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2019-03-05 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING March 5, 2019 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Curve Crest Villas proposed sale/TIF #9/Amended Development Agreement Provisions, Estoppel Certificate and Financial Review (Possible Resolution) 2. Review of Leased/Licensed City owned property IV. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator V. RECESS 7:00 P.M. AGENDA VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 11. Presentations to Stillwater Fire Fighters Jacob Bell, Jon Bell, Phillip Gresafe, Derek Nelson, and Christopher Zeuli 12. Washington County presentation on County Road 5 project (Possible Resolution) X. OPEN FORUM – The open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. The council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. CONSENT AGENDA – All items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 13. February 19, 2019 regular meeting minutes 14. Payment of bills 15. Farmer’s Market 2019 event 16. Temporary liquor license for Light a Spark event 17. Police Department request to purchase rifles and accessories 18. Contract for Inspection Services XII. PUBLIC HEARINGS – Out of respect for others in attendance, please limit your comments to 10 minutes or less. 19. CPC Case No. 2019-03, to consider a request by Mark Guenther, to amend the City Zoning Code by modifying City Code Section 31-308(b)(1) to allow the minimum lot width for a two-family property in the RB Zoning District to be 65 feet rather than 75 feet. Notices were mailed to affected property owners published in the Stillwater Gazette on Friday, February 15, 2019. (Ordinance 1st Reading) 20. CPC Case No. 2019-06, to consider a request by CVII Holdings, LLC, property owner, for the consideration of Conditional Use Permit for a large building project in Downtown Stillwater. Property located at 107 Chestnut Street East. PID# 2803020420107 and 2803020410083. Notices were mailed to affected property owners and published in the Stillwater Gazette on Friday, February 15, 2019. XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 21. Cruisin’ on the Croix 2019 Car Show Event 22. Declaring 2019 State of Emergency Resolution 23. Accept 2019 Street Improvement Project Feasibility Report ‐ RESOLUTION 24. Order Feasibility Report for 2019 Sidewalk Rehabilitation Project ‐ RESOLUTION XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT TO A CLOSED SESSION PURSUANT TO MINN. STAT. §13D.05, SUBD. 3(C) TO CONSIDER THE PURCHASE OF 121 CHESTNUT STREET E. HIGHWAY 36 & MANNING AVENUE INTERCHANGE TO ST. PAUL Improving safety and mobility at a critical location .,- - 7 Z7 „,- ,---- z z' ..,...--- Z .7 •" ..7" 7 ..--- ARTIST RENDERING LOOKING. NORTHEAST JANUARY 2019 IMPROVE ACCESS TO NEIGHBORHOODS AND BUSINESSES PROVIDE SAFE, NON -MOTORIZED ACCESS WITH TRAILS ACCOMMODATE LOCAL ROAD CONNECTIVITY ENCOURAGE FUTURE GROWTH AND DEVELOPMENT PROJECT NEEDS 20-30% Increase in traffic expected by 2040. In addition to 20% increase since the opening of the St. Croix Crossing Bridge Intersection rank (out of 8,000) based on statewide crash cost comparisons C471.I 1 st Intersection is approaching its full capacity (long delays/ frustrations) Reported Fatality Crashes (2011- 2015) "The fire department deals with frequent crashes along Highway 36 and any safety improvements would be welcomed." - Stuart W. Glaser, Fire Chief, City of Stillwater INT RCHANGE CONCEP LOOP IN SW/NE QUAD LEGEND POTENTIAL FUTURE FRONTAGE ROAD BITUMINOUS TRAILS & BIKEWAYS BRIDGE CONCRETE MEDIAN -'-' - - EXISTING RIGHT OF WAY PROPOSED GEOMETRIES PROPOSED RETAINING WALL Cit of Lake Elmo City of Grant NW F•DNtAGE ROAD '1. Cit of Stillwater 0. "The corner of Highway 36 and Manning is the ideal location for the development of our future healthcare campus. With a new interchange, our patients will have easy access from the east, west, north, and ultimately the south to our medical services and the related businesses to be developed on the campus. " -Ted Wegleitner, CEO, Lakeview Health City of Oak Park Heights Wyk FUTURE DEVELOPMENT Developers have revealed plans for signif- icant future development (see blue areas) in the immediate vicinity of the Highway 36 and Manning Avenue intersection, including a large hospital campus in the NE quadrant and commercial/residential devel- opment in the SE quadrant. These develop- ments, if fully realized, could generate more than 25,000 additional daily trips through the Hwy 36/Manning intersection. THE SOLUTION! The Loop in SW/NE Quad alternative best addresses the project goals. It offers safety and operational advantages, and provides safe and convenient connections for pedes- trians and bikes. Overall, this option offers the best continuity of the existing frontage road system and assures continued func- tionality with planned developments and future frontage road connections. \r V /, Highway 36 is an east -west, principal arterial highway that provides a critical connection for northeast Twin Cities communities to the greater Minneapolis - St. Paul area, and beyond. Commuter, freight, and recreational traffic use this route as a critical link to key regional, interregional, and interstate (e.g., western Wisconsin) destinations. With the recent opening of the new Saint Croix River Crossing, Highway 36 is under additional pressure to efficiently move large volumes of regional traffic. Several key capital improvement projects have recently been constructed along Highway 36, or are currently under design, aimed at improving traffic safety and operations.A new interchange at Highway 36/Manning is a critical part of this overall initiative. HIGHWAY 36 & MANNING AVENUE (CSAH 15) INTERCHANGE �36 N GRTH ST. PAU r- Manning Ave & Highway 36 Ind oa 36 LAKE ELMO tWIliatn y4 OAK PARK ® HEIGHTS 36 Planned Projects Recent Improvements BAYPO RT Under Construction "I use the Highway 36 and Manning crossing with the Stillwater High School bike team as part of our daily training route. A safer crossing here would be good for my team and everyone who rides a bike." -Amelia Lehmann, Sophomore, Stillwater Area High School WE ARE ASKING FOR YOUR SUPPORT PROJECT FUNDING NEEDS $30 MILLION TOTAL PROJECT COST 4CO) — $15 MILLION FUNDING DEFICIT FUTURE POTENTIAL FUNDING SOURCES: - TED GRANT - BUILD GRANT - BONDING 484.1=000- $15 MILLION CURRENT FUNDING $3 MILLION LOCAL GOVERNMENTS $5 MILLION STATE AID (WASHINGTON COUNTY C.I.P.) $7 MILLION METROPOLITAN REGIONAL SOLICITATION (FEDERAL FUNDING) NEXT STEPS The next step is the Preliminary Design/Environmental Review process which will require further analysis and refinement of the Loop in SW/NE Quad alternative. With funding the project is scheduled for construction in 2021. Highway 36 and Manning Ave Project Schedule 2017 2018 2019 2020 2021 CONCEPTUAL DESIGN & TRAFFIC ANALYSIS DESIGN PROCESS, NEPA & RIGHT OF WAY BIDDING CONSTRUCTION CONTACT Wayne H. Sandberg, P.E. Deputy Director/ County Engineer 651-430-4339 wayne.sandberg@co.washington.mn.us Nathan Arnold, P.E. Washington County Project Manager 651-430-4384 nathan.arnold@co.washington.mn.us 11660 Myeron Rd North, Stillwater, MN 55082 www.co.washington.mn.us/Manning36Interchange PROJECT PARTNERS Was ington ounty DEPARTMENT OF TRANSPORTATION City of Grant City of Lake Elmo City of Stillwater City of Oak Park Heights Stillwater Township 2019 STREET IMPROVEMENT PROJECTFEASIBILITY STUDYMARCH 5, 2019 2019 STREET IMPROVEMENT PROJECT•Streets were selected based on the pavement management study in 2013.•Mill and overlay streets show signs of deterioration, but still have structural strength.•Reconstruction street - pavement sections are in poor condition but have solid base.•City Council authorized the Feasibility Study on November 2018. 2019 STREET IMPROVEMENT PROJECT Street Reconstruction-2nd Street N (Laurel St. E to Wilkins St E).-Oak St W (Sherburne St. S to S Holcombe St).-Sherburne St N (Pine St W to Myrtle St W).-William St S (Pine St W to Oak St W).-Martha St S (Pine St W to Olive St W). -Willard St E around Triangle Park.-Locust St E West of Broadway St.-Walnut St E (2nd St S to Broadway St S).Total Street Reconstruction 1.3 miles. 2019 STREET IMPROVEMENT PROJECT Mill and Overlay AreasHidden Valley CtHidden Valley LnHillside LnParkwood LnSunrise AveSunrise Ct Evergreen CtKnollwood CtCountry Side CtBroadway St S (North of 6th Ave S)6th Ave S (Churchill St E to Broadway St S)Total Mill and Overlay 2.8 Miles STREET RECONSTRUCTION* OAK STREET AREA•Streets constructed in the 1970’s with some bituminous curb and storm sewer.•Existing pavement section consist anywhere from 3.5”-6” asphalt and 0-8” gravel.•Propose to remove bituminous curb and asphalt and replace with concrete curb and gutter and 4 inches of asphalt.•Repair and replace some catch basins and sanitary manholes.•Repair damaged sidewalk and add a new sidewalk on one section of Oak Street.•Replace 25 Galvanized water services in the area.•Upgrade Pedestrian ramps to ADA standards. OAK STREET AREAASSESSED PROPERTIES STREET RECONSTRUCTION* BROADWAY STREET AREA•Walnut Street is a 30 ft wide Street with bituminous pavement and curbs. Pavement and curb would be removed and replaced with concrete curb and gutter and 4” of new bituminous pavement. •Locust Street and Willard Street (around the Triangle Park), are 12’ gravel roads that would be graded and 3” of new pavement would be installed for both Streets, Willard Street would get Concrete curb and gutter installed along the west side and a new sidewalk would be installed along the Triangle Park side of the street. BROADWAY STREET AREAASSESSED PROPERTIES STREET RECONSTRUCTION* SECOND STREET NORTH•Last improvement to the street was in 1973; a layer of 3” pavement was added and the street has some stone curb and storm sewer.•Existing pavement section consists of anywhere from 5.5”-8” asphalt and 0-10” gravel.•Propose to remove stone curb and asphalt and replace with concrete curb and gutter and 4 inches of asphalt.•Repair and replace some catch basins and sanitary manholes.•Repair damaged sidewalk. •Upgrade Pedestrian ramps to ADA standards.•Second Street is designated Municipal State Aid Street. SECOND STREET NORTHASSESSED PROPERTIES STREET RECONSTRUCTION SUMMARY* Non State Aid StreetsLENGTH OF RECONSTRUCTION - 1.08 miles# OF PROPERTIES - 85RECONSTRUCTION COSTS $990,533.10 * State Aid StreetLENGTH OF RECONSTRUCTION - 0.22 miles# OF PROPERTIES - 13RECONSTRUCTION COSTS $388,324.70 TOTAL RECONSTRUCTION COST $1,378,857.8 MILL AND OVERLAY - CROIXWOOD AREA•Constructed in 1973.•In 1994 the top 1.5” of pavement was milled and a new 2” pavement was added to the streets.•Streets have concrete curb and gutter, storm sewer, and sidewalk on some of the streets.•Pavement section consist of 6” gravel and 3.5”-5.5” asphalt.•Propose 1.5” Mill and Overlay with 1.5”-2.0” .•Repair curbs and sidewalks, catch basins and manholes.•Upgrade Pedestrian ramps to ADA Standards. CROIXWOOD AREAASSESSED PROPERTIES MILL AND OVERLAY - BROADWAY STREET AREA•Their is not much information of when Broadway was constructed.•Streets largely have stone curbs and some concrete and bituminous curb, storm sewer, and sidewalk.•A neighborhood survey was conducted in April 2018. •As a result of the survey top 1.5” of pavement would be milled and a new 1.5” pavement will be installed.•Repair curbs and sidewalks, catch basins and manholes.•New sidewalk will be installed around Triangle Park and east side of 6thAve. from Broadway to Churchill Street.•Broadway street ( Pine to 6th Ave.) and 6thAve. (Broadway to Churchill St.) are designated State Aid Streets.•Upgrade Pedestrian ramps to ADA standards. BROADWAY AREA SURVEY RESULT15, 22%12, 18%9, 13%11, 16%5, 8%12, 18%3, 5%votesSave Crabapple treesSave Stone curbParking on both sidesMill & OverlayTotal ReconstructionInstallation of sidewalkNo ImprovementAction votesSave Crabapple trees 15Save Stone curb 12Parking on both sides 9Mill & Overlay 11Total Reconstruction 5Installation of sidewalk 12No Improvement 323 responses received out of 40 surveys sent out BROADWAY STREET AREAASSESSED PROPERTIES MILL AND OVERLAY- SUMMARYNon State Aid – 2.46miles Number of Properties 175 Cost $531,130.46Broadway Area 0.34 miles Number of Properties 40Cost $233,543.69TOTAL MILL AND OVERLAY $764,673,46 2019 STREET IMPROVEMENT PROJECT COSTSReconstruction $1,378,857.80Mill and Overlay $764,674.15 •Total Project $2,143,427.95 FINANCINGProjects financed through City funds and AssessmentsWater Services- 100% assessed, Mill and Overlay Streets- 80% AssessedStreet Reconstruction- 70% Assessed, State Aids Streets*- 50% Assessed* 2ndStreet N, Broadway Street and 6thAve. PROPOSED ASSESSMENTS•Footage method ( Non-residential properties)•Unit method for residential property•Standard interior lot: 1 unit•Corner lot: 0.5 units for each side improved Preliminary Project Cost Summary TableCost assessment Rate Unit Assessment LF Assessment Assessed Cost City Cost Residential With Sidewalk (Oak, Marth, and William streets)$ 553,351.42 70% $ 10,992.00 $ 387,346.00 $ 166,005.42 Residential W/O sidewalk (Sherburne, and Walnut streets)$ 281,974.68 70% $ 9,752.00 $ 197,382.27 $ 84,592.40 Commercial property $ 30,587.70 $ 122.35 $ 30,587.70 Water services $ 79,625.00 100% $3,185 $ 79,625.00 Residential Mill & Overlay Croixwood area and Broadway North of Pine St $ 531,130.46 80% $ 2,809.34 $ 424,904.37 $ 106,226.09 Locust St. $ 7,690.80 70% $ 2,691.78 $ 5,383.56 $ 2,307.24 Triangle Park $ 37,303.50 50% $ 3,730.35 $ 9,325.87 $ 27,977.63 SAP 169‐106‐008 2nd. St. from Laurel Ave. to Wilkins St$ 388,324.70 50% $ 9,194.00 $ 138.34 $ 110,327.35 $ 277,997.35 SAP 169‐101‐002 6th street and Broadway from Churchill St to Pine St$ 233,543.69 50% $ 3,048.00 $ 68.55 $ 105,187.18 $ 128,356.48 TOTAL $ 2,143,531.95 $ 1,350,069.30 $ 793,462.61 PROPOSED IMPROVEMENT SCHEDULEAuthorization of Feasibility Study November, 2018 Neighborhood meetings December 2018Feasibility Study March 05, 2019Public Hearing April 2nd, 2019Approve plans April 16th , 2019Bid Opening May 16th,2019Award bid May 21th, 2018Construction June - October, 2019Assessment Hearing October , 2019 RECOMMENDATIONPROJECT IS TECHNICALLY AND FINANCIALLY FEASIBLE. APPROVE FEASIBILITY STUDY AND ORDER PUBLIC HEARING FOR April 2nd, 2019. Page 1 LIST OF BILLS Advance Auto Parts Equipment repair supplies 524.21 Aspen Mills Uniforms 1,491.56 CDW Government Inc. Peerless flat mount 71.45 Century Link Telephone 91.32 Cintas Corporation Uniforms & mat cleaning service 123.41 Cole Papers Hand soap 52.20 Comcast Cable TV 38 .91 Compass Minerals America Inc Salt 4,184.31 Coverall of the Twin Cities Commercial cleaning services 540 .00 Daleo Janitorial supplies 84 .26 ECM Publishers Publications 109.25 Gavin Ben Refund Parking Ramp Vouchers 328.00 Gertens Wholesale Contractor expo 175 .00 Grainger Building repair supplies 471.19 Greater Stillwater Chamber of Commerce Chamber educational series 20 .00 Jesse Trebil Safe Basements MN Refund of Permit 111.40 Kocon Michael Reimburse for iPad 600.00 League of MN Cities MN Cities Stormwater Coalition 783.00 Loffler Companies IT Professional services 350.00 Mansfield Oil Company Fuel 12,770.33 Marshall Electric Company Building repair charges 366.00 Menards Building repair supplies 220.42 Metropolitan Mechanical Contractors Maintenance 5,510.68 Modern Heating & Air Boiler repair 3,073.92 My Alarm Center Alarm Monitoring Services 98 .82 Office Depot Office supplies 197.80 O'Reilly Auto Parts Equipment repair supplies 21.42 Overhead Door Co Garage door repair 780.10 Oxygen Service Company Inc. Oxygen cylinders 349.78 Performance Plus LLC Drug screen 45 .00 Po stmaster Permit # 206 Fee 470.00 Pullen Annette Marie Therapy 90.00 St. Croix Boat and Packet Co. Ramp cleaning 810.00 Stillwater Motor Company Vehicle service 411 .51 Target Solutions Learning TS Checkit Ma int Agreement 2,000.00 Teclnc Remote telemetry unit antennas 104.00 Toll Gas and Welding Supply Cylinders 291.98 Verizon Wireless Wireless Service 2,000 .10 Volunteer Firefighters Benefit Firefighters Ins 1,704.00 Washington County Public Works CSAH 5 39,326 .40 WS & D Permit Service Inc Refund of Permit 525 .20 Zacks Inc. Magnesium luke rake 346.19 REC CENTER 1ST Line/Leewes Ventures LLC Arrow Sports Group Canteen Refreshment Services Cintas Corporation Coca-Cola Distribution Comcast Corval Constructors Daleo Goodin Company Grainger ISD #834 Stillwater Area Schools Mahtomedi High School Menards Pepsi Beverages Company Sentry Systems Inc. Stillwater Area High School Twin Cities Dots & Pop LIBRARY Brodart Co CDW Government Inc. (engage Learning Cintas Corporation Cole Papers Culligan of Stillwater Cybrarian Corporation Greater Stillwater Chamber of Commerce Midwest Tape NAC Mechanical and Electrical Services Office of MN IT Services Otis Elevator Company Toshiba Business Solutions ADDENDUM Century Link Greiner Mick Grover Hana McDaniel Law & Policy Progressive Microtechnology Verizon Wireless Washington County Info Tech Xcel Energy Snacks for concessions 1,340.60 Concession supplies 853.96 Coffee and supplies for concessions 623.08 Mat cleaning service Beverages for concessions TV Internet & Voice Equipment repair Kaivac 12 Gal Tank Equipment repair supplies Equipment repair supplies Community Ed Ad Boys Gate Split Hockey Supplies Beverages for concessions Alarm monitoring Boys Gate Split Hockey Treats for concessions sec Supplies MR/ Conf Projection Materials -Adult Fiction Mat & towel cleaning service Supplies Water Cybrian Interim Renewal Annual Chamber Membership Materials -Juv Music HVAC Repairs Phone Jan 2019 Elevator Service Contract Maintenance Contract Telephone Mileage reimbursement Refund Ramp Fee Professional services PMI Evidence Tracker Wireless service Citrix License Energy 103.00 1,256.16 373.72 392.00 2,849.86 514.35 192.48 700.00 5,641.00 71.80 1,432.26 140.85 6,726.00 382.08 297.05 102.28 218.18 72.24 409.84 27.25 291.67 220.00 63.07 1,480.78 138.50 561.00 47.29 43.16 44.89 35.00 6,250.00 695.00 630.24 350.00 14,525.85 TOTAL 131,759.61 Page 2 Adopted by the City Council this 5th Day of March, 2019 Page 3 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING March 5, 2019 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Curve Crest Villas proposed sale/TIF #9/Amended Development Agreement Provisions, Estoppel Certificate and Financial Review (Possible Resolution) 2. Review of Leased/Licensed City owned property IV. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator V. RECESS 7:00 P.M. AGENDA VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 11. Presentations to Stillwater Fire Fighters Jacob Bell, Jon Bell, Phillip Gresafe, Derek Nelson, and Christopher Zeuli 12. Washington County presentation on County Road 5 project (Possible Resolution) X. OPEN FORUM – The open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. The council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. CONSENT AGENDA – All items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 13. February 19, 2019 regular meeting minutes 14. Payment of bills 15. Farmer’s Market 2019 event 16. Temporary liquor license for Light a Spark event 17. Police Department request to purchase rifles and accessories 18. Contract for Inspection Services XII. PUBLIC HEARINGS – Out of respect for others in attendance, please limit your comments to 10 minutes or less. 19. CPC Case No. 2019-03, to consider a request by Mark Guenther, to amend the City Zoning Code by modifying City Code Section 31-308(b)(1) to allow the minimum lot width for a two-family property in the RB Zoning District to be 65 feet rather than 75 feet. Notices were mailed to affected property owners published in the Stillwater Gazette on Friday, February 15, 2019. (Ordinance 1st Reading) 20. CPC Case No. 2019-06, to consider a request by CVII Holdings, LLC, property owner, for the consideration of Conditional Use Permit for a large building project in Downtown Stillwater. Property located at 107 Chestnut Street East. PID# 2803020420107 and 2803020410083. Notices were mailed to affected property owners and published in the Stillwater Gazette on Friday, February 15, 2019. XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 21. Cruisin’ on the Croix 2019 Car Show Event 22. Declaring 2019 State of Emergency Resolution 23. Accept 2019 Street Improvement Project Feasibility Report ‐ RESOLUTION 24. Order Feasibility Report for 2019 Sidewalk Rehabilitation Project ‐ RESOLUTION XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT TO A CLOSED SESSION PURSUANT TO MINN. STAT. §13D.05, SUBD. 3(C) TO CONSIDER THE PURCHASE OF 121 CHESTNUT STREET E. • Final provisions of proposed Estoppel Certificate as required by US Department of Housing and Urban Development (HUD) due to proposed HUD financing of the sale; • Review and determination of the City's share of the sale proceeds pursuant to the Development Agreement provisions. The City's consultants have completed the due diligence review and have determined that the proposed sale of Curve Crest Villas would be in the best interest of the City providing: -The attached First Amendment to the Contract for Private Development between the City of Stillwater and Curve Crest Villa Limited Partnership and Estoppel Certificate is approved by the City Council; -The seller and the City agree to sale proceeds to be received by the City in the amount of $144,780 will be deposited in the capital project reserve fund of the City. -The City of Stillwater does not exercise its right of first refusal included in the Development Agreement. City staff concurs with the determination of the City consultants and recommends approval of the Resolution Authorizing Execution of a First Amendment to Contract for Private Development and an Estoppel Certificate. ACTION REQUESTED If City Council agrees with the determination of the consultants and recommendation of City staff on the proposed sale of Curve Crest Villas, as noted above, the City Council should adopt the attached "Resolution Authorizing Execution of a First Amendment to Contract for Private Development and an Estoppel Certificate". RESOLUTION 2019-_ RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT AND AN ESTOPPEL CERTIFICATE WHEREAS, the City of Stillwater, Minnesota (the "City") and Curve Crest Villa Limited Partnership, a Minnesota limited partnership (the "Developer") entered into a Contract for Private Development, dated as of June 4, 2002 (the "Agreement") in connection with the construction of a 90-unit multi-family rental housing facility in the City (the "Project"); and WHEREAS, the Developer proposes to sell the Project to Curve Crest Housing Associates, LLC, a Minnesota limited liability company (the "Purchaser"); and WHEREAS, pursuant to Section 3.11 of the Agreement, the City will receive a portion of the profits from the sale (the "Sale Proceeds); and WHEREAS, in connection with the sale and the proposed U.S. Department of Housing and Urban Development ("HUD") financing of the purchase, it is necessary to amend the Agreement; and WHEREAS, the City has been requested to deliver to HUD at closing of the purchase an Estoppel Certificate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that the City Council hereby approves the First Amendment to Contract for Private Development and the Estoppel Certificate in substantially the forms submitted, and the Mayor and City Administrator are hereby authorized and directed to execute the First Amendment to Contract for Private Development and the Estoppel Certificate on behalf of the City. BE IT FURTHER RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the City Council approval hereby given to the First Amendment to Contract for Private Development and the Estoppel Certificate includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City officials authorized by this resolution to execute the First Amendment to Contract for Private Development and the Estoppel Certificate. The execution of the First Amendment to Contract for Private Development and the Estoppel Certificate by the appropriate officer or officers of the City shall be conclusive evidence of the approval of the First Amendment to Contract for Private Development and the Estoppel Certificate in accordance with the terms hereof. BE IT FURTHER RESOLVED , by the City Council of the City of Stillwater, Minnesota, thatthe sale proceeds in the amount of $144,780 to be received by the City at the closing of the purchase of the Project shall be deposited in capital project reserve fund of the City. Adopted by the City Council of the City of Stillwater, Minnesota this 5th day of March 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Prepared by: First Amendment to Contract for Private Development This AMENDMENT TO CONTRACT OF PRIVATE DEVELOPMENT (this "Amendment") is made as of , 2019, by Curve Crest Villa Limited Partnership ("Original Owner"), Curve Crest Housing Associates LLC, a Minnesota li mit ed liab ili ty com p any ("Borrower") and City of Stillwater ("City"). WHEREAS, Borrower has obtained financing from Dw igh t Cap ita l LLC , a New Yo rk limi ted liability company ("Lender") for the benefit of the project known as CURVE CREST VILLAS ("Project"), which loan is secured by a MU L T l FAMILY MORTGAGE, ASSIGNMEN T OF LEASES AND REN T S . AND SECURITY AGREEMENT (MINNESOTA). ("Security Instrument") dated as of January 1, 2019, and recorded in the Recorder's Office of Wash ington County, Minnesota ("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 (the "Contract"); 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, "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 324 7 454; WHEREAS , HUD requi res as a condition of its insu r ing Lender's financing to the Project, that the lien and covenants of the Restrictive Covenants be subordinated to the lien, covenants , an d enfo rcement 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 Dwight Capital LL C, a New York limited liability 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 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) In the event of foreclosure (or deed in lieu of foreclosure), the Restrictive Covenants (including without limitat ion , Section 4.8 of the Contract and any and all other land use covenants and/or restrictions contained therein) and the City's obligations under the TIF Notes shall automatically terminate. (e) Borrower, Original Owner and the City acknowledge that Borrower's failure to comply with the covenants provided in the Restrictive Covenants does not and shall not serve as a basis for default under the HUD Requirements, unless a default 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. (g) For so long as the Mortgage Loan is outstanding, any amendment to the Restrictive Covenants after the date of this Amendment (with the exception of clerical errors or administrative correction of non-substantive matters) without HUD's prior written consent shall be void ab initio. (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 expense arising after the date of this Amendment from any claim or proceeding instituted against City relating to the subordination and the covenants set forth in the Restrictive Covenants to the extent that they apply to the Borrower on account of Borrower's assumption of the Originals Owner's obligations under Paragraph (m) of this Amendment, provided, however, that Borrower's obligation to indemnify and hold the City harmless shall be limited to available surplus cash and/or residual receipts of the Borrower. (i) Section 3.11 of the Contract is explicitly deleted in its entirety . U) Should the Borrower fail to comply with the covenants of Section 4.8, this Contract and the City's obligations under TIF Notes shall automatically terminate. (k) For so long as the Mortgage Loan Documents remain in effect, if there is a conflict between the provisions of any of the Mortgage Loan Documents and the provisions of Article 5 of the Contract, those provisions of the Mortgage Loan Documents shall prevail. (I) The Borrower's obligations under Section 4.8 of the Contract shall be deemed satisfied by Borrower's compliance with (i) the DECLARATION OF LAND USE RESTRICTIVE COVENANTS FOR HOUSING TAX CREDITS 2002 ALLOCATION YEAR dated as of May 5, 2005 between the Original Owner and the Minnesota Housing Finance Agency, as amended by the Amendment to Restrictive Covenants dated on or about the date hereof between the Borrower and the Minnesota Housing Finance Agency, and (ii) the compliance procedures and annual certifications required under Section 4.8 of the Contract. (m) Commencing on the date hereof, the Borrower hereby expressly assumes the obligations of the Original Owner under the Contract arising on or after the date hereof. For purposes of Section 2.2.5, commencing on the date hereof, the Borrower shall be obligated to indemnify, defend and hold harmless the City, its governing body members, officers, employees, agents and contractors under that Section only for claims or causes of action, of whatsoever nature, arising or purportedly arising out of actions of the Borrower, its officers, employees, agents or contractors in connection with the Contract or the ownership or operation of the Minimum Improvements; provided, that Borrower's obligation to indemnify, defend, and hold the City harmless under this paragraph (m) shall be limited to available surplus cash and/or residual receipts of the Borrower. (n) Section 1.1.28 is amended to read as follows: "Termination Date" means the earlier of (i) February 1, 2029, and (ii) the date that the TIF Notes are paid in full. 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 [Attach Exhibit A -Restrictive Covenants] 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 OVlNER: Curve Crest Villa Limited Partnership, a Minnesota limited partnership By: Curve Crest Villa, LLC Its: General Paitner 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 Excepti ons: None -6- J673047Sv3 Exhibit B AGREEMENT -7 - DATELESSEETERM LENGTH EXPIRE DATE NOTICE REQ'MTSTYPE (License or Lease)REASON FOR LEASEFEE AMOUNT COI Req'dNOTES1999‐12‐07 Valley Co‐op. Inc.20 years with 3 add'l 10‐year renewals 12/7/20196 month notice prior to end of term LeaseParking between 8 a.m. ‐ 10 p.m. M‐S (entered into as part of getting grocery store downtown) Assessed when the parking lot was improved$1/yearX2002‐01‐08 Washington County20 years 12/31/2022 60 days to 1 year notice LeaseSelf‐supporting tower w/ directional antennas ‐ Olive Street$1/year Xco‐locater shares rent (fee) 50/50 between landlord & tenant2005‐06‐09Minnesota Zephyr assigns if part of saleIndefinite; unless needed by City 1 year notice to terminate for City useLeaseParking area, staging area, loading and unloading of equipment$1 X2012‐11‐13 Washington County Sheriff20 years with auto renewal 5‐year terms 11/30/2032180 days notice prior to end of termLeaseEquipment Shelter @ 2100 W. Willard St$1/year (Paid lump sum)2015‐06‐02 St. Croix Boat & Packetyearly boating seasoneach yearLeaseDock Space for Short term docking for boating public$16,000.00 2017‐06‐06 Max ToDo Marine Services3 years6/6/2020 30 day notice LeaseProperty where the barge "Frank E" is moored; also accommodate marine services working on public projects on St. Croix River$550/month X2000‐12‐15 St. Croix Boat & PacketAutomatically extends year to yearNotice required if changing fee amountLeaseCity assumed the Union Pacific Railroad's interest in the lease that allows Lessee the use of railroad right of way for parking and non‐exclusive roadway only$9,180.66/year X2009‐09‐14Michael D. Sheehy, heirs, assignees and transfereesNon‐exclusiveLicenseConstruct and maintain landscaping on a protion of 101 Ridge Lane DrNo feeUpon installation all rights, title & interest of landscaping are property of City 1993‐09‐30 Port of Sunnyside Club, Inc.Indefinite1 year notice to terminateLicenseConstruct & maintain a floating dock & to dock boats on public propertyNo fee2018‐12‐04 Patricia Wolf ‐ Biercycle Adventures Reviewed AnnuallyLicenseOperate one multiple‐person tour cycle & uses 1 parking space designated on Water St$3/day for seasonX$606 for 2019 ‐ pay by April 30th2017‐03‐21 North Hill Community Garden 3‐year License 12/31/2019LicenseUtilize Staples Field Park area for community garden$1/year paid through 20192017‐11‐07 Stillwater Trolley3‐year License 11/7/2020License2 parking spaces (Need to review for Ticket Booth location)$645/space X (2 spaces = $1,290/yr) fee reviewed annually1998‐09‐01James & Kay Anderson and Marine Leasing, LLPNon‐exclusive & at‐will30 days notice Municipal LicenseOperate an existing tunnel beneath Commercial Street connecting buildings in common ownershipNo fee X1999‐04‐06Stillwater Marina, LLC (previously owned by Stillwater Yacht Club)Municipal LicenseConstruct and maintain a patio and an underground gas tank on part of the Premises and to utilize part of the Premises for access to the Adjoining ParcelNo fee XTerminate earliest of: abandonment of marina; failure to abide by terms; need for Lowell Park improvements2001‐06‐05Andiamo Enterprises, LLCIndefiniteMunicipal LicenseConstruction and maintenance of private sewer line from Andiamo property to City manholeNo fee X2001‐07‐02 The Church of St. Michael'sIndefiniteMunicipal License Construction & maintenance of a retaining wall ‐ Walnut StreetNo feeX2001‐08‐16Lynn & Janis Most, successors and assignsIndefiniteMunicipal License Use of Cave Area for maintenance of existing subterranean cavesNo fee X2002‐06‐04 Veteran's Memorial Committee30 days notice Municipal LicenseConstruct and operate a Veteran War Memorial and memorial pavers ‐ Riverview Parking Lot X2004‐01‐27 Xcel EnergyConcurrent with Franchise Ord.Municipal LicenseConstruction and maintenance of anode ground bed system to cathodically protect Xcel high pressure gas distribution lineNo fee X2004‐06‐24Charles & Diana McCloskey, assignees and transfereesNon‐exclusive180 days notice Municipal LicenseConstruct and maintain a fence as part of a sport court and lawn on adjacent parcel Lot 42, Block 1, Oak Glen 1st AdditionNo fee2004‐09‐13 Stillwater Country ClubNon‐exclusive3 year notice Municipal License Construct & maintain golf course improvement (11th tee) ‐ Poplar Street No fee2005‐04‐10Jeffrey & Kathryn Anderson, tranferees, heirs and assigns Non‐exclusive180 days notice Municipal License Maintain fence and lightpoles (119 Chestnut St W)No feeSTILLWATER CITY OWNED PROPERTY ‐ LEASED OR LICENSED 3/1/20191 of 2 2008‐12‐16Raymond J. Loida, Jr., successors and assignsDestruction of ImprovementsMunicipal LicenseMaintain shed, garage & driveway ‐ Lot 4, Block 5, Holcombe's Addition (915 Abbott St W)No fee2009‐09‐15Marines Mutter & Colleen Eddy, transferees, heris and assigns Non‐exclusive180 days notice Municipal LicenseMaintain boundary of public property with fence, trees, mulch beds & irrigation systems ‐ Sherburne Stree and Sylvan AvenueNo fee1990‐08‐01Donald Baker, Steven Erban & Joseph Gould, heirs, assignees and transferees Perpetual right of accessDriveway Municipal LicenseConstruct and maintain a driveway for access to residential dwelling ‐ unimproved portion of 3rd Street and Hazel, Lots 3, 4 & 5, Block 47 Carli & Shulenburg's AdditionNo fee1990‐08‐10Robert G. Troyer and Satu Suominen‐Troyer, heirs, assignees and transfereesPerpetutal right of accessDriveway Municipal LicenseConstruct and maintain a driveway for access to residential dwelling ‐ unimproved portion of 3rd Street and Hazel, Lots 3, 4 & 5, Block 47 Carli & Shulenburg's AdditionNo fee1990‐10‐24 Robert and Patricia LockyearDriveway Municipal LicenseConstruct a driveway, install private sewer & water services ‐ 3rd St N adjacent to Lots 1 & 2, Block 11, Carli & Schulenburg's Addition, between Wilkin & Aspen St.No feeNo vested rights, if public street, dedicate improvements to public without compensation 1992‐06‐16Hope House of St. Croix Valley, Inc., assignees and transfereesDriveway Municipal LicenseConstruct a driveway on a protion fo Cherry Street adjacent to Hope House parcel to access property ‐ City reponsible for maintenance & plowingNo fee If Street improved by City, driveway is forfeited1993‐02‐17William A. and LaVonne L. Hubbard, heirs, assignees and transfereesPerpetual right of accessDriveway Municipal LicenseConstruct and maintain a driveway for access to residential dwelling ‐ unimproved portion of 3rd Street and Hazel, Lots 3, 4 & 5, Block 47 Carli & Shulenburg's AdditionNo fee1993‐09‐30 Trinity Lutheran ChurchNon‐exclusive90 days noticeDriveway Municipal LicenseConstruct and maintain a driveway for access to a parking lot ‐ portion of Block 19, Original City of Stillwater (115 4th St N)No fee1995‐10‐16Stacy Jo Thompson, heirs, assignees and transfereesPerpetual right of accessDriveway Municipal LicenseConstruct and maintain a driveway on portion of First St N, south of Hazel St & north of Willow St for access to house constructed on Lot 5, Block 49, Carli & Schulenburg's AdditionNo fee1995‐11‐09David B. Harvieux, heirs, assignees & transfereesPerpetual right of accessDriveway Municipal LicenseConstruct a driveway across vacated portion of Harriet St, south of West Anderson Street for dwelling constructed on Lot 6 & part of Lot 7 , Block 16 Holcombe's AdditionNo fee2004‐11‐23John & Katherine Schoenecker, tranferees, heirs and assigns Non‐exclusive180 days noticeDriveway Municipal LicenseConstruction & maintenance of driveway & garage ‐ Lot 6 & N 1/2 of Lot 5, Block 42, Carli & Schlulenburg's Addition (301 Willow St E)No fee2009‐05‐19Melanie A. Eberts, successors and assignsNon‐exclusive Driveway Municipal LicenseMaintain a shed, garage & driveway on south 2.5' of Hazel St E adjacent to Lot 1, Block 48, Carli & Schulenburg's AdditionNo fee Terminates upon destruction of improvements2017‐10‐17SuperValu, Inc. & Veterans' Memorial CommitteeRenewed Annually 12/31/2018Assignment Agmt Parking Lot maintenace performed by Vets Memorial Committee2018‐06‐25Kraemer North AmericaAccess AgmtAccess to move City owned barge Frank "E" for Construction $2,857/mo12/5/20182018‐10‐09United State Bench Corporation Renewed AnnuallyBench License 15 benches in various locations in the City for Bus Transporation$50/each X $750 for 2019 ‐ paid?2019‐02‐19 St. Croix Boat & PacketReviewed AnnuallyDock PermitThe moorage at the dock facilities is limited to six charter/excursion boats and one service boat not exceeding 26 feet in length.$10,200 3/1/20192 of 2 S On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Jacob Bell For his strength of character to take immediate action starting lifesaving efforts, with four of his Stillwater Fire Department partners, on a patron at an International Falls restaurant they were dining in, whom was not breathing and had no pulse; and relaying critical information to responding EMTs by telephone, as they were in route, with onlookers very impressed to witness the speed, professionalism, and skill of these off-duty and former members of Stillwater Fire Department, in their performance of lifesaving emergency medical procedures, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: March 5, 2019 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION S On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Jon Bell For his strength of character to take immediate action starting lifesaving efforts, with four of his Stillwater Fire Department partners, on a patron at an International Falls restaurant they were dining in, whom was not breathing and had no pulse; and relaying critical information to responding EMTs by telephone, as they were in route, with onlookers very impressed to witness the speed, professionalism, and skill of these off-duty and former members of Stillwater Fire Department, in their performance of lifesaving emergency medical procedures, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: March 5, 2019 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION S On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Phillip Gresafe For his strength of character to take immediate action starting lifesaving efforts, with four of his Stillwater Fire Department partners, on a patron at an International Falls restaurant they were dining in, whom was not breathing and had no pulse; and relaying critical information to responding EMTs by telephone, as they were in route, with onlookers very impressed to witness the speed, professionalism, and skill of these off-duty and former members of Stillwater Fire Department, in their performance of lifesaving emergency medical procedures, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: March 5, 2019 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION S On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Derek Nelson For his strength of character to take immediate action starting lifesaving efforts, with four of his Stillwater Fire Department partners, on a patron at an International Falls restaurant they were dining in, whom was not breathing and had no pulse; and relaying critical information to responding EMTs by telephone, as they were in route, with onlookers very impressed to witness the speed, professionalism, and skill of these off-duty and former members of Stillwater Fire Department, in their performance of lifesaving emergency medical procedures, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: March 5, 2019 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION S On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Christopher Zeuli For his strength of character to take immediate action starting lifesaving efforts, with four of his Stillwater Fire Department partners, on a patron at an International Falls restaurant they were dining in, whom was not breathing and had no pulse; and relaying critical information to responding EMTs by telephone, as they were in route, with onlookers very impressed to witness the speed, professionalism, and skill of these off-duty and former members of Stillwater Fire Department, in their performance of lifesaving emergency medical procedures, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: March 5, 2019 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION 0 D = 0 .7 2 c .- R @2 .65 oR■-a a) 3 ( § $a)/� c Wsc m _.- 2ƒ cas m z E - a @ $ c/cu a)@222o 3 0co \ 2.a)«02 E To 2 m — 2k±q� ©� @ c O @ c \k o k E o E . "c -) N&C c f£2tali £ a) a) o § c < -a ® 3 a ¢Dt £.g O. ®6cc 2 c c @ m o 2 a- o u>c 0aD 5 Fmt awl fro a1W CEO) The City of Stillwater and the Stillwater Fire Department recognizes that MI 0 Performed in such a manner as to reflect credit upon the citizens of the City of Stillwater as follows: 5 O O O L o (0 i- 0 • Q C co a) a) a) N — N Y .N U O O (0 (0 -) (I) _ 0 0 L 0) O a > `�-- N O 0"O C —_+, o o N _ (0 0_ a) (73 t o a) 2 a) > O 4' 0 _c ct 200D0 L N ct a) y--' • cn acoa) c N O 'Q O. (1) O i • L co • o a) To J L Cl) C "2 _c O u) (7 E -0 .N 0 _c a) - L a) O c i1) Q 0 c 1-0 O 5:5 0- N U c .Q _c N • a) C O •`� o E o oO0) cn a) co 0_ � • To a) N 0 •c - 0 � � Ea).Ca) w co"- 3= L OC�L c•a•—> a) T N > O > (o 0_ E (J.) _o a.) u W • c C O O 0 "� Due to Phil Gresafe's actions and response during a life threatening emergency situation, a) N 0_ O O 0 a) pj E c o0 as tr. N 0 (0 L) E� EO 6U • c0 N a)0.) County Highway 5 – Phase 2Improvement ProjectMarch 5, 2019Andrew GiesenWashington County Project Manager Presentation Topics• 2014 Corridor Study • County Highway 5 • Preliminary Design• Community Engagement • Project Costs• Resolution of Support2Washington ~~county ~=- County Highway 5 Study• Initiated in 2014• Croixwood Blvd. to TH 96• Evaluated improvement alternatives• Two public open houses • Developed recommended alternatives– Summarized in staff memo in 20163Washington ~~county ~=- County Highway 5• North-South route in Stillwater• County Highway– Supports all modes of transportation• Average daily traffic between 6,400 and 8,900• Lacks adequate pedestrian accommodations and connectivity4Washington ~~county ~=- 5 Project Process• Stage 1: Preliminary Design and Community Engagement• Stage 2: Final Design and Property Acquisition• Stage 3: Construction6Washington ~~county ~=- Project Management Team• Meet Monthly• Representatives from– City of Stillwater– Washington County– Design Consultant• Created:– Project Goals– Project Website– Community Engagement Plan7Washington ~~county ~=- Project Goals• Provide sidewalk on both sides of County Highway 5 in the reconstruction segment8 Project Goals• Improve quality and life of pavement • Pavement Condition Index = 52 / 1009 Project Goals• Stripe left turn lanes at Brick Street• Improve pedestrian accessibility and safety• Gain community and agency acceptance10 Project Website•https://www.co.washington.mn.us/CountyRoad511 Community Engagement• Public Open House Meeting• Newsletters• One-on-one Meetings• Neighborhood Meetings12Washington ~~county ~=- Open House #1• May 23, 2018• Attendees:–Learnedabout project background, design process, and schedule–Reviewed existing road conditions and traffic use–Providedfeedback and shared ideas on improvements– Were informedof property owner’s rights for property acquisition–Spokewith staff and to get their questions answered13 Design Alternatives14 Preferred AlternativeOwens Street –McKusick to Sycamore15 Preferred Improvements• Resurface roadway• Replace curb and gutter• Reconstruct existing sidewalks• Extend sidewalk • Provide more snow storage• Replace two blocks of watermain• Add left turn lanes at Brick Street• Add stormwater treatment to protect Lily Lake16Washington ~~county ~=- Design Challenges• Driveways• Stairs• Retaining Walls17 Project Costs• Washington County Cost Participation Policy– New sidewalk:50% City– Relocated curb for recon. of sidewalk: 50% City– Retaining walls:50% City– City utility's (watermain)100% City– Design engineering services: % of const. cost– Property Acquisition:55% City• Total Project Costs (Design, Property Acq., Const.)– County: $3,300,000– City: $500,00018Washington ~~county ~=- Next Steps• 2019 – Moving into final design and property acquisition process• 2020 – Construction• Neighborhood Meetings– Scheduled for Late March• City Council – Cooperative Agreements– No-Parking Resolution19 Resolution of Support• With City support, the County will;– Closeout preliminary design– Move into final design and property acquisition – Conduct neighborhood and one-on-one meetings with property owners– Continue to provide the community project updates20Washington ~~county ~=- Contact Information• For more information regarding the project, please visit: https://www.co.washington.mn.us/CountyRoad5• Or contract Andrew Giesen, Project Manager at: (651) 430-4336 or andrew.giesen@co.washington.mn.us21 RESOLUTION NO. 2019- A RESOLUTION OF SUPPORT FOR PEDESTRIAN AND SAFETY IMPROVEMENTS (COUNTY PROJECT NO. C.P.10509) WHEREAS, Washington County has, through its Capital Improvement Plan (CIP) recommended a project on County State Aid Highway (CSAH) No. 5, also known as Olive Street, also known as Owens Street, to improve pedestrian access, the ride of CSAH 5, snow storage, as well as safety; and WHEREAS, Washington County, in consultation with the City of Stillwater, engaged in a corridor study process beginning in 2014 to identify potential and prioritized improvements for the CSAH 5 corridor within the City of Stillwater; and WHEREAS, the City and County have engaged in community engagement process as part of the study and preliminary design effort intended to gather and consider public feedback for the proposed improvements; and WHEREAS, a preferred concept project layout showing the proposed improvements on and along CSAH 5, within the limits of the City of Stillwater, has been prepared and provided to the City; and WHEREAS, the City of Stillwater may choose to assess a portion of its cost to the property owners along this corridor, the County will support the City in following the Minnesota Statute 429 process. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Stillwater supports the proposed construction of CSAH 5 in year 2020. BE IT FURTHER RESOLVED that the City Council of the City of Stillwater supports the County continuing with the development of final plans and right-of-way acquisition necessary for the construction of the project. Adopted by the City Council this fifth day of March 2019. Ted Kozlowski, Mayor ATTEST: _________ _ Beth Wolf, City Clerk 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES February 19, 2019 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:08 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Finance Director Provos City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Curve Crest Villas Proposed Sale/TIF #9/Amended Development Agreement Provisions and Financial Review ‐ Discussion and Possible Action City Administrator McCarty explained that developer Tim Nolde approached the City last year to discuss a proposed sale of Curve Crest Villas. According to the original development agreement, a portion of the proceeds of the sale would revert to the City. The City’s bond counsel and financial consultants have reviewed the development agreement and concur with what Mr. Nolde’s group proposed on the numbers. The buyer will be using HUD funding, so HUD is requiring an Estoppel Certificate to be signed off by all parties. He suggested that staff bring a resolution with final language to the next Council meeting. Councilmember Junker asked if there is any reason to do due diligence on the purchaser; and City Attorney Land answered that the City has no obligation with regard to the buyer other than to keep the building in compliance with the number of units of affordable housing. Mr. Nolde’s attorney stated a restriction was recorded against the property in the early 2000s as part of the affordability component. It will remain recorded against the title. The buyer is required to remain in compliance. He would prefer that the Council act tonight to empower bond counsel to approve the documents, as the buyer has been waiting patiently, is ready to go, and they were hoping for a March 15 closing. City Attorney Land advised the Council against approving anything tonight without having the documents, because HUD has not approved them, nor has the b uyer approved them. She City Council Meeting February 19, 2019 Page 2 of 5 expressed confidence that the final documents will be ready for Council action at the next meeting. OPEN FORUM Stillwater Area High School tenth grader B. Acers, presented a proposed resolution she would like placed on the agenda for the next meeting. She belongs to national youth climate action organizations iMatter and Sunrise, which are encouraging youth around the U.S. to present resolutions to their city councils to support the Green New Deal, a petition to create a special committee in the U.S. House to address climate change. Mayor Kozlowski commended Ms. Acers on her presentation. He stated he is not sure if the next council meeting would provide enough time for city staff to research the legislation, review the resolution, and provide a recommendation to the Council. He added that the GreenStep Cities program is already in place to address the City’s commitment to become more sustainable. City Administrator McCarty explained the process of researching and reviewing potential resolutions that come before the Council. Councilmember Weidner applauded Ms. Acers’ presentation, but pointed out that staff is overburdened with too many workload demands to research the broad issue of climate change. Councilmember Junker stated the scope of the request is huge. It would have to be shrunk down significantly, specifically to GreenStep Cities participation, if the Council is to act on it. Councilmember Polehna remarked that Stillwater is already a pollinator friendly city and a GreenStep city, and a lot of energy for City Hall and the dome is solar generated. Mayor Kozlowski offered to help staff review the proposal. Todd Konigson of livwell.design, 201 6th Street South, asked to speak about the resolution on the Consent Agenda denying the amended PUD for the Liberty Village commercial area. He pointed out the parcel has been vacant for about 20 years, suggesting that the original PUD for office use likely has no market interest, and therefore he requested to amend the PUD. Prior to submitting the application for the amended PUD, he met with City planning administration and stated he would be as conforming as possible with this project to get it approved. The amended PUD was approved by the Planning Commission and the commercial association and not one residential neighbor came to the Planning Commission to voice a complaint. It was highly disappointing that there was very little deliberation at the last meeting prior to denial of the amended PUD. Councilmember Polehna stated he would like Mr. Konigson to show the designs to the business owners, as he understands they have not been adequately informed. He feels the flat roof design does not fit the neighborhood. Mr. Konigson reiterated that the president of the commercial association, Michael Oreck, stated that he reached out to everyone and they approved the design. Mayor Kozlowski encouraged Mr. Konigson to work with Community Development Director Turnblad to submit a revised design. City Council Meeting February 19, 2019 Page 3 of 5 STAFF REPORTS Police Chief Gannaway informed the Council that the Stillwater Police Department now has a Facebook page. Community Development Director Turnblad reported that Graham Tait, the new Zoning Administrator, will start work this coming week. City Administrator McCarty stated the City has engaged lobbyist Brian McDaniel to work on funding for the Highway 36 & Manning interchange. He reminded the Council of the League of Minnesota Cities legislative conference tomorrow and Thursday in St. Paul. He praised public works staff for removing snow in residential areas and downtown. CONSENT AGENDA February 5, 2019 regular and recessed meeting minutes Payment of Bills St. Croix Boat and Packet Company’s 2019 Dock Permit Joint Cable Commission New Member Appointment – Scott Adamson Agreement with Regions Hospital Emergency Medical Services for EMS Education Stillwater Half Marathon Event Contract RESOLUTION 2019‐023, a resolution denying a Site Review Conditional Use Permit for the Historic Armory at 107 Chestnut Street East, CPC Case No. 2018‐70 RESOLUTION 2019‐024, a resolution denying a Concept PUD Amendment for Liberty Village to allow three story buildings, CPC Case No. 2018‐67 RESOLUTION 2019‐025, accepting work and ordering Final Payment for 2017 Street Improvement Project (Project 2017‐02) Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt the Consent Agenda as amended with RESOLUTION 2019‐024 pulled. Motion passed. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt RESOLUTION 2019‐024, a resolution denying a Concept PUD Amendment for Liberty Village to allow three story buildings, CPC Case No. 2018‐67. Motion passed. PUBLIC HEARINGS CPC Case No. 2019‐4, an appeal request by Michael and Necole Kahn, property owners, for the reconsideration of a variance to construct a third stall on the garage for the property located at 1260 McDougal Green. Community Development Director Turnblad reviewed the case. On January 23rd, 2019, the Planning Commission denied a variance request from Michael and Necole Kahn to construct an open, unenclosed (carport) stall onto their two‐car garage, finding that practical difficulty did not exist. The applicant is appealing the Planning Commission’s denial. They have further requested the Council consider the addition of an attached, enclosed single‐stall addition to their existing, two‐car attached garage, requiring a variance to allow for a garage greater than two stalls wide. An anonymous public comment was originally submitted, indicating opposition to the unenclosed (carport) stall and suggested instead a third, enclosed garage stall. In two subsequent letters submitted, neighbors continue to object to the addition of the unenclosed (carport) stall. The Homeowners Association has indicated City Council Meeting February 19, 2019 Page 4 of 5 their board does not consider the carport to be consistent with the architectural style of the neighborhood, but they would not approve nor deny the request. While the application is in harmony with the intent of the zoning ordinance, and consistent with the comprehensive plan, an unenclosed (carport) stall 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 recommends approval of the variance with four conditions. The Council could consider it de novo or send it back to the Planning Commission. Mayor Kozlowski stated he would support an enclosed garage stall, but he questioned the administrative process of arriving at the new design. City Attorney Land responded that the Council could overturn the Planning Commission decision and approve the variance, attaching the condition that it be an enclosed garage. Councilmember Weidner suggested the Council should not be reviewing designs. He would rather look at the same application the Planning Commission considered, which is what is being appealed. If the design is different, the applicant should take it to the Planning Commission. Mr. Turnblad indicated that he would consider the enclosed stall to be different enough from a carport that staff would consider it a new application, starting over again with a public hearing at the Planning Commission. Mayor Kozlowski opened the public hearing. Michael Kahn, applicant, stated he would like to get this taken care of with the least amount of additional cost. He feels the original plan was an architectural improvement, but he would agree to enclose it. He would like to get conditional approval tonight so he can get plans to the homeowners’ association and complete the project by spring. The design is similar to a porch which is on every home. Joe Seeb, a neighbor of Kahns, spoke in support of the application, because it will reduce some of the limited parking in the neighborhood. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Collins, to deny the appeal and refer the case back to the Planning Commission for consideration of a design for an enclosed structure. Motion passed. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. COMMUNICATIONS/REQUESTS Police Chief Gannaway reported that the National Weather Service is forecasting spring flooding to be very high on the St. Croix River. Information on flood preparedness will be brought to the next council meeting. City Council Meeting February 19, 2019 Page 5 of 5 COUNCIL REQUEST ITEMS Councilmember Junker echoed Mr. McCarty’s kudos on snow removal downtown. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. Motion passed. The meeting was adjourned at 8:16 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk RESOLUTION 2019‐023, a resolution denying a Site Review Conditional Use Permit for the Historic Armory at 107 Chestnut Street East, CPC Case No. 2018‐70 RESOLUTION 2019‐024, a resolution denying a Concept PUD Amendment for Liberty Village to allow three story buildings, CPC Case No. 2018‐67 RESOLUTION 2019‐025, accepting work and ordering Final Payment for 2017 Street Improvement Project (Project 2017‐02) Page 1 LIST OF BILLS Advance Auto Parts Equipment repair supplies 524.21 Aspen Mills Uniforms 1,491.56 CDW Government Inc. Peerless flat mount 71.45 Century Link Telephone 91.32 Cintas Corporation Uniforms & mat cleaning service 123.41 Cole Papers Hand soap 52.20 Comcast Cable lV 38.91 Compass Minerals America Inc Salt 4,184.31 Coverall of the Twin Cities Commercial cleaning services 540.00 Daleo Janitorial suppllies 84.26 ECM Publishers Publications 109.25 Gavin Ben Refund Parking Ramp Vouchers 328.00 Gertens Wholesale Contractor expo 175.00 Grainger Building repair supplies 471.19 Greater Stillwater Chamber of Commerce Chamber educational series 20.00 Jesse Trebil Safe Basements MN Refund of Permit 111.40 Kocon Michael Reimburse for iPad 600.00 League of MN Cities MN Cities Stormwater Coalition 783.00 Loffler Companies IT Professional services 350.00 Mansfield Oil Company Fuel 12,770.33 Marshall Electric Company Building repair charges 366.00 Menards Building repair supplies 220.42 Metropolitan Mechanical Contractors Maintenance 5,510.68 Modern Heating & Air Boiler repair 3,073.92 My Alarm Center Alarm Monitoring Services 98.82 Office Depot Office supplies 197.80 O'Reilly Auto Parts Equipment repair supplies 21.42 Overhead Door Co Garage door repair 780.10 Oxygen Service Company Inc. Oxygen cylinders 349.78 Performance Plus LLC Drug screen 45.00 Postmaster Permit# 206 Fee 470.00 Pullen Annette Marie Therapy 90.00 St. Croix Boat and Packet Co. Ramp cleaning 810.00 Stillwater Motor Company Vehicle service 411.51 Target Solutions Learning TS Checkit Maint Agreement 2,000.00 Tee Inc Remote telemetry unit antennas 104.00 Toll Gas and Welding Supply Cylinders 291.98 Verizon Wireless Wireless Service 2,000.10 Volunteer Firefighters Benefit Firefighters Ins 1,704.00 Washington County Public Works CSAH 5 39,326.40 WS & D Permit Service Inc Refund of Permit 525.20 lacks Inc. Magnesuim luke rake 346.19 REC CENTER Page 2 1ST Line/Leewes Ventures LLC Snacks for concessions 1,340.60 Arrow Sports Group Concession supplies 853.96 Canteen Refreshment Services Coffee and supplies for concessions 623.08 Cintas Corporation Mat cleaning service 103.00 Coca -Cola Distribution Beverages for concessions 1,256.16 Comcast TV Internet & Voice 373.72 Corval Constructors Equipment repair 392.00 Daleo Kaivac 12 Gal Tank 2,849.86 Goodin Company Equipment repair supplies 514.35 Grainger Equipment repair supplies 192.48 ISD #834 Stillwater Area Schools Community Ed Ad 700.00 Mahtomedi High School Boys Gate Split Hockey 5,641.00 Menards Supplies 71.80 Pepsi Beverages Company Beverages for concessions 1,432.26 Sentry Systems Inc. Alarm monitoring 140.85 Stillwater Area High School Boys Gate Split Hockey 6,726 .00 Twin Cities Dots & Pop Treats for concessions 382.08 LIBRARY Brodart Co sec Supplies 297.05 CDW Government Inc. MR/ Conf Projection 102.28 Cengage Learning Materials -Adult Fiction 218.18 Cintas Corporation Mat & towel cleaning service 72.24 Cole Papers Supplies 409.84 Culligan of Stillwater Water 27.25 Cybrarian Corporation Cybrian Interim Renewal 291.67 Greater Stillwater Chamber of Commerce Annual Chamber Membership 220.00 Midwest Tape Materials -Juv Music 63.07 NAC Mechanical and Electrical Services HVAC Repairs 1,480.78 Office of MN IT Services Phone Jan 2019 138.50 Otis Elevator Company Elevator Service Contract 561.00 Toshiba Business Solutions Maintenance Contract 47.29 Date: February 25, 2019 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: 2019 Farmer’s Market Event & Contract Attached is the 2019 Farmer’s Market Event application and draft contract. The event will be similar to years past at the Riverview Lot. The event pays for 1/3 of the portable restroom costs and for an additional trash container according to the 2019 fee schedule. ACTION REQUIRED: If Council wishes to approve the special event and contract they should pass a motion approving the 2019 Farmer’s Market Special Event and Contract. STILLWATER FARMER’S MARKET 2019 AGREEMENT THIS AGREEMENT made this 5th day of March 2019 between the CITY OF STILLWATER, Washington County, Minnesota (“City”) and STILLWATER FARMER’S MARKET ASSOCIATION, c/o Beverly Friendt, its President, 3503 Long Lake Road E, Pine Springs, MN 55115 (“Farmer’s Market”). 1. Location. The City of Stillwater has authorized the Farmer’s Market to use the parking lot located on the corner of Third and Pine Street for the purpose of conducting a farmer’s market where vendors will offer agricultural goods and related merchandise for sale to the public. Substantial changes in the layout/format/duration of the Event will not be made by the Organizer at any time without advanced notice to the City. 2. Dates and Hours of Event. Operations are limited as follows: a. Saturdays, June 8 through October 26 of the year 2019 b. Set-up begins at 6:30 a.m. c. Event Time: 7:30 a.m. – 12:00 p.m. (Noon) d. Clean-up finished by 12:30 p.m. 3. 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 no later than three (3) weeks before the event. 4. Signs. Market signage must be approved by the Community Development Director including the size and location of signs and banners. 5. Parking Lots. Organizer is aware and will inform all vendors and event participants that staking into the asphalt, etc. is not allowed (any damage repair will be paid for by the organizer). 6. Portable Toilets/Trash Container. The City will provide a toilet for use of vendors and patrons throughout the period of their use. The portable toilet will be located in the upper parking lot on Fourth Street. The Farmer’s Market shall reimburse the City for and extra trash container and one–third (1/3) of the seasonal costs of the portable restroom, which is due three (3) weeks before the start of the events. 7. Term. The term of this Agreement will be for one year unless terminated earlier by the City on public safety grounds. 8. 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, 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 STILLWATER FARMER’S MARKET ASSOCIATION By Beverly Friendt, Its President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of _________, 2019, by Beverly Friendt, the President and duly authorized agent for Stillwater Farmer’s Market Association. Notary Public Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No D Yes Jll Number and size: Will there be any inflatables? No fjJ Yes D Insurance certificate from rental vendar is required Will there be entertainment? No ~ Yes D What type: Fees for electricity may apply see Instructions Will sound amplification be used? No ,9J Yes D Hours and Type: Will a stage or tent(s) be set up? No {JJ Yes D Dimensions: Will there be temporary fencing? No fJl Yes D Will merchandise/food items be sold? No D Yes ~ How many Fees for electricity may vendors expected: apply see Instructions Will food be prepared on site? No ~ Yes D Contact Washington Caunty Health Department, 651-430-6655 Will cooking operations be conducted? No ¢ Yes D Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No ~ Yes D See Akohol Regulations In the Instructions Will alcohol be sold? No tj Yes D See Alcohol Regulations in the Instructions Will there be a fireworks display? No rh Yes D Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available d/ ·7 JI ;:Jf v M /J.5.re--<' r ft 2c-rr/i!- City Services (After reviewing the event application, City services may be requrled for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No ~ Yes D Start/End Time: Date : City Sidewalks or Trails No ~ Yes D Start/End Time: Date: Public Parking Lots or Spaces No D Yes kl. Start/End Time: ~ _I Jt? -/e}i:!13Jate:p-/,,./ 1 . Will event need barricade(s)? No .,P Yes D Number needed: Fees may apply see Instructions Will extra picnic tables be needed? No rf{J.. Yes D Number needed : Fees may apply see Instructions I EVENT USES ENTIRE UPPER LOT FOR THE EVENT AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT, made on the 12 day of February 2019 by and between the City of Stillwater, a municipal cmporation, 216 4th Street North Stillwater MN 55082 ("City") and Inspectron, 15120 Chippendale Ave., Suite 202 Rosemount, MN 55068 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for the performance of inspection and plan review of permitted construction projects per State law and City Ordinance; and WHEREAS, Contractor desires to perform the services for the City under the terms and conditions set forth in this Agreement; NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. Services. City agrees to engage Contractor as an independent contractor for the purpose of conducting building code plan review, inspections and re-inspections ("Services") in the City per State law and City Ordinance. Contractor may perform additional services, however, such additional services must be agreed to by the parties in writing. 2 . Fees and Invoices. Contractor agrees·to perform such Services at a rate of $65.00 per hour. Contractor shall provide monthly invoices for such Services, clearly identifying the dates the Services were performed, the project on which the Contractor worked, a description of the activity performed and the number of hours worked. Such invoices shall be due and payable within 30 days of their submission. 3. Subcontractors. Contractor may retain subcontractors to assist with the performance of its Services, however, any subcontractor shall also be required to provide the same insurance obligations as are required of Contractor. In addition, subcontractors shall be under the complete direction and control of Contractor, who shall be solely responsible and liable for their performance of Services under this Agreement. City shall not be obligated to pay any subcontractor directly for any Services performed under this Agreement. 4. Release of Data. City shall provide Contractor with access to all information, records, systems and data required in order for Contractor to adequately perform such Services. City shall retain the proprietary and confidential information regarding Contractor's business in accordance with the Minnesota Data Practices Act. 5. Independent Contractor. Contractor agrees that nothing in this Agreement shall be construed to create an employment, partnership, joint venture, license or agency relationship. Contractor agrees to provide its own transportation, equipment, tools and supplies necessary for such Services. 6. Insurance . Contractor agrees to provide liability insurance at least of the amount of $1.000.000.00 for each occurrence and $2,000,000,00 Aggregate and shall name City as an additional insured. 7. Mutual Indemnification. City and Contractor agree to mutually indemnify and hold harmless the other party for any and all liabilities, claims or actions that arise out of the performance of the Services under this contract due to the negligence of the other party. 8. Term. This Agreement shall remain in effect for one year. Either party may terminate this Agreement upon written notice. 9. Assignment. Neither party's rights and obligations shall be assignable. 10. Governing Law. This Agreement shall be governed by the law of the State of Minnesota. Any legal action shall be brought in Washington County, Minnesota. The parties agree that in the event either party brings an action against the other to enforce any condition of the Agreement, the prevailing party shall be entitled to recover its litigation costs and attorneys fees. 11. Severability. If any provision of this Agreement is illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not have an effect upon or impair the remainder of the Agreement. 12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and may only be amended in writing by the parties. IN WITNESS WHEREOF, both parties have signed this Agreement the day and year first written above. CITY OF STILLWATER ,MN CONTRACTOR Mayor President Inspectron, Inc. City Clerk CITY COUNCIL MEETING DATE: March 5, 2019 CASE NO.: 2019-03 Planning Commission: February 27, 2019 APPLICANT: Fenway Land Company REQUEST: Request for a Zoning Text Amendment (ZAT) to City Code Section 31-308(b)(1), the Minimum standards of the Massing Regulations for the RB two-family district ZONING: Citywide COMP PLAN DISTRICT: Citywide PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND One of Stillwater’s oldest single-family zoned neighborhoods (the RB – Two Family Residential zoning district) requires a minimum lot width of 75’ for two-family properties and 50’ for single- family properties. While staff does not have specific details to why these widths were chosen, as these districts were created in the mid- to late-1960s, we can assume the requirement for greater width of a two-family property was due to the type of two-unit construction desirable at the time: side-by-side duplexes. REQUEST Fenway Land Company, property owner of 8313 and 8393 Marylane Avenue North, has applied for a Zoning Text Amendment (ZAT) which would allow two-family homes to be constructed on lots 65’ in width. The proposed amendment reads: Single-family Two-family Lot width 50 feet2 75 feet 65 feet APPLICABLE REGULATIONS City Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments may be made when: Public necessity, general community welfare and good zoning practice permit the amendment; and CPC Case No. 2019-03 CPC: 02/27/2019 Page 2 of 3 The proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. STAFF ANALYSIS The applicant has indicated this Zoning Text Amendment would allow for multi-generational housing on the Maryland Meadows site where the City has recently approved a Preliminary Plat. While the developer’s request would benefit his development, there is a greater public purpose. One strategy for increasing housing density and lowering housing costs is to allow for a greater number of units on smaller areas of land. Comprehensive Plan The 2030 Comprehensive Plan guides RB, two-family zoning district parcels towards low/medium densities, which is 4.4 to 9.7 units per acre. Changes to the minimum lot width requirement would not increase the density beyond this range. Even if all of the lots in the RB Zoning District were eligible to convert to two unit lots 1 (most of them are fact not), the maximum density would be 8.7 units per acre. With regard to the Draft 2040 Comprehensive Plan, this request helps the City fulfill some of its requirements to increase densities and potentially provide for more affordable housing throughout the city. Specifically, if the RB two-family district could provide for two units on lands 65’ in width or greater, there would be additional lots eligible for two-unit conversions or accessory dwelling units. These new units would be in closer proximity to community services and public parks. This would help the City towards the following housing objectives: • Maintain the mix of housing types and tenure in Stillwater’s older residential neighborhoods; • Locate multifamily and attached housing closed to community services and public parks. Adjacent Community Review Staff looked at minimum lot widths for adjacent communities; Bayport requires a minimum of 75’, Oak Park Heights requires a minimum of 80’, and Lake Elmo requires a minimum of 100’ for two-unit properties. These are common property widths for suburban communities and traditional suburban neighborhood design. Stillwater’s RB two-family district is not suburban; it is an urban zoning district, allowing for greater density on small lots. In an analysis of the existing conditions within the City of Stillwater, 3.6% of the city’s housing stock contains two-unit properties. In an analysis of the 108 two-unit properties located in the oldest portions of the City; of these, a total of 56% (61 properties) are on lands that are less than 65’ in width. The average construction year of these two-unit properties is 1895. It was historically common to have mixed single-family and multiple-family (most often, two-family 1 Eligible lots are those with at least 10,000 square feet of area and 75 feet of width (65 feet if this ordinance is passed). CPC Case No. 2019-03 CPC: 02/27/2019 Page 3 of 3 conversions) within the same neighborhood. This is further supported by pointing to the minimum widths for other urban areas with older housing stock. Minneapolis requires a minimum width of 40’ whereas St. Paul requires a minimum lot width of 25’ per unit. ALTERNATIVES Regarding the ZAT, the City Council has the following options available to them: 1. If the Council finds the public necessity, general community welfare and good zoning practice permit the amendment and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, the City Council could approve the first reading of the Zoning Text Amendment. 2. Make findings that the public necessity, general community welfare and good zoning practice do not support the amendment or that the proposed amendment is not in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, and deny the requested ordinance amendment. 3. Table consideration for more information. FINDINGS AND RECOMMENDATION The City of Stillwater’s RB two-family zoning district Massing Regulations applies to all properties in the City zoned as such. While the proposed Zoning Text Amendment would be applicable to newer developments that are zoned with this classification, such as the one being planned by the applicant, the largest area benefited would be that of the City’s oldest neighborhoods (found – roughly – east of Lake McKusick, in the Neighborhood Conservation District). It is good zoning practice to promote compatible density increases in already developed areas. This allows the City to have reduced infrastructure maintenance and replacement costs as well as provide for living opportunities in neighborhoods that are walkable or are close to public services. The RB Two Family Residential District has proved to allow for higher density without sacrificing community character and the general community welfare. As the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, staff recommends approval of CPC Case No. 2019-03, a request for a Zoning Text Amendment (ZAT) to City Code Section 31-308(b)(1), the Minimum standards of the Massing Regulations for the RB two-family district. ATTACHMENTS Applicant ZAT Narrative Draft Ordinance AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 31-308(b)(1), RB TWO-FAMILY RESIDENTIAL ZONING DISTRICT MASSING REGULATION MINIMUM STANDARDS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Purpose. The purpose of this Ordinance is allow for a reduction of the 30’ steep slope setback requirement from the toe of a slope when it has been determined, by a professional engineer, that the slope stability will not be compromised by structural encroachments. 1. Amending. Stillwater City Code Section 31-31-308(b)(1), the Minimum standards of the Massing Regulations for the RB two-family district, is amended as follows: Single-family Two-family Lot width 50 feet2 75 feet 65 feet 2. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to the law. Adopted by the City Council of the City of Stillwater this ______ day of March, 2019. CITY OF STILLWATER ______________________________ Ted Kozlowski, Mayor ATTEST: _______________________________ Beth Wolf, City Clerk PLANNING REPORT REPORT DATE: March 1, 2019 CASE NO.: 2019-06 TO: Mayor & Council Members APPLICANT: Matt Wolf, President, CVII Holdings, Inc. LANDOWNER: CVII Holdings, Inc. SUBJECT: Historic Armory re-use plan HEARING DATES: Planning Commission February 27, 2019 City Council March 5, 2019 60-DAY DEADLINE: April 12, 2019 ZONING: CBD, Central Business District REQUEST: Approval of a site review Conditional Use Permit REPORT BY: Bill Turnblad, Community Development Director BACKGROUND Matt Wolf is one of the owners of the Historic Armory property on Chestnut and Third Streets. The owners are proposing to remodel and convert the property to eight high-end market rate apartments, a locally based craft distillery or micro-brewery, and office space. The Planning Commission has held two public hearing on this project, and 1) approved the necessary Special Use Permit for the apartments; 2) approved the Special Use Permit for the craft distillery/micro-brewery; and 3) recommended approval of both the current and previous site review Conditional Use Permits. The Downtown Parking Commission reviewed the case as well. They found that the parking load of the proposal did not exceed that allowed by City Code. And they recommended approval of the parking plan for the required on-site residential parking, which included eight spaces in the garage and seven spaces outside. Historic Armory Page 2 On February 5, 2019 the City Council denied the initial site review Conditional Use Permit based on the fact that the indoor parking spaces were all for compact vehicles. Subsequently, the property owners have re-designed the interior parking spaces and have re-applied for the site review Conditional Use Permit. The interior spaces are now all full-sized spaces, which was made possible by changing the amount of space in the garage dedicated to the craft distillery. Existing armory building Photo credit: Google Maps 8/2017 SPECIFIC REQUEST The City Council is being requested by the owners to approve the revised site review Conditional Use Permit (CUP). [Note: The Planning Commission has held a public hearing for the revised CUP. The Council is therefore not required to hold another public hearing.] EVALUATION OF SITE REVIEW CUP In February of 2017 the City Council adopted an ordinance requiring a site review Conditional Use Permit for all large building projects in the CBD Zoning District (Downtown Stillwater)1. A “large building project” is defined as a building with at least 20,000 gross square feet of space. If the building already exists, and at least 12,000 square feet of the 20,000 is being renovated or reused, then it requires a site plan review CUP. The historic armory building has substantially more than 20,000 gross square feet, and between 16,300 and 20,800 square feet are proposed for re-use. So, a site plan review Conditional Use Permit is required for this re-use plan. Proposed re-use plan Depending upon the final mix of tenants for the property, three re-use plans are being considered. Scheme One would include eight market rate apartments, 3,502 square feet of craft 1 City Code Sec 31-515.2 Historic Armory Page 3 distillery (or micro-brewery) space, and 4,450 square feet of office space. Scheme Two would be 3,772 square feet of craft distiller/micro-brewery, seven apartments, and 4,450 square feet of office space. Scheme Three would be eight apartments and 13,600 square feet of office space. Parking plan The primary concern for this project is the potential impact upon the Downtown parking system. For the owners to maximize the potential use of the property would require creation of additional nearby parking capacity. Consequently, the property owners have been exploring options. The City has also been considering some type of parking structure on the east portion of the block where the historic armory is located. But, two years have elapsed since the purchase agreement was entered into for the property and the permitting process began. And, neither the City nor the property owners have identified a specific solution for increasing off-site parking capacity in the immediate area. Therefore, the property owners have decided not to maximize the potential use of the property, but rather to redevelop it with uses that can be provided all of the required parking right on the property. The Zoning Code requires all projects downtown, within existing structures, to provide: 1) additional on-site parking spaces for any increased non-residential parking load over 4 spaces, and 2) on-site parking for all residential units.2 All three of the layout options of the proposed re- use plan satisfy the Zoning Code’s parking standards without the requirement for additional off- site parking. Scheme One. This option includes a craft distillery or micro-brewery, eight apartments and office space. This re-use plan increases the building’s current parking load by 0.6 spaces. This is less than the permitted load increase of four. So, only the residential parking spaces, fifteen of them, will be required on-site. Eight of these spaces need to be indoors, and all of these spaces meet the minimum size required for a full-sized space. (See details in the attached floorplan and spreadsheets.) a. The interior parking spaces will be 9.0’ wide by 18.0’ deep. So, these stalls satisfy the Zoning Code’s dimensional standard for a parking space. b. The drive aisle would be reduced to 20’ 4”. 1. “Driveways” for two-way traffic must be at least 24 feet wide. The driveway (outside) will meet this standard 2. “Aisles” must have an “adequate” width. The width is proposed to be 20’ 4”. For use by the general public, staff would not consider this to be adequate. But, since the garage will only be available to the residents, it is adequate. 3. The zoning code does not define either “driveway” or “aisle”. But the parking section of the code differentiates between the two. So, as with any other garage, 2 City Code Sec 31-510, Subd 1 (d)(4) Parking requirements for nonconforming structures or uses. [“Nonconforming” in this sense means that the property does not meet the minimum number of required parking spaces.] In the case of structures in any district, which are reconstructed, enlarged, structurally altered, changed in occupancy to a more intensive use category or otherwise increased in capacity, off-street parking shall be provided only for that portion of structures or use constituting the increase in capacity; except that no additional parking need be provided for nonresidential uses, if the increased capacity results in an increase of four or fewer off- street parking spaces. Historic Armory Page 4 staff considers the driving surface leading to the garage as a driveway. And the driving surface in the garage to be an aisle. Scheme Two. This scenario has a slightly larger distillery/micro-brewery presence in the garage, the same area for offices, but only seven apartments. This re-use plan dereases the building’s current parking load by 0.5 spaces and reduces the number of required residential parking spaces to thirteen, seven of which need to be indoors. Details for Scheme Two can be seen in the attached spreadsheets and floorplan. Scheme Three. This scenario eliminates the distillery, keeps the eight apartments, and increases the office space to 13,600 square feet. This re-use plan increases the parking load by 19.34 spaces. Fifteen of these spaces are for the apartments. The parking load for the non-residential uses increase by 4.34 spaces. Since the non-residential parking load is not increased more than the four spaces permitted, only the residential spaces are required to be provided. And, they will be. Staff finds that the City Code’s parking requirements are met for all three scenarios. Design Permit The Heritage Preservation Commission will need to review the project and approve a Design Permit. If the Council approves the CUP for this project, then the owners will invest the money in architectural plans necessary to complete the Design Permit application for HPC review. Therefore, a condition of CUP approval should be that before the CUP becomes effective, the HPC will have to approve the Design Permit. ALTERNATIVES The City Council has several available alternatives: 1. Approve the site review CUP for the large building project, with or without conditions. 2. Deny the Conditional Use Permit request. 3. Table the case for additional information. If either Alternative 1 or 2 are chosen, staff will bring a Resolution memorializing the decision to the March 19, 2019 City Council meeting. The statutory review deadline for this case is not until April 12, 2019. RECOMMENDATION Both the Planning Commission (4-1 vote) and city staff find the site review to meet the applicable City Code review standards and recommend approval with the following conditions: 1. Redevelopment of the site shall be in substantial conformance with one of the three re- development scenarios and the applicable plans below: a. Stillwater Armory Lower Level Plan, Scheme One dated 2.11.19 b. Stillwater Armory 2nd Floor Plan, Scheme One dated 2.11.19 c. Stillwater Armory Main Floor Plan, Scheme One dated 2.11.19 d. Stillwater Armory Lower Level Plan, Scheme Two dated 2.11.19 e. Stillwater Armory 2nd Floor Plan, Scheme Two dated 2.11.19 f. Stillwater Armory Main Floor Plan, Scheme Two dated 2.11.19 Historic Armory Page 5 g. Stillwater Armory Elevations dated 12.28.18 2. The non-residential parking load for the property shall not exceed 45.33 spaces. 3. The residential parking load for the property shall not exceed fifteen spaces. Fifteen on- site residential parking spaces must be provided, of which eight must be indoors and must meet the minimum standard sized parking space standard. 4. Before the site review Conditional Use Permit becomes effective, the Heritage Preservation Commission must review and approve a Design Permit. 5. All signage, if applicable, shall be reviewed and approved by the Heritage Preservation Commission. 6. Building and site plans will need to be approved by the city engineer, fire and building officials before the issuance of any building permits for the project. 7. All changes to the approved plans listed in Condition 1 above will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission or Heritage Preservation Commission for review and approval. Attachments: Floor layouts & elevations Spreadsheet: Parking Analysis, Scheme One Spreadsheet: Parking Analysis, Scheme Two Spreadsheet: Parking Analysis, Scheme Three bt Historic Armory Scheme One area in sf parking standard required parking A.Current parking load Gymnasium (and locker rooms/showers)9,003.50 1/ 2 BB players 5.00 Health club (basement work out room)637.00 1/100 sf 6.37 Offices (and meeting rooms)7,488.00 1/300 sf 24.96 Storage and repair shop 6,825.00 1/1,000 sf 6.83 sub-total 43.16 Reduction for multiple use building (2-4 uses) See "cooperative parking" Footnote 1 -5% 41.00 B.Proposed parking load Residential 8 units 1.5 spaces/unit + 1 space/3 units for guest parking. 1 space/unit must be indoors. 15.00 8 indoors Distillery tasting room 1,000 1 space/120 sf 8.33 production area 1,502 1 space/325 sf 4.62 storage 1,000 1 space/1,000 sf 1.00 (foyer and bathroom shared)550 NA distillery total 13.95 Office 4,450 1/300 sf office total 14.83 sub-total 43.79 Reduction for multiple use building (2-4 uses) See "cooperative parking" See Footnote 1 -5% 41.60 3/1/2019 Historic Armory Scheme One C.Change in parking load Difference between current and proposed load 0.60 Increase due to residential units 15.00 8 indoors Non-residential increase -14.40 D.Proposed parking for project Non-residential uses. The project is required to provide new on- site spaces for the increased non-residential parking load (City Code Sec 31-510, Subd 1 (d)(4)), but no new on-site spaces are required if the increase is four our fewer spaces. See Footnote 2 Since the non-residential parking load decreased by 14.11 spaces, no additional non-residential spaces are required. 0 Residential uses. City Code Sec 31-510, Subd 1 (d)(4) does not apply to new residential units. All new residential units must provide their parking on the property. See Footnote 2 8 units 1.5 spaces/unit + 1 space/3 units for guest parking. 1 space/unit must be indoors. 15 total; 8 indoors Footnote 1 Cooperative parking facilities. The requirements for the provisions of parking facilities, with respect to two more property uses of the same or different types, may be satisfied by the permanent allocation of the required number of spaces for each use in a common parking facility, located within 300 feet of all such participating property uses and cooperatively established and operated. In the case of a cooperative parking facility which is designed to satisfy the parking requirements of: i. From two to four independent property uses, a reduction of not more than five percent of the total number of required spaces shall be allowed. ii. From five to seven independent property uses, a reduction of not more than ten percent of the total number of required spaces shall be allowed. iii. Eight or more independent property uses, a reduction of not more than 20 percent of the total number of required spaces shall be allowed. Footnote 2 Parking requirements for nonconforming structures or uses. In the case of structures in any district, which are reconstructed, enlarged, structurally altered, changed in occupancy to a more intensive use category or otherwise increased in capacity, off- street parking shall be provided only for that portion of structures or use constituting the increase in capacity; except that no additional parking need be provided for nonresidential uses, if the increased capacity results in an increase of four or fewer off-street parking spaces. 3/1/2019 Parking Analysis Historic Armory Property Scheme Two area in sf parking standard required parking A.Current parking load Gymnasium (and locker rooms/showers)9,003.50 1/ 2 BB players 5.00 Health club (basement work out room)637.00 1/100 sf 6.37 Offices (and meeting rooms)7,488.00 1/300 sf 24.96 Storage and repair shop 6,825.00 1/1,000 sf 6.83 sub-total 43.16 Reduction for multiple use building (2-4 uses) See "cooperative parking" Footnote 1 -5% 41.00 B.Proposed parking load Residential 7 units 1.5 spaces/unit + 1 space/3 units for guest parking. 1 space/unit must be indoors. 13.00 7 indoors Distillery tasting room 1,000 1 space/120 sf 8.33 production area 1,772 1 space/325 sf 5.45 storage 1,000 1 space/1,000 sf 1.00 (foyer and bathroom shared)550 NA distillery total 14.79 Office 4,450 1/300 sf office total 14.83 sub-total 42.62 Reduction for multiple use building (2-4 uses) See "cooperative parking" See Footnote 1 -5% 40.49 3/1/2019 Parking Analysis Historic Armory Property Scheme Two C.Change in parking load Difference between current and proposed load -0.51 Increase due to residential units 13.00 7 indoors Non-residential increase -13.51 D.Proposed parking for project Non-residential uses. The project is required to provide new on- site spaces for the increased non-residential parking load (City Code Sec 31-510, Subd 1 (d)(4)), but no new on-site spaces are required if the increase is four our fewer spaces. See Footnote 2 Since the non-residential parking load decreased by 14.11 spaces, no additional non-residential spaces are required. 0 Residential uses. City Code Sec 31-510, Subd 1 (d)(4) does not apply to new residential units. All new residential units must provide their parking on the property. See Footnote 2 7 units 1.5 spaces/unit + 1 space/3 units for guest parking. 1 space/unit must be indoors. 13 total; 7 indoors Footnote 1 Cooperative parking facilities. The requirements for the provisions of parking facilities, with respect to two more property uses of the same or different types, may be satisfied by the permanent allocation of the required number of spaces for each use in a common parking facility, located within 300 feet of all such participating property uses and cooperatively established and operated. In the case of a cooperative parking facility which is designed to satisfy the parking requirements of: i. From two to four independent property uses, a reduction of not more than five percent of the total number of required spaces shall be allowed. ii. From five to seven independent property uses, a reduction of not more than ten percent of the total number of required spaces shall be allowed. iii. Eight or more independent property uses, a reduction of not more than 20 percent of the total number of required spaces shall be allowed. Footnote 2 Parking requirements for nonconforming structures or uses. In the case of structures in any district, which are reconstructed, enlarged, structurally altered, changed in occupancy to a more intensive use category or otherwise increased in capacity, off- street parking shall be provided only for that portion of structures or use constituting the increase in capacity; except that no additional parking need be provided for nonresidential uses, if the increased capacity results in an increase of four or fewer off-street parking spaces. 3/1/2019 Historic Aromory Scheme Three area in sf parking standard required parking A.Current parking load Gymnasium (and locker rooms/showers)9,003.50 1/ 2 BB players 5.00 Health club (basement work out room)637.00 1/100 sf 6.37 Offices (and meeting rooms)7,488.00 1/300 sf 24.96 Storage and repair shop 6,825.00 1/1,000 sf 6.83 sub-total 43.16 Reduction for multiple use building (2-4 uses) See "cooperative parking" Footnote 1 -5% 41.00 B.Proposed parking load Residential 8 units 1.5 spaces/unit + 1 space/3 units for guest parking. 1 space/unit must be indoors. 15.00 8 indoors Office 13,600 1/300 sf 45.33 sub-total 60.33 C.Change in parking load Difference between current and proposed load 19.34 Increase due to residential units 15.00 8 indoors Non-residential increase 4.34 3/1/2019 Historic Aromory Scheme Three D.Proposed parking for project Non-residential uses . The project is required to provide new on- site spaces for the increased non-residential parking load (City Code Sec 31-510, Subd 1 (d)(4)), but no new on-site spaces are required if the increase is four our fewer spaces. See Footnote 2 Since the non-residential parking load increased by 4 or fewer spaces (any fraction of a space less than half is rounded down), no additional non- residential spaces are required. 0 Residential uses . City Code Sec 31-510, Subd 1 (d)(4) does not apply to new residential units. All new residential units must provide their parking on the property. See Footnote 2 8 units 1.5 spaces/unit + 1 space/3 units for guest parking. 1 space/unit must be indoors. 15 total; 8 indoors Footnote 1 Cooperative parking facilities. The requirements for the provisions of parking facilities, with respect to two more property uses of the same or different types, may be satisfied by the permanent allocation of the required number of spaces for each use in a common parking facility, located within 300 feet of all such participating property uses and cooperatively established and operated. In the case of a cooperative parking facility which is designed to satisfy the parking requirements of: i. From two to four independent property uses, a reduction of not more than five percent of the total number of required spaces shall be allowed. ii. From five to seven independent property uses, a reduction of not more than ten percent of the total number of required spaces shall be allowed. iii. Eight or more independent property uses, a reduction of not more than 20 percent of the total number of required spaces shall be allowed. Footnote 2 Parking requirements for nonconforming structures or uses. In the case of structures in any district, which are reconstructed, enlarged, structurally altered, changed in occupancy to a more intensive use category or otherwise increased in capacity, off- street parking shall be provided only for that portion of structures or use constituting the increase in capacity; except that no additional parking need be provided for nonresidential uses, if the increased capacity results in an increase of four or fewer off- street parking spaces. 3/1/2019 To: Mayor & City Council From: Beth Wolf, City Clerk Date: February 26, 2019 Re: 2019 Cruisin’ on the Croix Event Attached is the application and contract for the 2019 Cruisin ’on the Croix car show event. The proposed vintage and hot rod car show would be held from 3 p.m. to 8 p.m. on every other Wednesday evening from June 12 to September 18 for a total of 8 dates. The event will not take place the week of July 4th nor the week of Lumberjack Days. On the event application the Organizer requested to use parking lots 4, 5, 8b, 9, 10 and 11 – a total of 234 spaces. Downtown Parking Commission reviewed the request at their February 21st meeting and recommends the use of parking lots 4 (using only part of lot during construction then the whole lot when complete), 5, 9 and 11 – a total of 111 spaces. The organizer would like to appeal the Downtown Parking recommendation and request to use parking lots 9 and 11, and instead of lot 4 and 5, they would like to use part of 8b (53 spaces) adjacent to trail – a total 128 of spaces. The Event Organizer shall be charged for city services, materials rendered and parking spaces used according to the 2019 fee schedule and payment shall be received by the City no later than three (3) weeks before the Event - May 22, 2019. ACTION REQUIRED: Consideration of the Downtown Parking Commission’s recommendation and the Organizer’s appeal. If Council wishes to approve the event, they should pass a motion approving the 2019 Cruisin’ on the Croix Event and specify which parking lots/spaces are approved for the event which shall be revised on contract. CRUISIN’ ON THE CROIX 2019 CAR SHOW EVENT THIS AGREEMENT between the City of Stillwater, Washington County, Minnesota (“City”), in conjunction with the 2019 Stillwater Cruisin’ on the St. Croix Car Show part of a community wide celebration of the City (the “Event”); and Crusin on the Croix, 225 Main Street N, Stillwater, MN 55082, Nonprofit Corporation (Domestic) (“Organizer”). 1. Car Show. The City has encouraged this hot rod and vintage car show in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. The Organizer will not make substantial changes in the layout/format/duration of the Event at any time without advanced notice to the City. 2. Dates and Hours of 2019 Event. Operations are limited as follows: Event Dates: Wednesday June 12 & 26, July 10 & 24, August 7 & 21, September 4 & 18 Set-up time on event dates: 6 a.m. to 1 p.m. Event hours on event dates: 3 p.m. to 8 p.m. Clean-up on event dates: 8 p.m. to 9 p.m. 3. Event/Alcohol. No alcohol will be served during this Event and no other alcohol or coolers are allowed. No alcohol may be consumed or served on the back patio of Maple Island Brewery as that portion is not part of the licensed premises of Maple Island Brewery. 4. Signs. The Organization will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the parking lots. 5. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 6. Police Power. The City reserves the right to order a shutdown of the Area in the Event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. In that Event, the Organization must assist the police in the clearing of the Area. 7. Use of Parking Lots. The Organizer is aware and will inform all vendors and event participants that staking into the asphalt, etc. is not allowed (any damage repair will be paid for by the organizer). The Organizer agrees to pay for the use of parking lot spaces as determined by the Downtown Parking Commission and City Council. No on- street parking to be used. The Event is given use of the following parking lots/spaces: Parking Lots: 8. City Costs. The Organizer will prepay the City for the estimated costs of the Stillwater 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 Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing shall be received by the City no later three (3) weeks before the Event. Failure to make the payment will result in the cancellation of the Event. In the event of a cancellation of this Event after the deposit is made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 9. Park Property. The Organizer shall ensure that no vehicles drive on the City’s park property. In the event that damages occur to the City’s property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works toilets to augment the existing facilities, barricades for parking lot closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security and supervision for the restrooms. If the Event Organizer does not have the work force to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer’s intent on maintaining the City restrooms. Barricade/Reserved Sign Placement. The Organizer will arrange with the Stillwater Police Department, prior to each event, for placement of the Reserved Parking Signs in parking lots (if needed) and shall place reflective standard barricades no later than 6:00 a.m. on Event Dates at the approved parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure or parking spaces reserved for the Event. 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. Electricity and Water. Each electrical box needed for the Event will be opened by the City on the Event Dates. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. The City shall provide the Organizer a key for the water shut off valve (if needed). The Organizer shall provide a $50 deposit for such key and will be reimbursed upon return of said key. Cleanup/Removal. Organizer shall remove all barricades by 10:00 p.m. the day of each event. Organizer shall remove trash, additional trash enclosures no later than 10:00 a.m. the next day following each Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 12. Vendors. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. The Organizer agrees that the Stillwater Fire Department and Washington County Department of Health and Environment will inspect any vendor using cooking facilities for safety. The Event Organizer agrees to pay directly to the agency/person doing the inspection for inspection costs (if any). The Organizer agrees to ensure that all vendors wastewater be discharged into a holding tank approved by Washington County Department of Health and Environment. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City’s Sanitary or Storm Systems. 13. Insurance, Hold Harmless, and Indemnity. The Event 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, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Event Organizer also agrees to provide to the City evidence of insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Festival that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy “as their interest may appear.” Insurance Certificate must be received by the City no later than three (3) weeks before the Event. 14. 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 this 5th day of March 2019. 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 _______________, 2019 by Ted Kozlowski, Mayor and Beth Wolf, Clerk, for the City of Stillwater. Notary Public CRUSIN’ ON THE CROIX By Frank Fabio, President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ________________ 2019, by Frank Fabio, President, the duly authorized agent for CRUSIN’ ON THE CROIX. Notary Public Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up D [&) QTY: 15, Size: 2'x3' (located on Water No Yes Number and size: Street Inn's (WSI) fence) Will there be any inflatables? No I&] Yes D Insurance certificate from rental vendor is required Will there be entertainment? [&) What type: Live music on MIB's patio Fees for electricity may No D Yes & DJ on corner near WSI apply see Instructions 5PM-8PM Will sound amplification be used? No D Yes [&) Hours and Type: Will a stage or tent(s) be set up? No D Yes [&) Two 10x10 tents to meet cars (near WSI & Dimensions: MIB) Will there be temporary fencing? No I&] Yes D Will merchandise/food items be sold? How many Yes in lot 9 (food tr Fees for electricity moy No D Yes [&) vendors expected : uck) apply see Instructions Will food be prepared on site? No D Yes [&) Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No D Yes [&) Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No [&) Yes D See Alcohol Regulations in the Instructions Will alcohol be sold? No [&) Yes D See Alcohol Regulations in the Instructions Will there be a fireworks display? No I&! Yes D Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of fower source. Power box located on southend of Lot . Describe level of advertisement Re, rad io, flErs, ads, tv, press release). Attach sample if available Press release, social media and yer (see xhibit C with sponsor logos) City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. Looking at LOTS: 10, 11, 9,88,5,4 City Streets or Right-of-way No jg) Yes D Start/End Time: Date: City Sidewalks or Trails No [&) Yes D Start/End Time: Date: Public Parking Lots or Spaces No D Yes ~ Start/End Time: 5 AM -BPM Date: Will event need barricade(s)? No 181 Yes D Number needed: MIB has own Fees may apply see Instructions Will extra picnic tables be needed? No [&) Yes D Number needed: Fees may apply see Instructions Will portable restrooms be needed? No 181 Yes D Number needed: Fees may apply see Instructions Will extra trash receptacles be needed? No !&I Yes D Number needed: Fees may apply see Instructions Describe trash removal and cleanup plan during and after event: Trash will be monitored throughout event and taken care of on an as-needed basis. Cleanup will occur after event concludes. Will event need traffic control? No 181 Yes D Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Crowd will be monitored and on- site volunteers will provide necessary control. Additionally, volunteers who meet vehicles as they enter car show will provide co ntrol and guidance to all guests entering and vacating. Will "No Parking Signs" be needed? No I&) Yes D Number needed: Fees may apply see Instructions Show location(s) on site map Will event need security? No igJ Yes D If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: N/A Will event need EMS services? No !Kl Yes D Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: First Aid Kits will be on-site at 1 Ox1 O tent staffed with volunteers. Describe the emergency action plan if severe weather should arise: Cancel event and direct guests to MIB and FFC offices. List any other pertine nt information: No merchandise will be sold. Food vendor will not need grey water barrel. Dates we are looking at for car show: June 12, June 26, July 10, July 24, August 7, August 21, September 4, September 18 -every other Wednesdays starting June 12 - September 18. The sponsor( s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities cover,ing claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Sti/lwote, ~':_as~ ___ J .... &1...,/_..l_q'-+-L ..... f .... g _______ _ Signature of App~horizedAgent Date INTEROFFICE MEMORANDUM TO: MAYOR AND CITY COUNCIL MEMBERS FROM: CHIEF JOHN GANNAWAY SUBJECT: STATE OF EMERGENCY RESOLUTION DATE: FEBRUARY 25, 2019 CC: CITY ADMINISTRATOR MCCARTY; CITY ENGINEER SANDERS; FIRE CHIEF GLASER City Staff is requesting that you approve a resolution for the declaration of a State of Emergency in anticipation of the probability of the St. Croix River flooding this upcoming spring. The National Weather Service is predicting that the St. Croix River has a 50-75% chance of reaching moderate flood stage (688’), and a 25-50% chance of major flood stage (689’) in the beginning of April. These predictions will have a significant impact on downtown parks and infrastructure. There is also a chance that these predictions will be low, and that the river could flood at even higher levels. Prior approval gives staff the ability to make decisions and acquisitions for flood-related situations. RESOLUTION DECLARING A STATE OF EMERGENCY WHEREAS a major flood event is predicted to impact the population of the City of Stillwater; and WHEREAS the flooding event can cause a significant amount of damage to both public and private property damage; and WHEREAS the Mayor of the City of Stillwater requests the Stillwater City Council to declare the City of Stillwater in a STATE OF EMERGENCY for the flooding event of 2019; NOW, THEREFORE, BE IT RESOLVED, that the Stillwater City Council declares the City of Stillwater in a State of Emergency for conditions resulting from the major flood event of 2019. BE IT FURTHER RESOLVED that this State of Emergency will remain in effect until the emergency status no longer requires emergency response and recovery efforts. Adopted by the City of Stillwater City Council this 5th day of March 2019. ________________________________ Ted Kozlowski, Mayor ATTEST: I, Beth Wolf, City Clerk, hereby attest that the foregoing resolution was duly adopted by the Stillwater City Council this 5th day of March 2019. ____________________________________________ Beth Wolf, City Clerk TO: FROM: DATE: RE: MEMORANDUM Mayor and City Council (.<...ile;bar Abdullah, Assistant City Engineer March 1, 2019 Feasibility Study for the 2019 Street Improvement Project Project No. 2019-02 INTRODUCTION In November of 2018, council authorized a feasibility study for the 2019 Street Improvement Project. The streets selected in the study were based on a pavement management study in 2013 that gave a condition index to guide us on type of work that should be performed. Streets included in this study for 2019 include: 2nd Street N (Laurel St. E to Wilkins St E) 4th Street N (Laurel St. E to Wilkins St E) Oak St W(Sherbume St. S to S Holcombe St) Sherburne St N (Pine St W to Myrtle St W) William St S (Pine St W to Oak St W) Martha St S (Pine St W to Olive St W) Country Side Ct Northland Ave. (Croixwood to Sunrise Ave.) Hidden Valley Ct Hidden Valley Ln Hillside Ln Parkwood Ln Sunrise Ave Sunrise Ct Evergreen Ct Knollwood Ct Broadway St S (North of 6th Ave S) 6th Ave S (Churchill St E to Broadway St S) Willard St E (Broadway St S to Locus St E) (Triangle Park) Locus St E (Broadway St S to Willard St E) Walnut St E (2°d St S to Broadway St S) Northland Ave, and 4th St, were included in the study, and were taken out due to the budget. In all, there are 4.1 miles of streets proposed for improvements, 2.8 miles of mill and overlay and 1.3 miles of pavement reconstruction. EXISTING CONDITIONS: Oak Street Neighborhood: The Oak Street neighborhood consists of Oak St W (Sherburne St. S to S Holcombe St), Sherburne St N (Pine St W to Myrtle St W), William St S (Pine St W to Oak St W), and Martha St S (Pine St W to Olive St W). Streets proposed for reconstruction are approaching 50 years old. Streets were constructed with width varying between 26 feet to 32 feet and were constructed with storm sewer and some bituminous curb. There does not appear to have been any type of improvement on these streets since that time other than routine preventative maintenance of seal coats. There are signs of alligator cracking and other pavement failures. Previous plans show that the pavement thickness is 3.5" which is less than the current typical standard of 4.0 inches. Soil borings do show there is an adequate aggregate thickness of at least six inches. Oak, Martha and William streets have sidewalk on both sides of the streets, Sherburne Street and Oak Street west of William Street has no sidewalk on either side of the street. Some sections of the sidewalk is damaged and would need to be replaces. The Water Board indicated that some of the properties in the neighborhood still have galvanized water services that were installed originally and these services would be replaced with copper services. Croixwood Area: The study area include the streets south of Croixwood and east of Northland Avenue, these streets were originally constructed in the early 1970's.The streets in the Croixwood neighborhood varies in widthfrom 31.5 ft, to 34.5 ft and they are approaching 45-50 years in age. The streets were last improved in 1994 and 1995, by milling and overlay of the top 1.5" to 2.0". These streets were constructed with adequate pavement section to support traffic for residential areas. The pavement is showing signs of deterioration in the surface, but still has adequate structural strength. Sidewalks are in fair condition but the pedestrian ramps are not to current ADA standards. The storm sewer system is in good shape, however catch basins are not. Broadway St. Area Broadway Street area includes Broadway St S (North of 6th Ave S), 6th Ave S (Churchill St E to Broadway St S), Willard St E (around the Triangle Park), Locust St E (west of Broadway St S) Walnut St E (2nd St S to Broadway St S). There is not much information of when Broadway was constructed, the street width is 36 feet and has stone curb and gutter, we do know that sanitary sewer was installed in 1915 and in 1972-1973 water main was put in on Broadway north of Pine and storm sewer was installed from Churchill to Willard. There are no records of when the stone curb was installed or when the street was paved. The City did repair/replace some parts of the sanitary sewer main in 2004 south of Pine to about Locust, and patched the road accordingly. Locust Street is a 12 ft narrow gravel surfaced road that serves few properties of Broadway Street. Walnut Street is 30 ft wide Street with bituminous pavement and curbs, the pavement is showing signs of alligator cracking. Broadway Street to Pine St. and 6th Ave. are designated State Aid Streets. Second Street North Second Street is 32ft wide, the city records show the last improvement to 2nd Street was done in 1973, a new 3" layer of pavement was added to the street, the street has stone curb and some bituminous pavement, the street has sidewalk on the east side and some sections of the sidewalk is damaged and should be to be replaced. Second Street is designated as Municipal State Aid Street. PROPOSED PROJECT Street Reconstruction It is proposed that the streets in the Oak Street neighborhood, North Second Street and Walnut Street, be reconstructed and have new concrete curb and gutter. The pavement would be removed and the base graded, compacted and tested for any bad areas or soft spots. Deteriorated catch basins, sidewalk sections and manholes would be repaired or replaced. A new sidewalk is proposed for the north side of Oak Street between William and Greeley Street. There are 25 galvanized water services in this area that are scheduled to be replaced. New copper service will be installed from the main to the curb stop at the property line. The gravel streets of Locust and Willard in the Broadway Street Neighborhood would have the gravel surface graded and have three inches of bituminous installed. Willard Street would get concrete curb and gutter on the west side of the street Mill and Overlay Croixwood area Streets in Croixwood area would have the top 1.5-inches of bituminous surface milled and overlaid with 1.5-inches of bituminous. Bad sections of curb and gutter and sidewalks will be replaced along with all intersection pedestrian ramps in order to meet ADA requirements. Broadway St. S Area Broadway Street and 61h A venue are designated as State Aid Streets in looking at options for street improvements we have considered mill and overlay or reconstruction of the entire Broadway and Sixth Avenue. These options were discussed at the neighborhood meeting in 2018, a survey was conducted requesting information about the type of improvements to Broadway. The neighborhood would prefer taking into consideration the existing stone curbs and trees in the boulevard. In general, any of these options would have sidewalks repaired, pedestrian ramps installed at intersections, and a new sidewalk will be added on the east side of that segment of Sixth A venue between Churchill and Willard Street. Taking into consideration the pavement section and the request for keeping the stone curb and the trees in the Boulevard, it was decided that 1.5" will be milled and a new layer of pavement will be added to the full width of the street with better defined crown in the center of the road to improve storm drainage in the area. Some portions of stone curb will be removed and replaced with concrete curb, sections of damaged side walk will be removed and replaced, along with all intersection pedestrian ramps in order to meet ADA requirements. Also, a new sidewalk will be added along the west side of Broadway St. along Triangle Park and east side of Sixth St. between Broadway and Churchill St. PROJECT COST AND FINANCING The total estimated cost of the project is $2,143,427.95. Including design, surveying, inspection, administration, and contingencies. Cost of the project would be funded through three sources, assessments, permanent improvement bond and State Aid funds. Pavement reconstruction -$1,378,857.80 According to the City Assessment Policy, street reconstruction projects are assessed 70% to the benefitting property owner and 30% from City funds. State Aid Roads are assessed at 50% to the property owner. It is proposed that all properties be assessed by the unit method. Comer lots are assessed 1/2 unit per side improved. There is one commercial property in the project area that would be assessed by the lineal foot. Reconstructed street with sidewalks The cost to construct Oak Street between Holcomb and William Street, Martha Street and Williams Street is $553,351.42. Properties would be assessed at 70% and by the unit method. The preliminary assessment amount for these units is $10,992 per unit. The lineal foot rate for the commercial property is $122.35 North Second Street 2nd Street is designated State Aid Street, properties on this street would be assessed at 50%. The cost of reconstruction is $388,324.70, properties would be assessed by the unit method at a rate of $9,194.00 per unit. Reconstructed Street without sidewalks The cost ofreconstructing Walnut Street, Sherburne Street, and Oak Street Between Greeley and Sherburne is estimated at $281,974.68 .. Properties would be assessed by the unit method. The preliminary assessment amount for these units is $9,752 per unit. Willard St. (Triangle Park). The estimated cost for this street is $37,303.50, Properties would be assessed by the unit method. The preliminary assessment amount for these units is $3,730.35 per unit. The total cost of Locust Street is estimated to be $7,586.80, properties would be assessed by the unit method. The preliminary assessment amount for these units is $2691. 78 per unit. Mill and Overlay -Estimated Cost: $764,674.15 According to the City Assessment Policy, mill and overlay project are assessed 80% to the benefitting property owner and 20% from City funds. Mill and overlay for State Aid Streets are assessed at 50%. Streets in the Croixwood Area, and that section of Broadway north of Pine Street would be assessed by the unit method. The preliminary assessment amount is $2,809.34 per unit. Broadway Street and 61h A venue are designated State Aid Street Properties on this street would be assessed 50%., properties would be assessed by the unit method. The preliminary assessment amount for these units is $3,048.00 per unit. Water Service Replacement Replacement of galvanized water services would be assessed 100% to the benefitting property owner. The property owners with the galvanized services would pay for the cost of the water service replacement. The table page shows a breakdown of the project costs and the preliminary assessment rates: A summary of proposed costs and assessments are shown below: Cost assessment Rate Unit LF Assessed Cost Assessment Assessment City Cost Residential With Sidewalk (Oak, Marth, $ 553,351.42 70% $ 10,992.00 $ 387,346.00 $ 166,005.42 and William streets) Residential W/0 sidewalk (Sherburne, $ 281,974 .68 70% $ 9,752.00 $ 197,382.27 $ 84,592.40 and Walnut streets) Commercial property $ 30,587.70 $ 122.35 $ 30,587.70 Water services $ 79,625.00 100% $3,185 $ 79,625.00 Residential Mill & Overlay Croixwood area $ 531,130.46 80% $ 2,809.34 $ 424,904.37 $ 106,226.09 and Broadway North of Pine St Locus St. $ 7,690.80 70% $ 2,691.78 $ 5,383 .56 $ 2,307.24 Triangle Park $ 37,303.50 50% $ 3,730.35 $ 9,325.87 $ 27,977 .63 SAP 169-106-008 2nd. St. from Laurel Ave. $ 388,324.70 50% $ 9,194.00 $ 138.34 $ 110,327.35 $ 277,997.35 to Wilkins St SAP 169-101-002 6th street and Broadway $ 233,543.69 50% $ 3,048.00 $ 68.55 $ 105,187 .18 $ 128,356.48 from Churchill St to Pine St TOTAL $ 2,143,531.95 $ 1,350,069.30 $ 793,462.61 $ 1,612,401.49 PROPOSED PROJECT TIMELINE November 6, 2018 March 5, 2019 April 2, 2019 April 16, 2019 May 16, 2019 May 21, 2019 June-Oct October RECOMMENDATION Authorize Feasibility Study Presentation of Feasibility Study Public Hearing/Order Improvement Approve Plans and Specs/ Authorize bids Bid Opining Award Contract Construct Assessment Hearing Since the project is feasible from an engineering standpoint and the project is cost effective, it is recommended that Council accept the feasibility report for the 2019 Street Improvement Project and order a public hearing to be held on April 2, 2019 at 7:00 PM. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion adopting Resolution No. 2019-_, RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2019 STREET IMPROVEMENT PROJECT (PROJECT 2019-02) OJECT 2019-02) RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2019 STREET IMPROVEMENT PROJECT PROJECT 2019-02 WHEREAS, pursuant to resolution of the Council adopted November 13, 2018, a report has been prepared by the City Engineer with reference to the 2019 Street Improvement Project; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The Council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $2,140,424.95. 2. A public hearing shall be held on such proposed improvement on the 2nd day of April 2019, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of Stillwater this 5th day of March 2019 . Ted Kozlowski, Mayor ATTEST:----------- Beth Wolf, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: February 25, 2019 SUBJECT: 2019 Sidewalk Rehabilitation Project Project 2019-06 DISCUSSION: It is proposed to have a sidewalk rehabilitation project in 2019. A project was approved in 2018 but staff felt the bid received was too high and did not proceed with a project. Sidewalk replacements are paid 50% from City funds and 50% from assessments to the adjacent property owner. Sidewalks to be included in the project are those that are severely cracked, heaved, settled, or misaligned, such that they may cause people to trip. We will focus on areas in the downtown area not included in this year’s street project and in the North Hill area. In order to proceed with the project this year, the first step is for Council to authorize staff to prepare a feasibility report. RECOMMENDATION: It is recommended that Council consider a sidewalk rehabilitation project for 2019 and authorize staff to prepare a feasibility report. ACTION REQUIRED: If Council concurs with the recommendation they should pass a motion approving RESOLUTION 2019-_____ RESOLUTION ORDERING PREPARATION OF REPORT FOR THE 2019 SIDEWALK REHABILITATION PROJECT (PROJECT 2019-06). RESOLUTION ORDERING PREPARATION OF REPORT FOR THE 2019 SIDEWALK REHABILITATION PROJECT (PROJECT 2019-06) BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 5th day of March 2019. ___________________________________ Ted Kozlowski, Mayor ATTEST: ____________________________ Beth Wolf, City Clerk 7 . 9:35 8. Commissioner Reports -Comments -Questions This period of lime ,\·hall he used hy the Commis.,·ioners 10 report lo 1hef11/I Board on commilfee activities, make comments on maller.f o,(inlerest and in.formation, or rai.,·e questions to the ,\'lqff. This action is not intended to result in .fuhstanUve board action during this time Any aclion neces.rnlJ' becuu.'te cf disc11.1·.1·ion will he schedu/edfvr aji,fllre hoard meeting. Board Correspondence 9. 9:55 Adjourn 10. 10:00-10:40 Board Workshops with Public Works -Nathan Arnold, Engineer II (item IO.A.); Jan Lucke, Planning Director (item 1 O.B.) A. Update on County State Aid Highway (CSAH) 15 (Manning Avenue) and CSAH 14 realignment project and Memorandum of Agreement between the Metropolitan Airports Commission (MAC) and Washington County B. Gold Line Bus Rapid Transit (BRT) project cost and scope 11. 10:45-11:15 Board Workshop with Administration -Kevin Corbid, Deputy County Administrator A. Review county legislative issues 12. 11 :20 Personnel Committee Assistlve listening devices are available far use in the County Board Room if you need assistance due to disability or language barrier, please call (651/ 430-6000 EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER Stillwater Town Board Mtg. -2/14/19 Page 2 M/S/P McMahon/Sinclair moved to authorize the Planner to send out her proposed letter to the City of Stillwater regarding their Comprehensive Plan. ( 4 ayes) b. Fee Schedule -Planner Clapp-Smith reviewed the proposed fee schedule for 2019 which includes the following changes: • The addition an item for lot line adjustment. • Remove the separate fee for buckthorn burning. • Increase the fee for a peddler's license. • Change the dog licensing schedule. M/S/P McMahon/Haines moved to adopt the proposed 2019 Fee Schedule. ( 4 ayes) (Rod Hunter arrived) c. Tiny House -There had been a complaint about a tiny house (or trailer house) which looks like a second residence on a parcel. The Planner will write to the homeowner to explain and ask them to call her to discuss their options. d. Lot Line Adjustment -An application for a lot line adjustment has been received and is expected to come to the Board shortly. e. Raleigh Mine AOP Review -The Raleigh Annual Operating Permit will come before the Board at the March meeting. There was discussion of Sheila-Marie Untiedt and Rod Hunter along with the Planner meeting with the Raleighs before the meeting. 5. CHIEF OF POLICE - a. Report given. There were 11 burning permits, two for buckthorn. We finished the year with 91 burning permits. b. Animal Con t rol -One dog was impounded in December. After negotiating with the owner (a Marine on St. Croix resident) the fee was paid. No dogs were impounded in January. Chief Steve Nelson had his dog trailer repaired. c. Monthly Calls -There were a total of 47 complaints for the month of December and there were 795 calls for the year. There were 35 calls in January. d. Dead Trees on 94th Street -The owner has removed these trees which were not on our right-of-way. 6. CLERK - a. Town Hall Door -The alarm has been going off frequently due to the incomplete closure of the Town Hall door. This will be repaired after it warms up. b. Liab i lity Waiver Form -M/S/P McMahon/Hunter moved to authorize the Chair to sign the Liability Waiver Form that the Township does not waive the monetary limits on municipal tort liability. (5 ayes) c. Annual Meeti ng Agenda -Tim Sinclair agreed to give a brief presentation on what the Planning Commission has done this past year. 7. PARK COMMITTEE -Bonnie Haines gave a report on the last Park Committee meeting. 8. ADJOURNMENT -The meeting was adjourned at 9:00 p.m. Stillwater Town Board Mtg. -2/14/19 Page 3 Clerk. __________________ _ Chairperson. ________________ _ Approved. _________________ _