson Macdonald Young Inc Pergola Review 1,139.00 Menards Supplies 180.82 Midwest Tape Materials 356.63 Recorded Books Inc Materials 115.15 Stillwater Medical Group Drug Screening 83.00 Toshiba Business Solutions Maintenance Contract 335.92 Viking Auto Sprinkler Co. Building Repairs -Sprinkler 1,250.00 Washington County Library Materials 445.08 MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: July 20, 2018 Re: 2018 Forestry Contract DISCUSSION Attached is the contract and work plan for Forestry Consultant services with James Burks of Burks Landscaping Service (Burks) for 2018. Service as the forestry consultant include review tree plans on private developments, investigate and report to residents and staff on tree issues. Burks rate remains at $52/hour. This will be Burks fourth year with the City as the Forestry Consultant and is satisfactorily performing his duties. RECOMMENDATION It is recommended that Council approve the contract with James Burks of Burks Tree and Landscape Care for 2018 City Forestry consultant services. RESOLUTION 2018-162 APPROVING OF 2018 FORESTRY CONSULTANT CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA that the 2018 Forestry Consultant Contract between the City of Stillwater and James Burks, Burks Tree and Landscape Care, as on file with the City Clerk, is hereby approved and that the Mayor and City Clerk area hereby authorized to execute the Consultant agreement on behalf of the City of Stillwater. Adopted by the Stillwater City Council this 31st day of July 2018. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk written approval is given by the City. 2. Consultant shall submit an invoice to the City to receive payment for services. The invoice shall contain a description of the services rendered including the dates and hours the work was performed. The City shall pay Consultant within seven (7) days from the date of the next regularly scheduled City Council meeting after the invoice is submitted to the City. SECTION IV. STATUS OF CONSULTANT This Contract calls for the performance of the services of the Consultant as an independent contractor and the Consultant will not be considered an employee of the City for any purpose. SECTIONV. INSURANCE Consultant must maintain in effect, during the term of this Contract Consulting Forestry General Liability Insurance in the amount and coverage detailed in the attached Exhibit "B." SECTION VI. INDEMNIFICATION Any and all claims that arise or may arise against the Contractor, its agents, servants or employees as a consequence of any act or omission on the part of the Consultant or its agents, servants or employees, while engaged in the performance of this Contract, shall in no way be the obligation or responsibility of the City. Consultant shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the City, its officers or employees may hereafter sustain, incur or be inquired to pay, arising out of or by reason of any negligence or willful act or omission of the Consultant, its agents, servants or employees, in the execution, performance or failure to adequately perform Consultant's obligations under this Contract. SECTION VII. AUTHORITY The City hereby grants to the Consultant all authority reasonably necessary to pursue and achieve the objectives of this Contract. SECTION VIII. DURATION This contract will be in effect from January 1, 2018 through December 31, 2018 and will be renewable on an annual basis upon mutual agreement by both parties. This agreement may be terminated by either party upon sixty (60) days written notice to terminate the agreement by the party. IN WITNESS WHEREOF, the parties have set their hands this 31st day of July, 2018 . CITY OF STILLWATER a Minnesota municipal corporation By: _______________ _ Ted Kozlowski, Mayor ATTES T: By : _______________ _ Diane F. Ward, City Clerk ST ATE OF MINNESOTA ) ) ss. COUNTY OF WASHING TON ) The foregoing instrument was acknowledged before me this of _______ , 2018 by Ted Kozlowski, Mayor and Diane F. Ward, City Clerk for the City of Stillwater. Notary Public BURKS TREE AND LANDSCAPE CARE By: _______________ _ James Burks, President STATE OF MINNESOTA ) ) ss. COUNTY OF -------) The foregoing instrument was acknowledged before me this __ of 2018 by James Burks, who, being duly sworn, did say that he is the President of Burks Tree and Landscape Care, and that this instrument was signed as the free act and deed of the corporation. Notary Public CITY OF STILLWATER PROPOSED 2018 FORESTRY WORK PROGRAM Submitted by James Burks, CA, CF, Burks Tree and Landscape Care 1/26/2018 WORK ITEM PUBLIC TREE MAINTENANCE Communicate, meet Inspect, evaluate TREE PROTECTION Cite review Development plans EDUCATION/OUTREACH Write articles, plans Forestry HOTLINE Workshops TOTAL ESTIMATED EST. HRS 11 16 11 27 28 EXPLANATION Communicate with Council, Staff (meetings, reports, updates) Inspect, assess, advice public and private trees as requested . Diagnose trees with Dutch elm disease, oak wilt,EAB Perform cite reviews for building permits, tree removal re- quests, make recommendations. Provide inspection of City projects, working with the City to devise strategies to assure viable planting plans, while minimizing the negative effects of invasives species. Review development plans, make site visits and report to the City. Note: these fees to be paid by the developer. With City Staff, develop an emerald ash borer manage. Plan Perform other City writing, speaking duties as requested Return citizen service calls and emails, arrange visits and make recommendations, as requested, including for EAB . Set up and provide educational workshops for citizens, as 0 requested. 93 93 X $52 = $4,368 * Price includes transportation costs to and from Stillwater. TO: Mayor and City Council MEMORANDUM FROM: Shawn Sandefl.'tirector of Public Works DATE: July 23, 2018 RE: No Parking request-South Third Street DISCUSSION With the proposed road improvements to South Third Street this summer, Washington County is requesting that no parking be formalized on portions of South Third Street from Walnut to Chestnut and that other be established. At Chestnut and Pine, these two locations have had designated no parking areas for several years but staff has been unable to find any City resolutions formalizing the no parking areas. The other areas are adjacent to new bump outs at Walnut, Pine, Oak and Olive Streets. A map is attached showing the proposed no parking areas. Staff has reviewed the request and agrees with the County on the no parking request. RECOMMENDATION It is recommended that Council consider and approve no parking for along portions Of South Third Street (County State Aid Highway (CSAH) 23) From Walnut Street to Chestnut Street ACTION REQUIRED If Council agrees with the Recommendation, they should pass RESOLUTION NO. 2018-__ APPROVE NO ON-STREET PARKING ZONE ALONG PORTIONS OF SOUTH THIRD STREET (COUNTY STATE AID HIGHWAY (CSAH) 23) FROM WALNUT STREET TO CHESTNUT STREET (PROJECT NO. S.A.P. 082-623-008) APPROVING NO ON-STREET PARKING ZONE ALONG PORTIONS OF SOUTH THIRD STREET (COUNTY STATE AID HIGHWAY (CSAH) 23) FROM EAST WALNUT STREET TO EAST CHESTNUT STREET (PROJECT NO. S.A.P. 082-623-008) WHEREAS, Washington County has planned improvements for South 3rd Street (CSAH 23)from East Walnut Street to East Chestnut Street in the City of Stillwater; and WHEREAS, CSAH 23 has previously been designated as a County State Aid Highway; and WHEREAS, Washington County will be expending County State Aid Funds for the improvements on CSAH 23; and WHEREAS, these improvements do not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a County State Aid Highway and must therefore be conditioned upon certain restrictions; and WHEREAS, Washington County has determined that no on-street parking shall be allowed on the west and east sides of South 3rd Street along curb bump-outs in the City of Stillwater; and WHEREAS, Washington County has determined that no on-street parking shall be allowed on the west side of South 3rd Street from West Pine Street to West Oak Street in the City of Stillwater; and WHEREAS, Washington County has determined that no on-street parking shall be allowed on the east side of 3rd Street from East Pine Street to Oak Street and 150 feet south of East Chestnut Street to East Chestnut Street in the City of Stillwater; and WHEREAS, The City Council also has authority to establish No Parking Zones and it has been requested by Washington County that the City establish these No Parking Zones; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA that no on-street parking be allowed along the west side of South 3rd Street from West Pine Street to West Oak Street and along the east side of South 3 rd Street from East Pine Street to West Oak Street and 150 feet south of East Chestnut Street to East Chestnut Street at all times. Adopted by the Council this 31st day of July 2018. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk RESOLUTION 2018-163 RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO FORGE & FOUNDRY CRAFT DISTILLERY CPC CASE NO 2018-22 BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the Findings of Fact, Conclusions and Order related to the request for a Special Use Permit by the owners of Forge & Foundry Craft Distillery are hereby approved and the Mayor and City Clerk are authorized to sign the said Findings of Fact, Conclusions and Order. Adopted by the Stillwater City Council this 31st day of July, 2018. ______________________________ Ted Kozlowski, Mayor ATTEST: ______________________________ Diane F. Ward, City Clerk RESOLUTION 2018-164 STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL In Re: Forge & Foundry Craft Distillery request for a Special Use Permit FINDINGS OF FACT CONCLUSIONS AND Planning Case No. 2018-22 ORDER The City Council convened the meeting scheduled for 7:00 p.m. on July 17, 2018 at the Council Chambers in City Hall on the request by Andrew Mosiman and Christie Wanderer ("Applicants") for approval of a Special Use Permit to operate a craft distillery and tasting room to be known as Forge and Foundry Distillery. At the meeting, the City Council considered the report of Bill Turnblad, City Community Development Director, and testimony and exhibits submitted by the Applicant. NOW, THEREFORE, based upon the documents that have been made a pan of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings berein, the City Council makes the following: FINDINGS OF FACT 1. This property is located at 107 East Chestnut. Formerly the property served as an armory building. 2. The Applicants planned to convert the garage on the property into a 1,846.7 square foot craft distillery and 1,846.7 square foot sampling room. 3. The property is zoned CBD, Central Business District. Within the CBD the planned uses of the property are allowed only by Special Use Permit. 4. The Applicants requested a Special Use Permit for the proposed uses. 5. The Zoning Code, Section 31-510 establishes minimum off-street parking standards for commercial uses. The proposed craft distillery and tasting room require 22 parking spaces. No parking is available on the property. 6. The entire former armory building at 107 East Chestnut is currently vacant. Since there is very little on-site parking on the property, any redevelopment of the property will require will require a parking mitigation plan. 7. The City Council and the Purchase Agreement holders for the property considered a future parking ramp adjacent to the property. However, such a parking ramp would be constructed, if ever, at some unknown time in the future. Therefore, there is no immediate solution to the lack of off-street parking available to the planned craft distillery and sampling room. CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That based upon the findings, granting a Special Use Permit for the craft distillery and sampling room is premature, since there is no immediate solution to the lack of off-street parking for the proposed uses. ORDER IT IS HEREBY ORDERED 1. The Special Use Permit for the craft distillery and sampling room is denied. Adopted by ____-____ vote of the City Council this 31st day of July, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBITS A. City Council memo dated July 10, 2018 written by Bill Turnblad, Community Development Director. B. The City Council minutes of July 10, 2018. CITY COUNCIL DATES: July 10, 2018 CASE NO.: 2018-22 APPLICANT: Andrew Mosiman and Christie Wanderer representing Forge and Foundry Distillery REQUEST: Special Use Permit for a craft distillery & sampling room at 107 E Chestnut ZONING: CBD-Central Business District PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Andrew Mosiman and Christie Wanderer, owners of Forge and Foundry Distillery, have submitted a request for approval of a Special Use Permit to convert the garage area of the historic armory at 107 East Chestnut Street to a craft distillery and sampling room. The Planning Commission considered the request in a public hearing held on May 9, 2018. The Commission expressed support for the proposed use on the property, but referred the decision1 to the City Council. The basis for their referral lies in concerns about parking. The Commission cited loss of parking on the property itself, as well as a lack of details for overall parking needs for the rest of the historic armory as reasons to refer the case to the Council. SPECIFIC REQUEST The applicant has requested a Special Use Permit for a 1,846.7 square foot distillery and a 1,846.7 square foot tasting room. PARKING The Downtown Parking Commission considered the project at its May 17, 2018 meeting. Since there is no parking available to the distillery on the property, the business has requested approval of a mitigation plan that would allow all parking to occur in the public parking system. 1 City Code Section 31-207, Special Use Permit and Conditional Use Permit, indicates “on the rare occasion when accountability is an issue, the planning commission may refer a conditional use permit or special use permit to the city council”. Forge and Foundry July 10, 2018 Page 2 Use Area in sf Rate Required parking Tasting room 1,846.7 1/120 sf 15.4 Office 177 1/300 sf 0.6 Foyer 87 NA 0 Production area 1,846.7 1/325 sf 5.7 Shared bathroom 500 NA 0 Total 4,457.4 21.7 22 parking spaces are required for the proposed business2. The Parking Commission noted that the business location is good in terms of capacity in the public parking system. During the busiest hours for the sampling room there would likely be available on-street parking on 3rd Street and in the parking lots up 3rd Street hill. Therefore, the Commission unanimously voted to approve use of the public parking system for the deficit parking spaces. FINDINGS As noted to the Planning Commission, staff finds that with certain conditions, the proposed use conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans and other lawful regulations and will not be a nuisance or detriment to the public welfare of the community. Moreover, the Parking Commission finds there is capacity in the public parking system in the area to accommodate the deficit parking spaces. 2 The parking calculations considered by the Parking Commission were based on inaccurate square footages, which resulted in smaller number of required parking spaces. The actual number of required spaces is 22. Forge and Foundry July 10, 2018 Page 3 ALTERNATIVES A. Approval If the City Council finds the request to be consistent with the provisions of the Special Use Permit process, and that the deficit parking is adequately provided for in the public parking system, then the Council could approve the Special Use Permit by adopting the attached resolution. B. Denial If the City Council finds the request is not consistent with the provisions of the special use permit regulations, or that the public parking system does not have the capacity to accommodate the 22 parking space deficit, then the City Council should conceptually deny the special use permit. A resolution memorializing findings of fact and conclusions will then be brought to the Council for formal adoption on July 31, 2018. RECOMMENDATION Staff recommends approval of the Special Use Permit with the conditions in the attached resolution. Attachments: Resolution Planning Commission Report RESOLUTION 2018-165 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE CITY OF STILLWATER TO PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES PROGRAM WHEREAS, Minnesota GreenStep Cities is a voluntary challenge, assistance and recognition program to help cities achieve their sustainability and quality-of-life goals; GreenStep is a free, continuous improvement program, managed by a public-private partnership, and based upon 29 best practices; and WHEREAS, uncertainty in energy prices and the transition away from fossil fuel energy sources present new challenges and opportunities to both the City of Stillwater and to the economic health of its citizens and businesses; and WHEREAS, climate changes have been observed in Minnesota and have the potential to negatively impact local, regional and state economies; infrastructure development; habitat; ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and WHEREAS, local governments have the unique opportunity to achieve energy use and reductions and cost savings through building and facilities management; land use and transportation planning; environmental management; and through economic and community development; and WHEREAS, efforts to address energy and climate issues provide an opportunity to move toward energy self-reliance and greater community resiliency and quality of life; provide environmentally healthy and cheaper-to-operate public buildings; encourage new economic development and local jobs; and support local food and renewable energy production; and WHEREAS, steps taken toward sustainable solutions aim to improve community quality of life, building community capital and increasing government efficiency, accountability and transparency; and WHEREAS, the Minnesota GreenStep Cities program assists in facilitating technical assistance for the implementation of these sustainable development best practices; and WHEREAS, the Minnesota GreenStep Cities program provides cost-effective sustainable development best practices in the following five categories: (1) Buildings and Lighting; (2) Transportation; (3) Land Use; (4) Environmental Management; and (5) Economic and Community Development. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize the City of Stillwater to participate in the Minnesota GreenStep Cities program. Passage of this participation resolution allows the City to be recognized as a Step One GreenStep City. Be it further resolved that the City: 1. Will facilitate the involvement of community members and other units of government as appropriate in the planning, promoting and/or implementing of GreenStep Cities best practices; and 2. Grants to the GreenStep program’s buildings advisor review access to the City's B3 Benchmarking Database so as to facilitate analysis and cost- saving technical assistance to the City regarding its buildings’ energy use; and 3. Will provide feedback once a year on how well the GreenStep program is serving the City and on City needs from the program; and 4. Will claim credit for having implemented and will work at its own pace toward implementing eight GreenStep best practices. An on-going summary of the City’s implementation of best practices will be posted by the City on the Minnesota GreenStep Cities web site. Enacted by the City Council of the City of Stillwater, Minnesota this 31st day of July, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Date: July 26, 2018 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Issuance of New On-sale & Sunday Liquor License – Match Stick DISCUSSION: An application for a new On-sale and Sunday liquor license for The Crosby Hotel’s restaurant named “Match Stick” has been received from the Restaurant 232, LLC. The premises is located at 232 Main Street N. RECOMMENDATION: Staff recommend approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval required before staff issue the actual license to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled “Approving the issuance of a New On-sale and Sunday Liquor License to Restaurant 232, LLC, DBA: Match Stick”, contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Public Health and Environment Department, Police, Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement Division. RESOLUTION 2018-166 APPROVING THE ISSUANCE OF A NEW ON-SALE AND SUNDAY LIQUOR LICENSE TO RESTAURANT 232, LLC, DBA: MATCH STICK WHEREAS, an application for a new On-sale and Sunday liquor license for The Crosby Hotel’s restaurant named “Match Stick” has been received from the Restaurant 232, LLC. The premises is located at 232 Main Street N.; and WHEREAS, approval is contingent upon fulfilling all requirements to hold an On-sale and Sunday liquor license, the satisfactory investigation, inspections, and approvals from the Washington County Public Health and Environment Department, Police, Fire, Building, Finance Departments, and Minnesota Alcohol & Gambling Enforcement Division. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approve the issuance of a new On-sale and Sunday Liquor License to Restaurant 232, LLC; DBA: Match Stick at 232 Main Street N. Stillwater, MN 55082 effective October 1, 2018. Adopted by Council this 31st day of July, 2018 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Public Works Director / City Engineer DATE: July 27, 2018 SUBJECT: Possible Purchase 2019 Ford 550 Background Public Works Department is proposing to replace a 2007 Chevrolet 3500 1 ton with dump box used mostly for snowplowing, hauling snow, topsoil and mulch. Because of its age and being undersized for the type of work it performs, it is proposed to replace this vehicle with a new truck with dump body and plow and be sized for the type of work it performs. Discussion In looking at a replacement vehicle, staff looked at a cab chassis that would fill the future need for plowing, general purpose hauling and blacktop patching. We received a low quote from Midway Ford on a 2019 Ford 550 4x4 Regular cab and chassis for $26,251.00 on state bid. This price includes a trade‐in of a 2007 Chevrolet 3500 1 ton. The new Ford truck is sized for the appropriate front plow, dump box and sander. Staff received a quote from Truck Utilities on state bid for the front plow, dump box and sander of $47,714.00. GPS from TEC Inc. will be $5,000. Total cost of the chassis front plow, dump box, sander and GPS including trade‐in on the 2007 Chevrolet 3500 1 ton with dump box is $78,965.00. $80,000.00 was budgeted for this equipment purchase. Recommendation Staff recommends the purchase of the new 2019 Ford 550 Truck from Midway Ford for $26,251.00. The front plow, dump box and sander of $47,714.00 from Truck Utilities on state bid and GPS from TEC Inc. for $5,000.00, for a total of $78,965.00. Funds will come from the Streets Capital Outlay equipment Fund. Date: July 27, 2018 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Transfer of On-sale & Sunday Liquor License – Smalley’s to Caribbean Smokehouse DISCUSSION: An application for the On-sale and Sunday liquor license from the Caribbean Smokehouse LLC for premises previously occupied by Smalley’s Caribbean Barbeque at 423 Main Street S. RECOMMENDATION: Staff recommend approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval required before staff issue the actual license to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled “Approving the transfer of an On-sale and Sunday Liquor License to Caribbean Smokehouse LLC, DBA: Caribbean Smokehouse”, contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Public Health and Environment Department, Police, Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement Division. RESOLUTION 2018-167 APPROVING THE TRANSFER OF AN ON-SALE AND SUNDAY LIQUOR LICENSE TO CARIBBEAN SMOKEHOUSE LLC, DBA: CARIBBEAN SMOKEHOUSE WHEREAS, an application for the transfer of an On-sale and Sunday liquor license from Smalley’s Caribbean Barbeque to Caribbean Smokehouse” has been received from Caribbean Smokehouse LLC. The premises is located at 423 Main Street S.; and WHEREAS, approval is contingent upon fulfilling all requirements to hold an On-sale and Sunday liquor license, the satisfactory investigation, inspections, and approvals from the Washington County Public Health and Environment Department, Police, Fire, Building, Finance Departments, and Minnesota Alcohol & Gambling Enforcement Division. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approve the transfer of the On-sale and Sunday Liquor License to Caribbean Smokehouse LLC; DBA: Caribbean Smokehouse at 423 Main Street S. Stillwater, MN 55082 effective October 1, 2018. Adopted by Council this 31st day of July, 2018 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: July 25, 2018 Re: 2018 Sidewalk Rehabilitation Project Project 2018-03 DISCUSSION The public hearing for the 2018 Sidewalk Rehabilitation Project is scheduled for July 31st at 7 :00 pm. Attached are copies of the feasibility report memo and the public hearing notice sent to the affected property owners. RECOMMENDATION It is recommended that Council hold the required public hearing and if Council desires, pass a resolution ordering the improvement and directing the engineer to prepare plans and specifications. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2018-ORDERING IMPROVEMENTS AND PLANS & SPECIFICATIONS FOR THE 2018 SIDEWALK REHABILITATION PROJECT 2018-03 ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS FOR THE 2018 SIDEWALK REHABILITATION PROJECT (PROJECT 2018-03) WHEREAS, a resolution of the City Council adopted on July 17, 2018 fixed a date for a council hearing on the proposed 2018 Sidewalk Rehabilitation Project; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 31st day of July 2018, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 31st of July 2018. 3. City of Stillwater Engineering Department is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 31st day of July 2018 . Ted Kozlowski, Mayor Attest: Diane F . 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STILLWATER MN 55082 10245 PERKINS AVE N STILLWATER MN 55082 10245 PERKINS AVE N STILLWATER MN 55082 105 NEW ENG LAND PL STE 2 80 STILLWATER MN 55082 9985 ARCOLA CT STILLWATER MN 55082 270MAIN ST N STILLWATER MN 55082 223 MAIN ST N STILLWATER MN 55082 10633 WATER LILY T ER WOODBURY MN 55129 10633 WATER LILY TER WOODBURY MN 55129 15 POINT RD BAYPORT MN 55003 1240 FRO NTAG E RD STILLWATER MN 55082 104 MAIN STN STILLWATER MN 55082 PO BOX 15 STIL LWATER MN 55082 118 MAIN ST S STILLWATER MN 55082 11063 HERMITAGE RUNS LITILETON CO 80125 437 BROADWAY ST S STILLWATER MN 55082 118 MAIN ST S STILLWATER MN 55082 1318 SUNNYSLOPE LN STILLWATER MN 55082 437 0 W ROUND LAK E RD ARDEN HILLS MN 55112 241 INTERLACHEN WAY STILLWATER MN 55082 3440 FEDERAL DR# 250 EAGAN MN 55122 409 NELSON STE ST ILLWATER MN 55082 319 HIC KO RY ST W STILLWATER MN 55082 323 HICKO RY ST W STILLWATER MN 55082 607 MAPLE ST W STILLWATER MN 55082 703 MAPLE ST W STILLWATER MN 55082 709 LINDEN ST W STILLWATER MN 55082 7 17 LINDEN ST STILLWATER MN 55082 16 HOLLY LN THIEF RIVER FALLS MN 567( 802 W HIGHPOINT DR CLAREMONT CA 91711 108 3RD ST S STILLWATER MN 55082 16 HOLLY LN THIEF RIVER FALLS MN 567 C 1 16 3 R D ST ST ILLWATER MN 55082 802 W HIGHPOINT DR CLAREMONT CA 9 1711 1123RDSTS STILLWATER MN 55082 110 3RD ST S STILLWATER MN 55082 120 S 3RD ST STILLWATER MN 55082 118 S 3RD ST STILLWATER MN 55082 45ACACIAST CLEARWATER BEACH FL 33 150 3RD ST S #150 STILLWATER MN 55082 45ACACIA ST CLEARWATER BEACH F L 33 1461 2.60TH S T N STILLWATER MN 55082 1 1205 ST CROIX TRL N STILLWATER MN 55082 506 4T H ST S STILLWATER MN 55082 901 4TH ST S STILLWATER MN 55082 7694 LETA W AY VERONA WI 53593 cost per square foot 7 95 Sidewalk -Retaini ng Total Area Assessment Wall Assessment Prooertv Address 24.0 S190.80 $190 80 602 MAIN ST N 97.5 S775 .13 $775.13 520 MAIN ST N 284.0 $2,257 .80 $2,257.80 512 MAIN ST N 35.0 S278 .25 $278.25 450 MAIN ST N 153.5 $1 ,220.33 $1 ,220.33 402 MAIN ST N 15 S1 19.25 $11 9 .25 501 555.0 $4,41225 $4.412.25 333 MAIN ST N 9 .0 $71 .55 $71 .55 270 MAIN ST N 87.0 $691 .65 $691 .6 5 223 MAIN ST N 162.0 $1 ,287.90 $1 2 87 .90 221 MAIN ST N 32 .5 $258.38 $258,38 219 MAIN ST N 24 .0 $190.80 $190 .80 212 MAIN ST N 91 $723.45 $723.45 112 MAIN ST N 97 .5 $775.13 $775.13 102 MAIN ST N 22.5 $178 .88 $178.88 103 MAIN ST N 56 $44 5 .2 0 $445.20 108 MAIN ST s 22.5 $178.88 $178.88 124 MAIN ST s 24 $190.80 $190 BO 127 MAIN ST s 24 $190.80 $190 BO 214 MAIN ST s 16.5 $131 .18 $131 .18 232 MAIN ST s 35.8 $284.61 $284.61 317 MAIN ST s 224 $1 ,780.80 $1 ,780.8 0 32 1 MAIN ST s 175 $1 ,391 .25 $1 ,39 1.25 324 MAIN ST s 30 $238.50 $238.50 423 MAIN ST s 22.5 $178.88 $178.88 319 HICKORY ST w 45 $357 .75 $357.75 323 HICKORY ST w 139_5 $1 ,109.03 $1 ,109.0 3 607 MAPLE ST w 80 $636.00 $636.00 703 MAPLE ST w 81 $643.95 $643,95 7 09 LINDEN ST w 315 $2,504,25 $2.504.2 5 717 LINDEN ST w 5 $39.75 $39.75 102 3RD ST s 1 5 $39.75 $3975 104 3RD ST s 5 $39,75 $39.75 108 3RD ST s 3 5 $39-75 $39 .75 106 3RD ST s 5 $39,75 $39.7 5 116 3RD ST s 5 $39.75 $39.75 114 3RD ST s 5 $39 .75 $39.75 112 3RD ST s 5 $39 .75 $39.75 110 3RD ST s 5 $39.75 $39.75 120 3RD ST s 5 $39 .75 $39 75 118 3RD ST s 2 3 .333 3 S185 .5 0 $185.50 148 3RD ST s 2 3.3333 $185.50 $185,50 150 3RD ST s 2 3 3333 $185.50 $185 50 146 3 RD ST s 7 0 $556.50 $556.50 204 3RD ST s 760 $6,042.00 $6 ,042 00 10 1 3RD ST s 82.5 S655.88 $655.88 506 4TH ST s 225 $1 ,788 75 $1 .788-75 90 1 4TH ST s 336 $2,671 .20 58 ,268.00 $10 .939_20 823 5TH ST s GEOCODE Taxoayer Taxpayer Address Taxpayer City Area Assessment I Wall J Assessment I Prooertv Address I I 1903020340046 ANDERSON MATTHEW D 1216 MACEY WAY STILLWATER MN 55082 25 $1 98 .75 $198 .75 1216 MACEY WAY 3003020340073 TGC PROPERTIES II LLC 5605 MEMORIAL AVE N STILLWATER MN 55082 33 $262.35 $262 .35 308 MELVILLE CT N 3103020210010 KARLSTAD RYAN R & AMY C 613 NEWMAN TRL STILLWATER MN 55082 175 $1 ,391.25 $1 ,391 .25 613 NEWMAN TRL 3103020310043 LEE DAVIDE & MICHELLE M 1035 LEGEND BLVD STILLWATER MN 55082 150 $1 ,192 50 $1 .192 50 1035 LEGEND BLVD 3103020310044 CULLEN PATRICK S & JOANNE M 1025 LEGEND BLVD STI LLWATER MN 55082 95 $755.25 $755.25 1025 LEGEND BLVD 3203020220038 BOSMOE ROGER A & KAREN A 630 SUNRISE AVE STIUWATER MN 55062 36 S266.20 $2862 0 630 SUNRISE AVE 2018-03 2 7125/2018 July 20, 2018 cStiltwater ~ ~ THE BIRTHPLACE OF MINNESOTA ~ NOTICE OF PUBLIC HEARING FOR 2018 SIDEWALK REHABILITATION PROJECT PROJECT 2018-03, L.I. 415 Notice is hereby given that the City Council of Stillwater, Washington County, Minnesota, will meet in the Council Chambers of the Stillwater City Hall, 216 N 4th Street, Stillwater, MN 55082 at 7 :00 p.m. or as soon as possible thereafter, on Tuesday, July 31, 2018, to consider sidewalk improvements. The following properties are proposed to be assessed for such improvement: 101 3rd St S, 102 3rd St S, 104 3rd St S, 106 3rd St S, 108 3rd St S, 110 3rd St S, 112 3rd St S, 114 3rd St S, 116 3rd St S, 118 3rd St S, 120 3rd St S, 140 3rd St S, 146 3rd St S, 148 3rd St S, 150 3rd St S, 107 yct St S, 506 4th St S, 901 4th St S, 823 5th St S, 319 Hickory St W, 323 Hickory St W, 1025 Legend Blvd, 103 5 Legend Blvd, 709 Linden St W, 717 Linden St W, 1216 Macey Way, 102 Main St N, 103 Main St N, 108 Main St S, 112 Main St N, 124 Main St S, 127 Main St S, 212 Main St N, 214 Main St S, 219 Main St N, 221 Main St N, 223 Main St N, 232 Main St S, 270 Main St N, 317 Main St S, 321 Main St S, 324 Main St S, 333 Main St N, 402 Main St N, 423 Main St S, 450 Main St N, 501 Main St N, 512 Main St N, 520 Main St N, 602 Main St N, 607 Maple St W, 703 Maple St W, 308 Melville Ct N, 613 Newman Tr, 630 Sunrise Ave. The estimated cost of the improvements is $100,268.24. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Diane Ward City Clerk Published in Stillwater Gazette on July 20 and July 27, 2018. CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 • WEBSITE: www .ci.stillwater.mn.us MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Dir~ of Public Works Date: July 25, 2018 Re: Marylane Storm Sewer Project (Project 2018-08) DISCUSSION Earlier this year the City obtained the services of TKDA for the design of the plans and specifications for the Marylane Drainage Project. This project would improves the drainage in the area east of Mary lane A venue and the backyards of Monterrey Court by adding storm sewer pipe and grading improvements. Staff has reviewed the plans and is requesting approval of the plans and specifications and of the authorization to bid. Bid opening is scheduled for August 30 and bid results will be presented to Council at the September 4 meeting. Construction is set for this fall. RECOMMENDATION It is recommended that Council approve plans and specifications for the Marylane Storm Sewer Project and order advertisement for bids. 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 MARYLANE STORM SEWER PROJECT (PROJECT 2018-08). APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERl'ISEMENT FOR BIDS FOR THE MARYLANE DRAINAGE IMF'ROVEMENT PROJECT PROJECT Z1iH8-08 WHEREAS, the City hired TKDA to provide engine~ring services for the Marylane Drainage Improvement Project; and WHEREAS, TKDA has prepared plans and specifica~ions for the Marylane Drainage Improvement Project and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by TKI:>A are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette an advertisement for bids upon the making of the improvement 1mder the approved plans and specifications. The advertisement shall be published twice in ~he Stillwater Gazette and, shall specify the work to be done, shall state that bids will be rf'keived by the City Clerk until Thursday, August ·30, 2018, at 2:00 pm which time they .. '..,ill be publicly opened by the City Engineer; will then be tabulated and will be considered =~' the Council at their next regular Council meeting on September 4, 2018, in the Council Chambers. Any bidder whose responsibility ts questioned during consideration of the bid wil be given an opportunity to address the Council on the issue of responsibility. No bid: will be considered unless sealed and filed with the Clerk and accompanied by a cash der~sit, 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 31st day of July 2018. · T~d Kozlowski, Mayor Attest: Diane F. Ward, City Clerk \ MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: July 25, 2018 Re: Veterans Memorial Parking Lot Project (Project 2018-07) DISCUSSION WSB, the City's engineering consultant for the design services of a new retaining wall at the lower lot of the Veterans Memorial has completed the construction plans for this project. Staff is requesting approval of the plans and specifications and of the authorization to bid. Bid opening is scheduled for August 30 and bid results will be presented to Council at the September 4 meeting. Construction is set for this fall. RECOMMENDATION It is recommended that Council approve plans and specifications for the Veterans Memorial Parking Lot P:oj_.ect and order advertisement for bids. 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 VETERANS MEMORIAL PARKING LOT PROJECT (PROJECT 2018-07). APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE VETERANS MEMORIAL PARKING LOT IMPROVEMENT PROJECT PROJECT 2018-07 WHEREAS, the City hired WSB & Associates to provide engineering services for the Veterans Memorial Parking Lot Improvement Project; and WHEREAS, WSB & Associates has prepared plans and specifications for the Veterans Memorial Parking Lot Improvement Project 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 WSB & Associates are hereby approved. 2; The City Clerk is ordered to prepare and cause to be inserted in The Gazette an advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published twice in the Stillwater Gazette and, shall specify the work to be done, shall state that bids will be received by the City Clerk until Thursday, August 30, 2018, at 10:00 am which time they will be publicly opened by the City Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on September 4, 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 31st day of July 2018. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk CITY COUNCIL DATE: June 31, 2018 TO: Mayor & Council Members REGARDING: Pollinator Friendly Alliance of Stillwater Sign Installation Request FROM: Abbi Wittman, City Planner BACKGROUND On January 19, 2016, the City Council adopted Resolution No. 2016-016 authorizing the City’s participation in a DNR Conservation Partners Legacy Fund Grant application. The grant application was for the creation of a pollinator park at the southeast corner of the intersection of Laurel and Owens. Upon being awarded the grant, the Pollinator Friendly Alliance of Stillwater (PFAS) installed a native flower garden, a flowering prairie and a lower prairie garden area to serve as an educational demonstration area for naturalists and citizens. Please see the attached aerial image for reference. As part of the City’s approval, the City agreed to post Clean Water Land & Legacy Amendment logo sign at access points to each land use covered under this project. The location of the sign at the access point(s) is at the land manager’s discretion. REQUEST PFAS is requesting the installation of a 48 square foot interpretative signage for this open space site. Please see the attached image of where the sign is proposed to be located. The purpose of the signage is to educate visitors about ecology, and the interrelationship between water, plants, pollinators, and animals, promoting environmental stewardship and habitat. Two concept designs of the sign have been submitted. Laurie Schneider, Pollinator Friendly Alliance Executive Director, has indicated the design of the sign will be completed soon. CITY CODE REFERENCES City code indicates no signs, other than governmental signs, may be erected or temporarily placed within any street right-of-way or upon public lands or easements or right-of-ways without City Council approval. However, public signs include those designated as having “scenic or historical points of interest”1. While there are no guidelines or standards for public signs on Parks, Recreation and Open Space zoned lands, “bulletin or public information signs not over 32 square feet located only on the 1 City Code Section 31-101.121, public sign definition premise of public, charitable or religious institutions” are permitted in Residential zoned districts, which this sign is proposed to be facing. While there is not a maximum height for these signs, most districts do not allow for freestanding signage to be greater than six feet in height, as measured from the base of the sign or grade of the nearest roadway, whichever is lower. All signs and sign structures must be properly maintained and constructed of sufficiently permanent materials so they will resist weathering. Any existing sign that is rotted, unsafe, deteriorated, defaced or altered must be repaired or replaced. FINDINGS AND RECOMMENDATION As the City of Stillwater has adopted Resolutions endorsing pollinator safe policies and practices and authorized the creation of pollinator habitat on City owned land at the southeast corner of Owens Street North and Laurel Street West, staff finds this site to be an area of scenic interest. As public signs for areas of scenic interest are permitted in the City Code, staff finds that, with certain conditions, the installation of an educational/interpretative sign on this site is conformance with the City Code. Therefore, staff would recommend approval the sign with the following conditions: 1. The sign may not be larger than 32 square feet. 2. The sign may not be greater than six feet in height, as measured from the base of the sign or grade of the nearest roadway, whichever is lower. 3. The sign may not include sponsors. 4. The sign shall contain the Clean Water Land & Legacy Amendment logo. 5. The signs and sign structure must be constructed of sufficiently permanent materials so it will resist weathering. Rotted, unsafe, deteriorated, defaced or altered must be repaired or replaced by the Pollinator Friendly Alliance of Stillwater. 6. Prior to the authorization of the sign’s construction, a scaled design proof will be reviewed by Public Works and Engineering Department staff for compliance with the conditions of approval. COUNCIL ACTION Staff recommends the Council discuss whether a 48 square foot sign, as proposed, would substantially conform to the City Code. Staff further recommends the Council conditionally approve the attached Resolution, with or without amendments, authorizing the installation of a scenic area public information sign at the pollinator open space area at the southeast corner of Owens Street North and Laurel Street West. ATTACHMENTS Aerial Image of Site Proposed Location Image Concept Designs (2) CITY OF STILLWATER RESOLUTION AUTHORZINING THE INSTALLATION OF A SCENIC AREA PUBLIC INFORMATION SIGN AT THE POLLINATOR OPEN SPACE AREA WHEREAS, the Pollinator Friendly Alliance of Stillwater and other collaborating community organizations created a pollinator open space area within the City of Stillwater; and WHEREAS, the pollinator open space area is on property owned by the City of Stillwater and located at the southeast comer of the intersection of Laurel Street West and Owens Street North; and WHEREAS, the City has determined the pollinator open space area is a scenic point of interest; and WHEREAS, the City Council may allow for public information signs on public lands at areas of scenic interest. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Stillwater authorizes the Pollinator Friendly Alliance of Stillwater to install a public information interpretative sign on the property owned by the City of Stillwater and located at the southeast comer of the intersection of Laurel Street West and Owens Street North with the following conditions of approval: 1. The sign may not be larger than 32 square feet. 2. The sign may not be greater than six feet in height, as measured from the base of the sign or grade of the nearest roadway, whichever is lower. 3. The sign may not include sponsors. 4. The signs and sign structure must be constructed of sufficiently permanent materials so it will resist weathering. Rotted, unsafe, deteriorated, defaced or altered must be repaired or replaced by the Pollinator Friendly Alliance of Stillwater. 5. Prior to the authorization of the sign’s construction, a scaled design proof will be reviewed by Public Works and Engineering Department staff for compliance with the conditions of approval. ADOPTED BY THE CITY COUNCIL OF THE CITY OF STILLWATER this 31st day of July, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JULY 24, 2018 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Community Services Property Records and Taxpayer Services Public Works ITEM A. Approve July 10, 2018, County Board Meeting minutes. B. Authorize payment of$53,355 to Minnesota Housing Finance Agency for the Family Homeless Prevention Assistance Program (FHP AP) grant. C. Approve the plat of Miller Farms 61h Addition. D. Resolution -Participate in the Minnesota Department of Natural Resources (DNR) Snowmobile Trails Assistance Program and administer grant for the Star Trail Association. E. Resolution -Approve application for Minnesota DNR Ski Trail grant funding for maintenance of cross-country ski trails within the county park system. F. Resolution-Approve transfer of permanent right-of-way to the City of Forest Lake. *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 available for use In thtf County Board Room If you nood assistance duo to d/sabl/ity or /onguog• baffler, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER