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HomeMy WebLinkAbout2019-02-19 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING February 19, 2019 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Curve Crest Villas Proposed Sale/TIF #9/ Amended Development Agreement Provisions and Financial Review ‐ Discussion and Possible Action V. 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. VI. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator VII. CONSENT AGENDA – 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. 10. February 5, 2019 regular and recessed meeting minutes 11. Payment of Bills 12. St. Croix Boat and Packet Company’s 2019 Dock Permit 13. Joint Cable Commission New Member Appointment – Scott Adamson 14. Agreement with Regions Hospital Emergency Medical Services for EMS Education 15. Stillwater Half Marathon Event Contract 16. RESOLUTION Denial of Historic Armory Site Review Conditional Use Permit 17. RESOLUTION Denial of Concept PUD Amendment for Liberty Village 18. RESOLUTION 2017 Street Improvement Project Final Payment VIII. PUBLIC HEARINGS – Out of respect for others in attendance, please limit your comments to 10 minutes or less. 19. CPC Case No. 2019‐4, to consider an appeal request by Necole Kahn, property owner, for the reconsideration of a variance to construct a third stall on the garage for the property located at 1260 McDougal Green. Notices were mailed to affected property owners and published in the Pioneer Press on Friday, February 8, 2019. IX. UNFINISHED BUSINESS X. NEW BUSINESS XI. COUNCIL REQUEST ITEMS 20. Beyond the Yellow Ribbon update XII. ADJOURNMENT Green New Deal Endorsement Resolution A Resolution expressing the commitment of the Stillwater City Council to endorse the U.S. House of Representatives Select Committee for a Green New Deal. WHEREAS, the world is already experiencing serious, costly, and increasing impacts from climate change, including more intense storms, unprecedented flooding and persistent wildfires; WHEREAS, an October 2018 United Nations Intergovernmental Panel on Climate Change (IPCC) report says we have 11 years, by 2030, to limit devastating global warming and climate change catastrophe; WHEREAS, the October 2018 IPCC report also makes clear that every bit of warming matters, so every fraction of a degree less of warming will save lives and pay dividends across the world's economies; WHEREAS, an inadequate response to climate change will cause devastating economic and environmental disruptions, many of which are already occurring. These repercussions include, but are not limited to: increase in severe storms, longer and hotter heat waves, worsening flood and drought cycles, growing invasive species and insect problems, accelerated species extinction rates, loss of ecosystem services, and a dramatic increase in refugees from climate impacted lands; WHEREAS, the most negative impacts of climate change are generally falling on frontline communities. Frontline communities that are underrepresented, such as lower-income communities or communities of color, are bearing the initial burden of climate change, but are least equipped to adapt to these impacts; WHEREAS, doing what is now necessary to adequately address the climate crisis requires a national mobilization of a scope and scale that is a historic opportunity to virtually eliminate poverty in the United States; WHEREAS, 43 U.S. Representatives have already endorsed Alexandria Ocasio-Cortez's resolution to establish a Select Committee for a Green New Deal; WHEREAS, a Select Committee for a Green New Deal would create a detailed mobilization plan by no later than January 1, 2020 to eliminate or offset manmade greenhouse gas emissions by 2030, invest in communities on the frontlines of poverty and pollution, and guarantee a good job to anyone ready to make this happen; WHEREAS, local endorsements of the Select Committee for a Green New Deal will demonstrate widespread popular support for necessary and just climate action; THEREFORE BE IT RESOLVED, that Stillwater City Council endorses Alexandria Ocasio-Cortez's resolution to establish a U.S. Representatives Select Committee for a Green New Deal. THEREFORE BE IT RESOLVED, that Stillwater City Council commits to a goal of net zero greenhouse gas emissions by 2030 and establishes a committee to create and implement solutions to reach that goal. 1 Nancy Manos From:Tom McCarty Sent:Tuesday, February 19, 2019 2:27 PM To:City Council Cc:Beth Wolf; Nancy Manos; Bill Turnblad; Sharon Provos; Korine Land; 'Ippel, Mary' Subject:Curve Crest Villas Proposed Sale - Additional Information Attachments:Curve Crest Villas Proposed Sale Docs.pdf Mayor and Council,    Attached you will find working papers for the Curve Crest Villas Proposed Sale agenda item for tonight’s meeting.    In summary, here is the status of the due diligence analysis on this item:    1) Staff recommends that the City does not exercise the right of first refusal provision in the Development  Agreement to purchase the property.  2) Springsted, the City’s financial advisor, is in concurrence with the value of the sale proceeds that accrues to the  City of Stillwater pursuant to the provisions of the Development Agreement and the Partnership Agreement –  worksheet is attached.  3) On the City’s behalf, Mary Ippel, bond counsel with Briggs & Morgan, has been working on a Development  Agreement Amendment that updates provisions of the Development Agreement that have been satisfied, are  no longer applicable, or are now transferred to the buyer (see attached draft document).  4) Mary Ippel has also been developing and providing due diligence review of the language for an Estoppel  Certificate that the buyer is required to have in place as a portion of the funding for the purchase of the  property is through HUD (draft attached).    With the understanding that all of the above elements pass the City’s due diligence review, Council could concur with  the request to accept the sale proposal and direct staff to prepare an appropriate Resolution with final wording of the  Development Agreement Amendment, the Estoppel Certificate and final sale proceeds amount for consideration at the  March 5 City Council meeting.    Bond Counsel Mary Ippel will be in attendance at the 7 PM Council meeting tonight.    If there are updated versions of the Development Agreement Amendment and the Estoppel Certificate completed this  afternoon, the documents will be provided at the meeting.  (Staff and bond counsel will not be prepared with final  documents for tonight’s meeting).    Thank you.      Tom McCarty  City Administrator  216 4th Street N.  Stillwater, MN  55082  651‐430‐8801  tmccarty@ci.stillwater.mn.us    PROJECTED TAXABLE INCOME/ LOSS 2018 Projected loss FNMA Prepayment Penalty Deduction Unamortized Loan Costs Deduction Total General Partner Share (0.009%) Limited Partner Share (99.991%) ($10,353) ($210,364) ($48,314) ($269,031) ($24) ($269,007) PARTNER CAPITAL ACCOUNTS (BEFORE GAIN ALLOCATION): GENERAL PARTNER 1/1/2018 Beginning Loss Share Adjusted LIMITED PARTNER 1/1/2018 Beginning Loss Share Adjusted § 6.18 GAlN ALLOCATION First: Eliminate Deficit Capital Accounts Limited Partner Second: Follow§ 6.2.B Distributions Ninth Tier: Limited Partner ($2,557,477 X 20%) Tenth Tier: General Partner ($2,557,477 X 25%) $318 ~ $294 ($1,743,852) ($269,007) ($2,012,859) $2,012,859 $511,495 $639,369 Eleventh Tier: Residual Gain ($3,360,740) General Partner {0.009%) $302 Limited Partner (99.9991%) $3,360,438 2 POSITIVE CAPITAL ACCOUNT BALANCES {AFTER GAIN ALLOCATION): GENERAL PARTNER Adjusted Balance Gain Allocation $639,369 + 302 = Positive Balance LIMITED PARTNER $294 $6 39,671 $639,965 Adjusted Balance ($2,012,859) Gain Allocation $2,012,859 + 511,495 + 3,360,438 = $5.,884,792 Positive Balance Total $3,871,933 $4,511,898 LIQUIDATING DISTRIBUTIONS BASED ON POSITIVE CAPITAL ACCOUNT BALANCES General Partner: ($639,965 / $4,511,898) X 2,557,477 = $362,751 Limited Partner: ($3,871,933 / $4,511,898) X 2,557,477 =$2,194,726 Total GENERAL PARTNER DISTRIBUTION (§6.3A) AMOUNT TO SPLIT PER CITY AGREEMENT (CONTRACT FOR PRIVATE DEVELOPMENT,§ 3.11.1) 80% OF GENERAL PARTNER DISTRIBUTION CITY'S SHARE (50%) 16745943vl $2,557,477 $362,751 $290,201 $145,101 Prepared by: First Amendment to Contract for Private Development aAci-Oe¥elG~mem-9-eed- This AMENDMENT TO CONTRACT OF PRIVATE DEVELOPMENT-A-N&- '93-6-VSbGPMEN--~·B .{!hLs,.:AmendmenO..i s made as of , 20_, by Curve Crest Villa Limited Partnership ("Original Owner"), C urv e C rest Hous i ng Associates L LC, a Minnesota limited liab ility__QQfilj2 a ny ("Borrower") and City of Stillwater ("City"). WHEREAS, Borrower has obtained financing from Dw ight Capital LLC. a N ew Yor k li mited liability~ ("Lender") for the benefit of the project known as CURVE CREST VILL AS ("Project"), which loan is secured by a MULTI FAMILY MORTG AGE, ASSIG MMEt!T OF L~ASE S AND R E NT S , AN D S E CU R IT Y A GRE E MEN T (MINN E S OT A). ("Security Instrument") dated as of January 1, 2019, and recorded in the Recorder's Office of W ashingtoo County, Mi nn e sota ("Records") on _______ , 2019 as Document Number , and is insured by the United States Department of Housing and Urban Development ("HUD"); WHEREAS, Original Owner has received and entered into that certain Contract for Private Development from the City dated as of June 4, 2002 and recorded in the Records July 2, 2002 as Document Number 3247455 (ihe.."Contract") wherein-G-tty--ha~ r:eE}ttfred -·cmfainremrtcttons-arn:t-re-qutremerrts-be-~--aA d-.r.e.co r ded against the -Projeet--feootracl-Rest-rietfoosJ!t, and -. WHEREAS, the City has issued that certain unsecured TIF Note payable to Lake Elmo Bank and has issued that certain unsecured TIF Note payable to Bridgewater Bank in connection with the Contract (together, the "TIF Notes"); and WHEREAS, in addition to the Contract, Original Owner entered into that certain Development Deed ("Deed Restrictions" and, collectively with the Contract ~tJ:icti.o~ "Restrictive Covenants") with respect to the Project, as more particularly described in Exhibit A attached hereto, dated as of June 4 , 2002 and recorded July 2, 2002 , in the Records as Document Number 3247454; WHEREAS, HUD requires as a condition of its insuring Lender's financing to the Project, that the lien and covenants of the Restrictive Covenants be subordinated to the lien, covenants, and enforcement of the Security Instrument; and WHEREAS, the City has agreed to subordinate the Restrictive Covenants to the lien of the Mortgage Loan in accordance with the terms of this Amendment. NOW , THEREFORE , in consideration of the foregoing and for other consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: (a) In the event of any conflict between any provision contained elsewhere in the Restrictive Covenants and any provision contained in this Amendment, the provision contained in this Amendment shall govern and be controlling in all respects as set forth more fully herein. (b) The following terms shall have the following definitions : "Code" means the Internal Revenue Code of 1986 , as amended . "HUD" means the United States Department of Housing and Urban Development. "HUD Regulatory Agreement" means the Regulatory Agreement between Borrower and HUD with respect to the Project, as the same may be supplemented, amended or modified from time to time. "Lender" means ~P-ital L LC , a New Yo rk lim ited l ia b il ity, company , its successors and assigns. "Mortgage Loan " means the mortgage loan made by Lender to the Borrower pursuant to the Mortgage Loan Documents with respect to the Project. "Mortgage Loan Documents" means the Security Instrument, the HUD Regulatory Agreement and all other documents required by HUD or Lender in connection with the Mortgage Loan . "National Housing Act" means the National Housing Act of 1934, as amended. "Program Obligations " has the meaning set forth in the Security Instrument. "Residual Receipts" has the meaning specified in the HUD Regulatory Agreement. "Security Instrument" means the mortgage or deed of trust from Borrower in favor of Lender, as the same may be supplemented, amended or modified . "Surplus Cash " has the meaning specified in the HUD Regulatory Agreement. (c) Notwithstanding anything in the Restrictive Covenants to the contrary, the provisions hereof are expressly subordinate to (i) the Mortgage Loan Documents, including without limitation, the Security Instrument, and (ii) Program Obligations (the Mortgage Loan Documents and Program Obligations are collectively referred to herein as the "HUD Requirements"). Borrower and Original Owner each covenant that neither entity will-Af)t: knowingly take or permit any action that would result in a violation of the Code, HUD Requirements or Restrictive Covenants. In the event of any conflict between the provisions of the Restrictive Covenants and the provisions of the HUD Requirements, HUD shall be and remains entitled to enforce the HUD Requirements. Notwithstanding the foregoing, nothing herein limits the City's ability to enforce the terms of the Restrictive Covenants, provided such terms do not conflict with statutory provisions of the National Housing Act or the regulations related thereto. The Borrower represents and warrants that to the best of Borrower's knowledge the Restrictive Covenants impose no terms or requirements that conflict with the National Housing Act and related regulations. (d) w:r-~TIONAbb-¥-GMt++e9-ln the event of toeedosure (or deed in lieu of foreclosure), the Restrictive covenants (including without liroitatioo, any and an land uB:7:!$r~d~~r z~t~,:e~i~,/ 4?P/0Ta .. (e) Borrower , ~inal Owner and the City ackr:'owledge that Borrower's ,,(, ~ failure to comply with the covenants provided in the Restrictive Covenants does not and 1r;11 11~d,,,,_ . shall not serve as a basis for default under the HUD Requirements, unless a default 'lMv-'llltf also arises under the HUD Requirements. (f) Except for the City's reporting requirement, in enforcing the Restrictive Covenants the City will not file any claim against the Project, the Mortgage Loan proceeds, any reserve or deposit required by HUD in connection with the Security Instrument or HUD Regulatory Agreement, or the rents or other income from the property other than a claim against: i. Available surplus cash, if the Borrower is a for-profit entity; ii. Available distributions of surplus cash and residual receipts authorized for release by HUD, if the Borrower is a limited distribution entity; or iii. Available residual receipts authorized by HUD, if the Borrower is a non-profit entity. ktrv(Jra.c,7(-{ ~('tflf,/Yl._ (g) For so long as the Mortgage Loan is outstanding, {?tmv F;--~ Pt:e.f /,,e GwAei:-afltl-Gfl:y--61::la~or ameneany amehdment to the =e-6ovenaMt~~c.t'?) after the date of thjs Amendment (with the exception of clerical errors or admi nis trative ·/ correction of non-substantive matters,l without HUD's prior written consen t shall be vojd ab jn jtjo . (h) Subject to the HUD Regulatory Agreement, the City may require the Borrower to indemnify and hold the City harmless from all loss , cost , damage and expen se arising after the date of thjs Amendment from any claim or proceeding instituted against City relating to the subord ination and k covenants set forth in th e Restrictive Covenants to the extent that they apply to the Borrower on account of Borrower's assumption of the Originals Owner's obligations unde r Paragraph (o) of this Amendment , provided, however, that Borrower 's obligation to indemn ify and hold the (o) ORIGINAL OWNER: Curve Crest Villa Limited Partnership, a Minnesota limited partnership By: Curve Crest Villa, LLC Its: General Partner By: _____ _ Name: Timothy L. Nolde Title: Chief Manager STATE OF COUNTY OF ------- I, the undersigned, a Notary Public in and for the county and State aforesaid, do hereby certify that on this , -------------- personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that (s)he signed and delivered the said instrument as his/her free and voluntary act and the free and voluntary act of Timothy L. Nolde, the Chief Manager of Curve Crest Villa, LLC, the General Partner of Curve Crest Villa Limited Partnership, a Minnesota limited partnership, for the purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. [seal] Notary Public BORROWER: Curve Crest Housing Associates LLC , a Minnesota limited liability company By : _______________ _ Richard L. Wishcamper, President STATE OF COUNTY OF ------- I, the undersigned, a Notary Public in and for the county and State aforesaid, do hereby certify that on this , _____________ _ personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that (s)he signed and delivered the said instrument as his/her free and voluntary act and the free and voluntary act of for the purposes therein set forth . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. [seal] Notary Public CITY: By:-------------- Name: -------------Ti tie: ------------- STATE OF COUNTY OF ------- I, the undersigned, a Notary Public in and for the county and State aforesaid, do hereby certify that on this ________ _ personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that (s)he signed and delivered the said instrument as his/her free and voluntary act and the free and voluntary act of for the purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. [seal] Notary Public //Id ~ r c/dL Um!) &L,, ~~~~. h ~~~- [Attach Exhibit A -Restrictive Covenants] l6730S4lv3 Document comparison by Workshare 9.5 on Thursday, February 14, 2019 8:19:29 AM 1n'put: .. Docume nt interwoven S ite://WVI MAN /I MANAG E/1673054 1/3 110 Descriptio #16730541v3<1MANAGE> -Amendment to TIF Contract Document C:\Users\MAHOND\AppDat a\Loca l\T emp\Workshare\tmpCCBD\67 210 ~Development Ag reement Amendment v? .DOCX Des c riptio f\Users\MAHOND\AppData\Loc al \Te mp\Workshare\tmpCCBD\67 ~Developme nt Ag re em en t Am en dment v7 .DOCX Renderin WW Default g set . L'..~gQ,:tp : ·' ·•' . ·., , lh.S.f~CtiQD Q.el~ Meved--fr-e-m- M.9..Y.<;;.QJ.[J ,_ Style change Format change MH·l/-eEJ--Or:.]IB-tiHl'I-· Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell s·fa ti stics: . . · . ~I.)}, Count Insertions 22 Deletions 9 Moved from 0 Moved to 0 Style change 0 Format changed 0 !Total changes ESTOPPEL CERTIFICATE To: Dwight Capital LLC 787 Eleventh Avenue, 10th Floor New York, NY 10019 Secretary of Housing and Urban Development U.S. Department of Housing and Urban Development 451 7th Street S.W. Washington, DC 20410 Re: CONTRACT FOR PRIVATE DEVELOPMENT between the City of Stillwater, Minnesota ("City"), and Curve Crest Villa Limited Partnership ("Original Owner"), dated as of June 4, 2002 and filed July 2, 20002 as document 3247455 (the "Agreement") with respect to Curve Crest Villas located at 2225 Orleans Street West, Stillwater, MN 55082 (the "Project") Ladies and Gentlemen: This Estoppel Certificate is furnished by City and Original Owner to Dwight Capital LLC (the "Lender"), and the Secretary of Housing and Urban Development ("HUD") in connection with a mortgage loan (the "Mortgage Loan") that Lender is making to Curve Crest Housing Associates, LLC, a Minnesota limited liability company ("Owner") with respect to the Project, which Mortgage Loan is being insured by HUD. Original Owner and City acknowledge that the Agreement is supplemented by the following documents: that certain filed DEVELOPMENT DEED executed by City dated June 4, 2002 and filed July 2, 2002 as document 3247454; CERTIFICATE OF COMPLETION executed by City dated February 6, 2012 and filed March 30, 2012 as document 3881482; that certain unsecured TIF NOTE payable by City to Lake Elmo Bank ("Lake Elmo TIF Note"); that certain unsecured TIF NOTE payable by City to Bank Plus, as remarketed to be payable to Bridgewater Bank ("Bridgewater TIF Note" and, together with Lake Elmo TIF Note, the "TIF Notes"); and that certain ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE between City, Original Owner and County Assessor of the County of Washington dated June 4, 2002 and filed July 2, 2002 as document 3247456 (Collectively, "Ancillary Development Documents"). Original Owner and City acknowledge that the TIF Notes are to remain a continued obligation of City to Lake Elmo Bank and Bridgewater Bank until the termination date set out therein. Certifications of City. City hereby represents and certifies to the Lender and HUD and their respective successors and assigns that as of the date of City's execution hereof, except as set forth in Exhibit A attached hereto: 1. City has not assigned, pledged, encumbered or transferred any of its rights or obligations under the Agreement. 2. The Agreement sets forth the full and complete agreement between Owner/Landlord and City with respect to the TIF Notes. The Agreement is in full force and effect according to its terms, and is valid and binding upon the City. 3. City is not in default under the Agreement or the TIF Notes. To the best of City's knowledge, no state of facts exists which, with the passage of time or the giving of notice, or both, could constitute a default by City under the Agreement. All distributions, contributions, charges and other payments due to City from Original Owner under the Agreement or under the Original Owner's Limited Partnership Agreement, as amended, have been paid. 4. To the best of City's knowledge; (a) Original Owner is not in default under the Agreement and (b) no state of facts exist which, with the passage of time or the giving of notice, or both, could constitute a default by Original Owner under the Agreement. 5. To the best of City's knowledge, all conditions under the Agreement to be satisfied by Original Owner or City as of the date hereof have been satisfied. 6. All improvements, alterations and other work, if any, to be performed or constructed by Original Owner under the Agreement have been completed and have been accepted by City pursuant to the aforementioned Certificate of Completion. All contributions, if any, required to be paid to City by Original Owner for improvements to the Project have been paid . 7. To the best of City's knowledge, there are no actions, voluntary or involuntary, pending against City under any bankruptcy, receivership, insolvency or similar laws of the United States or any State thereof. 8. City expressly acknowledges that the Project is being transferred to Owner and said transfer is not a violation of Article 8 of the Agreement. DATED as of ____ , 2019 . Signatures appear on following pages -2- CITY: The City of Stillwater By:----------- Name: -----------Title: ----------- .3. ORIGINAL OWNER: Curve Crest Villa Limited Partnership, a Minnesota limited partnership By: Curve Crest Villa, LLC Its: General Partner By:------------ Name: Timothy L. Nolde _______ _ Title: Chief Manager 4- OWNER: Curve Crest Housing Associates, LLC, a Minnesota limited liability company By:------------ Name: -----------Title : ------------ -5- Exhibit A Exceptions : None -6- 16730475v3 Exhibit B AGREEMENT -7- LIST OF BILLS Accela Inc Monthly UB web payments 671.85 Ace Hardware Supplies 39.15 Advance Auto Parts Auto repair supplies 44.51 Advanced Sportswear Polos 516.00 Amdahl Locksmith Inc Chris Keys cut 109.50 American Planning Association APA Membership 294.00 Aspen Equipment Equipment repair supplies 204.63 Aspen Mills Uniforms 1,133.02 BHE Community Solar Solar Garden 1,589.19 BlueCross BlueShield of MN Retiree Health Ins 2,938.00 Board of Water Commissioners 2018 WB Assessments 4,924.59 Century Link Telephone 263.96 Century Power Equipment Equipment repair supplies 19.06 CDW Government Apple iPad for Drone 330.36 Cintas Corporation Uniforms & mat cleaning service 414.37 Cole Papers Janitorial supplies 174.06 Comcast Internet 145.38 Crysteel Truck Equip Equipment repair supplies 357.90 Cummins Sales & Service Equipment repair supplies 1,243.12 Dakota County Technical College Defensive snow plow driving 690.00 Daleo Janitorial supplies 889.43 ECM Publishers Publications 85.50 Element Materials Technology Pioneer Park Bathroom 1,299.50 Emergency Medical Products First aid supplies 32.95 Enterprise FM Trust Lease vehicles 4,033.58 Fire Safety U.S.A . Gas detector 1,550.00 Fury Stillwater Mirror 31.24 Galls LLC Uniforms 113.00 Goodyear Commercial Tire Tires 1,919.14 Gopher State One Call Inc. Locates 191.70 Grainger Supplies 272.14 Granicus Inc Qtrly web streaming service 3,890.76 Heritage Printing Inc. Business cards 155.70 Hoisington Koegler Group Inc Comprehensive plan 2,086.75 Holiday Companies Vehicle washes 265.00 IAFC Membership Membership 265.00 Johnny's TV Inc. Supplies 467.00 Kelly & Lemmons PA Professional service 8,333.00 La Carreta LLC Refund of over pmt 200.00 Lakeview Hospital Legal blood draws 150.00 Levander Gillen Miller PA Professional service 16,906.50 Lincoln National Life Insurance Co COBRA Life Insurance 3.60 Loffler Companies Copier Lease 2,119.03 MailFinance Inc Postage machine lease 455.01 Mansfield Oil Company Fuel 6,270.61 Melby Anisha Park Fee Refund 100.00 Menards Supplies 2,380.16 Metropolitan Council Wastewater Charge 153,390.29 Miller Excavating Washed Sand 122.32 Minger Construction Marine Cir Lift Station Project 12,514.53 MN Crime Prevention Assn Membership 50.00 MP Nexlevel LLC Locating 760.00 MPSTMA Membership 60.00 Municode Code pages 831.80 National Reprographics LLC Records retention 124.50 Newman Signs Sign supplies 4,377.18 Office Depot Office supplies 414.67 OnSite Sanitation Portable Restroom 463.00 Overhead Door Co Building repair supplies 358.90 Pereboom Jesse Reimburse for mileage 126.60 Performance Plus LLC Drug test 45.00 Pullen Annette Marie Therapy 90.00 Quill Corporation Office supplies 267.78 Redstone Construction Vets Memorial Project 459,823.27 Roadkill Animal Control Animal disposal 184.00 Simplifile LC Recording fees 100.00 Sirotiak Loren Reimburse for expenses 106.65 Stillwater Motor Company Vehicle service 51.64 Stillwater Towing Towing service 1,375.00 Streichers Hydration bladder 20.00 SW /WC Service Cooperatives COBRA & Retiree Health Insurance 22,689.20 Tablet Command Inc Tablet Command Enterprise Pro 4,550.00 Telemetry and Process Controls Radio communication repair 2,144.00 The Foundation Mobility labor 112.50 Thomson Reuters Information Charges 141.94 Titan Machinery Equipment repair supplies 412.45 Toll Gas and Welding Supply Cylinders 45.38 Tri-State Bobcat Equipment repair supplies 234.76 Uline Inc Storage box 56.48 Verizon Wireless Police Mobile Broadband 630.34 Voyant Communications Phone 527.66 Washington County Assess & Tax 2019 Prepayment of Property Taxes 11.50 Washington County Hazardous Waste Hazardous Waste Generator license 303.93 Washington County Public Works Street light repair 118.06 Washington County Recorder Recording fees 46.00 Wenck Construction City Hall Project 16,115.00 Wold Architects and Engineers City Hall Project 2,782.07 Zahl Petroleum Maintenance Co. Building repair supplies 390.42 REC CENTER 1ST Line/Leewes Ventures LLC Snacks for concessions 461.30 Advance Auto Parts Equipment repair supplies 89.77 Batteries Plus Bulbs Equipment repair supplies 507.80 BDI Gopher Bearing Equipment repair supplies 176.09 Canteen Refreshment Services Coffee & supplies for concessions 1,295.82 Capital City Glass Rec Center Project 2,242.95 Century Link Telephone 63.27 Cintas Corporation Mat cleaning service 103.00 Coca-Cola Distribution Beverages for concessions 533.76 Comcast Internet 119.85 Corval Constructors Boiler repair 975.00 Ebert Construction Rec Center Project 14,449.50 Grainger Equipment repair supplies 96.24 Jaytech Inc Microbiocide 362.55 Menards Equipment repair supplies 1,491.26 Mercury Electric Electrical repair 4,719.20 New England Sports Sales Inc. Equipment repair supplies 986.17 Pepsi Beverages Company Beverages for concessions 1,004.19 R&R Specialties Inc. Equipment repair supplies 1,407.20 Riedell Shoes Inc. Skates 191.71 St. Croix Boat and Packet Co. Arena Billing 101,331.34 The Retrofit Companies Lights 418.25 Twin Cities Dots & Pop Treats for concessions 764.16 Uline Inc Lanyards & pouches 323.44 Wasche Commercial Finishes Rec Center Project 3,871.25 CREDIT CARDS 10000 Lakes Chapter of ICC Membership 295.00 Amazon.com Glow sticks 738.28 Backgroundchecks.com Back ground checks 114.35 Dropbox Dropbox 750 .00 J.P. Cooke Co. Date stamps 132.90 MN Fire Srv. Cert. Board Recertification 50.00 New Horizons MN Training 3,000.00 NREMT EMT application 80.00 University of MN Continuing ed for building staff 560.00 UPS Shipping 31.34 Walmart Windshield cover 60.98 LIBRARY Ace Hardware Janitorial supplies 167.24 Amano McGann Inc Ramp Exit Gate Repairs 250.50 Amdahl Locksmith Inc Chris Lock Plan & Replacement 2,556.00 Brodart Co Materials 162.17 Cengage Learning Materials 98.68 Dell Marketing L.P. Staff Computers 16,739.74 Friends of the Stillwater Public Library Book Sales Reimbursement 325.50 Green Card Voices Programs -Adult 250.00 Johnson Controls Fire Protection LP Alarm Replacement 1,970.07 Loffler Companies Tech -Polycom Setup 43.75 Marier Sherri L Programs -Adult 150.00 Mattson Macdonald Young Inc Ceiling Crack Assessment 4,556.73 Mercury Electric Photo Cell Replacement 802.38 Mid-America Business Systems Service Agreement 695.00 Midwest Tape Materials 165.40 Minuteman Press Table Covering & Banner 575.53 Recorded Books Inc Materials 100.93 Washington County Library Materials 1,241.01 LIBRARY CREDIT CARD Amazon.com Supplies 836.24 Better Containers Manufacturing Library Bags 99.64 Dream Host Website Hosting 6.00 Pocketethernet IT Supplies 216.57 Quality Logo Products Library Card Holders 156.37 JANUARY MANUALS BlueCross BlueShield of MN Retiree health Ins 5,876.00 Century Link Telephone 91.36 Enterprise FM Vehicle Lease 5,462.69 Morrison Cail Refund of UB overpayment 162.40 Postmaster UB & recycling newsletter postage 4,489 .51 Washington County License Center Registration 1,768.77 Xcel Energy Energy 11,351.75 Xcel Outdoor Lighting Installation of street lights 21,351.52 ADDENDUM Enterprise FM Lease Vehicles 2,568.22 Finklea Patricia Parking ramp refund 14.00 Grainger Supplies 182.60 Iverson Reuvers Condon Professional services 1,209.00 Madden Galanter Hansen Labor relations services 3,022.40 Stillwater & Oak Park Heights CVB 4th Qtr Lodging Tax 52,200.16 Xcel Energy Energy 36,179.48 TOTAL 1,079,431.00 Adopted by the City Council this 19th Day of February, 2019 St. Peter's United Church of Christ February 11, 2019 Stillwater Human Rights Commission City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear HRC Members: RECEIVED FEB 15 2019 City of Stillwater Administration 111 Orleans Street East Sti11wa1:er, Minneso1:a 55082 Telephone: 651-'139-2160 Website: s1:petersstillwa1:er.org Once again this year, significant thanks is in order for the support and efforts of the Human Rights Commission in putting on the Martin Luther King Jr. Holiday Breakfast on January 21st. Seventy- five individuals from around the area gathered together to share a meal, celebrate and recognize some noted HRC Awardees in their community and offer their perspectives, hopes and ideas to each other -all in an effort to foster a truly inclusive and respectful community for all people. Special thanks to Melissa May and Mike Polehna, who started the planning with me, and to Nancy Lyner for her work in contacting awardees to recognize and speakers to inspire us, as well as for putting together the program for the morning. And thanks to other Commission members who attended and led table discussions after the keynote speech to encourage further thought and follow-up actions for justice and peace. The evaluations we received from breakfast attendees were unanimous in their appreciation for the opportunity to gather with others and for the strong local flavor of the Breakfast. It seems noteworthy to me that, from conversations I had, it sounds as though we may perhaps be able to more greatly include students from the Stillwater School District in the Breakfast next year; what a great addition that would be. I look forward to next year when St. Peter's and the Human Rights Commission will work on the MLK Holiday Breakfast together again. In the meantime, thank you for the good work you do as a body encouraging everyone to be participants in a welcoming community that includes all people and what they have to contribute. Sincerely, 111';,"l'j, ~(NWM]v,) Pastor Nancy Swanson 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING February 19, 2019 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Curve Crest Villas Proposed Sale/TIF #9/ Amended Development Agreement Provisions and Financial Review ‐ Discussion and Possible Action (additional information available Tuesday) V. 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. VI. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator VII. CONSENT AGENDA – 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. 10. February 5, 2019 regular and recessed meeting minutes 11. Payment of Bills 12. St. Croix Boat and Packet Company’s 2019 Dock Permit 13. Joint Cable Commission New Member Appointment – Scott Adamson 14. Agreement with Regions Hospital Emergency Medical Services for EMS Education 15. Stillwater Half Marathon Event Contract 16. RESOLUTION Denial of Historic Armory Site Review Conditional Use Permit 17. RESOLUTION Denial of Concept PUD Amendment for Liberty Village 18. RESOLUTION 2017 Street Improvement Project Final Payment VIII. PUBLIC HEARINGS – Out of respect for others in attendance, please limit your comments to 10 minutes or less. 19. CPC Case No. 2019‐4, to consider an appeal request by Necole Kahn, property owner, for the reconsideration of a variance to construct a third stall on the garage for the property located at 1260 McDougal Green. Notices were mailed to affected property owners and published in the Pioneer Press on Friday, February 8, 2019. IX.UNFINISHED BUSINESS X.NEW BUSINESS XI.COUNCIL REQUEST ITEMS20.Beyond the Yellow Ribbon update XII.ADJOURNMENT 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES February 5, 2019 REGULAR MEETING 4:30 P.M. Vice Mayor Polehna called the meeting to order at 4:34 p.m. Present: Vice Mayor Polehna, Councilmembers Collins, Junker and Weidner Absent: Mayor Kozlowski Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Finance Director Provos Library Director Troendle City Clerk Wolf OTHER BUSINESS Gypsy Moth Presentation Marissa Streifel, Plant Protection specialist with the Minnesota Department of Agriculture, explained a proposed treatment program for Gypsy Moths which have been found in the Croixwood area. The affected areas will be treated with BTK, an organically certified biological insecticide that will be applied aerially in May when the caterpillars first come out. The insecticide is highly “order‐specific” and will not harm reptiles, pets or other mammals, nor will it harm pollinators because of the timing of the treatment in the very early spring. The chemical is water‐based, and after treatment is completed, residents may water their gardens and rinse the product off the leaves. Next year monitoring traps will be placed to determine whether treatment was successful. The Department of Agriculture will send information to residents in the treatment area. An open house will be held 5‐7 pm on February 26, at City Hall. Residents may subscribe to text messages or email updates, view online alerts, or call a hotline number for updated treatment information. Joint Meeting with Water Board on Smart Irrigation Controller Pilot Program Shawn Racine, Safe Water Commission, reviewed the Smart Irrigation Controller Pilot Program. 100 smart controllers will be offered to residents at a reduced cost. The controllers analyze weather patterns in order to determine an anticipated amount of water that a yard needs every day. They can save up to 30,000 gallons of water in one residential yard. Robert Benson, Water Department Manager, explained that Brown’s Creek Watershed District and the Water Board are each contributing $9,000 to reduce the residents’ cost for a controller to about $30. The total cost for the program will be $39,301. The program will City Council Meeting February 5, 2019 Page 2 of 9 help the City reach its goal of reducing water usage by 20% over the next 10 years. The number of irrigation systems in use is unknown. A survey will be done on backflow preventers to determine how many irrigation systems are in the City. Councilmember Weidner asked if the controllers would be made mandatory after the grant funding is exhausted; and Mr. Benson replied they have not had that discussion. If all 100 controllers are put in use this year, they may consider offering another 100 in 2020, or possibly start a program for commercial systems which would be more expensive but save more water. Water Board Commissioner George Vania added that Woodbury and the University of Minnesota have seen a benefit in using the controllers. The Water Board will have to determine if the savings is worth the investment. STAFF REPORTS Community Development Director Turnblad informed the Council that VistaTech has satisfied their renewable loan of $250,000 because they have met full time employment requirements. Library Director Troendle informed the Council about two upcoming Saturday reading programs. City Administrator McCarty pointed out that Brian McDaniel with Fransen‐Moore is available to assist once again with lobbying this session. Mr. McCarty will bring back a list of possible lobbying projects, including the Highway 36/Manning project, which is a high priority for Washington County. Motion by Councilmember Weidner, seconded by Councilmember Collins, to retain the services of the lobbyist. All in favor. Vice Mayor Polehna recessed the meeting at 5:23 p.m. RECESSED MEETING 7:00 P.M. Vice Mayor Polehna called the meeting to order at 7:07 p.m. Present: Vice Mayor Polehna, Councilmembers Collins, Junker, and Weidner Absent: Mayor Kozlowski Staff present: City Administrator McCarty City Attorney Land Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Provos City Clerk Wolf PLEDGE OF ALLEGIANCE Fire Chief Glaser led the Council and audience in the Pledge of Allegiance. City Council Meeting February 5, 2019 Page 3 of 9 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificates of Appreciation – Stillwater Winterfest Vice Mayor Polehna presented Certificates of Appreciation to Judd Sather, Emily Tweed, Anissa Raleigh, Taylor Curley, and Sara Jespersen for organizing Stillwater Winterfest. OPEN FORUM GreenStep Cities Presentation Sheila Maybanks and Ann Martin showed information on Stillwater’s participation in the GreenStep Cities program. The six‐member committee has met twice and identified the best practice areas they hope to work on. They will report back to t he Council as work progresses. CONSENT AGENDA January 22, 2019 special and regular meeting minutes Payment of bills 2019 Pay Equity Report Planning Commission New Member Appointment – John Dybvig Fire Departments of Washington County & St Croix County Mutual Aid Agreement Liquor License Licensee Name Change – Pearl & Thief to Lolito RESOLUTION 2019‐018, approving the 2019‐2020 Labor Agreement between the City of Stillwater and AFSCME Council 5 Maple Island Brewery July 4th Event RESOLUTION 2019‐019, a resolution approving a Design Permit for the Crosby Hotel allowing for full‐depth balconies (HPC Case No. 2018‐29 & HPC Case No. 2018‐ 33) RESOLUTION 2019‐020, approving Minnesota Premises Permit for Lawful Gambling for Bayport American Legion, Post 491 at Maple Island Brewery Motion by Councilmember Weidner, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case No. 2018‐68. A public hearing to consider a request by Mark Guenther of Fenway Land Company, LLC, property owner, for the consideration of a Preliminary Plat for 11 single family lots and a rezoning of the property to RB, Two‐Family Residential for the property located at 8393 and 8313 Marylane Ave N in the AP District. Community Development Director Turnblad reviewed the case. Mark Guenther, Fenway Land Company, plans to develop two parcels at 8313 and 8393 Marylane Avenue North, totaling 4.49 acres, into 11 single family lots. The applicant has requested that the Council approve the preliminary plat for the project, to be known as Marylane Meadows. The Planning Commission unanimously recommended approval. The Parks Commission unanimously recommended that the developer be required to construct a bituminous trail on Outlot A connecting the Settler’s Glen trail system to Marylane Avenue, and that the cost of the trail construction be credited against the required park and trail fees of $22,500. Staff recommends tabling the request until the Joint Planning Board reviews the case. However, if the Council wishes to approve the preliminary plat, staff would recommend adding a City Council Meeting February 5, 2019 Page 4 of 9 condition that the Joint Board review the preliminary plat before application is made for the final plat, and any changes requested by the Joint Board be reviewed by the Council. Councilmember Weidner asked about impacts of previous flooding and repair work in this area; and Mr. Turnblad answered that all stormwater will be treated on site and released into an overflow. In a large storm event it will run into the system that was just completed. The development should not affect the subregional system that was just corrected. Vice Mayor Polehna opened the public hearing. There were no public comments. Vice Mayor Polehna closed the public hearing. On a question by Councilmember Weidner about what would happen if the Joint Board denies the preliminary plat; and Mr. Turnblad responded that the Joint Board does not have authority to deny the preliminary plat, only to review and comment. However they do have authority to deny the rezoning. In that event, perhaps there should be another condition that the preliminary plat shall not become effective until the rezoning is approved. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2019‐021, a resolution approving the Preliminary Plat for Marylane Meadows, Case No. 2018‐ 68, with the 13 conditions in the staff report and the added condition that the preliminary plat shall not become effective until the rezoning is approved. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Historic Armory Site Review Conditional Use Permit Community Development Director Turnblad reported that the owners of the Historic Armory property on Chestnut and Third Streets are requesting approval of a site review Conditional Use Permit (CUP) to remodel and convert the property to eight market rate apartments, office space, and perhaps a craft distillery or brewery. There are two options for layouts: with a distillery or without. If no distillery is located in the building, the space proposed for that use would be office space instead. The historic integrity of the building’s exterior will be maintained. The eight apartments require 15 pa rking spaces, a requirement which is met on site. There would be seven standard 9’ x 18’ outside parking spaces for guests of the residents, and eight compact 8’ x 16’ inside parking spaces for residents of the apartments. The parking requirements for the existing building’s use is 41 spaces. The parking load for the proposed use, Option A or B, does not exceed 45. A four‐space increase is allowed for these grandfathered buildings, so Option A and B meet the City’s parking requirements. The Parking Commission recommended approval of the parking plan. The Heritage Preservation Commission has not yet reviewed the Design Permit. Since exterior changes will be minimal, staff would recommend that approval of the Design Permit be a condition of approval. The Planning Commission approved both the Special Use Permit amendment for the craft distillery space and the Special Use Permit for the eight apartment units. The Planning Commission also recommended that the Counci l approve the site review CUP. The owners are requesting that the Council consider $500,000 pay‐as‐you‐go Tax Increment Financing (TIF) assistance for construction of basement parking, to reduce the cost per parking space by 50%, to about $32,000. If there is conceptual support for the TIF City Council Meeting February 5, 2019 Page 5 of 9 request, an application to create the TIF District and begin the formal TIF review process would be submitted by the property owners. Councilmember Weidner pointed out that if the inside parking spaces were designed to standard size, the project would fall short of the parking requ irements because fewer spaces would fit. Councilmember Junker inquired if substandard parking is allowable; and Mr. Turnblad replied that public parking spaces must be 9 x 18’, but the City allows private spaces to be more compact on the basis that the same people park there every day and are familiar with the smaller space. Vice Mayor Polehna asked how the 41‐space grandfathered parking load was calculated; and Mr. Turnblad answered that the calculation was very conservative and did not include drill weekends. Only a normal gymnasium, office and storage uses would have this type of parking need. Under the CUP proposed, the parking load with the distillery would be 41; without a distillery, the parking load would be 45. On a question by Councilmember Weidner if all the parking spaces for the apartments had been designed to standard size, would the project have qualified for a CUP; and Mr. Turnblad responded that it would still qualify for a CUP but they would have to mitigate for parking, either by paying a mitigation fee or leasing additional private parking nearby. Councilmember Weidner expressed that the idea of TIF to help with the cost of underground parking is ridiculous because the building was purchased with the knowledge there was almost no parking. Vice Mayor Polehna indicated that he does not like the idea of approving something that is substandard just to make it work. Councilmember Junker stated he did not recall discussing the parking stall size at the Downtown Parking Commission meeting. Councilmember Collins acknowledged that the Planning Commission unanimously approved a favorable recommendation. They did not pay too much attention to what size the spaces were but felt it was a good use of space and a way to preserve the structure. Councilmember Weidner expressed amazement that there is zero parking for a business to go in there, that all the parking spaces are taken up by the residential tenants. Councilmember Junker pointed out there was zero parking for the building’s prior use. He added that he definitely does not want to consider TIF money. Vice Mayor Polehna agreed the City should not be giving the pro ject TIF money. He supports the concept of the use but not the parking plan. Councilmember Collins commented that using TIF would have to result in a bigger benefit to the community. If there were a way to mitigate parking, he thinks the project is reasonable. Councilmember Junker stated that as a condo owner downtown, underground parking is crucial. If there are two people in these apartments, one person would be parking outside which is a drawback. Another drawback would be having to have a small car. City Council Meeting February 5, 2019 Page 6 of 9 Motion by Councilmember Weidner, seconded by Vice Mayor Polehna, to deny the CUP due to the substandard parking. City Attorney Land pointed out that once the application is denied, if the applicant brings back a substantially different project that corrects the reason for the denial, it may be considered a new application and may be brought before the Council at any time. Motion failed 2‐2. Ayes: Councilmember Weidner and Vice Mayor Polehna Nays: Councilmembers Junker and Collins Motion by Councilmember Collins, seconded by Councilmember Junker, to add a condition that the applicant mitigate the substandard parking by removing one of the spaces, and find a way to rent a parking space from a private landowner. Councilmember Weidner inquired why the City would allow substandard parking spaces at all, why not mitigate all of the parking spaces. Councilmember Collins offered an amendment to the motion that the applicant be required to mitigate all substandard parking spaces. As the seconder, Councilmember Junker concurred. Councilmember Weidner stated he would rather see the CUP application come back with a parking plan because he does not trust that mitigation will happen if it is a condition of approval. Councilmember Junker described that he thought the motion consisted not of going out and finding their own mitigation, but rather, reconfiguring the underground parking design to get full size spaces and then potentially mitigating the difference. Vice Mayor Polehna and Councilmember Weidner agreed that they prefer to see the parking plan before it is approved. City Attorney Land noted that the parking plan is too integrated into site plan review; she is not sure it could be separated out. If the Council feels comfor table trusting staff to determine whether parking mitigation is sufficient, the applicant could be required to construct eight more standard parking stalls, resulting in 15 standard parking spaces, with the Council leaving it to staff to determine if they’ve met the Council’s intent. Motion failed. Ayes: Councilmember Collins Nays: Vice Mayor Polehna, Councilmembers Weidner and Junker Motion by Councilmember Weidner, seconded by Councilmember Junker, to deny the CUP and direct the applicant to come back with a plan for 15 standard parking spaces. All in favor. Concept PUD Amendment in Liberty Village Community Development Director Turnblad explained that Todd Konigson of livwell.design would like to construct four residential units on Outlot D, at the corner of Settler’s Way and New England Place. The proposed units would have a first floor home office facing Settler’s Way with a private garage in the back, facing the tennis courts. The residence would be located above the home office space, on the second and third stories. This necessitates the following requests: 1) a Special Use Permit (SUP) for residences in the Village Commercial City Council Meeting February 5, 2019 Page 7 of 9 district; 2) amendments to the Concept/Preliminary PUD to allow for: a. a reduction in the total number of shared parking spaces; b. three stories (as opposed to 2.5) while remaining under the maximum 35’ height restriction; c. a flat roof as opposed to a gable roof; and d. turning the building so that it faces Settler’s Way. The Planning Commission approved a SUP for live‐work townhomes on this site with six conditions, and recommends approval of the Concept PUD. Staff further finds that with certain alterations, the three story design would substantially conform to PUD 1997‐70 and 2003‐14; staff would prefer to see a gabled roof and a front presence toward Liberty Square. Staff recommends approval of the Concept PUD amendment with three conditions. Councilmember Weidner suggested asking the applicant to come back with the alterations right now rather than making them conditions of approval. Councilmember Junker pointed out that for 20+ years the original concept has been the plan for that area, and the Council is now being asked to change it to fit something in that does not quite fit the rest of the neighborhood. Councilmember Weidner added that the PUD at that time stated it was intended to have that New England square feel. This proposal does not fit the spirit of the original PUD. It represents a drastic change for a prominent piece of property. Community Development Director Turnblad reported that the City received a letter from the president of the Liberty commercial owners’ association supporting this design. Vice Mayor Polehna indicated that as a courtesy, the request should go before the Liberty homeowners’ association also. Mr. Turnblad pointed out that the City sent notice to all property owners within 350 feet and to the homeowners association. Councilmember Weidner reiterated that the proposal does not meet the requirement for a gabled roof and is not facing the right direction, so it should be denied. Motion by Councilmember Weidner, seconded by Councilmember Junker, to deny the CUP amendment. All in favor. Demolition Designation Study for 709 2nd Street South Community Development Director Turnblad informed the Council that on October 17, 2018, the Heritage Preservation Commission (HPC) considered a request from Scott and Rebecca Johnson for the demolition of their residential structure located at 709 2nd Street South. The HPC denied the demolition permit on the basis there was a feasible alternative to demolition of this historic resource. On November 13, 2018, the Council upheld the HPC’s decision and ordered the preparation of a Demolition Designation Study. The Study was prepared by Streamline Associates, LLC, and submitted to the City on December 21, 2018. The Study finds the structure is not a historic resource and not eligible for local listing as a Historically Significant Structure. However, as previously indicated by staff, the structure is eligible to be considered as a designating structure in the City’s eligible East Half, Churchill, Nelson, and Slaughter’s Addition Local Historic District. On January 16, 2019, the HPC discussed the acceptance or rejection of the Demolition Designation Study. The HPC determined that without a specific plan for reconstruction in the Neighborhood Conservation District, accepting the Study would conflict with the purposes and intent of City Council Meeting February 5, 2019 Page 8 of 9 the HPC. Therefore, the HPC deferred acceptance/rejection to the City Council on the basis that: The HPC has already determined the structure is a local historic resource, potentially eligible to be considered a contributing building in an eligible local district; and there may not be protections in place for those buildings that are considered contributing in a local district; and demolition is contrary to the purposes of the HPC, the Neighborhood Conservation District and the Comprehensive Plan; and the concern for demolition is not exclusive to historic preservation purposes but that demolition prevention aids the City in meeting other community goals, such as affordable housing. The Commission further requests a legal opinion from the City Attorney regarding the flaws and deficiencies of the current demolition ordinance and request; and requests that the City Council work with the HPC to update the demolition ordinance to better reflect all community policies. Mr. Turnblad explained the impacts of the Council’s options to accept or reject the Study. Councilmember Weidner inquired if the structure is demolished, are there design guidelines governing what may be built there; and Mr. Turnblad replied yes, any new home built in the RB zoning districts require HPC design review before a building permit may be issued. Vice Mayor Polehna asked if the City has authority to enforce the design guidelines; and Mr. Turnblad answered that if the HPC denies the permit, it may be appealed to the Council, but the HPC has the authority to approve or deny a design. Councilmember Junker stated the Study ordered by Council found that the structure is in a historic neighborhood, but that the house itself is not historic. City Planner Wittman would need to take actions to initiate the designation of the neighborhood as historic, which she did not think could be done before time on this application runs out. Mr. Turnblad added that the City created its first local residential historic district about eight years ago over the neighbors’ objections. Although this neighborhood is eligible to become a historic district, it is not a historic district at this time. If it were to become a historic district, this property would be eligible to be considered a contributing building but it is not eligible to be individually listed as a historic property. Councilmember Junker remarked that the firm that conducted the Study is on the City’s approved vendor list, so rejecting the study would be going against a firm that the City itself deemed qualified to perform such studies. Councilmember Weidner stated he is considering how much control the City would have over whatever would replace the structure. Mr. Turnblad stated if the house is demolished, any new building has to go through the design review process. Designation of the historic district so that this building may be considered contributing, would exceed the 180‐day time limit on this application. Motion by Councilmember Weidner, seconded by Councilmember Collins, to accept the Demolition Designation Study and allow the homeowner to demolish the structure. All in favor. St. Croix Valley Rec Center donation City Administrator McCarty reported that the Stillwater Blueline Boosters Club wishes to donate $25,365 for improvements to high school boys locker room space at the St. Croix Valley Rec Center. City Council Meeting February 5, 2019 Page 9 of 9 Motion by Councilmember Weidner, seconded by Councilmember Collins, to adopt Resolution 2019‐022, a resolution authorizing the City of Stillwater to accept a donation from the Stillwater Blueline Boosters Club. All in favor. COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:27 p.m. Michael Polehna, Vice Mayor ATTEST: Beth Wolf, City Clerk Resolution 2019‐018, approving 2019‐2020 Labor Agreement between the City of Stillwater and AFSCME Council 5 Resolution 2019‐019, a resolution approving a Design Permit for the Crosby Hotel allowing for full‐depth balconies (HPC Case No. 2018‐29 & HPC Case No. 2018‐ 33) Resolution 2019‐020, approving Minnesota Premises Permit for Lawful Gambling for Bayport American Legion, Post 491 at Maple Island Brewery Resolution 2019‐021, a resolution approving the Preliminary Plat for Marylane Meadows, Case No. 2018‐68 Resolution 2019‐022, a resolution authorizing the City of Stillwater to accept a donation from the Stillwater Blueline Boosters Club LIST OF BILLS Accela Inc Monthly UB web payments 671.85 Ace Hardware Supplies 39.15 Adv a nee Auto Parts Auto repair supplies 44.51 Advanced Sportswear Polos 516.00 Amdahl Locksmith Inc Chris Keys cut 109.50 American Planning Association APA Membership 294.00 Aspen Equipment Equipment repair supplies 204.63 Aspen Mills Uniforms 1,133.02 BHE Community Solar Solar Garden 1,589.19 BlueCross BlueShield of MN Retiree Health Ins 2,938.00 Board of Water Commissioners 2018 WB Assessments 4,924.59 Century Link Telephone 263.96 Century Power Equipment Equipment repair supplies 19.06 CDW Government Apple iPad for Drone 330.36 Cintas Corporation Uniforms & mat cleaning service 414.37 Cole Papers Janitorial supplies 174.06 Comcast Internet 145 .38 Crysteel Truck Equip Equipment repair supplies 357.90 Cummins Sales & Service Equipment repair supplies 1,243.12 Dakota County Technical College Defensive snow plow driving 690.00 Daleo Janitorial supplies 889.43 ECM Publishers Publications 85.50 Element Materials Technology Pioneer Park Bathroom 1,299.50 Emergency Medical Products First aid supplies 32.95 Enterprise FM Trust Lease vehicles 4,033.58 Fire Safety U.S.A. Gas detector 1,550.00 Fury Stillwater Mirror 31.24 Galls LLC Uniforms 113.00 Goodyear Commercial Tire Tires 1,919.14 Gopher State One Call Inc. Locates 191.70 Grainger Janitorial supplies 272 .14 Granicus Inc Qtrly web streaming service 3,890.76 Heritage Printing Inc. Business cards 155.70 Hoisington Koegler Group Inc Comprehensive plan 2,086.75 Holiday Companies Vehicle washes 265.00 IAFC Membership Membership 265.00 Johnny's TV Inc. Supplies 467.00 Kelly & Lemmons PA Professional service 8,333.00 La Carreta LLC Refund of over pmt 200.00 Lakeview Hospital Legal blood draws 150.00 Levander Gillen Miller PA Professional service 16,906.50 Lincoln National Life Insurance Co COBRA Life Insurance 3.60 Loffler Companies Copier Lease 2,119.03 MailFinance Inc Postage machine lease 455.01 Mansfield Oil Company Fuel 6,270.61 Melby Anisha Park Fee Refund 100.00 Menards Supplies 2,380.16 Metropolitan Council Wastewater Charge 153,390.29 Miller Excavating Washed Sand 122 .32 Minger Construction Marine Cir Lift Station Project 12,514.53 MN Crime Prevention Assn Membership 50.00 MP Nexlevel LLC Locating 760.00 MPSTMA Membership 60.00 Municode Code pages 831.80 National Reprographics LLC Records retention 124.50 Newman Signs Sign supplies 4,377.18 Office Depot Office supplies 414.67 OnSite Sanitation Portable Restroom 463.00 Overhead Door Co Building repair supplies 358.90 Pereboom Jesse Reimburse for mileage 126.60 Performance Plus LLC Drug test 45.00 Pullen Annette Marie Therapy 90.00 Quill Corporation Office supplies 267.78 Redstone Construction Vets Memorial Project 459,823.27 Roadkill Animal Control Animal disposal 184.00 Simplifile LC Recording fees 100.00 Sirotiak Loren Reimburse for expenses 106.65 Stillwater Motor Company Vehicle service 51.64 Stillwater Towing Towing service 1,375.00 Streichers Hydration bladder 20.00 SW /WC Service Cooperatives COBRA & Retiree Health Insurance 22,689.20 Tablet Command Inc Tablet Command Enterprise Pro 4,550.00 Telemetry and Process Controls Radio communication repair 2,144.00 The Foundation Mobility labor 112.50 Thomson Reuters Information Charges 141.94 Titan Machinery Equipment repair supplies 412.45 Toll Gas and Welding Supply Cylinders 45.38 Tri-State Bobcat Equipment repair supplies 234.76 Uline Inc Storage box 56.48 Verizon Wireless Police Mobile Broadband 630.34 Voyant Communications Phone 527.66 Washington County Assess & Tax 2019 Prepayment of Property Taxes 11.50 Washington County Hazardous Waste Hazardous Waste Generator license 303.93 Washington County Public Works Street light repair 118.06 Washington County Recorder Recording fees 46.00 Wenck Construction City Hall Project 16,115.00 Wold Architects and Engineers City Hall Project 2,782.07 Zahl Petroleum Maintenance Co. Building repair supplies 390.42 REC CENTER 1ST Line/Leewes Ventures LLC Snacks for concessions 461.30 Advance Auto Parts Equipment repair supplies 89.77 Batteries Plus Bulbs Equipment repair supplies 507 .80 BDI Gopher Bearing Equipment repair supplies 176.09 Canteen Refreshment Services Coffee & supplies for concessions 1,295.82 Capital City Glass Rec Center Project 2,242 .95 Century Link Telephone 63.27 Cintas Corporation Mat cleaning service 103.00 Coca-Cola Distribution Beverages for concessions 533.76 Comcast Internet 119.85 Corval Constructors Boiler repair 975.00 Ebert Construction Rec Center Project 14,449.50 Grainger Equipment repair supplies 96.24 Jaytech Inc Microbiocide 362.55 Menards Equipment repair supplies 1,491.26 Mercury Electric Electrical repair 4,719 .20 New England Sports Sales Inc. Equipment repair supplies 986.17 Pepsi Beverages Company Beverages for concessions 1,004.19 R&R Specialties Inc. Equipment repair supplies 1,407.20 Riedell Shoes Inc. Skates 191.71 St. Croix Boat and Packet Co . Arena Billing 101,331.34 The Retrofit Companies Lights 418.25 Twin Cities Dots & Pop Treats for concessions 764 .16 Uline Inc Lanyards & pouches 323.44 Wasche Commercial Finishes Rec Center Project 3,871.25 CREDIT CARDS 10000 Lakes Chapter of ICC Membership 295.00 Amazon.com Glow sticks 738.28 Backgroundchecks.com Back ground checks 114.35 Dropbox Dropbox 750.00 J.P. Cooke Co. Date stamps 132 .90 MN Fire Srv . Cert. Board Recertification 50.00 New Horizons MN Training 3,000.00 NREMT EMT application 80.00 University of MN Continuing ed for building staff 560.00 UPS Shipping 31.34 Walmart Windshield cover 60.98 LIBRARY Ace Hardware Janitorial supplies 167.24 Amano McGann Inc Ramp Exit Gate Repairs 250.50 Amdahl Locksmith Inc Chris Lock Plan & Replacement 2,556 .00 Brodart Co Materials 162.17 Cengage Learning Materials 98.68 Dell Marketing LP. Staff Computers 16,739.74 Friends of the Stillwater Public Library Book Sales Reimbursement 325.50 Green Card Voices Programs -Adult 250.00 Johnson Controls Fire Protection LP Alarm Replacement 1,970.07 Loffler Companies Tech -Polycom Setup 43.75 Marier Sherri L Programs -Adult 150.00 Mattson Macdonald Young Inc Ceiling Crack Assessment 4,556 .73 Mercury Electric Photo Cell Replacement 802.38 Mid-America Business Systems Service Agreement 695.00 Midwest Tape Materials 165 .40 Minuteman Press Table Covering & Banner 575.53 Recorded Books Inc Materials 100.93 Washington County Library Materials 1,241.01 LIBRARY CREDIT CARD Amazon.com Supplies 836.24 Better Containers Manufacturing Library Bags 99.64 Dream Host Website Hosting 6.00 Pocketethernet IT Supplies 216.57 Quality Logo Products Library Card Holders 156.37 JANUARY MANUALS BlueCross BlueShield of MN Retiree health Ins 5,876.00 Century Link Telephone 91.36 Enterprise FM Vehicle Lease 5,462.69 Morrison Cail Refund of UB overpayment 162.40 Postmaster UB & recycling newsletter postage 4,489.51 Washington County License Center Registration 1,768.77 Xcel Energy Energy 11,351 .75 Xcel Outdoor Lighting Installation of street lights 21,351.52 DATE: February 13, 2019 TO: Mayor & Council Members APPLICANT: St. Croix Boat & Packet REQUEST: Annual review of St Croix Boat & Packet dock permit PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Two conditions attached to the St. Croix Boat & Packet Company’s special use permit (SUP) are that the company must: 1) receive a dock permit from the City annually; and 2) allow the “Gondola on the St. Croix” to use the transient portion of the company’s dock for wharfage. The St Croix Boat & Packet Company keeps six excursion boats at their two privately owned docks. Five of them are kept at the dock which is accessed over property that they own. The sixth excursion boat is kept at the dock that is accessed over property leased from the City. All six excursion boats are permitted in this configuration by the 2015 DNR permit. The facilities and geographic details can be seen on the attached exhibit. In addition, according to a lease agreement with St. Croix Boat & Packet as well as the dock permit issued by the DNR in 2015, the City offers 18 transient slips from the facility. St. Croix Boat & Packet Passenger Trips The total number of passengers in 2018 was 112,311, compared with 108,757 in 2017. The total number of excursion boats has remained six. And, the gondola company continues to operate from the St. Croix Boa & Packet dock. 2018 Data Boats Charters Excursions Totals Trips Passengers Trips Passengers Trips Passengers Jubilee II 85 5,675 18 1,375 103 7,050 Majestic Star 85 14,273 11 2,149 96 16,422 Anastasia 101 3,909 2 56 103 3,965 Andiamo Showboat 123 8,731 53 3,609 176 12,340 Empress Andiamo 59 6,406 143 11,905 202 18,311 Avalon 46 13,147 151 41,076 197 54,223 Total 499 52,141 378 60,170 877 112,311 Permit fee The 2019 dock permit rate is proposed to remain the same as in 2018 at $1,700.00 for each excursion boat. For all six boats the total cost would be $10,200. STAFF RECOMMENDATION Staff recommends City Council approval of the 2019 dock permit, which is attached bt attachment: 2019 Dock Permit 2019 DOCK PERMIT Pursuant to Chapter 48.6 of the Stillwater City Code, the Stillwater City Council ("City") hereby grants to the St. Croix Boat and Packet Company ("Company") a Dock Permit upon the following terms and conditions: 1. LOCATION. The Dock may be maintained in the St. Croix River south of East Nelson Street. 2. OTHER RULES. The company must abide by the rules and regulations and permit conditions of the Corps of Engineers of the United States Army and the Minnesota Department of Natural Resources. Any charter or excursion vessels carrying passengers for hire and using docks must abide by applicable U.S. Coast Guard regulations. 3. NO GAS PUMPS. No gas pump may be located on the dock. 4. NO DISCRIMINATION. The Company may not discriminate against any person on the basis of race, creed, national origin, sex or social status. 5. WATER FRONT REGULATIONS. The Company must abide by all rules and regulations and restrictions set forth in Chapter 48.6 of the Stillwater City Code relative to the waterfront. 6. SPECIAL USE PERMIT. The Company must abide by the conditions as set forth in the Special Use Permit (SUP/88-00) issued to Company by the Stillwater City Council, dated July 18, 2000. 7. SCHEDULE OF FEES AND REPORT OF ACTIVITY. Upon request of the City, the Company must submit a schedule of fees charged for the transient boat docking and a report summarizing the boating activity for the year. The activity report must state the number of boating trips made each week and the number of passengers carried during the week. 8. INSURANCE The Company must provide to the City proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims arising out of a single occurrence, covering claims arising out of the activates authorized by this permit, and to name the City as an additional insured on this policy "as their interest may appear". 9. PUMP OUT PRIVILEGES. The Company must provide pump-out privileges for marine heads for any boater requesting this privilege at the same rate and fee charged to boats that are moored at the dock for a fee. 10. INSPECTIONS. The City reserves the right to request inspections of heads, electrical systems or other unsafe conditions on or about the dock or any vessel moored thereto. 11. USAGE. The moorage at the dock facilities is limited to six charter/excursion boats and one service boat not exceeding 26 feet in length. The Company must accommodate a reasonable number of public "walk on" passengers and Company must also accommodate a reasonable number of transient boats. In no event may the number of boats or vessels exceed the moorage limitation contained in the permits issued by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources. 12. PERMIT FEE. The annual permit fee is $1,700.00 for each of the six charter/excursion boats that may be docked at this site. The total permit fee for 2019 shall be $10,200.00. 13. TRANSIENT BOATS Transient boats are defined as vessels that use the dock as a stopover privilege on a trip that does not originate from the dock. “Bareboat” charter vessels are considered transient boats if the origination of the trip, including loading of passengers, takes place elsewhere. 14. PARKING. The City reserves the right to request the Company's assistance in assuring that patrons and guests of the Company will park in a designated municipal parking lot. 15. FIRES. No person may build a fire in any area of the docking premises or in any vessel moored at the dock. 16. OBSTRUCTIONS. The City does not by granting this permit accept any responsibility for dredging the dock area or making the dock area free from obstructions or other hazards to navigation. 17. STORAGE. The City is not responsible for storage of the docks during the off-season and the Company must abide by any decision of the City with regard to storage. 18. RESERVATION OF RIGHTS. The City reserves the right to add or amend these rules when needed to protect the health, safety and welfare of the City. 19. DURATION. The duration of this permit is from January 1, 2019 through December 31, 2019. 20. TERMI NATION. This permit may be terminated by the City at any time it is deemed necessary for the protection of the public safety, health or welfare or for a violation of any conditions of this permit. Dated this _______ day of February, 2019 CITY OF STILLWATER By: _________________________ Ted Kozlowski, Mayor Attest: _____________________ Beth Wolf, City Clerk 1342103.1 CONTINUING MEDICAL EDUCATION AGREEMENT BETWEEN REGIONS HOSPITAL, THROUGH REGIONS HOSPITAL EMERGENCY MEDICAL SERVICES AND STILLWATER FIRE DEPARTMENT THIS CONTINUING MEDICAL EDUCATION AGREEMENT (“Agreement”), effective April 1, 2019 (“Effective Date”), is between Regions Hospital (“Regions”), through its Regions Emergency Medical Services Program (“Regions EMS”), and Stillwater Fire Department (“Agency”). Regions and Agency, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1 - Services 1.1 CME Training. Regions, through Regions EMS, will provide the Continuing Medical Education (“CME”) training program(s) selected below (the “Program(s)”) to Agency providers (“Trainees”) (check all that apply):  Emergency Medical Technician (“EMT”) Continuing Education, as described in Schedule A.1 attached hereto.  Advanced EMT (“AEMT”) Continuing Education, as described in Schedule A.2 attached hereto.  Paramedic Continuing Education, as described in Schedule A.3 attached hereto. 1.2 Scheduling. Regions EMS will provide CME on topics prescribed by the NCCP model on a quarterly basis (i.e., four (4) Contract Quarters (defined below) per year). Regions EMS will provide at least one (1) CME training session per Contract Quarter at Agency’s site. Additional training sessions at Agency’s site to be cooperatively scheduled based on anticipated Trainee count. One session per Contract Year (defined below) may be offered as distance/on-line education at Regions EMS’ discretion. Regions EMS offers multiple training sessions within a Contract Quarter at other agency sites for Trainees to have additional scheduling options. For purposes of this Agreement “Contract Quarter” means each three- month period of the term of this Agreement beginning on the Effective Date. 1.3 Number of Trainees. Each CME training session will be open to a maximum of twenty-four (24) Trainees, unless otherwise agreed to by the parties. Agency will provide Regions EMS with a roster of expected Trainees to allow Regions EMS to coordinate the attendance of providers from other services. 1342103.1 2 1.4 Attendance Reports. Regions EMS will provide accurate reports of Trainees attendance at the training sessions for re-certification. 1.5 Training Site. Except as otherwise specified in Paragraph 1.2 of this Agreement, training will be held at 250 Maryknoll Drive N, Stillwater, MN 55082 (the “Training Site”). The Training Site will accommodate up to twenty-four (24) Trainees, and contain seating that is conducive to lecture, and two separate spaces that accommodate up to twelve (12) Trainees, (1) Instructor, and training equipment. 1.6 Equipment. Regions EMS will provide all reasonably necessary equipment for the CME training sessions, including AV, manikin, etc., unless such equipment is otherwise provided by Agency. 1.7 Evaluation and Tracking. Regions EMS will be responsible for educational evaluation, tracking, and reporting to Agency. Regions EMS will provide feedback to Agency on the status of attendance prior to the last CME session of each Contract Quarter. 1.8 Agency Contact. Agency designates Tom Ballis as the primary Agency contact for the CME training activities contemplated in this Agreement (“Agency CME Coordinator”). The Agency CME Coordinator will be responsible for pre- registration of the Trainees for ALS/BLS CME and communication with Regions EMS regarding attendance status, pre-registration at other training sites, and recertification reports. 1.9 Regions EMS Contact. Regions EMS designates Lauren Halvorsen as its primary contact for Program scheduling, pre-registration, tracking issues, and recertification administrative paperwork (“Regions EMS Contact”). The Regions EMS Contact can be reached by calling 651-254-7788 or via email at EMSEducation@HealthPartners.com. 1.10 Specific Medical Direction or Consultation Requirements. Regions is not required to provide medical direction or consultation services under this Agreement. Medical direction and/or medical consultation services will be provided under a separate agreement. SECTION 2 - Compensation 2.1 Fee. In consideration for the services provided under this Agreement, Agency will pay Regions $100 (the “Fee”) per Student each year during the term of this Agreement. The Fee may be prorated on a quarterly basis. 2.2 Student Count. Agency’s final Student roster count will be determined upon the execution of this Agreement. The Agency’s roster may be increased during the term of this Agreement as a result of new hire with the Agency. The Agency’s 1342103.1 3 roster may be decreased during the term of this Agreement as a result of change of employment status with the Agency. The Agency will be responsible for communicating roster changes directly to Regions EMS. Fees will not change during the term of the Agreement as a result of roster changes. 2.3 Credit. If Agency is currently a party to a medical direction or medical consultation agreement with Regions EMS, and wishes to continue this Agreement, a teaching credit of $0 per year (prorated quarterly), will be applied against the Fee. It is agreed that Agency has __14__ Trainees and will pay Regions $1400 per Contract Year (as defined below). 2.4 Payment Schedule. The billing cycle is as follows (check applicable billing cycle):  Thirty days prior to start of each Contract Quarterly  Thirty days prior to start of each Contract Year (as defined below)  Upon execution of this Agreement for the entire term of the Agreement Regions EMS will invoice Agency and Agency will pay Regions based on the billing cycle selected above. 2.5 No Referrals for Compensation. The parties agree that the Fee has been determined in arms length bargaining, and is consistent with fair market value in arms-length transactions. Furthermore, the Fee is not, has not been, and will not be, determined in a manner that takes into account the volume or value of any referrals or business otherwise generated for or with respect to Regions or between the parties for which payment may be made, in whole or in part under Medicare or any state health care program or under any other payor program. SECTION 3 – Term and Termination 3.1 Term. This Agreement will commence on the Effective Date and will remain in effect until December 31, 2020 (“Initial Term”). Thereafter, Regions EMS will initiate renewal of this Agreement for successive twenty-four (24) month periods unless either party provides the other written notice of non-renewal at least thirty (30) days prior to the end of the then current Contract Year. For purposes of this Agreement, the term “Contract Year” will mean a twelve (12) month period of the term of this Agreement beginning on the Effective Date. 3.2 Termination without Cause. Either party may terminate this Agreement at any time without cause by providing the other party written notice of termination at least sixty (60) days prior to the date of termination. Notwithstanding the foregoing, any termination of this Agreement pursuant to this Section will be effective only at the end of the then current Contract Quarter. Further, no 1342103.1 4 termination pursuant to this Section may be effective prior to the end of the first Contract Year of this Agreement. 3.3 Mutual Agreement. The parties may terminate this Agreement by mutual agreement at any time; however, no termination pursuant to this section may be effective prior to the end of the first Contract Year of this Agreement. SECTION 4 - Miscellaneous Provisions 4.1 Trainees Not Employees. Neither the Trainees nor the Agency staff are employees or agents of Regions for any purpose. None of the Trainees or Agency staff who participate in the CME training pursuant to this Agreement are entitled to remuneration or any other benefits, which may have accrued, or be available to any employee of Regions. 4.2 Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any prior agreements between the parties and any of their respective affiliates or related companies related to the subject matter herein. This Agreement may not be changed, added to, amended, or modified except by a subsequent written instrument signed by an authorized representative of each of the parties hereto. 4.3 Governing Law. This Agreement will be governed, construed and enforced in accordance with the laws of the State of Minnesota, without regard to its conflict of laws provisions. 4.4 Notices. Any and all notices, requests, demands or other communications required or permitted to be given by this Agreement or any agreements referred to herein or entered into pursuant hereto, or by any rule or law, of any kind (“Notices”) will be given in writing and will be deemed to have been given if and when personally delivered, sent by first class prepaid mail, by telegram, or by facsimile, and actually received. Notices will be sent/delivered to the party at the address set forth below or to such other address and to such other person as such party will notify the other Party: To Regions Hospital To Agency Regions Hospital Emergency Medical Services 640 Jackson Street #13801B St. Paul, MN 55101–2595 Attn: Education Manager Stillwater Fire Department 250 Maryknoll Drive North Stillwater, MN 55082 Attn: Stuart Glaser 1342103.1 5 IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated below. REGIONS HOSPITAL AGENCY By: By: Its: Its: Date: Date: Ted Kozlowski Mayor February 20, 2019 1342103.1 6 SCHEDULE A.1 EMT CME Program a. Regions EMS will provide Emergency Medical Technician CME to cover the 20- hour National component of the National Registry of Emergency Medical Technicians National Continued Competency Program (“NCCP”) continuing education requirements. b. Includes skill practice and assessment when indicated as part of the NCCP requirements. c. Regions EMS will provide multiple CME training sessions within a Contract Quarter (as defined below) for Trainees to have more than one option for attending. For purposes of this Agreement “Contract Quarter” means each three-month period of the term of this Agreement beginning on the Effective Date. d. Regions EMS will provide EMT CME that challenges Trainees, and uses reasonable efforts to ensure diversity with respect to instructors and resources. 1342103.1 7 SCHEDULE A.2 AEMT CME Program a. Regions EMS will provide Advanced Emergency Medical Technician CME to cover the 25-hour AEMT National Component of the National Registry of Emergency Medical Technicians National Continued Competency Program (“NCCP”) continuing education requirements. b. Includes skill practice and assessment when indicated as part of the NCCP requirements c. Regions EMS will provide multiple CME training sessions within a Contract Quarter (as defined below) for Trainees to have more than one option for attending. For purposes of this Agreement “Contract Quarter” means each three-month period of the term of this Agreement beginning on the Effective Date. d. Regions EMS will provide AEMT CME that challenges Trainees, and uses reasonable efforts to ensure diversity with respect to instructors and resources. 1342103.1 8 SCHEDULE A.3 Paramedic CME Program a. Paramedic CME to cover the 30-hour Paramedic National component of the National Registry of Emergency Medical Technicians National Continued Competency Program (“NCCP”) continuing education requirements. b. Includes skill practice and assessment when indicated as part of the NCCP requirements c. Regions EMS will provide multiple CME training sessions within a Contract Quarter (as defined below) for Trainees to have more than one option for attending. For purposes of this Agreement “Contract Quarter” means each three-month period of the term of this Agreement beginning on the Effective Date. d. Provide CME that challenges Trainees, and uses reasonable efforts to ensure diversity with respect to instructors and resources   Date: February 14, 2019 TO: Mayor & City Council FROM: Beth Wolf, City Clerk SUBJECT: Run Stillwater Inc. Event & Contract Half Marathon/10K/5K – May 25, 2019 Attached is the 2019 Half Marathon Event application and contract. The proposed event is planned to be the same as last year. The 5K starts at Brown’s Creek Park. The half marathon and 10K starts out of city limits on the Gateway Trail. The finish line for all races is on Laurel between 3rd and 2nd Street. 2nd Street between Cherry and Wilkins are closed to thru traffic for the finish line. Participants go into Pioneer park for post‐race activities. Stillwater Police provide coverage downtown for the shuttle and along the course. Any associated City costs will be invoiced according to the 2019 Fee Schedule and due May 10, 2019. ACTION REQUIRED If Council wishes to approve the special event they should pass a motion approving the 2019 Half Marathon event and contract with Run Stillwater Inc. subject to coordination of the event with the City’s Police, Fire EMS and Public Works to meet the City’s requirements. Site Plan: A site plan is mandatory for all events . Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc . If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, cross ings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No D Yes ~ Number and size : 2-4 at finish area on iron fence Will there be any inflatables? No !&'.I Yes D Insurance certificate from rental vendor is required Will there be entertainment? No IZl Yes D What type : Fees for electricity may apply see Instructions Will sound amplification be used? No D Yes ~ Hours and Type: Small PA at finish for announcer Will a stage or tent(s) be set up? No D Yes IZl D' . 1Ox10 pop-up tent, no stakes 1mens1ons : Will there be temporary fencing? No D Yes l&I Will merchandise/food items be sold? No I&] Yes D How many Fees for electricity may vendors expect ed : apply see Instructions Will food be prepared on site? No I&] Yes D Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No IZl Yes D Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No IZl Yes D See Alcohol Regulations in the Instructions Will alcohol be sold? No C8J Yes D See Alcohol Regulations in the Instructions Will there be a fireworks display? No IZl Yes D Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source . P.A. system at the finish line is powered by a small generator. Possible need for 100v power from the bathroom building in Pioneer park for finishlline activiites . Describe level of advertisement (ie , radio, flyers , ads , tv, pres s release). Attach sample if available Ads in local and regional running publications, eblasts to race email list. Press releases to local media before the races. Online website with optimized search engine and digital advertising . City Services (AftJ;!r reviewing the event appllcatlon , City services may be reqlJried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No D Yes IZl Start/End Time: 0800-1100 Date: May 25, 2018 City Sidewalks or Trails No D Yes ~ Start/End Time: 0800-1100 Date : May 25 , 2018 Public Parking Lots or Spaces No D Yes ~ Start/End Time: 0500-1130 Date: May 25, 2018 Will event need barricade(s)? No D Yes ~ Number needed: Event will provide Fees may apply see Instructions Will extra picnic tables be needed? No IZl Yes D Number needed : Fees may apply see Instructions Street Closure (barricades) Stillwater Half Marathon/1 OK/5K Finish Area -... --J -. - Pioneer '~ark ~- .l . . ... Staffing Stillwater Half Marathon/1 OK/SK May 25, 2019 Water Stations, Mobile, Spotters, etc. Traffic Plan & Staffing Emergency Plan Run Stillwater Inc. Race Coordinators Stacy Einck, (651) 470-3802 Kate Mertz, (651) 261-9997 Starts and Water Stations. etc. A ll Starts (Half, 1 OK and 5K) Staffed Basic first aid kit Porta potties Water Wat er/Aid St ops -Ha lf/ 6 ; 1 OK/ 3 ; 5K/ 1 -at two-mile increments -Last three Half Marathon water stops are also used by the 1 OK, Water Station six is used by all runners and is at 2.5K of the 5K course Staffed Basic first aid kit Porta potties Water/Gatorade Mo bile -on th e course -moving alo ng the course mon itori ng runners Lakeview EMS (roaming as needed) Bike patrol following the last runner on Gateway Trail Sag bus_following the last runner from Norell and Gateway Trail to Finish Race staff Spotters/Marshals -on t he course in fixed positions Every intersection on the course(s) will have either a course marshal (no. TBD, in the past 44 total) or law enforcement officer (no . TBD total). All "spotters" will be instructed to watch for runners who appear to be having difficulty and report that information to the course director, who in turn will pass that information to positions ahead of that runner with instructions to monitor that runner. Sag Bus -following t he last runner A bus will follow the last runner starting at Norell and Gateway Trail picking up anyone that decides they are done running/walking for the day. Event staff, in vans , will be dispatched as needed to meet the Sag Bus and bring those participants to the finish line area, where, if needed, EMS staff will be located. Stillwater Half Marathon/1 OK/SK May 25, 2019 Finish Line (Common finish line for all races) Lakeview EMS w/Ambulance (dedicated) Ice Water Gatorade Bouillon cubes (if needed) Recovery Food : Garbs Salty Fruit Fireman's Mist (if needed and SFD can do it) Communication Serious medical situations will be reported via 911 with public safety responding . Minor first aid situations will be reported by text message to a dedicated event staff cell phone with event staff or event medical responding. Event staff will have a list of "Captain" cell numbers for both start lines and all water stations and for each course marshal. Cell numbers will allow event staff to communicate amongst each other at specific positions on the course regarding runners who have been reported to be "struggling". All medical incidents will be described in a written report that will include runner's name, bib number, description of medical issue and action taken . Traffic Plan and Staffing Cou r se Descri ption -Ha lf Marathon -(see maps) Traffic on the course will be controlled by six state patrol officers, __ Stillwater PD officers, and 44 course marshals. The marshals have all received training in traffic control. All marshals will wear approved safety vests . Every intersection on the course will be staffed. The first eight miles of the Half Marathon course are on the paved Gateway Trail. The course/trail crosses one road that has significant traffic at Mile 2 (Gateway Trail and Jamaca). A Minnesota State Trooper, along with his squad car with lights flashing, will cover that intersection to ensure the runners' safe crossing. Course marshals will be positioned at various locations along the Gateway Trail. The 1 OK race joins the Half Marathon course on the Gateway Trail at Myeron Road North. The Half Marathon/1 OK course leaves the Gateway Trail at about Mile 8 and crosses County Highway 55/ Norell Avenue North. A Minnesota State Trooper and squad car will be positioned at the Norell crossing to ensure runner safety as they cross Norell. Runners then move south on the bike/walking path in the east side of the road for about two miles. At the end of that trail runners will run on the east side of the road, inside traffic cones, towards traffic, for another two miles to the intersection of State Highway 96 and Norell Avenue North. 2 Stillwater Half Marathon/1 OK/SK May 25, 2019 "Caution Running Event in Progress" signs will be positioned at both ends of this portion of the course. Course marshals will be positioned along this part of the course to slow traffic and keep runners inside the traffic cones. Three Minnesota State Troopers and squad cars will be positioned at the intersection of State Highway 96 and Norell Avenue North to ensure the runners a safe crossing at that intersection. The Half Marathon/1 OK runners then enter residential Stillwater running on the bike/walking trail that is directly east of Stonebridge Trail. The runners leave the bike trail on Stonebridge Trail and turn east on St. Croix Avenue running inside traffic cones as noted on the map. Runners then turn south on William Street and run inside traffic cones to Laurel Street where they turn east and run inside traffic cones to the finish line located on Laurel Street approximately 100 feet west of Second Street Note: If the course is on a city street, runners will be running toward traffic, with no parking on that side of the street, inside traffic cones. Public safety officers and course marshals will be positioned at each intersection to control traffic. One block of Laurel Street between Third Street and Second Street will be closed to traffic to accommodate the finish line. Road closed signs and barriers will be positioned to facilitate the road closing. Course Description -SK (Map attached) The 5K course starts at Brown's Creek Park and runs on city streets until it reaches State Highway 96. Public safety officers or course marshals will be stationed at every intersection to ensure the runners safety. At State Highway 96 the runners turn east and run inside traffic cones to the intersection of Norell Avenue North and State Highway 96. At this point the 5K courses and the Half Marathon/1 OK courses combine. Warning Lites of Minnesota will place all signs and cones in position prior to the races and remove them after the races. Emergency Plan Race staff will meet with public safety per the terms in the City of Stillwater/Run Stillwater, Inc. contract. Pre-Race Weather Race staff will use a direct phone number at the National Weather Service providing immediate, 24/7 access to weather information. Pre-race weather will be monitored carefully. A race day forecast that indicates the possibility of "outside the norm" weather (heat, cold, wind, potential severe weather, etc.) will be passed on to participants via email the night before the race. In this email any possible adjustments to the race day schedule will be identified and any suggestions for runners (very hot-hydrate more) will be passed along. 3 Stillwater Half Marathon/1 OK/SK May 25, 2019 Race-Day Weather Race day morning, race staff will have arranged in advance to connect with the National Weather Service and get an hourly forecast through 12 noon for the race area. If there is any weather in the forecast that could affect the race (high winds, electrical activity) either by delaying the start times or canceling the races altogether, weather monitoring will be done in increments of thirty minutes. The decision to delay the race start or cancel the race altogether will be made by the race coordinators based on weather conditions. Race coordinators will then notify public safety. The public safety officer contact will be identified one week prior to the race and will exchange cell phone numbers with the race coordinators . The races will only be started if the weather forecast shows that runners will be able to complete their races without severe weather impacting them (8:00 a.m. -11 :00 a.m .). Parameters for weather conditions are as follows: • Electrical activity in the area • Hail • High winds • WBGT less than 65 degrees Fahrenheit is Green Flag/No Warning to runners necessary • WBGT 65 to 72 degrees Fahrenheit is Yellow Flag/Recommend participants at increased risk for heat collapse. Slow pace. Warn all entrants of increased risk of heat collapse. • WBGT 73 to 82 degrees Fahrenheit is Red Flag/Recommend participants at increased risk for heat collapse withdraw from race, and other slow pace to match conditions. • WBGT above 82 degrees is Black Flag/Cancel or recommend voluntary withdrawal. Note: Wet Bulb Global Temperature (WBGT) parameters according to U.S.A. Track and Field guidelines. In the event that delaying the start or canceling the race is contemplated, runners will be held at the race check-in point -the Water Street Inn -until a definitive schedule can be set. Runners will be asked to either stay inside the hotel or on the shuttle buses. (All runners are shuttled by bus to their respective race starting lines). Runners will receive schedule updates on a regular basis from race staff and course marshals . The race will use standard safety procedures regarding the presence of lightning on the course . The race will be delayed or stopped if there is any lightning on the course and will only be started or resumed after 30 minutes without any electrical activity in the area and a weather forecast that indicates no electrical activity is predicted in the area until after the projected race finishing times . If the races have started and there is a weather change that introduces the possibility of severe weather impacting the races while they are in progress, all shuttle buses will be positioned on the course to pick up runners if evacuation of the course( s) becomes necessary. 4 Stillwater Half Marathon/1 OK/SK May 25, 2019 Evacuation Plan If the races are stopped because of severe weather, or any other reason, the decision to stop the races will be communicated to staff on the course by the race coordinators . Public safety officers will drive the courses announcing the decision to stop the race over their squad car sound systems. The race shuttle buses will be used to clear the courses. If Half Marathon/1 OK runners are still on the Gateway Trail, buses will be directed to these positions to clear runners from the Gateway Trail. • At Half Marathon start on the Gateway Trail at Highway 36 • At 75th and County 12 • At Jamaca • Along Jeffrey Blvd. • At Highway 96 • At Lansing Avenue • At Manning Avenue • At Myeron Road • At Norell Avenue North Buses will rotate down the course following the stream of runners. Minnesota Central Bus, will coordinate the bus movements under direction of race staff and public safety officers . Buses will be sent down the Half Marathon/1 OK and 5K courses to pickup runners . Runners will be delivered to The Water Street Inn in downtown Stillwater so they can return to their cars. 5   STILLWATER HALF MARATHON EVENT AGREEMENT WITH RUN STILLWATER, INC. THIS AGREEMENT (the “Agreement”) is made this 19th day of February, 2019 between the CITY OF STILLWATER, Washington County, Minnesota (“City”), and RUN STILLWATER, INC., a Minnesota limited liability corporation (“Organizer”), PO Box 21, Stillwater, MN 55082. 1. Stillwater Half Marathon, 10K and 5K. The City hereby authorizes Organizer to organize and conduct a race to be known as the Stillwater Half Marathon (“Race”) in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. 2. Dates and Hours of Event. Operations are limited as follows: Setup: May 25, 2019 (5:00 am to 8:00 am) Event: May 25, 2019 (8:00 am to 11:00 am) Cleanup: May 25, 2019 (8:00 am to 11:30 am) The Race. The “Race” will include a Half Marathon, 10K and 5K race 3. Course for the Race. (a) Half Marathon Course. Event starts at Gateway Trail and proceeds (N) to Norell Ave. Right (SE) on path on east side of road to Stonebridge Trail. Straight (S) on path on east side of road to St. Croix Ave. Left (E) to William St. Right (S) to Laurel St. Left (E) to finish at Pioneer Park. (b) 10K Course ‐ Starts on Myeron and goes south to join the Half Marathon Route. (c) 5K Course. The race will start on Neal Avenue in front of Brown’s Creek Park and proceed north to Oak Glen Trail turn right and proceed to State Highway 96 turn east and go to Stonebridge Trail to join the Half Marathon Route. (d) Changes in the Race Course or Start and Finish Lines that deviate from the Race Course described in this section may be made only by agreement of the Parties, and far enough in advance of the Race to allow for public input, public safety and health considerations to be smoothly adapted to any changes. 4. Parking Control. The purpose of the Parking conditions is to ensure that Downtown businesses retain parking availability for their customers during the Race or during pre‐race packet pickup. To further this purpose, Organizer will: i. Promote remote parking by Race participants by including a parking map and information, along with confirmation cards sent to all Race par ticipants, and on other pre‐Race promotional literature. ii. Organizer must submit a traffic control and participant parking plan for review and approval to the Police Chief and Public Works Director by May 10, 2019. The plan must address and mitigate parking congestion in the Downtown, in order that businesses in the Downtown are not inconvenienced by Race congestion. iii. Traffic Control Points. The intersections of all streets and roads on the Race Course (Course) will be controlled by Police or event staff. Traffic will be allowed to cross   the course at every intersection, runner traffic permitting. Prior to the Race, the Organizer will place a designated running lane along parts of Owens St and along parts of Laurel Street as approved by the City’s Chief of Police. iv. In addition, Race staff will assist residents with access to their driveways by escorting them to the nearest cross street, runner traffic permitting. Residences with homes on the course will receive a direct mailing from Organizer informing them of specific Race timelines and will be given a direct “hot line” number to reach on Race day. Further, on the night before the Race, Organizer will attempt to make personal contact with owners of vehicles that appear to be parked on the Race course. This will be done in conjunction with the Stillwater Police Department. Every effort will be made to minimize or even eliminate the involuntary towing of vehicles because of the Race. 5. Other Agencies. Organizer is responsible for obtaining all agreements and permits with outside agencies (e.g. MnDOT, MN State Patrol, Washington County, MN Department of Natural Resources, Lakeview EMS, and any other agencies requiring permits for the race) and must submit copies of permits to the City from other agencies by May 10, 2019. 6. Contact Information. Organizer shall provide updated accurate phone numbers and specific details on who and what dictates weather cancellations or delays 7. Participant Count. Organizer shall provide Public Safety and EMS accurate participant numbers as of May 10, 2019. 8. Required Information, Meetings, and Documentation. Organizer agrees that failure to provide required information and documents to the City is just cause for the City Council to terminate the agreement and cancel all races. 9. Public Safety Requirements. The organizer agrees that City has the right to increase the requirements to public safety resources based on participant numbers, threats, or weather conditions and any associated City costs will be paid for by the Organizer. 10. Water Stops and First Aid Stations. Water and first aid stations will be established at the start, finishes, and throughout the race course in keeping with National Race Standards for Races. 11. Emergency Plan. The Race emergency plan will be designed by the Organizer with the assistance of Lakeview Hospital Emergency Services. The plan will meet MN State Fire Code per Section 403 Public Assemblage and Special Events along with recommended EMS Guidelines for Special Events and Mass Gatherings Medical Care per Regions Hospital Emergency Medical Services and include: a. Number and location of Law Enforcement personnel b. Number and location of EMS resources on hand and dedicated to the event. c. Specify by name on the plan, who is responsible for event decisions on the approval or cancellation of the event due to weather and needs to utilize and identify the specific criteria they will base their decision (e.g., wet bulb temperature, lightning in the area (how determined and what is the criteria), etc. The City or Public Safety is not responsible for this decision. d. Plan must contain contact (names and cell phone) information on the plan. This complete plan must be received and approved by the City no later than May 10, 2019.   12. Food, Liquor and Vending. Organizer will not provide commercial food, liquor or vending, nor will they license others to provide these services to race participants in City parks. This provision does not prevent Organizer from providing free standard recovery food and nonalcoholic beverages to Race participants. 13. Closing of the Course. All traffic signs, barricades and cones will be removed by Organizer and the Race courses closed by 3 p.m. on Race day. Any remaining after such time will be removed by City and all labor and storage fees will be paid for by the Organizer. 14. Insurance, Hold Harmless, and Indemnity. Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement; and further, Organizer agrees to provide to the City evidence of insurance coverage of at least the amount of the maximum liability of the city as set forth from time to time in Minnesota Statutes Section §466.04, covering claims that might be brought against them that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy “as their interest may appear” by May 10, 2019. The insurance protection will have the following limits: A. $1,500,000 for any number of claims arising out of a single occurrence, and to name the city as an additional insured “as their interests may appear.” B. Comprehensive Automobile Liability: (1) Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence (2) Property Damage: $100,000 Each Occurrence C. Worker’s Compensation Coverage. 15. Public Information. Organizer will make every reasonable effort to notify property owners and businesses along the Race courses of any restrictions that might be placed upon their movements during the Race. Leaflets providing this information must be delivered to each such owner by mail one week before the race and delivered to the mailbox of each owner on the Friday before Race day. 16. Public Safety Meeting. Organizer will make arrangement to meet at Stillwater City Hall with Public Safety officials of Stillwater Police and Fire and Lakeview EMS for a pre‐race meeting before May 10, 2019. 17. Police Power. The City reserves the right to shut down the Race in the event the Chief of Police determines that the public safety is threatened, or the health or safety of Race participants is threatened because of weather, temperatures, or any unforeseen cause that threatens the public health or safety or if closure is directed by the Medical Doctor designated by the Race in the Emergency Plan. 18. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services needed to safely conduct and maintain the Race or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e. neighborhood meeting expenses and/or city equipment and services) shall be received by the City no later than May 10, 2019. Failure to make the payment will result in cancellation of the event.   In the event of a cancellation of this Race after the deposit is made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Race, before returning the balance to Organizer. 19. City Services. The type and amount of City services and materials needed for the Event will be determined by the Assistant Public Works Superintendent. The Organizer must provide portable toilets to augment the existing facilities, barricades for street closure, and trash removal. (a) No Parking signs. The Organizer may contact the Stillwater Police Department to arrange rental of materials and will be charged according to the City of Stillwater Event permit fee schedule. Organizer will be responsible for any overtime costs to place and remove No Parking signs along the route of the event. (b) Portable Toilets. Organizer will provide portable toilets that will be placed in the gravel lot behind Pioneer Park band shell, and spotted throughout the course in keeping with Standard Race Requirements. The number of portable toilets will be established in consultation with the Assistant Public Works Superintendent (Parks). The Organizer shall also stock and restock the existing restroom facilities in Pioneer Park and Pedestrian Plaza during the event with supplies provided by the City. If portable toilets are privately contracted, they will be removed by the close of business on Monday following the event. In the event that all portable toilets are not removed before the close of business on said Monday, the City is authorized to contract for and remove the toilets and add to costs so incurred to the costs that Organizer is required to pay pursuant to Item No. 18 of this Agreement. (c) Barricade Placement. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on date of event at the intersection of 2nd Street N and Cherry St W, 2nd Street N at Wilkins St, and Laurel Street at 3rd St as designated by the road closure plan submitted for approval. This will inform users of the street closure for the Event. (d) Trash Enclosures. The Organizer shall furnish dumpsters or roll‐off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. (e) Rubbish Removal. All garbage and refuse generated by the Race, including that left by spectators along the route, will be placed in dumpsters at P ioneer Park as directed by the Public Works Superintendent. 20. Term. The term of this Agreement will be for one year unless terminated earlier by the City on public safety grounds. 21. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Beth Wolf, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ______ day of _____________________, by Ted Kozlowski, Mayor, and Beth Wolf, Clerk, for the City of Stillwater. Notary Public RUN STILLWATER, INC. By _________________________________________ (Print Name) Its _________________________________ STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ______ day of _____________________, by _______________________________________, the ___________________________, the duly authorized agent for RUN STILLWATER, INC., a Minnesota limited liability corporation. Notary Public CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION DENYING A SITE REVIEW CONDITIONAL USE PERMIT FOR THE HISTORIC ARMORY AT 107 CHESTNUT STREET EAST CPC CASE NO. 2018-70 WHEREAS, Matt Wolf, CVII Holdings, Inc., has requested an application for approval of a site review Conditional Use Permit for the conversion of the Historic Armory property at 107 Chestnut Street East to residential and commercial uses; and WHEREAS, on January 17, 2019 the Downtown Parking Commission considered the parking plan for the Historic Armory project; and WHEREAS, on January 23, 2019 the Planning Commission held a public hearing on the site review Conditional Use Permit and on a unanimous vote recommended that the City Council approve it with certain conditions; and WHEREAS, on February 5, 2019 the City Council held a public hearing on the site review Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Stillwater, Minnesota, has determined the parking plan is not in conformance with the City Code. NOW, TEHREFORE, BE IT FUTHERED RESOLVED, that the Council denies the site review Conditional Use Permit. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of February, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION DENYING A CONCEPT PUD AMENDMENT FOR LIBERTY VILLAGE TO ALLOW THREE STORY BUILDINGS CPC CASE NO. 2018-67 WHEREAS, the Todd Konigson of livwell.design has requested a Concept PUD amendment to allow for three-story buildings in Liberty Village; and WHEREAS, according to the established process, on January 23rd, 2019, the Planning Commission heard the request and recommended conditional approval to the City Council; and WHEREAS, on February 5, 2019, the City Council heard the request and determined the Concept PUD was not in conformance with the country village architectural and design guidelines, set forth in Exhibit E to the Orderly Annexation Agreement between the City of Stillwater and Town of Stillwater, dated August 16, 1996. NOW, THEREFORE, BE IT RESOLVED, that the Council denies the concept PUD amendment for Liberty Village. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of February, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Memorandum To: Mayor & City Council From: Beth Wolf, City Clerk Date: 2/11/2019 Re: Joint Cable Commission Appointment Joint Cable Commission has had an opening on the commission since August 2016. Staff published the opening and an application was received. Councilmember Weidner reviewed the application and made a recommendtion to appoint Scott Adamson to fill the vacancy. Mr. Adamson will be a primary member on the commission and his term will expire 12/31/2020. ACTION REQUIRED If Council agrees with the recommendation they should pass a motion to approve the appointment of Scott Adamson to the Joint Cable Commission. Memorandum To: From: Date: Mayor and City Council Shawn Sanders, Director of Public Works February 15, 2019 Subject: Acceptance of Work and Final Payment 2017 Street Improvement Project (Project 2017-02) DISCUSSION The work on the above project has been completed. The contractor has submitted their application for payment and required information to allow for final payment. If Council accepts the work and authorizes final payments the one-year warranty will begin. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to Hardrives, Inc. in the amount of $36,308.34. ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2019-, ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2017 STREET IMPROVEMENT PROJECT (PROJECT 2017-02). ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2017 STREET IMPROVEMENT PROJECT (Project 2017-02) WHEREAS, pursuant to a written contract signed between the City and Hardrives, Inc. for improvement of the 2017 Street Improvement Project (Project 2017-02) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $36,308.34 on such contract, taking Hardrives, Inc. receipt in full. Adopted by the Council, this 19th day of February 2019. Ted Kozlowski, Mayor Attest: --------------Beth Wolf, City Clerk CITY COUNCIL MEETING DATE: February 19, 2019 CASE NO.: 2019-04 Planning Commission: January 23, 2019 Former # 2018-64 APPLICANT: Michael & Necole Kahn, Property Owners REQUEST: Consideration of an appeal to a Planning Commission variance denial to construct a third stall on the garage located at 1260 McDougal Green ZONING: CR: Cove Res. COMP PLAN DISTRICT: LMDR: Low/Medium Density Res. PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND On January 23rd, 2019, the Planning Commission heard a variance request from Michael and Necole Kahn to construct an open, unenclosed (carport) stall onto their two-car garage. At that time the Planning Commission did not find practical difficulty existed and denied the application. REQUEST The applicant would like to appeal the Planning Commission’s denial. They have further requested the Council consider the addition of an attached and enclosed single-stall addition to their existing, two-car attached garage. The applicant has made a request for consideration of a variance to City Code Section 31-309(a)(2) to allow for a garage to be greater than two stalls wide. APPLICABLE REGULATIONS AND STANDARDS The purpose of the variance is to “…allow variation from the strict application of the terms of the zoning code where the literal enforcement…would cause practical difficulties for the landowner.” In addition to the requirements, below, Section 31-208 indicates “[n]onconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance” and “…a previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits.” 1. The variance is in harmony with the general purposes and intent of this chapter. Case No. 2018-64 CC: February 19, 2019 Page 2 of 4 The general purpose and intent of the Zoning Code is to regulate and restrict use of land for the protection of public health, safety and welfare. The purpose of two-car garage limitations was to limit garage dominance on the smaller, Cottage Residential lots. 2. The variance is consistent with the comprehensive plan. No application elements are contradictory to the Comprehensive Plan. 3. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. “Practical difficulties,” as use in connection with the granting of a variance, means that all of the following must be found to apply: i. The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; The use of the property, as a single family residence in a single family residential neighborhood, is reasonable. Allowance for a garage as an accessory use is also reasonable. The addition of a third stall on a property with sufficient land width and/or depth and a side-loaded garage has been determined to be reasonable. ii. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and The property is located at the end of a shared driveway. The applicant states this, in combination with the small neighborhood roadway widths, is difficult to accommodate household vehicles. iii. The variance, if granted, will not alter the essential character of the locality. While three car garages have been approved for side-loaded garages, they have not been approved for front facing homes. However, the front-facing nature of this home is not on the traditional street; it is tucked back behind all other properties at this street intersection. The addition of an unenclosed stall (carport) in this area is not in keeping with the neighborhood design. However, if the garage was sided and finished to match the existing garage, it would not alter the essential character of the neighborhood. PUBLIC COMMENT An, anonymous, public comment was originally submitted by “homeowners within the impact area and received notice of the public hearing” prior to the Planning Commission meeting. The comments indicate opposition to the unenclosed stall (carport) as it sets bad precedent, is not aesthetically appropriate for the neighborhood, and there is ample parking at the end of the driveway. The letter further states there is support for a third, enclosed garage stall. Case No. 2018-64 CC: February 19, 2019 Page 3 of 4 In two subsequent letters submitted, neighbors continue to object the addition of the unenclosed (carport) stall. One letter specifically states the addition of an enclosed stall would be a suitable alternative. The Homeowners Association has also submitted correspondence to the property owner. The HOA states “the board does not consider the carport to be consistent with the architectural style of the neighborhood” and that “the board can neither approve nor deny” the request for a carport. ALTERNATIVES The City Council has the following options: 1. Make the finding that practical difficulties do exist for the property owner and approve a variance to the maximum two-stall garage by allowing an additional stall – either as an unenclosed (carport) addition or an enclosed stall. The Council may impose conditions in the granting of a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. If the Commission were to find practical difficulties do exist for the property owner, staff would recommend the following conditions: • Plans shall be substantially similar to those on file with the Community Development Department’s Case No. 2018-46 unless modified herein. • The siding, trim, fascia and soffit boards will be the same color as the primary structure. • A building permit shall be reviewed and approved prior to any construction occurring on the property. • Major exterior modifications to the variance permit request shall be reviewed by the Planning Commission as per Section 31-204, Subd. 7. 2. Make the finding that practical difficulties have not been established and deny the variance, with or without prejudice. 3. Table the application and request additional information from staff or the applicant. FINDINGS AND RECOMMENDATION While the application is in harmony and intent of the zoning ordinance and consistent with the comprehensive plan, an unenclosed stall (carport) design would alter the essential character of the neighborhood. However, if an enclosed garage stall is added, the applicant will have established practical difficulty. Therefore, staff would recommend conditional approval the variance associated with CPC Case No. 2018-64 for the construction of a third, enclosed garage stall at 1260 McDougal Green Way. ATTACHMENTS Case No. 2018-64 CC: February 19, 2019 Page 4 of 4 Site Location Map Statement of Appeal Original Narrative Request Site Plan Site Photos (4 pages) Plan Details (3 pages) Public Comment (4 pages) DDUJ T AR I L 62ND STREET NORTH SETTLERS AVEGREENMCDOUGALSETTLERS µ 0 180 36090Feet General Site Location Site Location 1260 McDougal Green ^ Text Hello city council We are requesting to add an enclosed 3rd stall addition to our garage. Our original request was to have a car port addition but was denied due to architectural "un-likeness" to the neighborhood. The addition does not face a road and will basically be unseen. We have a double sized lot with no house on that side of us. The siding, will, of course, match the rest of the house. The dimensions will be similar to the car port request with the exception that it will be 18-20 feet in length. We are still awaiting our contractors final reconfigurations but due to the time constraint to file this appeal (with modification) we do not yet have it. Our "practical difficulties" are the same as listed in the previous variance request. Thank you for your time, Necole and Michael Kahn Jan. 10, 2019 Jenn Sunberg City of Stillwater 216 Fourth Street N Stillwater, MN 55082 Re: Case CPC 2018-64 for 1260 McDougal Green (Mike and Necole Kahn) Dear Ms. Sunberg: Enclosed please find our comments regarding the above-referenced request to build an open, unenclosed carport on to the garage. We are homeowners within the impact area and received the notice of public hearing. We are opposed to the carport for several reasons: 1. It sets a bad precedent. The city would have no choice but to approve unenclosed car ports and other unenclosed storage structures for any house within Legends or any house in Stillwater. 2. It is esthetically inappropriate for the development. The articles of incorporation for the development state that any external addition, remodel or work on the property must uphold the esthetics of the neighborhood. 3. The aforementioned property has an unapproved separate dwelling with electricity, doors and separate entrance from the home. They bill it as a tree house. However, under city code, it is a separate dwelling. They have already violated city ordinance with their structure. 4. The family has ample room for parking cars at the top of their driveway 5. The family routinely disregards city parking regulations already with both their cars and those of their guests. Providing them with a city-approved permit to build an unenclosed car port would only encourage further disregard of existing regulations. We would be supportive of the following options: 1. A third garage attached stall built to match the home. There are a number of homes within Legends that have third attached garage stalls that match the home and fit into the esthetics of the neighborhood. 2. Extension of their driveway into their backyard that creates a permanent, designated third parking spot that is neither covered nor attached but is adjacent to the home. We are submitting my comments anonymously as we cannot be assured that the applicants or their children won't retaliate for opposing the request. Please know many more neighbors would speak up but also live in fear of them, their children and their dog. Please consider and share our comments with the planning commission members as appropriate and to the extent possible with this as an anonymous letter. Thank you. February gth, 2019 Jenn Sundberg City of Stillwater 216 Fourth Street N Stillwater, MN 55082 RE: Case No. CPC/2019-4 1260 McDougal Green open sided carport appeal Jenn Sundberg: I am writing to submit feedback in regards to the 1260 McDougal Green request to build an open, unenclosed carport. I am a current homeowner that lives within the designated affected area and am opposed to the request. Should the City approve this request and the homeowners build a carport, it will be extremely visible to vehicles traveling east on 62nd street north. 62°d Street North is the main entrance to the neighborhood and this is one of the first homes visible. The homeowners have already demonstrated the disregard for the rules of the neighborhood by building a tree house in their back yard . Said treehouse is constructed with raw plywood and has no finishing materials applied as required by the HOA. It is an eyesore to all not to mention a safety issue with several people sustaining injuries in and around the treehouse. We moved into a neighborhood with an association with the expectation the HOA and City would hold homeowners accountable to a certain aesthetic standard . My expectation is the HOA and City uphold the current rules and ordinances when considering additions to homes, especially when they do not fit with the established architectural standards of the neighborhood. An open sided carport does not fit with the neighborhood standards and will open other homeowners to do the same. With an open sided carport, the homeowner could store additional items outside open to the public view which is prohibited in our neighborhood. The homeowner has other reasonable options to help alleviate the concerns listed on the application including but not limited to; build a fully enclosed 3rd stall garage, install a concrete/asphalt slab for additional vehicle space, etc. I submit this letter on behalf of several homeowners that have similar concerns. We wish to submit this letter anonymously as we fear confrontation with the homeowners requesting the carport. We request the Council members deny the request to build an open sided carport on 1260 McDougal Green. Please share this anonymous letter with the city council members prior to a vote. Homeowners in The Legends of Stillwater Jenn Sundberg City Hall ]16 North Fourth Street Stillwater, MN 55081 To Whom It May Concern: We received the notice regarding case number CPC/2019-4 and the appeal to the city councel. We urge the councel to uphold the Planning Commission's decision. As we said in our letter previously, none of the neighbors feel like we can sign our name. the behavior of their children ana t eir dangerous dog fias gotten increasinghly more aggressive and we don't want to be the targets. So that's why we won't sign our names. An unenclosed car port does not fit the look and feel of the neighborhood or development. It will also set a bad precendent. The Planning Commission was wise and right in its decision around rejecting the request. I realize the city council and especially Mike Pohlena may feel pressured since Mike Kahn's business at Stillwater Motors likes to bill itself as a community contributor and supporter of the city. Please don't fall for that. Please consider the entirety of the nei~hborhood and address this issue appropriately. Please also consider consulting with the association board to fully understand all of this. Thank you. A neighbor in the impacted zone 2/14/2019 Carport Request Justin Reinke 4' Sun 1/13 /2019 9 :01 A,v, Necole and Mike, Mail -KC T -Outlook ire@msn .com> ,ai!com>; str Thank you for taking the time to come to the board meeting held on January 9th, 2019 to discuss your request to add a carport addition to your home. It was good to get additional context with the request. The board spent a considerable amount of time discussing the request including the positives and potential rnnrerns i cou@ pose . The board respectfully requests that you do not build a carport on your property to be consistent with the other homeowners and future requirements . The board does not consider the carport to be consistent with the architectural style of the neighborhood. Carports can set an undesired precedent across the neighborhood encouraging folks to store items outside of their standard garages (i.e. garbage cans, lawnmowers, trailers, etc .), which is already a current struggle. Homeowners will be encouraged to look at fully enclosed garages should a similar request be made . At this time the board can neither approve nor deny your ARC request to build a carport on the property. We do understand the circumstances of your property location and challenges and are open to continue working with you to develop other possible options to help alleviate your concerns. Please let the board know of the official outcome should you choose to continue with your Variance request. Regards, Legends of Stillwater HOA Justin, Edna, Ken, Mike, John, & Chris https://outlook.live.com/mail/deeplink?popoutv2=1 1/1 6. 10:00 7. 10: 10 8. B. 1. Award the bid to and authorize execution of Contract# 12333 in the amount of $22, I 08,508. 70 with Shafer Contracting Co. for the Trunk Highway (TH) 36 at County State Aid Highway (CSAH) 35 (Hadley Avenue) Interchange Project. 2. Approve Cost Share Agreement #12051 with the City of Oakdale for the Trunk Highway (TH) 36 at County State Aid Highway (CSAH) 35 (Hadley Avenue) Interchange Project. 3. Approve Maintenance Agreement #12052 with the City of Oakdale for the Trunk Highway (TH) 36 at County State Aid Highway (CSAH) 35 (Hadley Avenue) Interchange Project. General Administration -Molly O'Rourke, County Administrator A. Legislative Update Commissioner Reports -Comments -Questions This period of time shall he used hy the Commissioner,'i to report lo th e full Board on commillc:e activities, make commcn/.'i on mallers ,?f intercsl and i11f<Jrmalion, or rais e que.\·tion.'i to lhe sta_ff. 'l11i,\' action is not intended /0 resu/1 in .\·uhstantil'e hoard Ql'lio n during 1hi.,· lime. Any action nec:es.\·mr be,:au.,·e rf di.r;cussion will he .w.:he1 J11/ed /iJr aj illure hoard meetin1,;. Board Correspondence 9 . 10:25 Adjourn 10. 10:30-11 :00 Board Workshop with Public Health and Environment -Nikki Stewart, Senior Environmental Resource Manager A. Present results of a Waste Management Service Charges (County Environmental Charge and Parcel Charge) financial analysis. 11 . 11 :05-11 :20 Board Workshop with Public Works -Erik Jalowitz, Building Services Capital Projects Manager A. Discuss Park Grove Library project options and request from City of Cottage Grove. 12. 11 :30 Finance Committee *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Roomlfyou need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER