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2019-05-07 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING May 7, 2019 REGULAR MEETING 4:30 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Property Lease Proceeds Designation (Resolution) 2. July 4th Celebration (Resolution) 3. St. Croix River Lift & Loop Celebration Update 4. Tour of City Hall IV. STAFF REPORTS 5. 2019 Flood Update 6. Police Chief 7. Fire Chief 8. City Clerk 9. Community Development Director – HPC Membership Update HPC Enabling & Demolition Ordinance Update Minar Neighborhood Moratorium Update 10. Public Works Dir. 11. Finance Director 12. City Attorney 13. 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 14. Presentation of Council Service Awards to Aimee Pelletier (Downtown Parking Commission), Robert Goodman, Angie Hadrits & Elizabeth Welty (Heritage Preservation Commission), Claire Sand (Human Rights Commission), Bill McGlynn and Rob McGarry (Parks & Recreation Commission), Jenna Fletcher and Anne Siess (Planning Commission) 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. 15. GreenStep Cities Update 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. 16. April 16, 2019 special and regular meeting minutes 17. Payment of Bills 18. Retail Fireworks Permit for Target and Cub Foods 19. Norman Quacks New Liquor License 20. Knights of Columbus Temporary Liquor License 21. Stillwater Dog Park Water Service 22. 2019 Hardcourt Reconstruction Project 23. Stillwater Country Club Drainage Improvement Project Cooperative Agreement 24. East Metro Public Safety Training Facility Agreement 25. Sanitary Sewer Adjustments XII. PUBLIC HEARINGS – Out of respect for others in attendance, please limit your comments to 10 minutes or less. 26. CPC Case No. 2019‐05 to consider amending the Short Term Home Rental Ordinance. The purpose of the amendment is to clarify existing language and to make minor procedural changes. Notice was published in the Stillwater Gazette on Friday, March 15, 2019. (Ordinance 1st Reading) 27. Project 2019‐06 to consider the 2019 Sidewalk Rehabilitation Project. Notices was mailed to affected property owners and published in the Stillwater Gazette on April 19 and 26, 2019. Order improvement and prepare plans and specifications. (Resolution) 28. CPC Case No. 2019‐17 to consider Ordinance Amendment repealing City Code Section 32‐1, Subdivision, Subd. 10, Forms. Notice was published in the Stillwater Gazette on Friday, April 26, 2019. (Ordinance 1st Reading) 29. 2040 Comprehensive Plan to review comments assembled during the 6 month jurisdictional review period and to adopt the Plan. Notice was published in the Stillwater Gazette on Friday, April 26, 2019. (Resolution) XIII. UNFINISHED BUSINESS 30. Ordinance amending City Code Section 33‐5: Minimum Standards for Construction and Reconstruction of Driveways. (Ordinance 2nd Reading) XIV. NEW BUSINESS 31. 2019 Sidewalk Rehabiliation Project ‐ approve plans & specs and authorize advertisement of bids (Resolution) 32. Annual Boards and Commissions Appointments 33. St. Croix Crossing Half Marathon Event 34. Parking Restriction on 2nd Street N (Resolution) XV. COUNCIL REQUEST ITEMS XVI. CONVENE TO A CLOSED SESSION pursuant to Minn. Stat. §13D.05, subd. 3(b) to discuss attorney‐ client privileged communication regarding 121 Chestnut Street E. XVII. ADJOURN 2019 Sidewalk Rehabilitation Project Project purposeRehabilitate sidewalks that are severely cracked, heaved, settled, or misaligned, Main focus in the downtown area. Sidewalk locations Project SummaryProperties involved: 50Sidewalk replacement Area: 4500 S.F.Replacement ranges from 9 SF to 560 SF.Total estimated cost: $86,767 Project Cost and Financing Total estimated cost: $86,767◦Assess 50% of cost or $43,383.50◦Assessed cost: $8.85 per square foot Project TimelineFeasibility Study April 16th2019Public Hearing May 7, 2019Approve plans May 7, 2019•Begin Construction June 2019•Assessment Hearing October 2019 RECOMMENDATIONPROJECT IS TECHNICALLY AND FINANCIALLY FEASIBLE. CONDUCT PUBLIC HEARING AND ORDER THE IMPROVEMENT. Page 1 LIST OF BILLS Advance Auto Parts Auto ma int supplies 527.81 AdvantageHealth Corp Biometrics & health risk assessments 2,121.00 Amano McGann Inc Gate arm 155.00 Amdahl Locksmith Inc Chris Electronic locks 2,399.00 Ancom Communication Inc. Public works radios 16,000.00 Animal Humane Society Pound charges 337.00 Aspen Mills Uniforms 1,696.25 Berg Bag Company Sandbags -flood 7,980.00 Blue Tarp Financial Equipment repair supplies 96.19 Board of Water Commissioner WAC Charges 6,138.00 Boyer Trucks Equipment repair supplies 2,350.78 CalAtlantic Homes Grading Escrow Refunds 3,000.00 CDW Government Inc. Supplies 84.86 Century Link Telephone 95.08 Century Power Equipment Equipment repair supplies 5.48 Cintas Corporation Uniforms & mat cleaning 542.69 City of St. Paul Asphalt 543.55 Cole Papers Janitorial supplies 193.43 Comcast Internet & Voice 322.55 Coverall of the Twin Cities Commercial cleaning services 540.00 Daleo Janitorial supplies 2,790 .98 ECM Publishers Publications 575.25 Element Materials Technology Pioneer Park Bathrooms 380 .00 Emergency Automotive Vehicle repair charges 6,207 .60 Environmental Equipment & Services Equipment repair supplies 54.84 FleetPride Equipment repair supplies 214.98 Fraley Thomas Equipment repair supplies 85 .00 Fuhr Trenching Storm sewer repairs 4,970.00 Galls LLC Uniforms Gannaway 192.20 Gertens Wholesale Fertilizer 5,788 .74 Goodyear Commercial Tire Tires 311.01 Gopher State One Call Inc. Locates 390.15 Grainger Recycling containers 22.08 Greiner Michael Reimburse for mileage 153.00 Hadrits Angie Reimburse for technology 527.49 Haussner Plumbing LLC Pioneer Park Bathrooms 34,109.00 Hildi Inc Actuarial Disclosures 480.00 Holiday Companies Vehicle washes 325.00 ICMA Membership 1,231.00 JBG Design & Development Refund final PUD CPC 2019-11 2,000.00 Junker Brad Reimburse for parking 15.00 Kiesler Police Supply Glock 17 Gens Pstl 9mm 882.00 Kollin Ann Mari Park Fee Refund 100.00 League of MN Cities Conference 550.00 Loffler Companies Support renewal 802.50 MacQueen Equipment Inc . Equipment repair supplies 556.30 Mansfield Oil Company Marchetti Joe Marshall Electric Company Menards Metropolitan Council Metropolitan Mechanical Contractors Midway Ford MN Dept of Public Safety MN Fire Srv. Cert. Board MP Nexlevel LLC MTI Distributi ng NAPA Auto Parts Nuss Truck & Equipment Office Depot O'Neill Electric OnSite Sanitation O'Reilly Auto Parts Otis Elevator Company Performance Plus LLC Peterson Austin Pioneer Press St. Paul Pro -Tee Design Pullen Annette Marie PX Products LLC Quill Corporation Rehn Code Consulting Services RG Construction Safe Fast Inc Safety Signs Sherwin Williams Siegfried Construction Company George Simplifile LC Spartan Promotional Group St . Croix Boat and Packet Co . Stillwater Motor Company Stillwater Towing Stonecutters Harbour LLC T.A. Schifsky and Sons Tibbets Shirley TJB Homes Inc Tri-State Bobcat Tri-State Pump and Controls Inc. Truck Utilities Inc. Valley Trophy Inc. Verizon Wireless Veterans Memorial Walmart Community Washington Conservation Distr Fuel Reimburse for work boots Vet Memori al parking lot light repair Tools & supplies Monthly SAC Maintenance agreement 2019 Ford F150 D35131 Tabs -Unmarked Firefighter training Locating Filter Equipment repair supplies Equipment repair supplies Office supplies Pioneer Park Bathrooms Portable Restroom Equipment repair supplies Elevator Contract City Hall Drug screen Reimburse for traffic vest Subscription City Hall Project Therapy Glass cleaner Coffee and Lysol Plan review Grading Escrow Refunds Marking paint Equipment rental -Barricades -flood Equipment -Line stripper Pioneer Park Bathroom Filing fees Police order signs Ramp cleaning Vehicle repair charges Tow service Refund Tech Fee -CPC 2019-20 Aggregate Reimburse for thawing of manhole & main pine Grading Escrow Refund Equipment repair supplies Oak Ridge lift station repairs Vehicle equipment Name plates MN State contract mobile broadband Super Valu Parking SD 200G for drone flood footage Shared Educator Page 2 10,132.03 149.00 1,846.00 3,244 .06 15,185.90 2,162 .00 20,185.92 71.00 1,120.00 893.75 53.77 251.27 1,055.45 204 .26 8,625.00 630 .84 172.02 6,794 .96 45 .00 34 .99 186.84 791.84 450 .00 138.00 135.59 3,763 .28 6,000.00 51.00 15,000.00 12,661.94 219,306.08 150.00 343 .39 810 .00 419 .12 350.00 25 .00 3,076 .64 450.00 1,500.00 1,647.83 560.00 1,626.00 30.00 630 .20 4,347 .00 57 .85 675 .00 Washington County Hazardous Waste Washington County License Center Washington County Taxation Division Wicker Steve WS&D Permit Service Zubert Michele REC CENTER AE2S Construction Becker Arena Products Brady Doug Canteen Refreshment Services Cintas Corporation Coca-Cola Distribution Ebert Construction Goodin Company HOR Architecture Holiday Credit Office Ice Skating Institute J.H. Larson Company Menards Metro Sheet Metal Inc Pepsi Beverages Company Riedell Shoes Inc. St. Croix Boat and Packet Co. Summit Companies Viking Auto Sprinkler Co. Wasche Commercial Finishes LIBRARY Ace Hardware Amdahl Locksmith Inc Chris Brodart Co Cintas Corporation Dell Marketing LP. Demeo Inc. ECM Publishers Floyd Total Security Illinois Library Association Jacobsen Aurora Loffler Companies Malwarebytes Menards Mercury Electric Midwest Tape Office of MN IT Services Hazardous waste collection program 2019 FlSO Pickup Registration 2019 Special Assessment Billing Reimburse for work boots Refund 80% permit fee Ramp Refund Dome Project Caster 4 wheel Reimburse for mileage to Ammonia House Coffee & supplies for concessions Mat cleaning service Beverages for concessions Dome Project Equipment repair supplies Dome Project Fuel Show/Exhibition Equipment repair supplies Equipment repair supplies Dome Project Beverages for concessions Skates Arena billing Dome Project Annual inspection Dome Project Janitorial Supplies Locksmith -Keys cut Materials Mat & towel cleaning service Library IT Project Processing Supplies Custodial Sub Job Posting Maintenance Agreements SPLF Programs Staff Reimbursement Library IT Project Library IT Project Janitorial Supplies Electrical Repairs Materials Telephone March Page 3 761.00 1,359.53 5,445.00 160.00 223.40 70.00 6,670.13 130.00 101.48 458.90 154.50 266.16 2,166.00 89.55 3,099.48 33.63 25.00 870.01 646.92 10,260.00 287.38 460.62 59,210.82 2,294.25 1,200.00 66,213.81 129.21 207.60 7,561.67 69.44 1,116.81 96.66 415.00 178.20 360.58 57.66 87.50 569.80 18.99 1,379.94 140.93 138.50 Quill Corporation Sarah Keister Armstrong & Associates LLC Stillwater Medical Group Thorager Natasha Toshiba Business Solutions ADDENDUM Robole Donna Xcel Energy Adopted by the City Council this 7th Day of May, 2019 Supplies Strategic Plan Drug Screening Programs Maintenance Agreements Reimburse for membership fees Energy Page 4 98 .27 10,000.00 166.00 540.00 44.47 424 .00 39,413.07 TOT AL 682,754.48 AGREEMENT AGREEMENT made this 61h day of May, 2019 by and between the EAST METRO PUBLIC SAFETY TRAINING FACILITY, a Minnesota municipal corporation ("East Metro Public Safety Training Facility"), and Stillwater Fire Department ("Tenant"). 1. Use Fire Training Facility. East Metro Public Safety Training Facility hereby leases to Tenant and Tenant hereby leases from East Metro Public Safety Training Facility the fire training facility located at 1881 Century A venue North, Maplewood, Minnesota 55109. 2. Term. The Tenant may use the facility as desired for a period of one (1) year from the date of execution of the this lease, subject to availability and pursuant to the terms contained herein regarding hourly-rates, consumables, insurance, etc. Tenant shall schedule with the Training Site Coordinator for use of the facility and Tenant-use will be on a first- come-first-served basis subject to availability. This Lease may be restated and/or amended and renewed annually. 3. Fees. For the use of the East Metro Public Safety Training Facility the Tenant shall pay for time and for all consumables listed in Appendix A (tenant will pay based on the facility actually used and for consumable items actually used). A training site manager must be on-site for all training and Facility shall provide one if needed by Tenant at the rate set in Appendix A. The total cost of such rental periods shall be determined and invoiced by Maplewood Fire. Payment shall be made no more than ten (I 0) days following the use of the facility by the Tenant or receipt of the invoice for the use, whichever is sooner. Page# I of5 Effective 11/14 3a. Cancellation Fee. A cancellation fee of $200.00 will be charged if the cancellation is made within less than 24 hours of the scheduled rental; if more than 24 hours notice is given, there will be no charge for the cancellation. 4. Insurance. Tenant shall take out and maintain until six (6) months after use of the facility general liability insurance covering personal injury, including death, which may arise out of the Tenant's use of the fire training facility and equipment owned by East Metro Public Safety Training Facility. Limits for bodily injury and death shall not be less than $1,000,000.00 for one person or occurrence (or the tort liability limits set by legislation for municipalities, currently set at $1,500,000.00 (Minn. Stat.§ 466.04). East Metro Public Safety Training Facility shall be named as an additional insured on the policy and the Tenant shall file with East Metro Public Safety Training Facility a certificate evidencing coverage at least ten (10) days before Tenant's use of the fire training facility. The certificate shall provide that East Metro Public Safety Training Facility must be given ten (I 0) days advance written notice of the cancellation of the insurance. 5. Indemnification. Tenant shall hold East Metro Public Safety Training Facility, cities and its officers, employees, and agents harmless from claims made by itself and third parties for claims including, but not limited to, personal injury, wrongful death, and property damage resulting from Tenant's use of the fire training facility and equipment owned by East Metro Public Safety Training Facility. Tenant shall indemnify East Metro Public Safety Training Facility, its officers, employees, and agents for all reasonable costs, damages, judgments or expenses which East Metro Public Safety Training Facility may pay or incur in consequence of such claims, including attorney's fees. These indemnifications Page# 2 of5 Effective I 1/14 are subject to the tort liability limits set by legislation for municipalities, currently set at $1,500,000.00 (Minn. Stat.§ 466.04), for those Tenants that are municipalities. 6. Maintenance. Tenant shall maintain the fire training facility and equipment owned by East Metro Public Safety Training Facility in as good a condition as it was in before its use by Tenant. Tenant shall be responsible for any damage to the fire training facility and equipment as a result of its use and shall promptly reimburse East Metro Public Safety Training Facility for any cost of repair. Tenant shall clean the facility and equipment after use by Tenant. If facility is left in disrepair or unclean Facility shall be cleaned or caused to be cleaned by the site manager and the costs involved to Tenant, 7. Policies and Procedures. The Tenant shall follow the policies and procedures adopted by East Metro Public Safety Training Facility and disseminated to all lessees. 8. Site Manager. East Metro Public Safety Training Facility shall appoint a training site manager to monitor the use of the equipment and fire training facility for Facility and for Tenants that do not have sufficient staff to perform the training and monitoring required (per section 3 above). Tenant shall comply with all instructions received from the training site manager and in cases of conflicting instruction(s), the facility's appointed site manager's decision shall be final. This shall not relieve Tenant from any other undertaking and responsibility under the terms of this Agreement or requirements of the Policies and Procedures. Page# 3 of5 Effective 11/14 Ted Kozlowski, Mayor CITY OF STILLWATER IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written . EAST METRO PUBLIC SAFETY TRAINING FACILITY BY: ------------- EM PST F Board Officer TENANT: Page# 4 of5 Effective 11/14 Memo DATE: April 30, 2019 TO: Mayor and City Council FROM: Sharon Provos, Finance Director RE: Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1st quarter of every year. For residential prope1ties, sanitary sewer billing rates are set during the znd quarter of every year using the water consumption ( obtained from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1st quarter of the year due to some unforeseen circumstances ( e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see ifwe can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons ( of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staffs recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. Description of Circumstance 1 Filled outdoor hot tub CITY OF STILLWATER EXHIBIT A Winter Average From To Gallons 23,000 11 ,000 Billing Quarter Adjustment for 2nd 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING May 7, 2019 REGULAR MEETING 4:30 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Property Lease Proceeds Designation (Resolution) 2. July 4th Celebration (Resolution) 3. St. Croix River Lift & Loop Celebration Update 4. Tour of City Hall IV. STAFF REPORTS 5. 2019 Flood Update 6. Police Chief 7. Fire Chief 8. City Clerk 9. Community Development Director – HPC Membership Update HPC Enabling & Demolition Ordinance Update Minar Neighborhood Moratorium Update 10. Public Works Dir. 11. Finance Director 12. City Attorney 13. 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 14. Presentation of Council Service Awards to Aimee Pelletier (Downtown Parking Commission), Robert Goodman, Angie Hadrits & Elizabeth Welty (Heritage Preservation Commission), Claire Sand (Human Rights Commission), Bill McGlynn and Rob McGarry (Parks & Recreation Commission), Jenna Fletcher and Anne Siess (Planning Commission) 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. 15. April 16, 2019 special and regular meeting minutes 16. Payment of Bills 17. Retail Fireworks Permit for Target and Cub Foods 18. Norman Quacks New Liquor License 19. Knights of Columbus Temporary Liquor License 20. Stillwater Dog Park Water Service 21. 2019 Hardcourt Reconstruction Project 22. Stillwater Country Club Drainage Improvement Project Cooperative Agreement XII. PUBLIC HEARINGS – Out of respect for others in attendance, please limit your comments to 10 minutes or less. 23. CPC Case No. 2019‐05 to consider amending the Short Term Home Rental Ordinance. The purpose of the amendment is to clarify existing language and to make minor procedural changes. Notice was published in the Stillwater Gazette on Friday, March 15, 2019. (Ordinance 1st Reading) 24. Project 2019‐06 to consider the 2019 Sidewalk Rehabilitation Project. Notices was mailed to affected property owners and published in the Stillwater Gazette on April 19 and 26, 2019. Order improvement and prepare plans and specifications. (Resolution) 25. CPC Case No. 2019‐17 to consider Ordinance Amendment repealing City Code Section 32‐1, Subdivision, Subd. 10, Forms. Notice was published in the Stillwater Gazette on Friday, April 26, 2019. (Ordinance 1st Reading) 26. 2040 Comprehensive Plan to review comments assembled during the 6 month jurisdictional review period and to adopt the Plan. Notice was published in the Stillwater Gazette on Friday, April 26, 2019. (Resolution) XIII. UNFINISHED BUSINESS 27. Ordinance amending City Code Section 33‐5: Minimum Standards for Construction and Reconstruction of Driveways. (Ordinance 2nd Reading) XIV. NEW BUSINESS 28. 2019 Sidewalk Rehabiliation Project ‐ approve plans & specs and authorize advertisement of bids (Resolution) 29. Annual Boards and Commissions Appointments 30. St. Croix Crossing Half Marathon Event 31. Parking Restriction on 2nd Street N (Resolution) XV. COUNCIL REQUEST ITEMS XVI. CONVENE TO A CLOSED SESSION pursuant to Minn. Stat. §13D.05, subd. 3(b) to discuss attorney‐ client privileged communication regarding 121 Chestnut Street E. XVII. ADJOURN APPROVING DESIGNATION OF CERTAIN CITY OF STILLWATER PROPERTY LEASE PROCEEDS PREVIOUSLY COMMITTED TO LOWELL PARK IMPROVMENTS NOW TO BE COMMITTED TO AIPLE PARK, BRIDGEVIEW PARK AND LOWELL PARK IMPROVEMENTS WHEREAS, the Stillwater City Council had previously committed proceeds resulting from various lease payments for the use of City property along the St. Croix River to be utilized for improvements in Lowell Park (Grant Fund #290); and WHEREAS, the City has acquired additional property along the St. Croix River known as the Aiple property located north of downtown; and WHEREAS, the City Council has approved concept park plans for the Aiple Property and for Bridgeview Park located south of downtown; and WHEREAS, the City Council plans to complete and implement business plans for public park development and improvements on both of these properties requiring financial resources to complete the improvements; and WHEREAS, updating the commitment for use of the lease proceeds to include both the Aiple property and Bridgeview Park property is consistent with the original commitment to use fund proceeds to improve St. Croix River park property within the City of Stillwater. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves committing the proceeds of lease revenue for park improvements in Aiple Park, Bridgeview Park and Lowell Park. Enacted by the City Council of the City of Stillwater, Minnesota this 7th day of May 2019. CITY OF STILLWATER _________________________________________ Ted Kozlowski, Mayor ATTEST: _________________________________________ Beth Wolf, City Clerk TO: Mayor and City Council City Department Heads FROM: Tom McCarty, City Administrator DATE: April 30, 2019 SUBJECT: Approval of Contract with RES Pyrotechnics for 4th of July Fireworks / 2019 Stillwater July 4th Celebration Update BACKGROUND Planning for Stillwater’s 2019 July 4 th Celebration is well underway. RES Pyrotechnics has submitted a proposal for provision of fireworks for the 4th of July. And most of the proposed ancillary activities are expected to be similar to previous years; some requests requiring City Council action (see updates listed below). RES Pyrotechnics will again provide the City’s 4th of July fireworks for 2019. The contractor will provide all materials, equipment, licensed operators, obtain all necessary permits and obtain required liability insurance for the event. The total cost of the fireworks is $48,800 which is included in the adopted 2019 Special Events budget. The proposed agreement between the City and RES Pyrotechnics is included with the attached resolution. Fundraising – The City has budgeted $10,000 in donations and $6000 has been committed to date. (See attached spreadsheet). St Croix Jazz Orchestra @ Pioneer Park – the Jazz Orchestra is requesting support from the City in the amount of $3000 (The City funded the Orchestra @ $2600 in 2018). Working with Jim Coughlin, Battery I, 1 st US Artillery for civil war cannons and Paul Barber of BAM! Productions for bands at the amphitheater prior to fireworks. There may be potential for a US military aircraft flyover. Mayor and City Council April 30, 2019 Page 2 Simulcast – station KLBB closed in 2018 and there was no simulcast for 2018; staff is researching other alternatives. ACTION It is recommended that the City Council approve a resolution entitled “Approving the Contract with RES Pyrotechnics” for 2019. Further, if the City Council is in favor of additional activities and associated costs as noted above and on the attached spreadsheet, the Council should adopt a motion approving those activities and associated costs. APPROVING CONTRACT WITH RES PYROTECHNICS FOR STILLWATER FIREWORKS AT THE 2019 STILLWATER 4th OF JULY CELEBRATION WHEREAS, RES Pyrotechnics has submitted a proposal to provide 4 th of July fireworks for the City of Stillwater on July 4th, 2019 at a cost of $48,800; and WHEREAS, RES Pyrotechnics will provide all materials, equipment, licensed operators, obtain all necessary permits and obtain required liability insurance for the event. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the contract between RES Pyrotechnics and the City of Stillwater, for the 4th of July Fireworks for 2019, as on file with the City Clerk. BE IT FURTHER RESOLVED, that the City Council of the City of Stillwater authorizes the Mayor and City Clerk to sign the contract. Enacted by the City Council of the City of Stillwater, Minnesota this 7th day of May 2019. CITY OF STILLWATER _________________________________________ Ted Kozlowski, Mayor ATTEST: _________________________________________ Beth Wolf, City Clerk AGREEMENT This Agreement is made this 3rd day of April 2018, between the City of Stillwater, Washington County, Minnesota (“City”) and RES Specialty Pyrotechnics, 21595 ‐ 286th Street, Belle Plaine, Minnesota 56011 (“Contractor”). I. WITNESSETH WHEREAS, the City desires to provide a fireworks display for the 4th of July; and WHEREAS, the Contractor is capable of fulfilling this need by rendering pyrotechnic expertise; NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: II. DUTIES OF THE CONTRACTOR 1. The Contractor, for and in consideration of the sum of Forty‐eight Thousand Eight Hundred and no/100ths Dollars ($48,800.00), including tax, to be paid hereinafter set forth, agrees to furnish the City one fireworks display, as outlined in the proposal submitted and attached to this Agreement as “Exhibit A,” and by this reference made a part hereof, including the services of the Contractor’s expert operators to be in full charge and to fire said display to be given on the evening of July 4, 2019, at Legion Beach, located in Houlton, Saint Croix County, Wisconsin, weather permitting. 2. The fireworks display shall be digitally choreographed to music provided by the Contractor and the timing of the fireworks shall be electronically fired with the music provided. In addition, the music element of the display described in Exhibit A in the contract is amended to provide enhanced system according to the specification established by the City Administrator. 3. Upon arrival at the shoot site on July 4, 2019, the Contractor must furnish the City with a shell inventory form outlining the specific quantities and sizes of each shell type that have been brought to the site. The Contractor must comply with City requests to verify the sizes and counts of shells brought by the Contractor. 4. Following the shoot, a shell count shall be conducted and any unused shells shall remain the property of the City to be stored by the Contractor. The Contractor agrees to furnish all equipment and all personnel necessary to set‐up and shoot the fireworks display. The Contractor agrees to scan the designated shoot site for paper or garbage left from the display or its operators before departing the site. 5. The Contractor agrees to abide by safety standards and procedures as required by the City and as established by the American Pyrotechnic Association and the State of Minnesota. 6. The Contractor agrees to provide safety equipment for the crew including, but not limited to fire extinguishers, hearing plugs, hard hats, eye goggles, cotton coverings, and First Aid supplies. 7. The Contractor shall obtain Fire Marshall’s permit from the City of Stillwater for the fireworks display, complying with all additional requirements set forth by the City Fire Marshall. 8. The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations. 9. The Contractor agrees that in order to protect itself and the City under the indemnity provision set forth above, it will at all times during the term of this Agreement, keep in force policies of insurance as indicated in this contract. The insurance protection will have the following limits: A. Comprehensive Commercial General Liability: (1) Bodily Injury (including completed operations and products liability). (2) Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverages where applicable. (3) Personal Injury, with employment exclusion deleted: $5,000,000 Combined Single Limits B. Comprehensive Automobile Liability: (1) Bodily Injury: $ 500,000 Each Person $1,000,000 Each Occurrence (2) Property Damage: $ 100,000 Each Occurrence C. Workers’ Compensation coverage. The Contractor further agrees to name the City as additional insured in said insurance policies and to provide a certificate of said insurance to the City prior to commencing work. The Contractor agrees to notify the City twenty‐ five (25) days prior to cancellation or a change in any of the aforementioned insurance policies. III. DUTIES OF THE CITY 10. The City agrees to furnish, at its cost, to the Contractor, sufficient space for the safe and proper presentation of the fireworks display and all necessary Police protection, to provide the necessary perimeters for restricting the public from gaining access to the shoot site. 11. Upon execution of the terms of this Agreement, following the fireworks display on the night of July 4, 2019, payment shall be made in full by the City within two weeks. IV. MISCELLANEOUS 12. The Parties agree that should inclement weather prevent the fireworks display from occurring on July 4, 2019, the Contractor shall be entitled to a fee charge of Three Thousand and no/100ths Dollars ($3,000.00). In the event of a cancellation for inclement weather, the fireworks display will be rescheduled to July 5, 2019 or another mutually agreed upon date. 13. It is agreed that nothing herein contained is intended, or should be construed in any manner, as creating or establishing the relationship of co‐partners between the parties hereto, or as constituting the Contractor staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Contractor and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Contractor represents that it has, or will secure at its own expense, any and all personnel required in performing services under this Agreement. Personnel, while engaged in the performance of any work or services required by the Contractor under this Agreement, shall not be considered employees of the City, and any and all claims that may or might arise under the Workers’ Compensation Act of the State of Minnesota, on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor, its officers, agents, contractors or employees shall in no way be the responsibility of the City, and the Contractor shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick leave, Workers’ Compensation, Unemployment Compensation, disability, severance pay and PERA. 14. The Contractor shall defend, indemnify and hold harmless the employees and agents, from any and all claims causes of action, lawsuits, damages, losses or expenses, including attorney’s fees, arising out of or resulting from the Contractor’s (including its officials, employees or agents) performance of the duties under this Agreement. 15. Any amendments to this Agreement shall be in writing and executed by the parties in the same manner as this Agreement. 16. This Agreement shall be interpreted under the laws of the State of Minnesota. 17. The parties mutually and severally guarantee the terms, conditions, and payments of the Agreement, which shall be binding upon the parties, heirs, executors, administrators, successors and assigns. 18. Both parties agree to adhere to the provision of the Americans with Disabilities Act of 1990, 72 U.S.C., Section 12101‐12213 (1990) (“ADA”), if applicable. 19. This Agreement shall not be assignable except at the written consent of the City. 20. This Agreement represents the entire agreement between the City and the Contractor and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, and amendments, addenda, alterations or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 21. The Contractor agrees, as a condition of being awarded this Agreement, to require each of its agents, officers and employees to abide by the City’s policies prohibiting sexual harassment, firearms, unlawful discrimination and smoking, as well as all other reasonable work rules, safety rules or policies regulating the conduct of persons on City property at all times while performing duties pursuant to this Agreement. The Contractor agrees and understands that a violation of any of these policies or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. IN WITNESS WHEREOF, the parties have set their hands this 7th day of May 2019. CITY OF STILLWATER By: Ted Kozlowski, Mayor ATTEST: By: Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this ____ day of _________________ 2019, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Beth Wolf, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public CONTRACTOR RES SPECIALTY PYROTECHNICS By: Steve Coman Its: President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was sworn to and subscribed before me this _____ day of ________________________ 2019, by Steve Coman, Its President, for RES Specialty Pyrotechnics, CONTRACTOR. Notary Public Tuesday, April 23, 2019 J. Thomas McCarty City of Stillwater 216 4th Street N Stillwater, MN 55082 Dear J. Thomas: RES We are delighted to design another fireworks program for the Stillwater Fourth of July Celebration on July 4, 2019. We will be incorporating the following segments into your show: Pyro Musical sound system, Opening Barrage, Main Show Body, Select Patriotic Shell, Signature Pattern Shell, Multiple Effects Barrage Cake, and Grand Finale. Our show design uses piled, stacked and multi-break shells. Our displays are electronically fired for added safety. Understanding your vision is important to us. That's why we listen to your needs and expectations so we can create the kind of show that you've imagined . We deliver what we say we will, making sure you are satisfied. Our displays are a turnkey operation and are coordinated with your event. The entire show is electronically fired for added safety. The total cost will be $48,800.00. The fireworks portion of your budget is $45,000.00 and the cost to include Pyro Musical sound system is $3,800.00. This includes all materials, equipment, certified display operators, necessary permits and $5 million liability insurance. I have included a fireworks display proposal detailing what goes into your fireworks display as well as how your fireworks display will be presented. We look forward to adding a little magic to the air at your event. I'm more than happy to answer any other questions you may have. We also invite you to contact the references listed in our booklet. Sincerely, C--./ ,%L---, Ervin J. Haman Director of Business Development RES Pyro 21595 286TH STREET BELLE PLAINE, MN P: 952·873 ·3113 INFO@RESPYRO.COM WWW.RESPYRO .COM FIREWORKS DISPLAY PROPOSAL FOR CITY OF STILLWATER 7/4/2019 RES NONDISCLOSURE The material contained in this document is confidential and is for review only by those directly involved in awarding this bid . This document may not be copied or reproduced in any fashion without written consent of RES Pyro, Inc .. CONFIDENTIALITY Our ideas, concepts and creativity are our livelihood. Your respect for our confidentiality is appreciated. RES Fireworks Display Proposal for City of Stillwater 7/4/2019 What's in My Fireworks Display? We chose a broad spectrum of local and international products for the City of Stillwater. They include a carefully selected variety of Chinese, Taiwanese, Japanese and domestic fireworks, plus our own custom-manufactured products. The high-quality shells we use are chosen and crafted for their wow factor. Nearly all of them feature tailed and rising effect designs. This makes it easy for audiences to watch the fireworks streak up from the ground through the sky and burst into color overhead. How is My Fireworks Display Presented? The success of your fireworks show depends on the execution of your display. We understand the difference between "throwing a bunch of stuff into the air" and creating a synchronized visual and aural experience. Over the years, we've determined the most effective display setup for an awe-inspiring presentation. We use an angled rack setup to cover a greater area of the sky. A variety of effects are shot simultaneously into the air in a "V" pattern, filling two separate areas of the sky with identical paterns. All fireworks for the City of Stillw~ter will be shot by a sophisticated computer firing system . You can expect: • A preloaded fireworks show • Precisely-timed choreography • No large gaps of time with only a black sky • Easier control of show pacing • Multiple firings • Added safety for the audience and staff (limited handling of shells in the dark) Your shows's themes will be highlighted throughout our choreography, helping the audience better connect with and appreciate your event. Fireworks display proposal for the City of Stillwater What's in the Main Show Body of My Fireworks Display Here's a list of the types of products you'll find in your fireworks display: • Color and report shells • Pattern shells, e.g., hearts, hourglass, stars, butterflies, rings • Effect shells, e.g., whistles, serpents, tourbillions • Strobe and shimmer effects • Glitter and tremalon shells • Crackling and crossette shells • Traditional Japanese shells, e.g., diadems, Saturns, palms, chrysanthemums Shells from the following manufacturers will be displayed: Lidu, Glorious, Kanta, ICON, Sunny, Legion, San Tai, Yung Feng, U.S. Designer, AM Pyro, Flashing Thunder, Vulcan, & RES Pyro. For the City of Stillwater, we'll also include a unique segment of signature pattern shells. These shells capture audience's attention with exciting patterns in the sky, like Saturn rings, colored stars with rings, smiley faces, jellyfish, concentric rings, poinsettias and hearts. We'll also include a red, white and blue patriotic segment to showcase our country's colors. A variety of shell effects and designs will be used to highlight the colors of our flag. There may be modifications to the listed products due to inventory availability, nature of the site and product upgrades. What can I Expect in my Fireworks Finale? There'll be no mistake when your grand finale begins . The sky will illuminate with dazzling colors, becoming louder and more brilliant as the finale progresses. We're able to create this kind of experience by using multiple levels of effects. They appear to morph into waves of glittering colors that continue to increase in intensity until the pinnacle -complemented by breathtaking fancy color shells overhead. Fireworks display proposal for the City of Stillwater Shows for Reference City of Edina Dick Crockett 952-833-9573 City of Lakeville Patty Dexter 952-985-4610 Slice of Shoreview Jacci Krebsbach 651-483-2416 City of Bloomington Mark Morrison 952-563-8693 Maple Grove Days Mike Kinnan 763-424-4365 City of Eden Prairie Jes Schrom 952-949-8304 MN Recreation & Parks Assn Michelle Snider 763-571-1305 Excelsior Chamber of Commerce Laura Hotvet 952-474-6461 Saint Paul Saints Baseball Derek Sharrer 651-644-3517 Minnesota Twins Baseball Matt Hoy 612-659-3651 City of Minnetonka Sara Woeste 952-939-8316 City of Stillwater Opening Barrage Finale Titanium Salute w/Blue Tail Finale Titanium Salute w/Red Tail Finale Red & Blue Dahlia w/Silver Strobing Pistil & Silver Tail Finale Silver Time Rain Coconut Tree w/Silver Tail Yellow Chrysanthemum w/Cherry Pistil & Silver Tail Blue Chrysanthemum w/Lemon Pistil & Silver Tail Purple Chrysanthemum w/Cyan Pistil & Brocade Tail Glittering Gold Chrysanthemum to Green w/Gold Tail Magenta Chrysanthemum w/Aqua Pistil & Brocade Tail Red Chrysanthemum w/Spangle Palm Pistil & Silver Tail Grass Green to Silver Chrysanthemum w/Strobing Silver Pistil Red Gamboge to Sea Blue to Lemon w/Palm Core & Silver Tail Brocade Chrysanthemum w/Red & Blue Pistil & Rising Flowers Glittering Chrysanthemum to Green w/Purple Pistil & Brocade Tail Blue Chrysanthemum w/Purple Comet Pistil & Blue Tail Glittering Silver to Red & Blue w/Glittering Coconut Pistil & Silver Tail Green Chrysanthemum w/Lemon Pistil & Silver Tail Purple Sunflower w/Gold Glitter Palm Core & Brocade Tail Brocade Gold to Purple Chrysanthemum w/Silver Tail Red to Green to Yellow Chrysanthemum w/Double Pistils Red to Blue Chrysanthemum w/Flashing Lemon Pistil & Red Tail Purple to Green Chrysanthemum w/Rising Flowers Blue to Orange Chrysanthemum w/Coconut Pistil & Orange Tail Glittering Silver to Red & Blue w/Flashing White Pistil & Rising Flowers Silver Chrysanthemum w/Purple Pistil & Jetting Comets Blue to Silver to Red w/Color to White Flash Total Opening Barrage Effects in Display 7/4/2019 Size Qty 3 24 3 24 3 12 4 18 4 3 4 4 4 3 4 4 4 4 4 4 5 4 5 3 5 4 5 4 5 3 6 2 6 2 6 2 6 2 6 2 8 1 8 1 8 1 10 1 10 1 10 1 134 City of Stillwater 7/4/2019 4 Inch Main Show Size Qty Pink Dark Silver Glitter Peony w/Silver Tail 4 4 Orange Peony w/Silver Palm Tree Pistil & Silver Tail 4 4 Violet to Mag Green Chrysanthemum w/Silver Tail 4 4 Violet & Lemon to Flash Peony w/Silver Tail 4 4 Silver Wave to Grass Green w/Blinking White Pistil & Silver Tail 4 4 Gold Wave to Cherry to White Flashing w/Brocade Tail 4 4 Half Lemon Half Red Peony w/Silver Nishiki Kamuro Ring 4 4 Brocade Gold to Green Chrysanthemum 4 4 Half Red Half Blue Chrysanthemum w/Brocade Tail 4 4 Glittering Silver Chrysanthemum w/Flashing Red Pistil & Red Tail 4 4 Lemon Chrysanthemum w/Mag Green Pistil & Brocade Tail 4 4 Orange Chrysanthemum w/Turquoise Pistil & Brocade Tail 4 4 Lemon Peony w/Green Pistil & Silver Tail 4 4 Red Dark Lemon Peony w/Blue Crossette Pistil & Silver Tail 4 4 Aqua to Purple Chrysanthemum w/Silver Tail 4 4 Purple to Gold Crackling Chrysanthemum Flower & Purple Tail 4 4 Purple Wave w/Gold Crackling Chrysanthemum Flower Pistil & Tail 4 4 Red Gamboge to Blue w/White Blinking Pistil & Brocade Tail 4 4 Red to White Flash Peony w/Green Crossette Pistil & Silver Tail 4 4 Poinsettia Multicolor (Magenta Aqua Cyan & Lemon) w/Purple Tail 4 2 Lemon Ring in Orange Ring in Aqua Ring w/Rising Flowers 4 2 Gold Brocade Bowtie in Purple Ring w/Gold Brocade Tail 4 2 Blue Ring in White Ring in Red Ring w/Red Tail 4 2 Flower Ring (Peach Lemon & Grass Green) w/Silver Tail 4 2 Gold Wave to Double Magenta & Sea Blue Ring w/Brocade Tail 4 2 Smiley Face (Multicolor) w/Brocade Tail 4 2 Strobing Ring w/Alt Green & White Strobe w/Red Tail 4 2 Red Heart w/Shooting Silver Stars & Silver Tail 4 3 Magenta & Cyan Spiral Ring w/Silver Tail 4 2 Sea Blue & Orange Double Rings w/Silver Whirl & Orange Tail 4 2 Brocade Crown Ring Cover Magenta Ring w/Blue Tail 4 3 Rainbow Ring w/Silver Tail 4 3 Silver Bowtie in Turquoise Ring w/Brocade Tail 4 2 Green Ring w/Popping Flower Pistil & Brocade Tail 4 2 Red Cover Yellow Ring w/White Strobe Pistil & Silver Tail 4 2 Kamuro Circle w/Purple Pistil & Brocade Tail 4 3 Purple Crossette w/Wave & Brocade Tail 4 4 City of Stillwater 7/4/2019 Magenta Dahlia w/Crackling Pistil & Red Tail 4 4 Lemon Dahlia w/White Strobe Pistil & Silver Tail 4 4 Multicolor Flying Stars w/Silver Tail 4 4 Silver Crackling Flower Crossette w/Crackling Tail 4 4 Multicolor Mag Dahlia w/White Strobe Pistil & Silver Tail 4 4 Violet Dahlia w/Crackling Pistil & Gold Tail 4 4 Cherry & White Strobe w/Strobe Tail 4 4 Magenta Crossette w/Silver Strobing Pistil & Brocade Tail 4 4 Crackling Spider w/White Flashing Pistil & Crackling Tail 4 4 Silver Palm w/Red Tip & Silver Strobe Pistil & Red Tail 4 4 Red Coconut Tree w/Blue Pistil & Red Tail 4 4 Glittering Coconut Tree w/Flashing Red Pistil & Brocade Tail 4 4 Wave Coconut Tree to Blue Crossette w/Red Tail 4 4 Gold Spider w/Mag Green Pistil & Gold Tail 4 4 Rainbow Palm Tree w/Red Tail 4 4 Silver Time Rain Coconut Tree w/Crackling Tail 4 4 Twinkle Kamuro w/Gold Tail 4 4 Gold Brocade Crown w/Violet Pistil & Gold Tail 4 4 Silver Wave to White Flash Big Willow w/Silver Tail 4 4 Cracking Nishiki Kamuro w/Blue Pistil & 3 Tails 4 4 Horse Tail w/Gold Tail 4 4 Diadem Chrysanthemum w/Red Strobing Pistil & Brocade Tail 4 4 Gold Willow w/Green Tips & Crackling Pistil & Brocade Tail 4 4 Blue to Red to Silver Crown w/Silver Tail 4 4 Gold Kamuro w/Red Pistil & Gold Tail 4 4 Total 4 inch Main Show Effects in Display 218 City of Stillwater 7/4/2019 5 Inch Main Show Size Qty Red to Blue Chrysanthemum w/Blue to Red Pistil & Silver Tail 5 3 Violet Turquoise & Lemon Chrysanthemum w/Popping Flower Pistil 5 3 Flower Wave w/Red Strobe Pistil & Brocade Tail 5 3 White Strobing Peony w/White Strobing Tail 5 3 Red & Silver Three Floor Peony w/Brocade Tail 5 4 Pink Peony w/White Strobe Pistil & Tail 5 3 Silver Wave to Blue w/Gold Crackling Chrysanthemum Pistil 5 3 Brocade Gold to Mag Green Chrysanthemum w/Silver Tail 5 3 Gold Wave to Purple to White Flashing w/Purple Tail 5 3 Half Red Half Kamuro w/Silver Tail 5 3 Glittering Silver to Yellow to Green w/Green Tail 5 3 Lemon & Grass Green Peanut Shells w/Silver Tail 5 3 Yellow to Magenta to White Flashing w/Silver Strobe Tail 5 4 Gold Flash to Green to White Flash Peony w/Purple Tail 5 3 Red to Yellow to Silver Flashing Chrysanthemum w/Silver Tail 5 3 Half Orange Half Magenta Peony w/Silver Tail 5 3 Diadem Chrysanthemum w/Red Strobing Pistil & Red Tail 5 4 Blue to Lemon Chrysanthemum w/Strobing Silver Pistil & Tail 5 3 Eclipse w/Gold Tail 5 2 Red Blue & Gold Ring w/Ftash Lemon Pistil & Gold Tail 5 3 Floral Salutes in Circle w/Rising Flash Reports 5 2 Kaleidoscope w/Strobing Pistil & Rising Flowers 5 2 Green to White Strobe Parallel Ring w/Silver Strobe Tail 5 3 Violet to Grass Green Ring w/Silver Tail 5 3 Red Magic Peony w/Lemon Circle & Red Tail 5 2 Chinese Fan w/Green Tail 5 2 Saturn Red Ring w/Blue Pistil & Silver Tail 5 3 Green Flashing Dahlia w/Red Pistil & Whistling Tail 5 3 Blue Dahlia w/Silver Coconut Pistil & Silver Tail 5 4 Silver Glitter to Red Crossette w/Gold Glitter Tail 5 4 Purple Crossette w/Brocade Tail 5 3 Mag Red Dahlia w/Silver Strobe Pistil w/Red Tail 5 3 Gold to Magenta Palm w/Brocade Tail 5 3 Golden Coconut Tree to Aqua w/Gold Tail 5 3 Crackling Spider w/Flashing Red Pistil & Crackling Tail 5 3 Gold Willow to Purple w/Popping Flower Pistil & Gold Tail 5 3 Brocade Crown to Green Flash Big Willow & Silver Tail 5 3 City of Stillwater 7/4/2019 6 Inch Main Show Size Qty Red & Silver Three Tier Peony w/Big Happy Star Pistil & Tail 6 3 Peach to Magenta Peony w/Crackling Pistil & Crackling Tail 6 3 Magenta Orange & Chartreuse Chrysanthemum w/Blinking Pistil 6 3 Half Purple to Lemon Half Lemon to Purple Chrysanthemum 6 3 Orange & Dark Green Peony w/Crackling Pistil & Crackling Tail 6 3 Red Wave w/White Strobe Pistil & Red Tail 6 3 Pink to Flower Wave w/Grass Green Pistil & Double Brocade Tail 6 3 Gold Silk Chrysanthemum w/Crackling Tail 6 3 Red Gamboge to Sea Blue w/Double Pistil & Crackling Tail 6 3 Glittering to Purple to Lemon w/Spangle Pistil & Whistling Tail 6 3 Silver Dark Cherry Peony w/Whistling Tail 6 3 Pink to Lemon to Grass Green Chrysanthemum w/Flower Pistil & Tail 6 3 Red White & Blue Chrysanthemum w/White Strobe Pistil & Silver Tail 6 3 Gold Wave Blue to Red w/Gold Tail 6 3 Brocade Chrysanthemum w/Green to Magenta Pistil & Silver Tail 6 3 Thunderbolt Chrysanthemum w/Thunderbolt Pistil & Brocade Tail 6 3 Dark Green Peony w/White Strobe Pistil & Green Tail 6 3 Elephant w/Rising Jetting Comets 6 2 Red Ring Green Saturn Dark Pink Peony w/Rising Green Tail 6 2 Blue Atomic Circle w/Small Strobe Pistil & Silver Tail 6 2 Silver Nishiki Kamuro in Red Ring w/Blue Pistil 6 2 Brocade Crown Cover Violet Ring w/Brocade Tail 6 2 Doraemon w/Green Tail 6 2 Purple & Sea Blue Cube w/Purple Tail 6 3 Gold Glitter Crown Crossette w/Gold Tail 6 3 Silver Time Rain Crossette w/Whistling Tail 6 3 Orange Dahlia w/Blinking White Pistil & Strobe Tail 6 3 Multicolor Flying Stars w/Red Tail 6 3 Red & Gold Crossette Chrysanthemum w/Red Tail 6 3 Blue Dahlia w/White Strobe Pistil & Silver Tail 6 3 Silver Time Rain Coconut Tree w/Crackling Tail 6 3 Silver Spider w/Violet Strobe Pistil & Cherry Tail 6 3 Silver to Purple Palm w/Violet Pistil & Silver Tail 6 3 Yellow Falling Leaves 6 3 Green Diadem to Yellow w/Green Pistil & Blue Tail 6 3 Silver to Crackling Big Willow w/Crackling Tail 6 3 Brocade Crown w/Green Strobe Pistil & Brocade Tail 6 3 City of Stillwater 8 Inch Main Show Glittering Purple to Lemon Chrysanthemum w/White Flashing Pistil & Purple to Turquoise to Red Chrysanthemum w/Double Pistil & Tail Gold Wave to Sea Blue w/Gold Crackling Chrysanthemum Flower Pistil Red to White Flash w/Brocade Green Pistil & Green Tail Bright Violet Peony w/Crackling Balls in Circle Brocade Chrysanthemum w/Red to Blue Pistil & Silver Tail Aqua Ghost Peony w/Big Orange Circle Glittering Silver Wave to Violet w/Palm Core & Red Tail Silver Wave to Purple w/Gold Crackling Chrysanthemum Pistil Silver Wave to Blue Flash Flower w/Purple Pistil & Purple Flower Red to Blue to Gold Crackling Chrysanthemum Flower w/Crackling Tail White Strobing Peony w/White Strobing Tail Violet to Lemon Chrysanthemum w/Popping Flower Pistil & Tail Chrysanthemum w/Many Layers Pistil & Rising Flowers Gold Dispark Chrysanthemum w/Crackling Tail Kaleidoscope w/Silver Pistil & Rising Flowers Red & Gold Glittering Brocade to Silver Ring Butterfly in Circle w/Rising Flowers Magenta Dahlia w/White Strobing Pistil & Rising Gold Flowers Gold Glittering Crossette w/Gold Tail Silver Crackling Flower Crossette w/Crackling Tail Thousands Color Chrysanthemum w/Crackling & Whistling Tail Crackling Gold Coconut w/Red Strobe Pistil & Crackling Tail Crackling Spider w/Strobing Silver Pistil & Crackling Tail Crackling Kamuro w/Crackling Pistil & Double Brocade Tail Orange to Green & Ruby Red Willow w/Brocade Tail Brocade Diadem Chrysanthemum to Twinkle w/Green Strobing Pistil Brocade Crown w/Saphire Blue Pistil Kamuro to White Strobe w/Brocade Tail Total 8 inch Main Show Effects in Display 7/4/2019 Size Qty 8 2 8 2 8 2 8 2 8 2 8 2 8 1 8 2 8 2 8 2 8 2 8 2 8 2 8 2 8 2 8 2 8 2 8 1 8 2 8 2 8 2 8 2 8 2 8 2 8 2 8 2 8 2 8 2 8 2 56 City of Stillwater 10 Inch Main Show White Strobing Chrysanthemum w/Red & Blue Pistil & Silver Tail Lemon to Cherry Peony w/Crackling Pistil & Silver Tail Red to Silver w/Red Brocade Pistil & Rising Flowers Red Peony Dark Change to Violet in Nishiki Kamuro Circle Three Color Change Chrysanthemum w/Drifting Flowers Cherry to Lemon to Silver Chrysanthemum w/Silver Tail Eclipse Three Band Double Chase w/Rising Flowers Green Dahlia w/White Strobing Pistil & Silver Tail Double Palm Tree w/Yellow Strobe Pistil & Brocade Tail Red Palm Tree Crackling Rain w/Double Brocade Tail Golden Spider w/X-shaped Green Strobe w/Red Pistil & Brocade Tail Variegated Kamuro Chrysanthemum w/Multi-color Spangle Pistil Total 10 inch Main Show Effects in Display 7/4/2019 Size Qty 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 12 City of Stillwater Signature Pattern Shell Segment Cardinal Purple w/Gold Tremelon Starfish Ring Green & Gold Glittering Brocade to Silver Ring w/Gold Tail Butterfly in Circle w/Green Tail Double Rainbow Rings w/Silver Tail Silver Wave Ring w/Violet Pistil & Silver Tail Lemon Ring in Orange Ring in Aqua Ring w/Orange Tail Gold Bowtie in Green Ring w/Gold Tail Purple to White Strobe Parallel Ring w/Strobe Tail Silver Whirling Flower Ring w/Red Strobing Pistil & Red Strobing Tail Gold Wave Chrysanthemum to Red Strobing Ring w/Strobing Pistil Floral Salute in Circle w/Rising Flash Reports & Silver Tail Maltese Wheel w/Rising Flowers Violet Peony w/Blinking White Pistil in Aqua Circle w/Silver Tail Red Atomic Circle w/Silver Strobe Pistil & Silver Strobe Tail Total Signature Pattern Shell Segment Effects in Display 7/4/2019 Size Qty 5 3 5 3 5 3 5 3 6 2 6 2 6 2 6 2 8 1 8 1 8 1 8 1 8 1 8 1 26 City of Stillwater 7/4/2019 Finale Size Qty Finale Titanium Salute w/Red Glittering Tail 3 48 Finale Titanium Linear Cylindrical Salute w/Strobing Tail 3 36 Finale Titanium Salute w/Heavy Report & Crackling Tail 3 60 Finale Titanium Salute w/Silver Strobing Tail 3 60 Finale Titanium Salute w/Blue Glittering Tail 3 48 Finale Crackling Nishiki Kamuro Niagara Falls 3 36 Finale Kamuro w/Blinking White Strobe Pistil & Brocade Tail 3 36 Finale Crackling Spider w/Crackling Tail 3 36 Finale Gold Spider w/Gold Tail 3 36 Finale Turquoise Peony w/Magenta Pistil & Brocade Tail 3 36 Finale Magenta Chrysanthemum w/Lemon Pistil & Silver Tail 3 36 Finale Green Chrysanthemum w/Red Strobing Pistil & Tail 3 36 Finale Red White & Blue Variegated Chrysanthemum w/Red Tail 3 48 Finale Gold Spider w/Gold Tail 4 18 Finale Dispark Chrysanthemum w/Crackling Tail 4 18 Finale Brocade Crown Waterfalls w/Brocade Tail 4 18 Finale Red White & Blue Dahlia w/Brocade Tail 4 36 Finale Glittering Coconut Tree w/Crackling Tail 4 36 Red Diadem to Grass Green w/Whistling Tail 4 4 Kamuro to White Strobe w/Brocade Tail 4 4 Red to Lemon Flashing Big Willow w/Silver Tail 4 4 Silver Crown to Green w/Purple Pistil & Brocade Tail 4 4 Kamuro Ending w/Red Tips & White Flashing Pistil & Brocade Tail 4 4 Brocade Crown to Crackling Willow w/Crackling Tail 4 4 Rainbow Chrysanthemum w/Coconut Pistil & Silver Tail 5 4 Blue to White Flashing Big Willow w/Blue Tail 5 3 Nishiki Kamuro Niagara Falls w/Three Spangle Tails 5 4 Silver Crown to Orange w/Magenta Pistil & Brocade Tail 5 4 Yellow Golden Big Willow to Blue w/Gold Tail 5 4 Brocade Diadem Chrysanthemum to Twinkle w/Strobing Pistil 5 4 Brocade Crown w/Variegated Double Pistil & Silver Tail 5 4 Glittering Gold Chrysanthemum to Multicolor 6 3 Brocade Coconut Tree w/Bright Lemon Pistil & Brocade Tail 6 3 Silver to Red to Silver Crown w/Silver Tail 6 3 Gold Willow w/Red Tips & Blinking White Pistil & Red Tail 6 3 Kamuro Ending w/Red Tips & Strobing Silver Pistil & Brocade Tail 6 3 Golden Strobing Diadem w/Gold Spangle Pistil & Spangle Tail 6 3 City of Stillwater Blue to Red Chrysanthemum w/Flashing Core & Rising Flowers Big Hard Breaking Diamond Dust w/Diamond Dust Pistil Brocade Crown w/Thousands Horse Tails & Silver Tail Happy Stars Willow w/Flashing White Pistil & Brocade Tail Red Gamboge Crown to Blue w/Glitter Coconut Core & Tail Nishiki Kamuro w/Spangle Pistil & Rising Small Flowers Red to Blue to White Flash w/Spangle Double Pistil & Spangle Tail Gold Rays to Sparkling Flower Peony w/Pistil & Gold Tail Silver Coconut w/Silver Strobing Tail Brocade Kamuro w/Red White & Blue Palm Core & Silver Tail Kamuro Ending w/Blue Tips & Popping Flower Pistil & Tail Red Strobing Nishiki Kamuro Niagara Falls in Dahlia Total Finale Effects in Display 7/4/2019 8 2 8 2 8 2 8 2 8 2 8 2 10 1 10 1 10 1 10 1 10 1 10 1 765 2019 City of Stillwater 4th of July Fireworks Budget4/30/2019REVENUEBudgetedActualEXPENSEBudgetedActualCity Funds 48,000$ 48,000$ RES Pyrotechnics 48,800$ Contributions 10,000$ 6,000$ -Additional Sound - North Lowell Park Acapulco Cover Park Manor CUB Foods DBD Partners, Inc. (Water St. InnRES Pyrotechnics - Additional Judd Sather, Lofts at Studio J Lift Bridge BreweryBand - BAM! Productions / Council Approval 4,000$ Margaret Rivers Fund 5,000$ 4/23/2019Cannons - 5 / Council Approval 2,150$ P.D. Pappy's Pub 112, Inc.St. Croix Jazz Orchestra / Council Approval 3,000$ Kwik Trip St. Croix Boat & PacketUS Military Flyover - Proposed Sabes Family Foundation 1,000$ 4/23/2019 Whitey's Xcel EnergyTOTAL58,000$ 54,000$ (4,000)$ 57,950$ -$ Related Expenses Possible Simulcast 500$ -$ Gazette Ad300$ Bouys - J. Gribs & Co.450$ Portable Toilets1,400$ Century Link200$ -$ Professional ServicesTOTAL - Related2,850$ -$ TOTAL EXPENSES60,800$ -$ CITY COUNCIL MEETING DATE: May 7, 2019 REQUEST: Provide direction regarding Heritage Preservation Commission membership vacancy PREPARED BY: Abbi Jo Wittman, City Planner Staff is seeking direction from the Council regarding the Washington County Historical Society (WCHS) representative seat on the Heritage Preservation Commission (HPC). City Code Section 22-8, Board/Commission administration, Subd. 7(1), Members, indicates: Heritage Preservation Commission consists of seven voting members with one member being a representative from the local historical society to be appointed by the city council. The council representative and the Community Development Director or staff designee shall be ex officio, nonvoting members of the board or commission. Voting members shall be residents of the city. However, State Statute 471.193, Municipal Heritage Preservation Commission, Subd. 5, Commission members, indicates: Commission members must be persons with demonstrated interest and expertise in historic preservation and must reside within the political subdivision regulated by the ordinance establishing the commission. Every commission shall include, if available, a member of a county historical society of a county in which the municipality is located. The City’s HPC’s WCHS Representative’s seat has been vacant since Robert Goodman resigned at the end of 2018. While WCHS has a member who is interested in serving, that member anticipates moving outside the city limits in the future. In discussion with the Michael Koop, State Historic Preservation Office’s Certified Local Government Coordinator, the City has two options: 1. Require at least one member of the HPC to be a member of the WCHS – a preference of the current Stillwater HPC members; or 2. Allow for a nonresident WCHS member (i.e. someone with an interest in Stillwater – such as owning a business within the City limits) to be an ex-officio, non-voting member of the HPC. Does the Council have a preferred option? Both options require a modification to City Code Section 22-8 to remove the provision that the WCHS member has to be a representative of WCHS. CITY COUNCIL MEETING DATE: May 7, 2019 REGARDING: Update to the City’s HPC-Enabling and Demolition Review Ordinances PREPARED BY: Abbi Jo Wittman, City Planner Bill Turnblad, Community Development Director HPC ENABLING ORDINANCES The draft 2040 Comprehensive Plan calls for certain actions to occur within the next ten years. Two of those items are to: 1. Conduct a detailed and thoughtful review of specific City Code Sections pertaining to the Heritage Preservation Commission and conduct an ordinance amendment to clean up code inconsistencies, strengthen the connection between the City Code and the design guidelines, to better define HPC activities, including demolition review, as well as strengthen the connection between HPC activities and the City’s Comprehensive Plan goals and policies. 2. Combine all adopted and draft design guidelines into a single reference document. The 2019-2022 work plan for the Community Development Department is consistent with the 2040 Comp Plan in this regard. Project 5 for the City Planner in 2019 is to “update HPC enabling ordinance[s]”. Given the complexity of the project (19 sections of the code will need to be reviewed and potentially modified), staff has applied for two separate grants to hire an outside consultant to conduct this work. If awarded, the City will have funding to begin this work in July, 2019. The following preliminary schedule has been outlined: Year Month Activity 2019 July Project Administration August Stakeholder Outreach September Consultant Selection October Existing Ordinance Analysis November Ordinance Reorganization December Stakeholder Survey 2020 January Stakeholder Listening Session February Ordinance Amendments March Public Input April Ordinance Finalization April SHPO Review May Commission(s) Hearing June Council Hearings(s) July Project Conclusion HPC Ordinance Amendments City Council: May 7, 2019 DEMOLITION ORDINANCE One specific area of ordinance work associated with the HPC is demolition of buildings in the City. At the April 16 Council meeting a demolition case was considered and it was acknowledged by the Mayor that revisions to the demolition ordinance might be appropriate. The HPC and staff find the current demolition ordinance to be confusing and largely ineffective. City staff has met and has started to review other community’s demolition ordinances. NEXT STEPS A special meeting between the HPC and City Council is planned for some time in June. The meeting will be to discuss the various HPC enabling ordinances and potential changes to them. At that time staff hopes for direction on whether to include a complete rewrite of the demolition regulations. COMMUNITY DEVELOPMENT DEPARTMENT STAFF MEMO MEETING DATES: May 7, 2019: City Council April 24, 2019: Planning Commission TO: Mayor Kozlowski and City Council members FROM: Abbi Jo Wittman, City Planner REGARDING: Minar Neighborhood Moratorium Update BACKGROUND On October 5, 2018 the City Council enacted a moratorium on new development in the Minar Neighborhood. The moratorium gives the City one year to determine what type land use is most appropriate in this neighborhood. Though staff had developed the following schedule, there has been a slight delay given the neighborhood’s desire to have an anonymous survey conducted. Timeline Task Action/Outcome December, 2018 Consult with interested agencies and organizations (BCWD, Stillwater Township Board, and WA County Public Health) Conduct Adjacent Community Research Discuss concerns with alternative scenarios Identify and cross-compare uses and standards for Afton, Bayport, Grant, Lake Elmo, Oak Park Heights, and Baytown, May, Stillwater, and West Lakeland Townships January, 2019 Host Resident Input Listening Session Present research findings to residents. Gauge resident sentiment of lot splits. Determine standards and uses most desirable by residents February, 2019 Draft Rural Residential zoning district standards and uses Host Resident Input Listening Session Finalize draft set of massing and setback standards, as well as allowable uses Gain feedback on draft Rural Residential zoning district March, 2019 Begin Zoning Text Amendment Proceedings March 20th: Planning Commission Public Hearing April, 2019 Finalize Zoning Text Amendment April 16th: City Council Public Hearing The City will update the Minar Neighborhood Moratorium Proposed Schedule and Scope of Work, page 2 of 2 Finalize the draft Comprehensive Plan with the Rural Residential future land use classification Comprehensive Plan to reflect detail of the Rural Residential zoning district. ORDINANCE DEVELOPMENT UPDATE Staff prepared a draft Rural Residential district based on review of existing city code, adjacent community standards, as well as public input. Public input was gathered at a January, 2019, public meeting as well as a property owner survey conducted by the City. Results of the public survey are attached for your review. The draft district is also attached for review. City staff held a neighborhood meeting on Monday, April 22nd to discuss the draft district and gain feedback from the neighborhood; a total of 10 neighborhood residents attended this meeting. Feedback gained was positive, though there was a request to explore a reduction in the CSAH Hwy 12 setback. Based on staff’s research, the draft district will be finalized and public hearings will be scheduled. It is anticipated the Planning Commission will hold a public hearing on June 26th and the City Council will hold a public hearing on July 16th. This is an opportunity for the Council to review the draft district and to provide comment and direction to city staff. City of Stillwater 216 4th St N, Stillwater MN 55082 Minar Neighborhood Use Survey Results The following table lists desirable uses for the Minar neighborhood and includes results from an anonymous survey conducted by the City in February, 2019. Potential Uses: Yes Yes, but only If conditions apply No Beekeeping 23 3 6 Chicken keeping 15 6 10 Small Farm Animals (Rabbits, Pigs, Goats, Sheep) 10 1 17 Large Farm Animals (Llamas, Horses, Cows) 5 3 24 Fish Hatcheries 8 3 21 Aviaries 6 4 21 Commercial Riding Stables 2 2 27 Commercial Kennels 2 1 27 Commercial Greenhouses 5 5 21 Commercial Hydroponics 4 4 23 Produce & Plant Sales 11 6 14 Bed and Breakfasts 9 9 13 Short Term Home Rentals 10 10 10 Senior Care Living Facilities 6 7 18 Type I Home Occupation (e.g. home offices or piano lessons) 25 1 5 Type II Home Occupation (e.g. infrequent public sales) 13 11 7 Type III Home Occupation (e.g. allowance of nonresident employees) 4 7 19 Personal Outdoor Storage (i.e. RVs, Boats, etc.) 18 7 6 Business Outdoor Storage 9 3 19 Business Indoor Storage 12 1 15 Accessory Structures: Yes Yes, but only If conditions apply No Maximum Footprint Less Than House Footprint 13 1 13 Maximum Footprint Greater Than House Footprint 4 5 9 Businesses Operations (i.e. mechanic or indoor storage) 9 6 17 The results of this survey have been utilized as a foundation for the development of a draft Rural Residential zoning district. To obtain a copy of the draft zoning district regulations or a summary, please contact Abbi Jo Wittman, City Planner, at (651) 430-8822 or awittman@ci.stillwater.mn.us. Page 1 of 2 Sec. 31-____. – RR rural residential district. RR rural residential districts shall be regulated as follows: (a) Purpose. The purpose of the RR district shall be to maintain large lot neighborhood design and characteristics in areas where urban services are unavailable. (b) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (c) Detached accessory buildings. 1) No detached accessory buildings may be located within the required front yard. 2) All detached accessory buildings located within a side yard must be set back a minimum of 15 feet from the side lot line in the case of an interior lot or 40 feet in the case of a corner lot. 3) All detached accessory buildings located in the rear yard must be set back a minimum of 25 feet from the rear lot line. (d) Massing regulations. (1) Minimum standards. 1 Lot area per dwelling One (1) acre 2.5 acres Lot width 100 feet 160 feet Lot depth 300 feet 300 feet Front yard setback 40 feet 40 feet Interior Side yard setback 15 feet (COS) 15 feet (COS) Exterior yard setback 40 feet 40 feet Rear yard setback 50 feet 50 feet Maximum lot coverage 25% 25% Height Height of residence 35 feet 35 feet Height of accessory structures 20 feet and not exceeding height of main residential structure 20 feet and not exceeding height of main residential structure Page 2 of 2 (2) Additional setback standards. 2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet 1 All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Page 1 of 5 Sec. 31-315. - Allowable uses in residential districts. ALLOWABLE USES ZONING DISTRICTS RR A-P LR CTR RA TR CCR RB CR TH CTHR RCL RCM Single-family dwelling 1 P P P P P P P P P P CUP Two-family dwelling 1 P P 2 CUP Attached single-family dwelling or townhouse 3 SUP P Townhouse, row house, group house 1 P Multifamily dwelling 4 and condominiums SUP Accessory dwelling (See Section 31-501) P SUP P SUP Duplex accessory unit (See Section 31-502) SUP Roominghouses 1 CUP Type I home occupation (See Section 31-500) P P SUP P P SUP P P P SUP A SUP Type II home occupation (See Section 31-500) CUP SUP SUP SUP SUP SUP SUP 10 SUP SUP SUP Type III home occupation (See Section 31-500) SUP SUP Accessory building and use A A A A 5 A A 6 A 7 A 8 A Public schools P CUP Page 2 of 5 Elementary school SUP P CUP Public and private primary and secondary schools 9 SUP 10 SUP 9,10 Early childhood education SUP Parks, playgrounds and other open space areas P P P P P P P P P Private recreation facility A A Church or other place of worship SUP 10 SUP 10 P CUP Cemeteries SUP 10 SUP 10 Hospital, nursing home or rest home SUP 10 SUP 10 Institutional building P CUP Bed & Breakfast (Type D Short Term Home Rental) SUP 10 P 11 SUP Short Term Home Rental; Type A and B P P P P P P P P P P P P P Short Term Home Rental; Type C CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Off street parking & loading A A Agricultural uses P Agricultural produce sales P14 P Commercial greenhouse P Page 3 of 5 Fish hatcheries and aviaries P Fishing lakes and picnic groves 12 P Forest and wildlife reservations or similar facilities P Fur farming (raising fur bearing animals, excluding skunks and civet cats) P Riding academies or stables P Essential services P P P P P P P P P P P P P Commercial uses not found objectionable by neighbors CUP Retail business of a corner store nature CUP Senior care living facilities SUP SUP 13 CUP Armory SUP 10 Municipal fire station SUP 10 Small Wireless Facilities Small Wireless Facilities in the Right-of-Way P P P P P P P P P P P P P Personal Outdoor Storage P15 Page 4 of 5 P = Permitted use SUP = Use permitted with a Special Use Permit CUP = Use permitted with a Conditional Use Permit A = Accessory use Blank cell in table means that the use is NOT allowed. 1 Only one principal structure is allowed on a parcel. 2 Two-family dwelling allowed only on corner lots. 3 An attached single-family dwelling or townhouse is defined as: A single structure consisting of not less than 3 dwelling units located or capable of being located on a separate lot, and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the adjoining unit. 4 Dwelling units for three or more families on a single parcel. 5 Accessory structures are limited to one detached garage or one accessory dwelling. Accessory dwelling is permitted only with a special use permit. Garage is limited to a total of three stalls and all detached accessory structures shall be regulated by the standards found in Section 31-501, Subd. 2 (performance standards for accessory dwelling units in CTR district). 6 Accessory structures in the TR district are subject to the regulations found in Section 31-503, Subd. 1 7 Accessory structures in the RB district are subject to the regulations found in Section 31-503, Subd. 2 8 Garage is limited to two stalls wide. 9 Including accessory buildings and uses located upon property contiguous to that occupied by the main building. 10 SUP may only be issued by city council. 11 Must be located at least 900 feet from another bed & breakfast. 12 No concession or retail sales are permitted. 13 Senior care living facilities in the RA zoning district shall have a minimum property size of 5 acres. 14 Sales of fresh, whole, raw, or processed produce grown onsite only and sold onsite at a farm stand, at farmers’ markets or by delivery. Page 5 of 5 15 Storage of personal operable vehicles, including any car, truck or trailer, or self-propelled or pull-behind recreational vehicles, including, but not limited to, snowmobiles, all-terrain vehicles, watercraft, golf carts, etc. so long as adequately screened by fence or landscaped from roadways and neighboring views. No outside business storage is permitted. (Ord. No. 1003, § 2, 1-20-09; Ord. No. 1030, § 2, 5-17-11; Ord. No. 1055, § 2, 12-18-12; Ord. No. 1093, § 3, 5-2-17; Ord. No. 1095, § 1, 6-6-17; Ord. No. 1121, § 1, 1-8-19) STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: May 7, 2019 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission . ••• Ted Kozlowski, Mayor Date of Recognition: May 7, 2019 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition : May 7, 2019 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: May 7, 2019 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to etaiJte Sand and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: May 7, 2019 r if fvyater <......_ ::::=::: ~ ~ THE BIRTHPLACl Of-MINNESOTA J STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition : May 7, 2019 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date ofRecognition: May 7, 2019 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: May 7, 2019 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: May 7, 2019 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES April 16, 2019 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:07 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 Public Works Director Sanders Finance Director Provos Library Director Troendle City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Stillwater High School Boys Swimming & Diving Team Diver Josiah Fick Mayor Kozlowski read a proclamation designating April 19, 2019 “Josiah Fick Day” acknowledging Mr. Fick’s accomplishments as a junior on the Stillwater High School Boys Swimming & Diving Team. Proclamation: Stillwater High School Boys Wrestling Team and Wrestler Reid Ballantyne Mayor Kozlowski read a proclamation designating April 17, 2019 “Stillwater Area High School Boys Wrestling Team Day” acknowledging the accomplishments of the team. He then read a proclamation recognizing the accomplishments of team member Reid Ballantyne and proclaiming April 18, 2019 as “Reid Ballantyne Day.” Proclamation: Stillwater High School Girls Basketball Team Councilmember Polehna read a proclamation designating April 22, 2019 “Stillwater Area High School Girls Basketball Team Day” acknowledging the team’s accomplishments. He recognized Sara Scalia and fellow team members Alexis Pratt, Liza Karlen and Grace Cote. Discover Stillwater Annual Report Chuck Dougherty, president of the Convention and Visitor Bureau and Christie Rosckes, Marketing Director, presented the Discover Stillwater Annual Report. They summarized the Chamber’s marketing strategy and discussed use of the Lodging Tax, marketing materials City Council Meeting April 16, 2019 Page 2 of 8 and economic impacts of tourism in the Stillwater area. Ms. Rosckes explained DiscoverStillwater.com analytics. She reviewed the budget and five year plan. Mayor Kozlowski commended Discover Stillwater on the new visitor guide. Hearing Loop Mayor Kozlowski announced the Council chambers has a new sound system for use with hearing aids. OPEN FORUM There were no public comments. STAFF REPORTS Public Works Director Sanders provided a 2019 flood update. The river crested at 688.5; it is now at 685.03; and the temporary dike will be removed in about two weeks. Community Development Director Turnblad informed the Council that the jurisdictional review for the 2040 Comprehensive Plan is completed. After a public hearing, the Council may formally adopt the Plan and then it can be submitted to the Metropolitan Council by May 31. City Administrator McCarty presented the 2018 City Annual Report. He reminded the Council of the April 26‐27 Annual Mayors’ Conference in Stillwater; the April 24 Annual State of the City address by Mayors of Bayport, OPH and Stillwater; and the League of Minnesota Cities Annual Conference in June. Starting next week, the dome at the St. Croix Valley Recreation Center will be deflated for at least four to six months while it and the field turf are replaced. Library Director Troendle announced that the library has launched a revamped newsletter. CONSENT AGENDA April 2, 2019 regular, recessed and closed session meeting minutes Payment of Bills Parks & Recreation Commission New Member Stephanie Souter Appointment St. Michael’s Fun Fest Temporary Liquor License Case 2019‐07 to consider a request by Dan Thurmes, applicant and Michelle and Scott Lindquist, property owners of 7817 Newberry Ct for consideration of amending the Stillwater City Code Section 31‐300 entitles establishment of districts by rezoning property to RA, One‐family residential, Ordinance 1122 Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Ordinance amending City Code Section 33‐5: Minimum Standards for Construction and Reconstruction of Driveways. Community Development Director Turnblad stated the proposed Ordinance establishes: 1) a maximum residential driveway width of 16’ between the property line and the back of City Council Meeting April 16, 2019 Page 3 of 8 curb; and 2) a minimum standard for paver driveways of 6” of class 5 as base and 1” of sand as sub base to handle runoff. Existing driveways are grandfathered and allowed to continue as they are. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Collins, seconded by Councilmember Polehna, to approve first reading of an Ordinance amending City Code Section 33‐5, Minimum Standards for Construction and Reconstruction of Driveways. All in favor. CPC Case No. 2019‐05 to consider amending the Short Term Home Rental Ordinance. Community Development Director Turnblad told the Council the short term home rental (STHR) licensing program is working well, but staff believes that a few changes to the ordinance would make it clearer. He stated that the Planning Commission tabled the hearing for more information regarding fines and background checks. Sta ff requests the City Council table the hearing until May 7 to allow the Planning Commission to make a recommendation. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to table first reading of an Ordinance amending the Short Term Home Rental Ordinance to May 7. All in favor. To consider issuance, sale and delivery of Senior Housing Revenue Bonds by the City of Bethel for Birchwood Landing at the Lakes at Stillwater Project. Sofia Lykke, of Kennedy and Graven, Chartered, bond counsel to City of Bethel, explained that the $15 million to be received from the sale of bonds is to be applied by the borrower to finance a senior housing project in Stillwater. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2019‐050, approving the issuance by the City of Bethel of Revenue Bonds under Minnesota Statutes, Chapter 462C, as amended, to finance the costs of a multifamily housing development to be constructed in the City of Stillwater to be owned and operated by Birchwood Landing, LLC; approving a housing program with respect thereto; and taking certain other actions. All in favor. UNFINISHED BUSINESS Case 2019‐08 to consider a request by Mark Guenther of Fenway Land Company, LLC, property owner of 8393 and 8313 Marylane Avenue North for the consideration of amending the Stillwater City Code Section 31‐300 entitled establishment of districts by rezoning property to RB, Two‐family residential and approving the Development Agreement for Marylane Meadows. Community Development Director Turnblad stated that Mark Guenther, Fenway Land Company, plans to develop two small acreage parcels at 8313 & 8393 Marylane Avenue North with a total size of 4.49 acres. The preliminary plat for the 11 lot single‐family project was considered by the Planning Commission on January 23, 2019 and conditionally approved by the City Council on February 5, 2019. On March 27 the Planning Commission recommended approval of the rezoning and the vacation of underlying drainage and utility City Council Meeting April 16, 2019 Page 4 of 8 easements. On April 2 the City Council approved the final plat, easement vacations and first reading of the rezoning. Staff recommends approval of: 1) the second reading of the ordinance to rezone the property from AP, Agricultural Preservation to RB, Two‐Family Residential; and 2) the Development Agreement. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Ordinance 1123 amending the Stillwater City Code Section 31‐300 entitled Establishment of Districts by rezoning property to RB, Two‐Family Residential, Case No. 2019‐08. All in favor. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2019‐051, a resolution approving the development agreement for Maryland Meadows, Case No. 2019‐08. All in favor. NEW BUSINESS Plans & Specs for the 2019 Street Improvement Project Public Works Director Sanders reported that plans and specifications for the 2019 Street Improvement Project are near completion. In response to concerns from property owners, the sidewalk proposed for the east and west end of Triangle Park has been removed from the project, and sidewalk will be installed on the west side of Sixth Avenue South from Triangle Park to the existing sidewalk on the north side of Churchill Street. Staff recommends approval of the plans and specifications and authorization to advertise for bids. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2019‐052, approving plans and specifications and ordering advertisement for bids for 2019 street improvement project (Project 2019‐02). All in favor. 2019 Sidewalk Rehabilitation Project Feasibility Report Public Works Director Sanders presented the sidewalk rehabilitation project proposed for 2019. The criteria for inclusion is sidewalks that are severely cracked, heaved, settled, or misaligned. Inspection for this year focused along Main Street, with other areas added. There are 55 properties. The estimated construction cost of the sidewalk portion including removal, replacement, and restoration is $86,767. It is proposed to assess 50% of the sidewalks costs at an assessment rate of $8.85 per square foot. The remaining share would be paid for by the City. Staff recommends that the Council accept the feasibility report and order a public hearing for May 7. Construction would occur during the summer and the assessment hearing in October. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2019‐053, resolution receiving report and calling hearing on 2019 Sidewalk Rehabilitation Project (Project 2019‐06). All in favor. Consultant Services for ADA Transition Plan Public Works Director Sanders stated that the Americans with Disabilities Act (ADA) requires that the City develop an ADA Transition Plan that identifies obstacles within the public Right of Way (ROW), how and when to fix them. The City solicited proposals for City Council Meeting April 16, 2019 Page 5 of 8 engineering services to develop the Plan and two proposals were submitted. Staff recommends the Council approve the engineering services of SRF Consulting. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2019‐054, accepting proposal and awarding contract for Engineering Services for the City of Stillwater ADA Transition Plan (Project 2019‐05). All in favor. Waiver of Trolley Parking Fee Community Development Director Turnblad informed the Council that Dick Zimmerman of Stillwater Trolley is requesting the Council waive the 2019 fee for reserving two on‐street parking spots at Nelson Street ($1,290) to help him recover the costs he incurred when he had to move the trolley’s ticket office for construction of the flood levy ($1,400). Dick Zimmerman indicated his business was the only business that really had to move anything due to the flooding. He would like the City to waive his parking fee to offset the cost. Councilmember Polehna asked about the land use agreement for the ticket office; and Mr. Turnblad answered that the City inherited a Conditional Use Permit (CUP) for the trolley sales office when the property was transferred to the City from the railroad. There was no provision for payment. Mayor Kozlowski praised the business, but told Mr. Zimmerman the City still must charge him for use of the parking spots. Councilmembers agreed. Demolition Designation Study Community Development Director Turnblad informed the Council that on April 3, the Heritage Preservation Commission (HPC) denied the demolition of the residence located at 615 Broadway Street South on the basis that the structure is a historic resource because it is associated with significant events or periods that exemplify broad patterns of cultural, political, economic or social history. The Commission concluded there is a feasible alternative to demolition. Therefore, it automatically comes to the Council for a decision on whether to order a designation study at City cost. A designation study involves a historian determining whether or not the property meets the necessary criteria for being designated as a local historic property. If the Council does not order the designation study, then the City will issue the demolition permit. Staff recommends that the Council order a designation study for the structure. Mr. Turnblad added that the City Planner informed him that there was considerable discussion about shortcomings in the demolition ordinance that make it difficult for the HPC to make a recommendation. The HPC is looking at possible revisions to clarify the ordinance. Councilmember Polehna agreed the demolition ordinance is awkward and confusing. He would like to modify the ordinance to make it work. He added that he has researched this house, knows the previous owners and the neighbors. Three‐fourths of the home consists of additions and the trusses are rotted. He questioned what is historic about the house, simply its age or was there a notable resident at one time? He feels the designation study is a waste of $5,000. Councilmember Junker pointed out that a block down the street is a house that is on the National Register of Historic Homes. He realizes the structure is not in A‐1 condition but the City Council Meeting April 16, 2019 Page 6 of 8 timber in the house is not used today. He agreed that the demolition ordinance needs to be upgraded and refined but he can’t in good conscience vote to demolish the house. Mayor Kozlowski acknowledged that sometimes, Council denial of a demolition permit has resulted in renovation of a historic home into a beautiful structure. He agreed that the Council, staff and HPC should revisit the ordinance. Mr. Turnblad pointed out that a work session is scheduled for May 7 to talk about big picture items like the demolition ordinance. Motion by Councilmember Junker, seconded by Councilmember Collins, to order a designation study for the structure at 615 Broadway Street South. Motion passed. Ayes: Councilmembers Collins, Junker, Weidner and Mayor Kozlowski Nays: Councilmember Polehna. Downtown Parking Capacity Study Community Development Director Turnblad reported that the Downtown Parking Commission (DTPC) is preparing to undertake a study of the downtown parking system to identify strategies for improving the capacity of the system without major capital investments. Some of the elements are how to facilitate downtown employees parking in spaces that are not the prime customer spaces, and wayfinding to show drivers where to park to improve the efficiency of the existing spaces. Lance Bernard of HKGi was engaged to draft a scope of work for the study. The DTPC recommends that the City Council adopt the scoping document and direct staff to circulate it among public parking system professionals for proposals and qualifications. Mayor Kozlowski indicated that in addition to discouraging employees from parking in prime spots, another goal should be to give employees easy options for parking that don’t break the bank. Mr. Turnblad stated the study will look at the employee parking situation and the options for better serving customers while not ignoring the employees. The DTPC also would like to better understand how applications for redevelopment or development from scratch will affect existing parking at that site and surrounding area. Councilmember Junker commented that for the last three years with the advent of the new bridge, the DTPC has tried to be proactive. The issue of how many people are working downtown that are taking up parking spaces keeps coming up. The DTPC is trying to be proactive but needs the data and the resources to move forward. Mayor Kozlowski urged that the study include consideration of the people who live downtown. Councilmember Weidner inquired how this study become a priority when staff has a long work list. There are many work items that are postponed because staff is too busy; and Mr. Turnblad responded that for the DTPC it is a priority because they have been dealing with the parking system where 20% of the public parking spaces have been assigned to parking mitigation, which the DTPC considers to be near max capacity. They are at the point where they want to deny additional business expansion due to the parking situation. City Council Meeting April 16, 2019 Page 7 of 8 Councilmember Weidner acknowledged that the City keeps denying projects like the Armory on the basis of parking, but he does not understand how this item jumps ahead of other work. He asked what work items would remain undone if the parking study is ordered; and Mr. Turnblad answered that he has shared the Community Development Department work plan, which lists this as a 2019 project. But he agreed that just because it is the DTPC’s highest priority does not mean it is the City’s priority as a whole. Councilmember Polehna also questioned what work projects would be given up to do this. Mayor Kozlowski stated he does not want to postpone the study knowing the Council has a strategic planning session coming up, but he agreed with Councilmember Weidner that there should be a way to manage these types of requests before they get to the Council. Mr. Turnblad stated he thought he did that when he brought the work plan to the Council. Councilmember Weidner stated if the parking study is on the 2019 plan, then everything else should be accomplished also and the Council should not be waiting for anything. Mr. Turnblad explained the issue is that the City is at capacity in its parking system. He will bring the work plan to the next Council meeting again. He cannot guarantee everything on the list will be accomplished. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt the scoping document for the Downtown Parking Capacity Study and direct sta ff to circulate it among public parking system professionals for proposals and qualifications. Motion passed. Ayes: Councilmembers Collins, Junker and Mayor Kozlowski Nays: Councilmembers Weidner and Polehna. Chestnut Street Lease Agreement Community Development Director Turnblad informed the Council that with the new St Croix River Crossing and the conversion of the historic lift bridge to a pedestrian and bicycle facility, the Downtown Chapter of the Draft 2040 Comprehensive Plan shows the re‐use of Chestnut Street between Main and the lift bridge concourse as a civic plaza. The existing street right‐of‐way will remain in the possession of the Minnesota Department of Transportation (MnDOT) in order to provide access to the lift bridge for lift operation and maintenance purposes but no longer needs to accommodate public vehicular traffic. Therefore, MnDOT will lease the property to the City. MnDOT and City staff have been working for about a year on the terms of the lease. The City would be allowed to develop it as a civic plaza. The City could sponsor events in the plaza and sell merchandise and alcohol. The City would hold the permit and could find another entity to do the vending. But private organizations could not hold events there due to State law. The lease is in final draft form. Staff recommends approval. Councilmember Junker inquired if the lease term could start sooner than 2021; and Mr. Turnblad responded there is a plan for the civic space to be completed in 2020 or 2021. The bonding dollars are available to use in 2022. If the City wishes to use the concourse and bridge itself, the City still would have to request permission from MnDOT but if it is just the leased area that would not be required. City Council Meeting April 16, 2019 Page 8 of 8 Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2019‐055, resolution approving Commercial Lease of Chestnut Street Right‐of‐Way. All in favor. Councilmember Polehna stated he still wants to investigate a turn‐back of the property to the City. Roads are turned back all over the state of Minnesota. COUNCIL REQUEST ITEMS Mayor Kozlowski noted the Council evaluated the City Administrator in closed session before this meeting and Mr. McCarty is doing a wonderful job. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:50 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2019‐050, approving the issuance by the City of Bethel of Revenue Bonds under Minnesota Statutes, Chapter 462C, as amended, to finance the costs of a multifamily housing development to be constructed in the City of Stillwater to be owned and operated by Birchwood Landing, LLC; approving a housing program with respect thereto; and taking certain other actions Resolution 2019‐051, a resolution approving the development agreement for Maryland Meadows, Case No. 2019‐08 Resolution 2019‐052, approving plans and specifications and ordering advertisement for bids for 2019 street improvement project (Project 2019‐02) Resolution 2019‐053, resolution receiving report and calling hearing on 2019 Sidewalk Rehabilitation Project (Project 2019‐06) Resolution 2019‐054, accepting proposal and awarding contract for Engineering Services for the City of Stillwater ADA Transition Plan (Project 2019‐05) Resolution 2019‐055, resolution approving Commercial Lease of Chestnut Street Right‐of‐ Way Ordinance 1122, an ordinance amending the Stillwater City Code Section 31‐300 entitled Establishment of Districts by rezoning property to RA, One‐Family Residential, Case Number 2019‐07 Ordinance 1123, an ordinance amending the Stillwater City Code Section 31‐300 entitled establishment of districts by rezoning property to RB, Two‐Family Residential, Case Number 2019‐08 Page 1 LIST OF BILLS Advance Auto Parts Auto maint supplies 527.81 AdvantageHealth Corp Biometrics & health risk assessments 2,121.00 Amano McGann Inc Gate arm 155.00 Amdahl Locksmith Inc Chris Electronic locks 2,399.00 Ancom Communication Inc. Public works radios 16,000.00 Animal Humane Society Pound charges 337.00 Aspen Mills Uniforms 1,696.25 Berg Bag Company Sandbags ‐ flood 7,980.00 Blue Tarp Financial Equipment repair supplies 96.19 Board of Water Commissioner WAC Charges 6,138.00 Boyer Trucks Equipment repair supplies 2,350.78 CalAtlantic Homes Grading Escrow Refunds 3,000.00 CDW Government Inc. Supplies 84.86 Century Link Telephone 95.08 Century Power Equipment Equipment repair supplies 5.48 Cintas Corporation Uniforms & mat cleaning 542.69 City of St. Paul Asphalt 543.55 Cole Papers Janitorial supplies 193.43 Comcast Internet & Voice 322.55 Coverall of the Twin Cities Commercial cleaning services 540.00 Dalco Janitorial supplies 2,790.98 ECM Publishers Publications 575.25 Element Materials Technology Pioneer Park Bathrooms 380.00 Emergency Automotive Vehicle repair charges 6,207.60 Environmental Equipment & Services Equipment repair supplies 54.84 FleetPride Equipment repair supplies 214.98 Fraley Thomas Equipment repair supplies 85.00 Fuhr Trenching Storm sewer repairs 4,970.00 Galls LLC Uniforms Gannaway 192.20 Gertens Wholesale Fertilizer 5,788.74 Goodyear Commercial Tire Tires 311.01 Gopher State One Call Inc. Locates 390.15 Grainger Recycling containers 22.08 Greiner Michael Reimburse for mileage 153.00 Hadrits Angie Reimburse for technology 527.49 Haussner Plumbing LLC Pioneer Park Bathrooms 34,109.00 Hildi Inc Actuarial Disclosures 480.00 Holiday Companies Vehicle washes 325.00 ICMA Membership 1,231.00 JBG Design & Development Refund final PUD CPC 2019‐11 2,000.00 Junker Brad Reimburse for parking 15.00 Kiesler Police Supply Glock 17 Gens Pstl 9mm 882.00 Kollin Ann Mari Park Fee Refund 100.00 League of MN Cities Conference 550.00 Loffler Companies Support renewal 802.50 MacQueen Equipment Inc. Equipment repair supplies 556.30 Page 2 Mansfield Oil Company Fuel 10,132.03 Marchetti Joe Reimburse for work boots 149.00 Marshall Electric Company Vet Memorial parking lot light repair 1,846.00 Menards Tools & supplies 3,244.06 Metropolitan Council Monthly SAC 15,185.90 Metropolitan Mechanical Contractors Maintenance agreement 2,162.00 Midway Ford 2019 Ford F150 D35131 20,185.92 MN Dept of Public Safety Tabs ‐ Unmarked 71.00 MN Fire Srv. Cert. Board Firefighter training 1,120.00 MP Nexlevel LLC Locating 893.75 MTI Distributing Filter 53.77 NAPA Auto Parts Equipment repair supplies 251.27 Nuss Truck & Equipment Equipment repair supplies 1,055.45 Office Depot Office supplies 204.26 O'Neill Electric Pioneer Park Bathrooms 8,625.00 OnSite Sanitation Portable Restroom 630.84 O'Reilly Auto Parts Equipment repair supplies 172.02 Otis Elevator Company Elevator Contract City Hall 6,794.96 Performance Plus LLC Drug screen 45.00 Peterson Austin Reimburse for traffic vest 34.99 Pioneer Press St. Paul Subscription 186.84 Pro‐Tec Design City Hall Project 791.84 Pullen Annette Marie Therapy 450.00 PX Products LLC Glass cleaner 138.00 Quill Corporation Coffee and Lysol 135.59 Rehn Code Consulting Services Plan review 3,763.28 RG Construction Grading Escrow Refunds 6,000.00 Safe Fast Inc Marking paint 51.00 Safety Signs Equipment rental ‐ Barricades ‐ flood 15,000.00 Sherwin Williams Equipment ‐ Line stripper 12,661.94 Siegfried Construction Company George Pioneer Park Bathroom 219,306.08 Simplifile LC Filing fees 150.00 Spartan Promotional Group Police order signs 343.39 St. Croix Boat and Packet Co. Ramp cleaning 810.00 Stillwater Motor Company Vehicle repair charges 419.12 Stillwater Towing Tow service 350.00 Stonecutters Harbour LLC Refund Tech Fee ‐ CPC 2019‐20 25.00 T.A. Schifsky and Sons Aggregate 3,076.64 Tibbets Shirley Reimburse for thawing of manhole & main pine 450.00 TJB Homes Inc Grading Escrow Refund 1,500.00 Tri‐State Bobcat Equipment repair supplies 1,647.83 Tri‐State Pump and Controls Inc. Oak Ridge lift station repairs 560.00 Truck Utilities Inc. Vehicle equipment 1,626.00 Valley Trophy Inc. Name plates 30.00 Verizon Wireless MN State contract mobile broadband 630.20 Veterans Memorial Super Valu Parking 4,347.00 Walmart Community SD 200G for drone flood footage 57.85 Washington Conservation Distr Shared Educator 675.00 Page 3 Washington County Hazardous Waste Hazardous waste collection program 761.00 Washington County License Center 2019 F150 Pickup Registration 1,359.53 Washington County Taxation Division 2019 Special Assessment Billing 5,445.00 Wicker Steve Reimburse for work boots 160.00 WS&D Permit Service Refund 80% permit fee 223.40 Zubert Michele Ramp Refund 70.00 REC CENTER AE2S Construction Dome Project 6,670.13 Becker Arena Products Caster 4 wheel 130.00 Brady Doug Reimburse for mileage to Ammonia House 101.48 Canteen Refreshment Services Coffee & supplies for concessions 458.90 Cintas Corporation Mat cleaning service 154.50 Coca‐Cola Distribution Beverages for concessions 266.16 Ebert Construction Dome Project 2,166.00 Goodin Company Equipment repair supplies 89.55 HDR Architecture Dome Project 3,099.48 Holiday Credit Office Fuel 33.63 Ice Skating Institute Show/Exhibition 25.00 J.H. Larson Company Equipment repair supplies 870.01 Menards Equipment repair supplies 646.92 Metro Sheet Metal Inc Dome Project 10,260.00 Pepsi Beverages Company Beverages for concessions 287.38 Riedell Shoes Inc. Skates 460.62 St. Croix Boat and Packet Co. Arena billing 59,210.82 Summit Companies Dome Project 2,294.25 Viking Auto Sprinkler Co. Annual inspection 1,200.00 Wasche Commercial Finishes Dome Project 66,213.81 LIBRARY Ace Hardware Janitorial Supplies 129.21 Amdahl Locksmith Inc Chris Locksmith ‐ Keys cut 207.60 Brodart Co Materials 7,561.67 Cintas Corporation Mat & towel cleaning service 69.44 Dell Marketing L.P. Library IT Project 1,116.81 Demco Inc. Processing Supplies 96.66 ECM Publishers Custodial Sub Job Posting 415.00 Floyd Total Security Maintenance Agreements 178.20 Illinois Library Association SPLF Programs 360.58 Jacobsen Aurora Staff Reimbursement 57.66 Loffler Companies Library IT Project 87.50 Malwarebytes Library IT Project 569.80 Menards Janitorial Supplies 18.99 Mercury Electric Electrical Repairs 1,379.94 Midwest Tape Materials 140.93 Office of MN IT Services Telephone March 138.50 Page 4 Quill Corporation Supplies 98.27 Sarah Keister Armstrong & Associates LLC Strategic Plan 10,000.00 Stillwater Medical Group Drug Screening 166.00 Thorager Natasha Programs 540.00 Toshiba Business Solutions Maintenance Agreements 44.47 Receipt Num&er i <g ff;_'t5 Check No. 0 Ji/-'3~ Amount Paid: /Coe~' Fee: $100.00 APPL/CATION FOR SALE OF FIREWORKS APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL & INSPECTION BY THE FIRE DEPARTMENT Name of Applicant. __ T_A_R_G_E_T_#_93_1 __________________________ _ Home Address _________________________________ _ Name of Business __ T_AR_G_E_T_#_9_3_1 --------------------------- Business Address 2021 MARKET DRIVE, STILLWATER MN, 55082 Corporate Address (if different than business address) ___________________ _ Telephone (Business): __ t..,_-c __ >_\_··',---'-'-s_(_l ·_t_·_2-_c-f_L _____ Home Phone ____________ _ Beginning Date of Sale: 0412212019 End Date of Sale: 07/08/2019 Hours of Operation: ___ _ Location of Display INSIDE THE STORE@ TARGET #931 REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee -$100.00 2. Proof of bond or certificate of insurance in an amount of not less than $1,000,000.00 showing the City of Stillwater as an additional insured. 3. A diagram of the grounds or facilities (for indoor sales) drawn to scale or with dimensions included. _ .,1_ _ . f. ·} -J ·--t_Ja.~~ 01 fti.~U- Signature of plicant (oJ7gent) Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 FOR OFFICE USE ONLY The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of Fire Chief: __________________ Date: __________ _ The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to the following conditions if any: Signature of Police Chief: _________________ Date: __________ _ The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of City Clerk: __________________ Oate: __________ _ Approval Date of Stillwater City Council:------------ Permit No.: ______________________ _ ACORD® CERTIFICATE OF LIABILITY INSURANCE 11/1/2019 I DATE (MM/DD/YYYY) ~ 11/1/2018 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 3280 Peachtree Road NE. Suite #250 PHONE I FAX (A/C No Ext\: fA/C Nol: Atlanta GA 30305 E-MAIL (404) 460-3600 _M>~KI;_~~: __ ------------ INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Everest Indemnity Insurance Company 10851 --------·· INSURED American Promotional Events, Inc. INSURER B: 1359629 -- DBA TNT Fireworks. Inc. INSURER C: P.O. Box 1318 INSURER D: 45 l l Helton Drive ----- INSURER E: Florence J\L 35630 - INSURER F: COVERAGES CERTIFICATE NUMBER: 12292513 REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . . -INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,,,., ""'D POLICY NUMBER fMM/DD/YYYYI IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY N N Sl8GL00242-l 8 I ll/l/201X 11/1/2019 EACH OCCURRENCE $ 1.000 000 -n CLAIMS-MADE [xJ OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence\ $ 500 000 i I MED EXP (Any one person) $ 5 000 I I ~ ! r--PERSONAL & ADV INJURY $ 1.000 000 GEN'L AGGREGATE LIMIT APPLIES PER: I I GENERAL AGGREGATE $ 2 000 000 n POLICY =i PRO-[Kl LOC I r PRODUCTS -COMP/OP AGG $ 2 000 000 ~ , JECT I OTHER $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ xxxxxxx ~---ANY AUTO I I /Ea accident\ BOOIL Y INJURY (Per person) $ xxxxxxx ~ OWNED SCHEDULED I ! ' BOOIL Y INJURY (Per accident) $ AUTOS ONLY AUTOS I xxxxxxx ~ HIRED NON-OWNED PROPERTY DAMAGE $ xxxxxxx AUTOS ONLY AUTOS ONLY /Per accident I - $ xxxxxxx UMBRELLA LIAB I I OCCUR NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx - EXCESS LIAB CLAIMS-MADE AGGREGATE $ xxxxxxx OED I I RETE~TION $ $ xxxxxxx WORKERS COMPENSATION NOT APPLICABLE I PER I I OTH-STATUTE ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ xxxxxxx OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ xxxxxxx If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ xxxxxxx DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is an additional in"11nl on the General Liability as required by written contract subject to policy terms, conditions. and exclusions. CERTIFICATE HOLDER 12292513 TARGET 0931 CITY OF STILLWATER 2021 MARKET DRIVE STILLWATER MN 55082 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENT~1:IYJ ) ~ '----''-----------'-~-J/. Jt,~"'_..,.....__ _ __, © 1988-2~RD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Wholesale Distributor OC TNT FIREWORKS Account No Date 1410006 02/25/2019 Location TAR0931 Projected Order TNTOOC HOWARI Sold To: TARGET -CORPORATE 00001 PO BOX 1296 Ship To :TARGET 0931 MINNEAPOLIS MN 55440 2021 MARKET DRIVE STILLWATER MN 55082 Qty Tota Item_No _______ Description _______________________________ Cases _____________ Weigh *********************** ASSORTMENTS 102023 STORM SHOCK USA PDQ SS JlO 102309 102533 102536 LIGHTNING BLAST SS AM BOX J13 THUNDER BOOM ALL-CT SS J18 MEGA STORM ALL-CT SS BOX J18 *********************** BASE FOUNTAINS 200722 SUPER VALUE PACK REV J09 *********************** GROUND SPINNERS 290157A GROUND BLOOM FLOWER 20 CT BOX *********************** NOVELTIES 320674 320676 FDP 2 PAK SNAP 160 J19 2 PAK SNAP 4 PDQS J19 *********************** SPARKLERS 380236B 380247A 380303 #8 SPARKLER ASST(90) FDP J12 #8 SPARKLERS ASST 2 PDQS J14 #20 NEON SPARKLERS J17 380323 #20 CELEBRATION SPK BLUE J19 *********************** COUNTER CASES 673835B 102023 102024B 102309 102536 200722 200924F 201183 201247 201249 201250 201253 290157A 320516J 351052 380247A DSP TAR SS J19 NR #3 STORM SHOCK USA PDQ SS JlO THUNDER BOOM USA SS J12 WO PDQ LIGHTNING BLAST SS AM BOX J13 MEGA STORM ALL-CT SS BOX J18 SUPER VALUE PACK REV J09 SHORT STACK JALAPENO POPPER YP PDQ MAD TROLLS WHIMSY J18 TACO TUESDAY KOOL KAT GROUND BLOOM FLOWER 20 CT BOX 2 PAK SNAP 4 PDQS J14 SMOKE BALLS BOX OF 8 J12 #8 SPARKLERS ASST 2 PDQS J14 *********************? 1 30.00 LB! 2 92.59 LB! 1 20.00 LB! 1 51. 00 LB! *********************? 1 18.00 LB! *********************? 1 17.00 LB! *********************? 2 40.00 LB! 7 126.00 LB! *********************? 2 46.00 LB! 1 18.95 LB! 1 21.00 LB! 1 17.10 LB~ *********************? 1 37.50 LB! 48.00 LB! 65.59 LB! 65.00 LB~ 9.00 LB! 6.29 LB~ 3.33 LB! 29.76 LB! 16.50 LB! 12.00 LB~ 12.00 LB! 8.50 LB! 22.50 LB! 7.83 LB! 28.43 LB! 380303 380320 380323 730644E #20 NEON SPARKLERS J17 MORNING GLORY #12-8PK J19 #20 CELEBRATION SPK BLUE J19 SIGN NFPA SM FRWKS NO SMOKING 21.00 LB! 12. 50 LB! 17 .10 LB! *********************** PROMOTIONAL SUPPLIES *********************? 730148 730644E WATER CAN EXTINGUISHER SIGN NFPA SM FRWKS NO SMOKING TOTAL CASES TOTAL WEIGHT OF FIREWORKS TOTAL WEIGHT OF NOVELTIES TOTAL NEC 22 554. 57 LB~ 365. 90 LB~ 138. 64 LB! TNT® FIREWORKS Site Plan Worksheet ADDRESS ·2,o 2. I IY\tU ¥Lt Dv fft. CITY c;,tl\lVJC:-\.}t'.\/ STATE N\ N ZIP ~iGC>~ 1---PHONE l~F:7l-Lf3'{L231. STORE NAME/ LOCATION# _ . ./_.__t _lt_:{--'0~1--· _1----=()_>q_3_j ______________ _ TYPE OF EVENT: In-store retail sales of state-approved fireworks NORTH ~ ~i~. ~ SPECIAL INSTURCTIONS ____________________ ~_,"..c...' _____ _ SOUTH iltwater Receipt Number jf J {e ~ Check No. ID Jt./ , j 3, Amount Paid: / cJ c, u<f Fee: $100.00 RECEIVED THE llllTHPLACE OF MINNESOTA APPL/CATION FOR SALE OF FIREWORKS APR 2 3 2019 City of Stillwater APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SAL9>.dmin1-,tfatlaR REQUIRES CITY COUNCIL APPROVAL & INSPECTION BY THE FIRE DEPARTMENT Name of Applicant CUB FOODS -STILLWATER Home Address ________________________________ _ Name of Business __ c_u_B_F_O_O_D_S __________________________ _ Business Address 1801 MARKET DRIVE, STILLWATER, MN 55082 Corporate Address (if different than business address) ___________________ _ Telephone (Business): "7"?D l.\ >O --"1-5r-i0 Home Phone ____________ _ Beginning Date of Sale: 05/06/2019 End Date of Sale: 07/08/2019 Hours of Operation: Ope'" 2'-l /-b,.u1 Location of Display INSIDE THE STORE@ CUB FOODS REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee -$100.00 2. Proof of bond or certificate of insurance in an amount of not less than $1,000,000.00 showing the City of Stillwater as an additional insured. 3. A diagram of the grounds or facilities (for indoor sales) drawn to scale or with dimensions included. ..td! 1 ,Z _S ..... ig...,_nib&?i,Y.u_re_o~ .... A"""p-"--p=--li-'-ca-1-+-t-(o_r_a_g_e_n-t) ______ _ Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 FOR OFFICE USE ONLY The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of Fire Chief-__________________ Oate: __________ _ The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to the following conditions if any: Signature of Police Chief-_________________ Date: __________ _ The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of City Clerk: ___________________ Date: __________ _ Approval Date of Stillwater City Council:------------ Permit No.: ______________________ _ ACORD® CERTIFICATE OF LIABILITY INSURANCE 11/1/2019 I DATE (MM/DD/YYYY) ~ 11/1/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 3280 Peachtree Road NE, Suite #250 PHONE I FAX /A/C No Extl: IA/C Nol: Atlanta GA 30305 E-MAIL (404) 460-3600 ~RESS: ··---· INSURER($) AFFORDING COVERAGE NAIC# INSURER A: Everest Indcmnitv Insurance Comoanv 10851 INSURED American Promotional Events, Inc. INSURER B: 1359629 OBA TNT Fireworks, Inc. INSURER C: P.O. Box 1318 INSURER D: 4511 Helton Drive INSURER E: Florence AL 35630 INSURER F: COVERAGES CERTIFICATE NUMBER: 12292506 REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD wvn POLICY NUMBER /MM/DD/YYYYl /MM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY N N SJ8GL00242-l 8 l 11/1/2018 11/1/2019 EACH OCCURRENCE $ 1 000 000 -:=J CLAIMS-MADE [iJ OCCUR DAMAGE IO RENTED PREMISES /Ea occurrence l $ 500.000 -MED EXP (Any one person) $ 5 000 PERSONAL & ADV INJURY $ 1 000 000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 000 000 ~ DPRO-[x] LOG PRODUCTS -COMP/OP AGG $ 2 000 000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ xxxxxxx ~-/Ea accident) ANY AUTO BODILY INJURY (Per person) $ xxxxxxx I----------- OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ xxxxxxx f-·-HIRED -NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY !Per accident! $ xxxxxxx ---- $ xxxxxxx UMBRELLA LIAB H OCCUR NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx - EXCESS LIAB CLAIMS-MADE AGGREGATE $ xxxxxxx OED I I RETENTION $ $ xxxxxxx WORKERS COMPENSATION NOT APPLICABLE I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ xxxxxxx OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ xxxxxxx If yes, describe under E.L. DISEASE -POLICY LIMIT $ xxxxxxx DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is an additional insured on the General Liability as required by written contract subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER 12292506 CUB FOODS WEST 30254 CITY OF STILLWATER 1801 MARKET DRIVE STILLWATER MN 55082 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. All rights reserved. Wholesale Distributor OC TNT FIREWORKS Account No Date 1356949 02/25/2019 Projected Order Location CB130254 TNTOOC HOWARI J: Sold To: SUPERVALU -CUB FOODS PO BOX 125 MINNEAPOLIS MN 55440 Ship To :CUB FOODS WEST 30254 1801 MARKET DRIVE STILLWATER MN 55082 Qty Tota Item_No _______ Description _______________________________ Cases _____________ Weiqh *********************** NOVELTIES 320674 FDP 2 PAK SNAP 160 J19 *********************** SPARKLERS 380325 FDP #8 SPARKLER ASST(90) J19 *********************** COUNTER CASES 673817A DSP SS WKFN VRTY 5040 J19 #2 101831A 101832A 101833C 102073C 200573U 200722 200913 200924F 201183 201249 201250 201251 201253 290157A 320474 351052 730644E 730659 673818A 101831A 101832A 101833C 102073C 200573U 200924F 201183 201249 201250 SHOW OF FREEDOM USA SS J09 FREEDOM RINGS SS USA J09 STARS AND STRIPES SS CT J13 BOOMIN SALUTE SS CT J13 LASER RAINBOW W/YP SUPER VALUE PACK REV J09 SET IT OFF CT J11 SHORT STACK JALAPENO POPPER YP PDQ WHIMSY J18 TACO TUESDAY HAPPY TROLLS J18 KOOL KAT GROUND BLOOM FLOWER 20 CT BOX CRACKLING SALUTE J07 SMOKE BALLS BOX OF 8 J12 SIGN NFPA SM FRWKS NO SMOKING PALLET WRAP RED J13 DSP SS WKFN 5040 VRTY HALF19#2 SHOW OF FREEDOM USA SS J09 FREEDOM RINGS SS USA J09 STARS AND STRIPES SS CT J13 BOOMIN SALUTE SS CT J13 LASER RAINBOW W/YP SHORT STACK JALAPENO POPPER YP PDQ WHIMSY J18 TACO TUESDAY *********************~ 1 20.00 LB! *********************~ 1 23.00 LB! *********************~ 1 76.00 LB! 61.25 LB! 78.37 LB! 55.63 LB! 12.50 LB! 12.00 LB! 11.19 LB! 25.15 LB! 6.67 LB! 38.50 LB! 12.00 LB! 13.23 LB! 12.00 LB! 34.00 LB! 9.92 LB! 15.65 LB! 1 30.40 LB! 21. 88 LB! 39.19 LB! 55.63 LB! 12.50 LB! 12.57 LB! 3.33 LB! 12.83 LB! 6.00 LB! 201251 HAPPY TROLLS J18 13.23 LB~ 201253 KOOL KAT 6.00 LB~ 290157A GROUND BLOOM FLOWER 20 CT BOX 17.00 LB~ 320474 CRACKLING SALUTE J07 4.96 LB~ 351052 SMOKE BALLS BOX OF 8 J12 7.83 LB~ 730644E SIGN NFPA SM FRWKS NO SMOKING 730659 PALLET WRAP RED J13 --------------------------------------------------------------------------------- TOTAL CASES TOTAL WEIGHT OF FIREWORKS TOTAL WEIGHT OF NOVELTIES TOTAL NEC 4 693. 93 LB~ 66.48 LB~ 173.48 LB~ TNT® FIREWORKS Site Plan Worksheet ADDRESS 1£0 I /11\t1~-t-Or. STATEM~_N _____ ZIP 5SD£ l-PHONE {bs-1\ ··no--"2~'70 STORE NAME/ LOCATION# C~b Sf--; 1\Wl..\..e, /Ila IL ) TYPE OF EVENT: In-store retail sales of state-approved fireworks A ;~\-e \ () , I Li F , vt "'-C•' ~ l i+e.-e NORTH SOUTH L SPECIAL INSTURCTIONS ________________________ _ SIGNATURE 4~ STOREMANAiR / TNT® Representative Date: May 1, 2019 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Issuance of New On‐sale & Sunday Liquor License – Norman Quacks DISCUSSION: An application has been received for a new On‐sale and Sunday liquor license for Otherguys LLP DBA Norman Quacks located at 1400 W. Frontage Rd, formally Sweet Taste of Italy which closed in 2017. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval required before staff issue the actual license to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion approving the issuance of a New On‐sale and Sunday Liquor License to Otherguys LLP DBA Norman Quacks contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Public Health and Environment Department, Police, Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement Division. Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE ,....N_am___;;,e....;,o.;_f ,;;.,or'"""""a"""n_iz _at_io_n __________________ ~ Date orga nized Tax exempt number ._s_til_lw_a_te_r_K_n---'ig'-h_ts_o_f_C_o_lu_m_b_u_s _________ ____, .._§_ug"---19_1_2 ___ _.l ..._l23_-_72_3_7_5_69 ___ ____, Address City State Zip Code .___ __ 1_9_1_0 _G_re_e_le_y_S_tr_ee_t_S ______ ___.l .-js"'"'"'til -lw-a-te-r -------.I .._IM_N ____ .,l ._15_5_08_2 __ ___., Name of person making app lication Business phone Home phone ..._!D_an_E_d_e_r ______________ __..l l651-430-3274 11651-491-4044 Date (s) of event Type oforganization D Microd istillery CJ Small Brewer ,_jM_a_y...:.....:..1_6_,_2_0_1_9 ________________ _,I D Club D Charitable LJ Religious O Other non-profit Organization officer's name Cit y State Zip Code !Daniel Eder I !Stillwater IIMN ---~,~5082 ~-----~ Ot:t State I !Stillwater IIMN -------..... Zi.:...p _C_o_de ___ ~ ___ __.l 155082 !Ken Dolney Orga nization officer's name Organization officer's name Ci t y State Zip Code I 11 ----,I .___I _ ___. Orga nization officer's name Cit y State Zi p Code I __ ___.! I.____ _ ___. Location where pe rmit will be used. If an outdoor area , describe New Wash County Historical Society building. 1862 Greeley St S, Stillwater If the applicant will contract for intoxicatihg liquor service giv e the name and address of the liquor license prov id ing the service . Stillwater KC Hall/Stillwater Knights of Columbus If the applicant will carry liq uor liabi lity Insura nc e p lease provide the carrier's name and amount of coverage . Insurance Advisors, inc. $1,000,000.00 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITIING TO ALCOHOL AND GAMBLING ENFORCEMENT City of Stillwater Ct ty or Cou nty apP.r ovmgthe license $25/day = $ a'-5° 0 4!-1 Z ~ bo 0 Date Approved Permit Date bwolf@ci. stillwater. mn. us City or County E-mail Address 651-430-8802 City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY /COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN .US MEMORANDUM TO: Mayor and City Council FROM: L.frl' Shawn Sanders, Pdblic Works Director/ City Engineer DATE: May 3, 2019 SUBJECT: Dog Park Water Service BACKGROUND In 2018, the Friends of Stillwater Dog Park approached the Parks and Recreation Commission requesting a water service for the dog park. Preliminary estimates for the water service ranged from $15,000.00 to $25,000.00 depending on type of material whether it would be a summer service or used all year long and the location from where the water service would come from. The Commission recommended providing a water service to the Dog Park using funds from the Parks Dedication Fund. DISCUSSION The closest water source to the dog park was from the water service for the Jaycee ballfields. We have been in contact with School District about connection to their service and they responded positively. We have decided to only provide "summer service" to where water would be available in the warmer months of the year. Both of items resulted in a lower cost from the preliminary estimate. The new service would be connected at the Jaycee Ballfield concession building and run to just inside the fence at the dog park. One last item was to work with the MPCA, since some of the work is within the area with covenants and restriction due to the soil conditions. This has been all worked out and staff is ready to proceed with the work. We received two quotes for the installatio of the water service with Haussner Plumbing being the low bid of $9,277.00. We would also purchase a fountain from St. Croix Recreation for $2358.80 and a water meter for $1000.00. Total cost of the project is estimated at $12,635.80 RECOMMENDATION Staff recommends approval of the low bid from Haussner Plumbing of $9,277.00, the purchase of the fountain from St. Croix Recreation for $2358.80 and the purchase of a water meter for $1,000.00. Funds will come from the Parks Dedication Fund. ACTION REQUIRED If Council Agrees with recommendation, they should pass a motion approving the work for the Dog park water service and approving the use funds form the Park Dedication Fund to pay for the project. MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Pubrworks Director/ City Engineer DATE: May 3, 2019 SUBJECT: 2019 Hardcourt Reconstruction Discussion The Public Works Department budgeted $122,000 in the Parks Capital Outlay to reconstruct hardcourt surfaces in 2019. It is proposed to reconstruct the tennis courts at Staples Field and the basketball court at Meadowlark Park. The process for this project would include reclaiming the existing bituminous surface, regrading and shaping to drain, new bituminous, court surface, striping and new nets and posts, where needed. The tennis courts at Staple Field would accommodate two permanent pickle ball courts, two temporary pickle ball courts on one tennis court and one permanent tennis court. Staff has received three quotes with Brachman Blacktopping Inc. submitting the low quote of $96,606.00 to do all the work mentioned above. Broch man previously did work for the City on the reconstruction of the Lily Lake tennis courts and performed the work satisfactorily. Recommendation Staff recommends the approval of the low bid from Broch man Blacktopping Inc. of $96,606.00. Funds will come from the Parks Capital Outlay budget. Action Required If council agrees with the recommendation they should pass a motion approving Brachman Blacktopping for the Hardcourt Reconstruction for Staples Field and Meadowlark Park. MEMORANDUM To: From: Mayor and City Counci I 9<" Shawn Sanders , Director of Public Works Date: May 3, 2019 Subject: Stillwater Country Club Drainage Improvement Project Cooperative Agreement DISCUSSION Attached is a cooperative agreement for the Stillwater Country Club Drainage Improvement Project. This project reroutes storm water from the City's storm sewer system at the intersection ofN. Fourth and Sycamore St. to a new infiltration pond facility on the golf property, just east ofN. Fourth Street. By creating a pond, it would reduce sediment flow and phosphorous discharge that would otherwise discharge to the St. Croix River. The project is entirely being funded by the Middle St. Croix WMO, as well as the design, construction and project management. The Country Club would be responsible for the long term maintenance of the pond and the City would be responsible for maintenance of the storm sewer pipe. Along with project, a storm sewer easement is being granted for the storm sewer system on the golf course property. The agreement and the easement has been reviewed by myself and the City Attorney with no reservations. RECOMMENDATION It is recommended that Council authorize the approval Stillwater Country Club Drainage Improvement Project Cooperative Agreement and the Easement for Stormwater Management Facility. ACTION REQUIRED If Council concurs with the recommendation, a motion should be passed approving the 2019- STILL WATER COUNTRY CLUB DRAINAGE IMPROVEMENT PROJECT COOPERATIVE AGREEMENT AND THE EASEMENT FOR STORMW ATER MANAGEMENT FACILITY. COOPERATIVE AGREEMENT STILLWATER COUNTRY CLUB DRAINAGE IMPROVEMENT PROJECT This Cooperative Agreement ("Ag,·eement") is made as of the _ day of ------• 201__, by and among the Middle St. Croix Watershed Management Organization, a joint powers watershed management organization ("WMO"), Stillwater Country Club, Inc., a Minnesota nonprofit corporation ("Club"), and the City of Stillwater, a Minnesota municipal corporation ("City"). The WMO, the Club, and the City may hereinafter be referred to individually as a "party" or collectively as the "parties." I . Background. I. I The parties wish to undertake a cooperative stormwater project to reduce phosphorus discharge into Lake St. Croix ("Lake"). 1.2 This cooperative project involves diverting stormwater flows from the Club's property, which is located at 1421 North 4th Street in the City of Stillwater ("Club Property"), the construction of new stormwater piping on the Club Property, the installation of an infiltration basin and pretreatment swale on the Club Property, and the removal of existing stormwater piping on the Club Property (collectively, the "P,·oject"). The pretreatment swale, the infiltration basin, and the new storm sewer pipe to be constmcted or placed as part of the Project are hereinafter collectively referred to as the "Stormwater Management Facilities." As a result of the Project, stormwater will be diverted from running into the Lake, treated in the infiltration basin, and managed as part of the City's existing storm sewer system. 1.3 WMO will bid, contract, and construct the Project on the Club Property . The Project includes the use of grant funding from the Clean Water Fund. 1.4 The purpose of the Project is to reduce sediment and phosphorous discharge to the Lake and will result in the Club, or a future owner of the Club Property, being awarded credit for volume control of 6,000 cubic feet ("Credit") that can be applied toward new or redeveloped impervious surfaces on the Club Property, including parking lots, buildings, outside patios or sidewalk surfaces. The WMO is responsible for maintaining a record of the Credit and applying it to future projects as is appropriate. 2. Design, Contracting, Construction, and Maintenance. The parties agree they shall have the following duties with respect to the Project and maintenance of the Storm water Management Faci Ii ties: 2. I The WMO shall be responsible for each of the following: preparing this Agreement; preparing the designs, plans, and specifications for the construction of the Project; contracting to construct the Project in accordance with the designs, plans, and specifications; soliciting bids, awarding the contract, administering the contract, inspecting the work, and ensuring any warranty work to be performed by the contractor is 5.,R6Rlv5 .Tt\lH 7\·IDl/i5-1 completed; installing and establishing vegetation on areas disturbed by the construction of the Project ; operating, maintaining, cleaning, repairing, and replacing the pretreatment swale and infiltration basin until the utilization of any portion of the Credit by the Club ; and conducting annual inspections of the Project. The WMO shall be responsible for reimbursing the costs to construct the Project as provided later in this Agreement. 2 .2 The Club 's duties include, but are not limited to, the operation , maintenance , cleaning, repair and replacement of the pretreatment swale and infiltration basin subsequent to the utilization of any portion of the Credit by the Club . The Credit will not expire as a result of WMO rule changes, including volume and rate control changes that may take place during the pre-development phase of the work to be perfonned on the Club Property. 2 .3 Maintenance of the swale and infiltration basin by the WMO and the Club, as is required in sections 2 . I and 2.2 above, shall include { l) annual removal of accumulated sediment, trash, and debris, (2) annual eradication of noxious weeds and invasive species, (3) supplemental native vegetation , as needed, if barren areas form or if control of noxious or invasive species control exceeds 25% of the swale or mfiltration basin area , (4) repair of any areas of erosion, as needed, and (5) replacement of nonfunctional filtration media impacted by sedimentation and with a measured infiltration rate less than 0.375 inches per hour. 2.4 The City shall be responsible for the operation , maintenance , cleaning, repair and replacement of new stormwater piping on the Club Property. 2 .5 Once the Club utilizes the Credit, it shall become responsible for operating, maintain ing, cleaning, repairing, and replacing the pretreatment swale and infiltration basin. 2 .6 The swale and infiltration basin shall not be considered a "wetland" under Minnesota law for the purposes of future addition or modification . 3. Payment. The WMO agrees to pay the actual costs of the Project, including costs associated with the development of the Agreement, design , construction and operations and maintenance as set forth in section 2 above. The Club and the City agree to pay for the operation, maintenance, cleaning, repair , and replacement costs set forth in section 2 above . 4. Access. 4 .1 The Club hereby grants the City, the WMO, their employees, agents, and contractors a license to access the Club Property as needed to allow the WMO to design and construct the Project, to operate, maintain , clean , repair, and replace the pretreatment swale and infiltration basin, and to conduct annual inspections of the Project as provided in this Agreement. This license shall terminate once the Club uses its Credit and the WMO is no longer responsible for operation, maintenance, cleaning, repair, and replacement of the pretreatment swale and the infiltration ba<;in . 2 S.,R68.'h ·S Jl\,lll MD165-1 4 .2 The Club, with respect to the Club Property, hereby grants the WMO, its employees, agents, and contractors a license to access the Club Property to allow the WMO to conduct such inspections, take such measurements, and to undertake such other activities as may be needed to perform its duties under this Agreement, including access for the life of the pretreatment swale and infiltration basin for the purpose of monitoring water quality and quantity, and the Project's efficacy. 4.3 Any party doing work pursuant to a license granted W1der this section shall be responsible for restoring the Club Property to at least the same condition it was in prior to performing the work and for not unreasonably interfering with the use of the Club Property being accessed. 4 .4 The Club agrees to execute a drainage and utility easement to the developed watershed 100 year flood level of the basin. WMO will prepare the easement and submit to the Club and the City for signature and recording. 4 .5 The Club agrees to execute a drainage and utility easement to the City with regard to the operation, maintenance, cleaning, repair and replacement of new stormwater piping on the Club Property . WMO will prepare the easement for its signature and recording . 5. Miscellaneous. 5.1 Term . Thi s Agreement shall be effective as of the date first written above and shall remain on-going until stormwater is no longer managed through the Stormwater Management Facilities constructed as part of this Agreement. 5 .2 Di s putes. The parties will attempt in good faith to resolve any controversy or claim arising out of or related to this Agreement by negotiation If negotiation is not successful, any party may request that the matter be mediated using a mediator acceptable to all parties , the expense of which will be shared equally . If the matter has not been resolved within 60 days of the first written notice of the dispute, or if any party refuses to participate in mediation, a party may seek appropriate relief in a court of competent jurisdiction . 5.3 Ame ndme n t's . Any amendments to this Agreement must be in writing and si 6rt1ed by all of the parties. This Agreement replaces any prior discussion or understandings of the parties regarding the Project. 5.4 oti ces. Any notices under this Agreement shall be given to the following people, unless either party gives written notice to the other that the person designated to receive notice has been changed WMO : 5186K3v5 11\fl I Mnt65-I Mikael lsensee, Administrator 455 Hayward Avenue Oakdale, MN 55128 3 (651) 330-8220, ext. 22 mi.s.~D-~e~@1J111,yqLqrg CLU B : [Name, Title] 1421 4th Street North Stillwater, MN 55082 [Phone Number] [Email Address] CITY: [Name, Title] [Street Address] [City, State, Zip] [Phone Number] [Email Address] 5 .5 Liabilily . Each party is responsible for the acts and omissions of itself and its officers and employees to the extent authorized by law. No party is accepting liability for any other party. Nothing herein shall be deemed a waiver by either party of any applicable exclusions from or limits on liability including, without limitation , Minnesota Statutes, Chapter 466 . The liability limits under Minnesota Statutes, section 466.04 applicable to the parties shall not be added together for determining total liability and they shall instead be treated as a single governmental unit as provided under Minnesota Statutes, section 471.59, subdivision la 5.6 C m liance . Each of the parties shall be responsible for complying with aJI applicable federal, state, and local laws, rules, regulations, and ordinances in carrying out their respective duties under this Agreement. [N WITNESS WHEREOF, the undersigned, as duly authorized representations of the parties, have entered into this Agreement effective as of the date first written above. MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION By:---------- lts: --------- By: _________ _ Its: --------- Date ·----------- 5,R68,,·5 Jivlll l\1Dl65-l STILLWATER COUNTRY CLUB, INC. By :_~--------::;.,........""""- Its: ::?Q H J' ;lu;,--.1,..- Date. tf/; !,,... / ~I ':j 4 Ted Kozlowski Beth Wolf May 7, 2019 Mayor City Clerk CITY OF STILLWATER By : _________ _ Its:--------- By : _________ _ [ts :--------- Date : __________ _ 5 EASEMENT FOR STORMW ATER MANAGEMENT FACILITIES For good and valuable consideration, Stillwater Country Club , Inc., a Minnesota nonprofit corporation ("Grantor") grants and conveys an easement in favor of the City of Stillwater, a Minnesota municipal corporation ("Grantee"), as follows . Recitals A. Grantor owns adjoining parcels of real property in Washington County, Minnesota, legally described in the attached Exhibit A (the "Property"). B. As part of a cooperative project to reduce phosphorus discharge into Lake St. Croix, Grantor has agreed to convey permanent easements over parts of the Property to Grantee for storm water management purposes on the following terms . Terms of Easements I. Easement. Grantor hereby grants to Grantee permanent, non-exclusive easements as follows: a) An easement for storrnwater piping over, under, and across all that part of the Property described in the attached Exhibit 8-1 (the "Stonnwater Piping Easement Area"). b) An easement for infiltration basin and pretreatment swale over, under, and across all that part of the Property described in the attached Exhibit B-2 (the "Water Treatment Easement Area"). (Together the Stormwater Piping Easement Area and the Water Treatment Easement may be referred to as the "Easement Areas"). The Easement Areas are depicted on the attached Exhibit C. 56279\vl MD165-I 2 . cope o f Ea emcnts . a) Stonnwater Piping Easement. The easement for stormwater piping granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the Stormwater Piping Easement Area upon reasonable notice (except in the event of an emergency) for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing utilities, drainage ways and underground stormwater facilities in the Stormwater Piping Easement Area . b) Water Treatment Easement. The easement for water treatment granted herein includes the right of the Grantee, its contractors, agents, and employees, to enter the Water Treatment Easement Area upon reasonable notice (except in the event of an emergency) for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing an infiltration basin and a pretreatment swale, with appurtenances, in the Water Treatment Easement Area, together with improvements of any type that are not inconsistent with a water treatment easement, including drainage and utilities. The foregoing easements granted herein also include the right to cut, trim, or remove from the Easement Areas any trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or assignees. 3. Wa1Tanty f T itl e . The Grantor warrants that the Grantor is the fee owner of the Property and has the right, title and capacity to convey this easement to the Grantee . 4. Binding ffccl. The terms and conditions of this instrument shall run with the land and be binding on the Grantor and it successors and assigns. STATE DEED TAX DUE: NONE Dated 4)/S-/.;;o;~ -.... , ...... -,,-------- 562791vl MDl65-1 GRANTOR --Stillwater Country Club, Inc. By : Its : State of /J'ftth u.P ~~ . County of t~h L i2>- /l I The foregoing instrument was acknowledged before me this 1§ d ay of _'7-;_-c.,_L __ _ 20t'/, by :J~ ~{Lt..s.2U, , as the -f!.t.-e. S, f Stillwater Country Club, Inc., on behalf of the corporation. NOT ARY ST AMP OR SEAL THIS INSTRUMENT DRAFTED BY : Kennedy & Graven, Chartered 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 562791vl MD165-I EXHIBIT A Legal Description of the Property Parcel I Lots I, 2, and 3, in Block 20, Carli and Schulenburg's Addition to Stillwater, Minnesota, Washington County, Minnesota. Parcel 2 Lots 4, 5, and 6, in Block 20, Carli and Schulenburg's Addition to Stillwater, Minnesota, Washington County, Minnesota. (Abstract Property) 562791vl MD165-I EXHIBIT B-1 Legal Description of the tom,watcr Piping asement Area A 20.00 foot wide easement over, under and across Lots 2, 3, 4 and 5, Block 20, CARLI & SCHULENBERG'S ADDrTION, Washington County, Minnesota. The centerline of said easement is described as follows: BEGINNING at the intersection of a line that is parallel with and 150.00 feet north of the south line of said Block 20 and the west line of said Lot 5, Block 20; thence easterly along said parallel line a distance of 150.00 feet, more or less to the east line of said Lot 5; thence southerly along the east lines of said Lots 5 and 4 a distance of 150.00 feet, more or less to the southeast corner of said Lot 4 and hereinbefore described centerline there tenninating. EXCEPT the south 75.00 feet of said Lot 3. 562791vl MDl65-l EXHIBIT B-2 Legal De cription of the Water Treatment Easement Area An easement over, under and across the south 75.00 feet of Lot 3, Block 20, CARLI & SCHULENBERG'S ADDITION, Washington County, Minnesota. EXHIBIT C Depiction of the · a semen L Areas . , ·' I I -l ' I II.i i t.,c ·" ---:;---7,' ------_--I l .:=_ __ =-_ -:=__.:_I.-=-: I : I I •. I I I ( "I ,__ -"'"7, -I -+ I I X I . ·' J.. I --T :.. I I I I I I I I I r--- _., .. -~~~~ .... ,,ou ~~~:!~~ --.... t:.i:t '"· ..... ,. I I ·.:1~ nt t-.t [1;\·l ;,'\ I I I I I 1-i'' I NORTH ' I I ",, u,·,,_~., ~-; .. , ..... I • .. ·=-•t 0 I Exhibit __ --LI-- •'(: _11 , -- 1 .•t . •• Ill I ~ ,, . 60 . -- ' 120 + CORNERSTONE Depiction of Easement LAND SURVEYING, INC. 562791vl MD165-I t ij, ,, si.m 10n PROJ. NO . SCC06001D CITY OF STILL WATER By:----------- Its: --------- By : _________ _ Its: --------- Date ; ----------- 5 City Council MEMO DATE: April 30, 2019 CASE NO.: 2019-05 HEARING DATES: Planning Commission March 27 & April 24, 2019 City Council May 7, 2019 REQUEST: Amendments to Short Term Home Rental ordinance REVIEWED BY: Abbi Wittman, City Planner Jenn Sundberg, STHR Administrator Kori Land, City Attorney REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION The City is beginning its third season with the Short Term Home Rental (STHR) licensing program. The original ordinance and licensing program have worked well, but a few changes to the ordinance would make it easier for everyone to understand. It would also eliminate several ambiguities. The Planning Commission held a public hearing on March 27th and made a recommendation to approve the revisions on April 24th. COMMENTS In general, the proposed changes are of five types: 1. Relocation of ordinance Move the vacation rental ordinance from the Zoning Chapter of the City Code to the Licensing Chapter of the City Code. Since it is a licensing program, it fits better in the Licensing Chapter. 2. Reorganization of text The details of license application requirements and procedures are currently repeated in the section of code for each license type. But the information is duplicated from other sections of the ordinance. So, this duplicated material in each section is being deleted and replaced with a simple statement that all applicable terms and conditions for the STHR ordinance have to be met. 3. Bedrooms and sleeping areas STHR amendment Page 2 Sleeping areas other than typical bedrooms are offered to guests at some vacation rentals. And, as long as these other sleeping areas have safe egress, they are permissible according to building codes. But, parking is not currently required except for actual bedrooms. So, a proposed change is to refer to “bedrooms and sleeping areas”, which would give us clear authority to require sufficient parking, and be able to more realistically notify neighbors of the potential number of guests to expect. 4. Procedural changes a. The public safety inspection would no longer be required prior to submitting the STHR license application. But, the inspections would still have to pass prior to issuance of the license. b. The property manager would now be responsible for letting neighbors know whenever management contact information changed. Currently, city staff is primarily responsible for this. 5. Enforcement options made more robust i. In addition to the suggested enforcement changes, the Planning Commission recommends that the City Council consider raising the amount of the administrative citations (“fines”). 1. Currently the fine is $250 for the first substantiated complaint, $500 for the second and $750 for the third. 2. City staff has examined the programs of several other Minnesota Cities that have vacation rental programs. We have found none others that issue fines. 3. City Attorney Land advises that the amount of the fine can be whatever the City Council deems appropriate. 4. How many complaints have been substantiated and fines issued? The two substantiated complaints were for the same Type C STHR. So, the first fine was for $250 and the second was for $500. ii. The Planning Commission also discussed requiring criminal background checks to avoid issuing licenses to convicted criminals. City Attorney Land states that the City can add a criminal background check requirement to the ordinance, but the only reason the City can deny a license based on the background would be due to a conviction related to the vacation rental business. And then only if the conviction occurred in the last five years. License Type Substantiated complaints Fines issued A (hosted) 0 0 B (primary residence of owner) 0 0 C (investment property) 2 2 STHR amendment Page 3 Finally, the Planning Commission asked for information on the number of licenses that have been issued. The table below summarizes this information. License Type Number issued Number pending Number allowed by ordinance A (hosted) 2 1 35 B (primary residence of owner) 11 3 35 C (investment property) 14 1 15 RECOMMENDATIONS Planning Commission The Planning Commission unanimously recommended approval of the attached ordinance revisions. They also recommended that the City Council consider raising the fines and the license fees, as well are requiring criminal background checks. City staff Staff recommends approval of the first reading of the ordinance revisions. If the Council finds increased fines, fees and criminal background checks to be necessary, staff will include that in the second reading documents. It is not in the first reading documents. Attachments: Ordinance Legislative version of ordinance 1 ORDINANCE NO._________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING AND RENUMBERING SHORT TERM HOME RENTAL REGULATIONS IN THE STILLWATER CITY CODE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Section 31-514.1 is hereby repealed. SECTION 2. Stillwater City Code Section 41-8 is hereby enacted as follows: Sec. 41-8. – Short term home rental regulations. Subd. 1. Purpose. The purpose of this Section 41-8 is to allow short term home rentals where appropriate while mitigating impacts upon surrounding properties by implementing balanced regulations to protect the integrity of the city’s neighborhoods as well as protect the general public health, safety and welfare. Subd. 2. License required. No property may be used for Type A, B or C short term home rental unless a license is granted by the city. Type D licenses do not require a license but are subject to the provisions of City Code Section 31-504. (1) Term. Licenses shall be valid for three years, unless it is revoked. (2) Renewal. A renewal license must be applied for every three years. The renewal license application may only be submitted after the property has passed a city inspection as required and appropriate fees have been paid. (3) Non-Transferable. Licenses are non-transferable and shall expire upon change of ownership of the property. (For definitions of Type A, B, C and D short term home rentals, see City Code Section 31-101.) Subd. 3. License application. Any property owner desiring to undertake short term home rentals must apply to the community development department for a short term home rental license. A license must be approved prior to operating within the city. The license application request must be submitted on the form provided by the city and must include all the information requested on the application form. Subd. 4. License fee. The license application form must be accompanied by payment in full of the required license application fee. The license application fee will be determined by the city council in the city fee schedule. Subd. 5. License issuance. The process for review and issuance of a license will vary depending upon the type of short term home rental as follows: 2 (1) Type A – Hosted short term home rentals. Type A short term home rental licenses will be issued administratively if all the terms and conditions of Section 41-8 are met. (2) Type B – Unhosted short term rental. Type B short term home rental licenses will be issued administratively if all the terms and conditions of Section 41-8 are met, however, prior to issuing a Type B license, a neighborhood notification is required, as specified herein: (a) Notices must be mailed by the city to all surrounding property owners according to the following standards: (i) 150 feet of all applicant properties zoned RB, CCR, CR, TH, CTHR, RCL, RCM, RCH, CBD; (ii) 200 feet of all applicant properties zoned RA, LR, CTR, TR; (iii) 500 feet of all applicant properties zoned AP. (b) If there are no objections received by the city within 10 days after mailing the notices, then the license shall be issued. (c) If objections are received, then the license application must be considered by the planning commission as follows. (i) The planning commission must hold a hearing. Notices for the hearing will be mailed 10 days prior to the hearing using the distance requirements in Subd. 5(2)(a). (ii) After considering the license request and comments from the neighbors, the planning commission may either approve a one-year provisional license, with or without conditions, or deny the license request. (d) If the planning commission approves a one-year provisional license and there are no substantiated relevant complaints from neighbors or guests during the provisional year, the license will automatically extend two additional years. (3) Type C – Dedicated short term rental. Type C short term home rental licenses will be issued administratively if all the terms and conditions of Section 41-8 are met and a Conditional Use Permit is granted. The Conditional Use Permit application will be reviewed according to the process established in City Code Sections 31-204 and 31-207. 3 (4) Type D - Bed & Breakfast. Type D short term home rentals are also known as Bed & Breakfasts and, in addition to the requirements herein, are regulated in City Code Section 31-504. Subd. 6. Zoning District. Short term home rentals shall only be allowed in specific zoning districts as identified in City Code Section 31-315 (allowable uses for residential zoning districts) and Section 31-325 (allowable uses for non-residential zoning districts). Subd. 7. Performance standards. Type A, B and C short term home rentals shall be subject to the performance standards identified below. In addition to the relevant sections noted below, Type D short term home rentals shall also be subject to the standards found in City Code Section 31-504. For Type D, if the terms of the section below and Section 31-504 are in conflict, Section 31-504 shall apply. (1) Parking. (a) In residential zoning districts, all guest parking must be accommodated on improved driveways and improved parking surfaces on the premises. No on-street parking is allowed for guests. At a minimum, parking shall be provided as follows: (i) Units with 1-2 bedrooms or sleeping areas, 1 space. (ii) Units with 3-bedrooms or sleeping areas, 2 spaces. (iii) Units with 4 or more bedrooms or sleeping areas, number of spaces equal to the number of bedrooms or sleeping areas, minus one. (b) In the CBD zoning district, guest parking must either be accommodated on the property of the short term home rental dwelling unit at the same minimum numbers specified above in (1)(a), or a parking mitigation plan must be approved by the Parking Commission. (2) Length of guest stay. The minimum length of stay is one day. The maximum length of stay is 30 days. (3) Number of guests. The maximum number of guests will be limited to two times the number of bedrooms, or sleeping areas, plus one. (4) Guest records. The licensee for Type B and C short term rentals must keep a guest record including the name, address, phone number, and vehicle license plate information for all guests and must provide a report to the city upon 48 hours’ notice. 4 (5) Manager Information. For Type B and C short term home rentals, the licensee must provide the name, phone number and address of the owner, operating lessee or managing agent/representative to all property owners within 150 of the property lines. The licensee shall provide any changes to this information to the community development department and to the neighboring properties within 10 days of any such changes. (6) Guest disclosures. The licensee must disclose in writing to their guests the following rules and regulations and must submit a copy of the disclosure to the city with the license application and renewal applications. In addition, the disclosures must be conspicuously displayed in the home. The disclosures must include the following: (a) For Type B and C short term home rentals, the name, phone number and address of the owner, operating lessee or managing agent/representative; (b) The maximum number of guests allowed at the property; (c) The maximum number of vehicles allowed at the property and the approved parking areas; (d) Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities; (e) That City nuisance ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 p.m. and 8 a.m.; (f) That no events are allowed to be hosted by a guest on the premises. (7) Posting of license number. The licensee must post the city license number at the property and on all print, poster or web advertisements. (8) Proximity of assistance. For Type B and Type C short term home rentals, the property owner or a manager/representative must be located within 30 minutes travel time of the property. (9) Garbage. As required by City Code Chapter 30-1, Subd. 5, all garbage must be kept in rubbish containers that are stored out of view of a public street. (10) Signage. For Type A, B or C short term home rental no signage is allowed on the property. Type D is allowed to have signage as regulated in City Code Section 31-504. 5 (11) Events. Events are not allowed to be hosted by guests on the premises. For purposes of this Section 41-8, an event means a gathering on the premises of more than three un-registered guests. Events hosted by the property owner are allowed but must comply with all applicable city ordinances and policies, including the prohibition on renting out private residential property for events. (12) Insurance. The licensee must provide proof of sufficient and suitable property insurance with the license application and must be able to confirm that the coverage remains in place within 24 hours of a request by the city. (13) There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a short term home rental, except that additional on-site city code compliant parking may be provided. Subd. 8. Required health and safety inspections. (1) Type A, B and C short term home rentals. Type A, B and C license applications will not be accepted without an approved inspection report signed by the city’s fire department and building department. The inspection must have been completed no more than 60 days prior to submission of the license application. The list of health and safety items that will be inspected will be included in license application materials so that the licensee will know in advance what items will be inspected. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city before the license will be issued. (2) Type D short term home rentals . Type D short term home rentals are required to have inspections as regulated by City Code Section 31-504. Subd. 9. Site Plan and Floor Plan for Type A, B and C short term home rentals. (1) The applicant must submit a Site Plan of the property drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. (2) The applicant must submit a floor plan of the residence drawn to scale identifying which rooms are proposed to be used as guest bedrooms or sleeping areas. Subd. 10. Limit on number of licenses. (1) Type A. No more than thirty-five (35) Type A licenses shall be issued at any one time. 6 (2) Type B. No more than thirty-five (35) Type B licenses shall be issued at any one time. (3) Type C. No more than fifteen (15) Type C licenses shall be issued at any one time. Subd. 11. Lodging and Sales taxes. In addition to state sales tax, Types A, B, C and D short term home rentals are required to pay the city lodging tax directly to the city on a quarterly basis. The property owner must provide information on a web-based booking service(s) used for the property. If no sales are made during a quarter, a report must be submitted to the city stating that no sales were made or lodging tax collected during that quarter. Subd. 12. Interchangeability of License Types. A licensee may use the license to operate any short term home rental type equal to or less restrictive than the one for which the license was issued. For example, if an owner is issued a Type C license, the property is permitted to operate as a Type C, B or A. If a Type B license is issued, the property is permitted to operate as a Type B or A. However, a Type D owner may onl y operate as a Bed & Breakfast. Subd. 13. Enforcement. (1) Injunctive relief. In the event of a violation or threatened violation of this ordinance, the city, in addition to other remedies, is entitled to seek injunctive relief or proceedings to prevent, restrain, correct or abate such violations or threatened violations. (2) Misdemeanor. The penalty for a violation of this ordinance shall be a misdemeanor. (3) Fines. In addition to penalty provisions in (1) and (2) above, the administrative fines for violations of this ordinance shall be as follows: (a) For the first substantiated and relevant complaint or violation within a 12-month period, the fine shall be $250.00. (b) For the second substantiated and relevant complaint or violation within a 12-month period, the fine shall be $500.00. (c) For the third substantiated and relevant complaint within a 12-month period, the fine shall be $750.00. (4) Suspension or Revocation. Any short term home rental license may be suspended or revoked for one or more of the following reasons: (a) It is the third substantiated and relevant complaint or violation of the ordinance within a 12-month period. 7 (b) The licensee has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees; (c) The licensee has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application for or in the course of the licensee’s business; (d) The licensee has been convicted of any crime or offense in the previous five years involving or relating to the short term home rental business and the licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (e) The licensee has acted in an unauthorized manner or beyond the scope of the license granted. In such cases, the license may be forwarded to a hearing officer for consideration of suspension or revocation. The hearing officer procedure is set forth in City Code Section 22-10, Subdivision 4. If the license is suspended, the length of suspension shall be stated in the hearing officer’s decision. If a license is revoked, the owner is prohibited from making application for another license for any type of short-term home rental for a period of 6 months. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amendment moves the short-term home rental regulations from the Zoning Ordinance to the Licensing section of the City Code. In addition, the amendment simplifies and clarifies the requirements necessary for administrative issuance of these licenses. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 ORDINANCE NO._________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING AND RENUMBERING SHORT TERM HOME RENTAL REGULATIONS IN THE STILLWATER CITY CODE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Section 31-514.1 is hereby repealed. SECTION 2. Stillwater City Code Section 41-8 is hereby enacted as follows: Sec. 41-8. – Short term home rental regulations. Subd. 1. Purpose. The purpose of this Section 31-514.1 41-8 is to allow short term home rentals where appropriate while mitigating impacts upon surrounding properties by implementing balanced regulations to protect the integrity of the city’s neighborhoods as well as protect the general public health, safety and welfare. Subd. 2. License required. No property may be used for Type A, B or C short term home rental unless a license is granted by the city. No property may be used for Type C short term home rental unless granted a Conditional Use permit and a license by the city. No property may be used for Type D short term home rental (aka bed & breakfast) unless granted a Special Use permit by the city pursuant to Section 31-504 of this Chapter. Type D licenses do not require a license but are subject to the provisions of City Code Section 31-504. (1) Term. Licenses shall be valid for three years, unless it is revoked. (2) Renewal. A renewal license must be applied for every three years. The renewal license application may only be submitted after the property has passed a city inspection as required and appropriate fees have been paid. (3) Non-Transferable. Licenses are non-transferable and shall expire upon change of ownership of the property. (For definitions of Type A, B, C and D short term home rentals, see City Code Section 31-101.) Subd. 3. License application. Any property owner desiring to undertake short term home rentals must apply to the community development department for a short term home rental license. A license must be approved prior to operating within the city. The license application request must be submitted on the form prescribed provided by the city and must include all the information requested on the application form. The license application will not be accepted by the city unless an inspection report has been signed by personnel from both the city's fire department and building department. 2 Subd. 4. License fee. The license application form must be accompanied by payment in full of the required license application fee. The license application fee amount will be as determined by the city council in the city fee schedule. Subd. 5. License issuance. The process for review and issuance of a license will vary depending upon the type of short term home rental as follows: (1) Type A, – hHosted short term home rentals. Type A short term home rentals are required to have an licenses will be issued administratively issued license from the cityif all the terms and conditions of Section 41-8 are met. 1. A Type A short term home rental license or renewal license will be issued administratively only if: i. The licensee certifies on the application form that all applicable items found in this Section 31-514.1 are satisfied. That includes: a. Proper zoning as found in Subd. 6; and b. Performance standards as found in Subd. 7. ii. The applicant submits a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. iii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iv. The property passes the city inspection (see Section 31-514.1, Subd. 9B) for residential code standards applicable to renting a home on a short term basis. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. a. An inspection must be completed within 60 days prior to submission of the license application form. b. An inspection report must be submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. c. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. 2. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home Rental, except that additional on-site city code compliant parking may be provided. 3. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that 3 the coverage remains in place within 24 hours of a city request for confirmation. 4. Licenses are non-transferable and shall expire upon change of ownership of the property. 5. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 6. No more than a total of thirty-five Type A licenses may be valid within the city at one time. 7. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. 8. Licenses are valid for a period of three years. A renewal license must be applied for every three years. (2) Type B – Unhosted short term rental. Type B short term home rentals are required to have an licenses will be issued administratively from the city.Pif all the terms and conditions of Section 41-8 are met, however, prior to issuing a Type B license, a neighborhood notification is required, as specified below herein:: 1. A Type B short term home rental license or renewal license will be issued administratively only if: i. The applicant submits a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. ii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iii. The licensee certifies on the application form that all applicable items found in this Section 31-514.1 are satisfied. That includes: a. Proper zoning as found in Subd. 6. b. Performance standards as found in Subd. 7. c. Proof of sufficient and suitable property insurance. iv. No more than a total of thirty-five Type B licenses may be valid within the City at one time. v. Notices have been mailed by the city to all surrounding property owners according to the following standards: a. 150 feet of all applicant properties zoned RB, CCR, CR, TH, CTHR, RCL, RCM, RCH, CBD; b. 200 feet of all applicant properties zoned RA, LR, CTR, TR; c. 500 feet of all applicant properties zoned AP; and 4 vi. There are no objections received by the city within ten days of mailing the notices. a. If objections are received, then the license request must be considered by the planning commission. (1). The planning commission must review the license request and all objections, as a new business item, at its next regularly scheduled meeting. (2). After considering the license request and comments from the neighbors, the planning commission may either approve a one year provisional license, with or without conditions, or deny the license request. (3). If there are no substantiated relevant complaints from neighbors or guests during the provisional year, the permit will automatically extend two more years. If there are three substantiated relevant complaints, the provisional license is automatically revoked and the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. vii. The property passes the city inspection (see Section 31-514.1, Subd. 9B) for residential code standards applicable to renting a home on a short term basis. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. a. An inspection must be completed within 60 days prior to submission of the license application form. b. An inspection report must be submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. c. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. 2. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home Rental, except that additional on-site city code compliant parking may be provided. 3. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 4. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the 5 owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. 5. Licenses are non-transferable and shall expire upon change of ownership of the property. 6. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 7. Licenses are valid for a period of three years. A renewal license must be applied for every three years. No neighborhood notification is required for the renewal of licenses. (a) Notices must be mailed by the city to all surrounding property owners according to the following standards: (i) 150 feet of all applicant properties zoned RB, CCR, CR, TH, CTHR, RCL, RCM, RCH, CBD; (ii) 200 feet of all applicant properties zoned RA, LR, CTR, TR; (iii) 500 feet of all applicant properties zoned AP. (b) If there are no objections received by the city within 10 days after mailing the notices, then the license shall be issued. (c) If objections are received, then the license application must be considered by the planning commission as follows. (i) The planning commission must hold a hearing. Notices for the hearing will be mailed 10 days prior to the hearing using the distance requirements in Subd. 5(2)(a). (ii) After considering the license request and comments from the neighbors, the planning commission may either approve a one-year provisional license, with or without conditions, or deny the license request. (d) If the planning commission approves a one-year provisional license and there are no substantiated relevant complaints from neighbors or guests during the provisional year, the license will automatically extend two additional years. (3) Type C – Dedicated short term rental. Type C short term home rentals are required to have both a Conditional Use Permit and an administrative license issued by the city. The Conditional Use Permit and initial license may be processed simultaneously. licenses will be issued administratively if all the terms and conditions of Section 41-8 are met and a Conditional Use Permit is granted. The Conditional Use Permit application will be reviewed according to the process established in City Code Sections 31-204 and 31-207. 6 1. Conditional Use Permit. The application for the Conditional Use Permit to operate a Type C short term home rental must be filed with the city's community development department on the applicable form. The application will be reviewed according to the process established in Sections 31-204 and 31-207 of this Chapter. In addition, the following procedures, criteria and conditions shall also apply: i. The applicant must submit a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. ii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iii. The Conditional Use Permit runs with the land and must be filed in the property's chain of title, but since a license is also required for a Type C Short Term Rental, possession of a Conditional Use Permit is not sufficient to operate. Any new owner desiring to operate a Type C Short Term Rental on property that has an unexpired Conditional Use Permit filed in the chain of title must also obtain a license from the city. A Conditional Use Permit expires if a property is not operated as a Short Term Home Rental for more than a year. iv. The Conditional Use Permit applicant must certify on the city application form that all applicable items found in this Section 31-514.1 are satisfied. That includes: a. Proper zoning as found in Subd. 6 b. Performance standards as found in Subd. 7 c. Proof of sufficient and suitable property insurance. v. The property must pass inspection by city building and fire code inspectors and found to meet the residential code standards applicable to renting a home on a short term basis (see Section 31-514.1, Subd 9B) prior to holding the public hearing for the Conditional Use Permit. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. vi. No more than a total of fifteen Conditional Use Permits for Type C Short Term Home Rentals may be valid within the City at one time. 2. License. The application form for the license or renewal license must certify by the applicant that all applicable items found in this Section 31- 514.1 are satisfied. That includes: i. A Conditional Use Permit has been issued for the subject property and is still valid. ii. The property has been inspected no more than 60 days prior to submission of the license application by city building and fire code 7 inspectors and found to meet the residential code standards applicable to renting a home on a short term basis. a. An inspection must be completed and the inspection report submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. b. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. iii. Proper zoning as found in Subd. 6. iv. Performance standards as found in Subd. 7. v. Proof of sufficient and suitable property insurance. vi. No more than a total of fifteen Type C Short Term Home Rental licenses may be valid at one time within the City. 3. The license for a Type C Short Term Home Rental may only be issued to the owner of the property and is not transferable to any other entity. 4. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home Rental, except that additional on-site city code compliant parking may be provided. 5. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 6. Type C short term home rental licenses are valid for a period of three years. A renewal license must be applied for every three years. The Conditional Use Permit will not expire unless its use is discontinued for more than a year. 7. The Type C Short Term Home Rental license is not transferable and shall expire upon change of ownership of the property. 8. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 9. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of short term home rental for six months. (4) Type D - Bed & Breakfast. Type D short term home rentals are also known as Bed & Breakfasts and, are required to have a Special Use Permit as regulated 8 in Section 31-504 of this Chapter. in addition to the requirements herein, are regulated in City Code Section 31-504. Subd. 6. Zoning District. Short term home rentals are permitted, with an approved license from the City of Stillwater, in the following Zoning Districts: shall only be allowed in specific zoning districts as identified in City Code Section 31-315 (allowable uses for residential zoning districts) and Section 31-325 (allowable uses for non-residential zoning districts). A. Residential Zoning Districts. Short Term Home Rentals are allowed by city license in all Residential Zoning Districts. Type C Short Term Home Rentals require both a license and a Conditional Use Permit. Type D Short Term Home Rentals (aka Bed & Breakfasts) are allowed by city license in the RCL Zoning District and by Special Use Permit in the RB and RCM Zoning Districts. B. Commercial Zoning Districts. Type A, B and C Short Term Home Rentals are allowed by city license in the CBD Zoning District. They also require a Special Use Permit or Conditional Use Permit. If a Special or Conditional Use Permit already exists for the property, one specifically for the Short Term Home Rental use is not required for Type A and B Short Term Home Rentals. A Conditional Use Permit specifically for the Short Term Home Rental is required prior to issuance of a Type C license. Subd. 7. Performance standards. Type A, B and C short term home rentals shall be subject to the performance standards identified below. Type D short term home rentals shall be subject to the standards found in Section 31-504 of this Chapter. In addition to the relevant sections noted below, Type D short term home rentals shall also be subject to the standards found in City Code Section 31-504. For Type D, if the terms of the section below and Section 31-504 are in conflict, Section 31-504 shall apply. (1) Parking. (a) In residential zoning districts, all guest parking must be accommodated on improved driveways and improved parking surfaces on the premises. No on-street parking is allowed for guests. At a minimum, parking shall be provided at the following rate as follows: (i) Units with 1-2 bedrooms unit or sleeping areas, 1 space. (ii) Units with 3-bedrooms unit or sleeping areas, 2 spaces. (iii) Units with 4 and 4+ or more bedrooms unitsor sleeping areas, number of spaces equal to the number of bedrooms or sleeping areas, minus one. (b) In the CBD zoning district, guest parking must either be accommodated on the property of the short term home rental dwelling unit at the same minimum numbers specified above in (1)(a), or a parking mitigation plan must be approved by the Parking Commission. 9 (2) Length of guest stay. The minimum length of stay is one day. The maximum length of stay is 30 days, since more than that is by definition not a short term home rental property. (3) Number of guests. The maximum number of guests will be limited to two times the number of bedrooms, or sleeping areas, plus one. (4) Guest records. The licensee for Type B and C short term rentals must keep a transient guest record including the name, address, phone number, and vehicle license plate information for all guests and must provide a report to the city upon 48 hours’ notice. (5) Manager Information. For Type B and C short term home rentals, the licensee must provide the name, phone number and address of the owner, operating lessee or managing agent/representative to all property owners within 150 of the property lines. The licensee shall provide any changes to this information to the community development department and to the neighboring properties within 10 days of any such changes. (5)(6) Guest disclosures. The licensee must disclose in writing to their guests the following rules and regulations and must submit a copy of the disclosure to the city with the license application and renewal applications. In addition, the disclosures must be conspicuously displayed in the home. The disclosures must include the following: (a) For Type B and C short term home rentals, the name, phone number and address of the owner, operating lessee or managing agent/representative; (b) The maximum number of guests allowed at the property; (c) The maximum number of vehicles allowed at the property and the approved parking areas; (d) Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities; (e) That City nuisance ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 p.m. and 8 a.m.; (f) That nNo events are allowed to be hosted by a guest on the premises. (6)(7) Posting of lLicense number. The licensee must post the city license number at the property and on all print, poster or web advertisements. 10 (7)(8) Proximity of assistance. For Type B and Type C short term home rentals, the property owner or a manager/representative must be located within 30 minutes travel time of the property. The community development department must be notified within 10 days of a change in the managing agent/representative or their contact information. The licensee must provide the name, address and phone number for the licensee or managing agent/representative to all property owners within 150 feet of the property boundary. The licensee must notify neighboring properties within 10 days of a change in the managing agent/representation or contact information. (8)(9) Garbage. As required by City Code Chapter 30-1, Subd. 5, all garbage must be kept in rubbish containers that are stored out of view of a public street. (9)(10) Signage. No signage is allowed on the property of a Type A, B or C Short Term Home RentFor Type A, B or C short term home rental no signage is allowed on the property. Type D is allowed to have signage as regulated in City Code Section 31-504. (10)(11) Events. Events are not allowed to be hosted by guests on the premises. For purposes of this Section 31-541.141-8, an event means a gathering on the premises of more than three un-registered transient guests. Events hosted by the property owner are allowed but must abide by comply with all applicable city ordinances and policies, including the prohibition on renting out private residential property for events. (12) Insurance. The licensee must provide proof of sufficient and suitable property insurance with the license application and must be able to confirm that the coverage remains in place within 24 hours of a request by the city. (13) There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a short term home rental, except that additional on-site city code compliant parking may be provided. Subd. 8. Required health and safety inspections. (1) Type A, B and C short term home rentals. Type A, B and C license applications will not be accepted without an approved inspection report signed by the city’s fire department and building department. The inspection must have been completed no more than 60 days prior to submission of the license application. The list of health and safety items that will be inspected will be included in license application materials so that the licensee will know in advance what items will be inspected. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city before the license will be issued. 11 1. These types of short term home rentals are required to have, and pass, a health and safety code inspection by city building and fire code staff prior to issuance of a license or renewal of the license. 2. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the licensee will know in advance what items will be inspected. 3. Upon receipt of a complaint, the city zoning administrator will contact the licensee and will determine whether a compliance inspection is required. (2) Type D short term home rentals (aka bed & breakfast). Type D short term home rentals are This type of Short Term Home Rental is required to have inspections as regulated by City Code Section 31-504. Subd. 9. Site Plan and Floor Plan for Type A, B and C short term home rentals. (1) The applicant must submit a Site Plan of the property drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. (2) The applicant must submit a floor plan of the residence drawn to scale identifying which rooms are proposed to be used as guest bedrooms or sleeping areas. Subd. 10. Limit on number of licenses. No more than a total of thirty-five licenses may be valid at any one time for Type A Short Term Home Rentals. No more than a total of thirty-five licenses may be valid at any one time for Type B Short Term Home Rentals. No more than fifteen licenses may be valid at any one time for Type C Short Term Home Rentals. Type D Short Term Home Rentals are required to have a Special Use Permit, but no license is required. (1) Type A. No more than thirty-five (35) Type A licenses shall be issued at any one time. (2) Type B. No more than thirty-five (35) Type B licenses shall be issued at any one time. (3) Type C. No more than fifteen (15) Type C licenses shall be issued at any one time. Subd. 11. Lodging and Sales taxes. In addition to state sales tax, Types A, B, C and D short term home rentals are required to pay the city lodging tax directly to the city on a quarterly basis. The property owner must provide information on a web-based booking service(s) used for the property. If no sales are made during a quarter, a report must be submitted to the city stating that no sales were made or lodging tax collected during that quarter. 12 A. The city lodging tax must be collected and paid either by the web based booking company that the Short Term Home Rental is listed on, or by the licensee directly to the city if the Short Term Home Rental does not use a web based booking service. B. The license application must supply information on any web based booking service(s) used for the licensed property. C. The licensee, or booking agent on their behalf, is required to pay the city lodging tax quarterly. If no sales are made during a quarter, a report must none the less be submitted to the city stating that no sales were made or lodging tax collected during that quarter. Subd. 12. Interchangeability of License Types. A licensee may use the license to operate any short term home rental type equal to or less restrictive than the one for which the license was issued. Therefore For example, if an owner is issued a Type C license, the property is permitted to operate as a Type C, B or A. If a Type B license is issued, the property is permitted to operate as a Type B or A. However, a Type D owner may onl y operate as a Bed & Breakfast. Subd. 13. Enforcement. A. In the event of a violation or threatened violation of this ordinance, the city, in addition to other remedies, is entitled to seek Injunctive Relief or proceedings to prevent, restrain, correct or abate such violations or threatened violations. B. The penalty for violation of this Section 31-514.1 shall be a Misdemeanor. C. In addition to penalty provisions A and B above, the fine for the first substantiated and relevant complaint or violation shall be $250.00. The fine for the second shall be $500.00. The fine for the third shall be $750.00 and this third offense shall also result in automatic license revocation. (1) Injunctive relief. In the event of a violation or threatened violation of this ordinance, the city, in addition to other remedies, is entitled to seek injunctive relief or proceedings to prevent, restrain, correct or abate such violations or threatened violations. (2) Misdemeanor. The penalty for a violation of this ordinance shall be a misdemeanor. (3) Fines. In addition to penalty provisions in (1) and (2) above, the administrative fines for violations of this ordinance shall be as follows: (a) For the first substantiated and relevant complaint or violation within a 12-month period, the fine shall be $250.00. (b) For the second substantiated and relevant complaint or violation within a 12-month period, the fine shall be $500.00. (c) For the third substantiated and relevant complaint within a 12-month period, the fine shall be $750.00. 13 (4) Suspension or Revocation. Any short term home rental license may be suspended or revoked for one or more of the following reasons: (a) It is the third substantiated and relevant complaint or violation of the ordinance within a 12-month period. (b) The licensee has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees; (c) The licensee has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application for or in the course of the licensee’s business; (d) The licensee has been convicted of any crime or offense in the previous five years involving or relating to the short term home rental business and the licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (e) The licensee has acted in an unauthorized manner or beyond the scope of the license granted. In such cases, the license may be forwarded to a hearing officer for consideration of suspension or revocation. The hearing officer procedure is set forth in City Code Section 22-10, Subdivision 4. If the license is suspended, the length of suspension shall be stated in the hearing officer’s decision. If a license is revoked, the owner is prohibited from making application for another license for any type of short-term home rental for a period of 6 months. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amendment moves the short-term home rental regulations from the Zoning Ordinance to the Licensing section of the City Code. In addition, the amendment simplifies and clarifies the requirements necessary for administrative issuance of these licenses. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2019. Ted Kozlowski, Mayor ATTEST: 14 Beth Wolf, City Clerk CITY COUNCIL MEETING DATE: May 7, 2019 REQUEST: Consideration of an amendment to City Code Section 32-1, Subdivision Code of the City of Stillwater PREPARED BY: Abbi Jo Wittman, City Planner SPECIFIC REQUEST The City of Stillwater is proposing amendments to City Code Section 32-1, Subdivision Code of the City of Stillwater. The proposed Ordinance includes removal of Subd. 10, Forms, as these are not required to be codified and the City’s Subdivision Forms are maintained administratively. The forms, as well as corresponding checklists, will be kept on file with the City’s Community Development Department. ALTERNATIVES The Council has the following alternatives: A. Approval If the findings are made that the public necessity and the general community welfare warrant the amendment and is in general conformance with the principles and policies set forth in the comprehensive plan and any adopted area or specific plan, then the Council should move to approve the City Code amendment. B. Table If the Council finds that the request is not complete enough to make a decision, it could continue the review for additional information. C. Denial If the Council finds the proposal is not a public necessity or that the general community welfare is not furthered, the Council should deny the request. RECOMMENDATION Staff recommends approval of the attached Ordinance, amending City Code Section 32-1, Subdivision Code of the City of Stillwater, Subd. 10, Forms. ATTACHMENTS Draft Ordinance ORDINANCE _________ AN ORDINANCE AMENDING ARTICLE 32-1, SUBD. 10, FORMS, OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1. REPEALER. Article 32-1, Subd. 10 of the City Code, Forms, is hereby repealed in its entirety. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: In an effort to remove unnecessary ordinances from the City Code, this ordinance repeals the list of forms required for subdivision applications from the City Code. The forms are available in the Community Development Department. SECTION 3. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this 7th day of May 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette – ______________________ PLANNING REPORT DATE: May 3, 2019 TO: Mayor & Council Members REQUEST: Approve draft of 2040 Comprehensive Plan for review by the Metropolitan Council REPORT BY: Bill Turnblad, Community Development Director BACKGROUND MN Statute 473.864 requires each local government in the Metropolitan Area to review and, if necessary, amend its comprehensive plan at least once every ten years. It also requires fiscal devices and official controls to be reviewed. The purpose of the decennial review is to ensure that comprehensive plans conform to metropolitan system plans and that fiscal devices and official controls do not conflict with those system plans. The Community Development Department began work on the 2040 Comprehensive Plan (also known as the 2018 Plan) in 2014. A summary of the main tasks and their time frame looks as follows: 1. Trail Plan. A new trail plan was created under contract with Planner Melissa Douglas between April of 2014 and June of 2015. (Cost of $13,500.) The impetus for the new trail plan was regional discussions about a potential state trail along the old Minnesota Zephyr railroad line and the planned loop trail between the Lift Bridge and the pending new St Croix River crossing. 2. Downtown Plan. With all of the dynamic forces at play in the Downtown Area, the most obvious of which was the planned closing of the Lift Bridge, a new Downtown Plan was needed. It was developed and written under contract with SRF between April 2016 and June of 2017. (Cost of $140,000.) 3. Historic Resources Plan. The State Historic Preservation Office (SHPO) and the Metropolitan Council encouraged the City to focus resources on a re-write of the Historic Resources Chapter of our Comp Plan. Though the 2030 Plan’s chapter was used as a model by Met Council for other communities, they and SHPO wanted to see Stillwater expand and strengthen the plan. So, the chapter was re-written under contract with Landscape Research between March and July of 2018. (Cost of $31,199 of which $26,250 was paid through a SHPO grant.) 4. Water Resources Chapter. A surface water management plan was created by the Public Works Department under contract with WSB. (Cost of $50,000.) This plan Draft 2040 Comp Plan Page 2 was finish in August of 2018 and served as the foundation for a major portion of the Water Resources Chapter. 5. All other chapters. All of the other chapters of the Comprehensive Plan have been developed under contract with HKGi, which was entered into on October 3, 2017. (Cost of $120,000 of which $32,000 will/has been paid through a Met Council grant.) 6. Metropolitan Council review. The draft plan has to be submitted to the Metropolitan Council on or before May 31, 2019. The Met Council will take three or four months to review it. This means that in September or October of this year, the 2040 Plan will be ready for the City Council to adopt in final form. 7. Official Controls Consistency. After adoption of the final plan, the City has nine months to review the city code and fiscal devices (e.g. Capital Improvement Plan) for consistency with the 2040 Comprehensive Plan. This usually requires the drafting of ordinances to create the necessary consistency. So, by June or July of 2020, the 2040 Comprehensive Plan cycle will be completed. On October 9, 2018 the City Council and Planning Commission held a workshop to review the draft plan. It was then distributed to affected jurisdictions and agencies for review and comment. The review period was six-months, which elapsed on April 18th, 2019. Comments from adjacent communities included no major concerns; only minor issues that were able to be addressed. So, with completion of the jurisdictional review, the City Council is required to hold a public hearing to adopt the draft plan and authorize its release to the Metropolitan Council for review. SPECIFIC REQUEST City planning staff requests the City Council to: 1) Conduct a public hearing on the draft plan, and 2) Adopt a resolution to authorize release to the Metropolitan Council for review. COMMENTS Public engagement was a critical component of the 2040 Plan development. A Council Member or two were active in each of the various public engagement activities and phases of plan development. This included numerous advisory committee meetings, community workshops, open houses, community surveys, charrettes, information exchanges at community festivals, etc. On October 9, 2018 the City Council and Planning Commission held a joint workshop to review the draft plan prior to releasing it for jurisdictional review. The plan in its current form is the same as reviewed by the Council and Planning Commission at the October work shop, except that jurisdictional review comments have been incorporated into the plan. Draft 2040 Comp Plan Page 3 The complete draft of the 2040 Comprehensive Plan is available on the City’s website. The link is https://www.ci.stillwater.mn.us/2040compplan. Please note that the on-line version does not yet include the revisions generated by the jurisdictional review. What is new? The 2040 Comprehensive Plan has several changes of substance, including: 1) Completely re-written Downtown Chapter and Historic Resources Chapter, as well as a new Trail Plan. 2) The Land Use Chapter has a new land use classification: Highway Mixed Use. In order to meet housing goals, portions of the Highway 36 corridor are now guided for mixed use development, which would allow housing as well as commercial uses. 3) An in-depth market analysis by Maxfield Research. 4) As with many other cities in the Metro Area, Stillwater’s new plan focuses attention on housing, sustainability & resiliency, and water resources. Anticipated Metropolitan Council concerns Staff expects to hear from the Metropolitan Council that the City will have to more aggressively address the inflow and infiltration of stormwater and groundwater into the sanitary sewer treatment system. ALTERNATIVE COURSES OF ACTION The City Council has several possible courses of action after holding the public hearing. They include: A. Approve. Adopt the attached resolution which approves the draft 2040 Comprehensive Plan for release to the Metropolitan Council for review. B. Table. If more information or analysis is needed, table the matter until the Council meeting of May 21st. Attachments: Jurisdictional review comments Resolution Stillwater Comprehensive Plan Update - 6 Month Review Agency Date Received Comment Stillwater Response Comp Plan Page #Comments Browns Creek Watershed District Comments were not provided. Carnelian Marine St. Croix Watershed District Comments were not provided. DNR 7-Feb-19 We recommend that your land use chapter include a more prominent discussion of the St. Croix National Scenic Riverway, and the protections afforded to this unique river. Please refer to the Lower St. Croix Cooperative Management Plan as a resource when preparing your discussion of the Riverway and include a history of the Riverway, the purposes for the establishment of the Riverway, including the key zoning restrictions that are in place. Revisions Made Page 3-9 DNR 7-Feb-19 To help the city’s efforts to protect and preserve the river, landowner education could be supported through promotion of the Landowner’s Guide to the Lower St. Croix Riverway found on the St. Croix River Association’s website: (https://www.stcroixriverassociation.org/land-protection/#riverway-regulations). There is also a short video about Riverway protection, best practices for zoning applications, a palette of earth tone and summer vegetation colors suggested for exterior paint colors in the Riverway area, recommended zoning guidelines, and other information. Revisions Made Page 3-9 DNR 7-Feb-19 Another item to highlight in the land use (or natural resources) chapter is the presence of native mussel populations. According to the U.S. Fish and Wildlife Service, “The St. Croix River watershed is the premier mussel watershed of the Upper Mississippi River, and one of the premier mussel watersheds of the world.” According to the DNR’s mussel expert, cities have a role in protecting this mussel through surface water management, especially smart salting practices. Revisions Made Page 3-9 DNR 7-Feb-19 The DNR supports including data from the Natural Heritage Information System (NHIS) in the Comprehensive Plan, as you have done. We recommend that the plan also include goals and strategies to address how rare species and plant communities will be protected. Acknowledged - No Revision Made DNR 7-Feb-19 Your community is within the North and East Metro Groundwater Management Area (GWMA). We suggest you include the following information in your plan: Stillwater is within the North and East Metro Groundwater Management Area (GWMA), designated by the Minnesota DNR. The North and East Metro GWMA includes all of Washington County, all of Ramsey County, and portions of Anoka and Hennepin Counties. The GWMA Plan will guide the DNR’s efforts to manage groundwater appropriations sustainably in this area over the next five years. The Plan establishes sustainability goals to help appropriation permit holders plan for their future water use and ensure that groundwater supplies remain adequate to meet human needs while protecting lakes, streams and wetlands. Revisions Made Page 3-2 DNR 7-Feb-19 It would be worth mentioning in the narrative of the comprehensive plan if Stillwater has developed a plan for the city’s forestry needs as part of an overall strategy to meet its environmental goals and policies. Acknowledged - No Revision Made DNR 7-Feb-19 Consider indicating snowmobile trails on park systems plans. State- supported grant-in-aid trails connect your community to an extensive network of trails throughout the state. Including the trails on inventories would raise awareness of this recreational activity. Acknowledged - No Revision Made DNR 7-Feb-19 Introduction. A brief community description that includes the city’s natural features (as is included in the Land Use chapter) would be a help set the context for the importance that the city’s residents place on natural resource and environmental protection. Acknowledged - No Revision Made DNR 7-Feb-19 P. 1-9. The plan could include a reference to Stillwater as becoming the fourth “pollinator-friendly city” in Minnesota. This is according to the Stillwater-based Pollinator Friendly Alliance, and evidenced by the new pollinator park installation at Laurel & Owens. Acknowledged - No Revision Made DNR 7-Feb-19 Land Use Chapter. Including a map from the natural resource inventory shown in the Natural Resource chapter would help the reader visualize remaining habitat in the context of land use policies, especially when the development/redevelopment site plans are shown in isolation. Acknowledged - No Revision Made DNR 7-Feb-19 P. 3-1. We appreciate the recognition of Brown’s Creek as a designated trout stream. There are also designated tributaries that we suggest be mentioned and shown on the map. The DNR is responsible for protection and management of the state’s surface waters, including cold water trout streams and tributaries. In issuing permits for groundwater use, and reviewing Environmental Impact Statements, any impacts on trout streams will be considered. The transportation chapter indicates upcoming road projects on Stonebridge Trail, a road that crosses the creek. Acknowledged - No Revision Made DNR 7-Feb-19 P. 3-2. The reference to Jackson Wildlife Management Area should be removed or updated to its current name, ownership and status. Revisions Made Page 3-2 DNR 7-Feb-19 P. 3-3. The referenced project is called the Metro Conservation Corridors (rather than wildlife).Revisions Made Page 3-3 DNR 7-Feb-19 P. 3-14. In the second paragraph of the greenway corridor section, we request the following language: The Minnesota DNR developed a Metro Conservation Corridors analysis and map to help counties and local governments prioritize areas for conservation and restoration. This analysis identifies high-quality natural areas, existing protected and/or public open space areas such as designated wildlife management areas, natural corridors such as stream courses, and connecting areas between these features. The assessment identifies a corridor within Stillwater located along the St. Croix River and Brown’s Creek. Revisions Made Page 3-14 DNR 7-Feb-19 P. 3-17. Include a reference to the Minimal Impact Design Standards (MIDS), the MPCA’s more Minnesota specific guidance on storm water management design: https://stormwater.pca.state.mn.us/index.php/Overview_of_Minimal_Impact_Design_ Standards_(MIDS) Acknowledged - No Revision Made DNR 7-Feb-19 P. 3-18. Update the link to the Beyond the Suburbs book: https://www.dnr.state.mn.us/forestry/urban/beyond_suburbs.html Revisions Made Page 3-18 DNR 7-Feb-19 Parks Chapter. The narrative could include a description of the St Croix National Scenic Riverway and what that designation means for the city and city planning. Acknowledged - No Revision Made DNR 7-Feb-19 P. 8-7. The description of Lily Lake could include the information that it is a Fishing in the Neighborhood Pond that is periodically stocked by the DNR. (Side note -The formatting is confusing because it is under the heading of Private Recreation and the city web site shows it as a city park). Revisions Made Page 8-7 Grant Comments were not provided. ISD #834 19-Oct-18 We have reviewed the proposed Plan Update, do not have any comments, and are therefore waiving further review.Acknowledged - No Revision Made Lake Elmo 2-Apr-19 The proposed land use plan (pages 2-15 and 2-16) shows an Area G which is on the south side of Highway 36 and east of Manning Avenue (which is now in Stillwater Township). How the site develops with street connections and intersections, building setbacks, heights and intensities and screening are all factors that Stillwater should take into account when reviewing and approving development plans for the area. Lake Elmo encourages the City of Stillwater to recognize the adjacent single- family residential and open space land uses in Lake Elmo and require significant screening and buffering standards between the proposed Highway Mixed Use and Open Space land uses. Stillwater should put development standards in place to minimize the negative effects the new development in the area east of Manning Avenue could have on the existing residents in the area. Acknowledged - No Revision Made If and when this area develops, Stillwater will address these comments as part of the development review process. Lake Elmo The City of Lake Elmo is concerned about the potential impacts that the changes to the road system in and near Area G could have on existing residents – especially those living in the Sanctuary development west of Manning Avenue. The City of Lake Elmo expects that any future road changes will preserve the existing level of street access for those residents and that any changes will not require longer drives or circuitous routes for them when they leave their development. Acknowledged - No Revision Made If and when this area develops, Stillwater will address these comments as part of the development review process. Lake Elmo The City of Lake Elmo wants to work with the adjacent government agencies (including Stillwater) to develop a roadway ownership, cost sharing and maintenance responsibility agreement for Manning Avenue, south of Highway 36. As the Highway 36-Manning Avenue interchange project proceeds and the southeast quadrant of the intersection develops, there will be significant cost implications going forward that will need to be addressed and agreed upon by all affected government agencies. Acknowledged - No Revision Made If and when this area develops, Stillwater will address these comments as part of the development review process. Lake Elmo The City of Lake Elmo either provides, or can readily, provide municipal water service to the areas of Lake Elmo immediately adjacent to Area G. However, sanitary sewer is not readily available to serve these areas. Since these areas are outside Lake Elmo’s planned MUSA boundaries, the City has not prepared any plans to bring municipal sanitary sewer to that area. Acknowledged - No Revision Made If and when this area develops, Stillwater will address these comments as part of the development review process. Middle-St. Croix Watershed Management Organization Comments were not provided. MnDOT 7-Nov-18 Additional lanes on TH 36 and TH 95 will likely require construction of storm water ponds. Therefore transportation planning should include right-of-way needs associated with proposed pond locations. These projects may also affect drainage flows into the MnDOT Right of Way and a drainage permit may be required. We would like to review the computations and plans as a check that the proposed development maintains or reduces drainage rates to MnDOT right of way. Please include both existing and proposed site conditions for comparison. Please submit the documents below with the drainage permit application for review and approval: 1. Proposed grading plans, proposed drainage plans and all hydraulic calculations. Please show that the proposed drainage rate to MnDOT right-of-way is the same as or less than existing conditions. 2. Existing and Proposed drainage area maps with flow arrows and labeling that correspond with the submitted calculations. 3. Hydro CAD model and the corresponding .pdf output for the 2, I 0, and 100 year Atlas 14 storm events. Acknowledged - No Revision Made The City is not submitting or requesting drainage permits as part of the comprehensive planning process. The City will continue to collaborate with MnDOT regarding improvements to their roadway system. National Park Service; SCSR Comments were not provided. Oak Park Heights Comments were not provided. Stillwater Township 19-Feb-19 In reviewing the twelve chapters of the plan, we found nothing of concern as it relates to Stillwater Township. Instead we noted opportunities to coordinate our efforts around natural resource protection and trail planning along our border. Acknowledged - No Revision Made Washington County 11-Dec-18 Page 1-11 Community Background, Life Cycle Housing: The county supports the emphasis placed on developing life cycle housing so that a range of housing options are available to meet resident needs at different life stages and affordability levels. Acknowledged - No Revision Made Washington County 11-Dec-18 Page 2-21 Land Use, Land Use Category Definitions: The county supports the inclusion of the medium and high density categories that are typically necessary for units affordable to low income residents to be financially feasible. Acknowledged - No Revision Made Washington County 11-Dec-18 Page 4-2 Housing, Housing Goals, Goal 2: The county supports Goal 2's call for affordable life cycle housing and the emphasis of the objectives to locate different types of housing near associated services and amenities that can best support residents. Acknowledged - No Revision Made Washington County 11-Dec-18 Pages 4-2, 4-13, 4-14, 12-10, 12-11: Please correct reference from Washington County Housing and Redevelopment Authority (HRA) to Community Development Agency (CDA) on these pages and any others in the document. Revisions Made Throughout the Plan Washington County 11-Dec-18 Pages 4-12 & 12-9, 12-18: The county supports the development of a Housing Action Plan. In particular, Housing Action Item #1 to help preserve naturally occurring affordable housing, and Housing Action Item #2 to develop tools to increase the supply of affordable housing. Acknowledged - No Revision Made Washington County 11-Dec-18 Pages 4-13, 4-14 & 12-10, 12-11, 12-18: The county appreciates the inclusion of the CDA's programs in the Housing Tools Table 4.16 and as well as the efforts to collaborate with the CDA to preserve and develop more affordable housing in the Implementation Measures section. Acknowledged - No Revision Made Washington County 11-Dec-18 Pages 4-13, 4-14 & 12-10, 12-11, 12-18: The county supports all of the strategies outlined in the Implementation Measures section to preserve and develop more affordable housing. The robust set of strategies along with the Housing Action Plan dedicated for this purpose is commendable. Acknowledged - No Revision Made Washington County 11-Dec-18 Pages 4-13, 4-14 & 12-10, 12-11, 12-18: The county suggests including as implementation tools the CDA administered federal Low Income Housing Tax Credit program and the CDA GROW fund gap financing program. Revisions Made Page 4-16 Washington County 11-Dec-18 Page 8-15: Please relabel Washington County Greenway Regional Trail to Washington County Central Greenway Regional Trail.Revisions Made Page 8-15 Washington County 11-Dec-18 Also note the City of Hastings is not included in the Central Greenway Regional Trail corridor. Once fully developed, it will connect trail users to Cottage Grove Ravine Regional Park, Lake Elmo Park Reserve, and Big Marine Park Reserve. Revisions Made Page 8-15 Washington County 11-Dec-18 Page 3-13 Natural Resources: Consider updating the nomenclature for the Franconia-Ironton-Galesville (FIG) aquifer, and any subsequent references, to the Tunnel City-Wonewoc. Acknowledged - No Revision Made Washington County 11-Dec-18 The county is encouraged to see the city include descriptions and strategies related to sustainability, low impact development, conservation design subdivisions, as it relates to protection of water resources. Acknowledged - No Revision Made Washington County 11-Dec-18 Washington County is encouraged by the city's plans to provide opportunities for healthy living designed to serve the needs of residents of all ages, economic situations and physical abilities. Acknowledged - No Revision Made Washington County 11-Dec-18 Consider adding a statement to Housing chapter to support efforts to provide smoke-free multi- unit housing for residents especially with new construction projects. Acknowledged - No Revision Made Washington County 11-Dec-18 Planning for healthy food access and food infrastructure was not apparent in the draft plan. This could provide an opportunity for the city to review and consider the Minnesota Food Charter which includes a section on the Food Infrastructure (pages 16- 19). http://mnfoodcharter.com/ Acknowledged - No Revision Made Washington County 11-Dec-18 The county is encouraged by the City of Stillwater's 'Stillwater Sustainability Framework' to promote strategies and best practices pertaining to climate change and energy. It is exciting to see the city strive to remove barriers and encourage installation of renewable energy. In addition, the county commends the city for taking an interest in how energy is consumed to better understand how to reduce energy consumption and greenhouse gas. We look forward to partnering with you where and when opportunities arise to create a more sustainable region. Acknowledged - No Revision Made Washington County 11-Dec-18 To align with the Washington County Waste Management Master Plan 2018-2036 strategy in creating away-from-home recycling opportunities in parks, athletic fields, arenas, and recreation centers consider collaborating with the county to add waste and recycling stations along city trails and in parks and other public spaces. Acknowledged - No Revision Made RESOLUTION NO. 2019- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE SUBMITTAL OF THE STILLWATER 2040 COMPREHENISVE PLAN UPDATE DRAFT TO METROPOLITAN COUNCIL AS REQUIRED BY MINNESOTA STATE LAW (METROPOLITAN LAND PLANNING ACT) WHEREAS, Minnesota Statutes section 473.864 requires each local governmental unit to review and, if necessary, amend its entire comprehensive plan and its fiscal devices and official controls at least once every ten years to ensure its comprehensive plan conforms to metropolitan system plans and ensure its fiscal devices and official controls do not conflict with the comprehensive plan or permit activities that conflict with metropolitan system plans; and WHEREAS, the City of Stillwater City Council, Planning Commission, staff and community advocates have prepared a proposed 2040 Comprehensive Plan intended to meet the requirements of the Metropolitan Land Planning Act and Metropolitan Council guidelines and procedures; and WHEREAS, pursuant to Minnesota Statutes section 473.858, the proposed 2040 Comprehensive Plan was submitted to adjacent governmental units and affected special districts and school districts for review and comment on October 18th, 2018, and the statutory six-month review and comment period elapsed on April 18th, 2019; and WHEREAS, the City Council has considered the comments received; and WHEREAS, the City Council conducted a public hearing on May 7, 2019 relative to the approval of the draft 2040 Comprehensive Plan for review by the Metropolitan Council pursuant to Minnesota Statutes section 473.864. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater that city staff is directed to submit said 2040 Comprehensive Plan to the Metropolitan Council. Enacted by the City Council of the City of Stillwater, Minnesota this 7TH day of May, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk CITY COUNCIL MEETING DATE: May 7, 2019 REQUEST: Second Reading of an Ordinance to amend City Code Section 33-5, Minimum Standards for Construction and Reconstruction of Driveways PREPARED BY: Abbi Jo Wittman, City Planner SPECIFIC REQUEST The City of Stillwater is proposing amendments to City Code Section 33-5, Minimum Standards for Construction and Reconstruction of Driveways. The proposed Ordinance includes: Establishing the maximum residential driveway width of 16’ between the property line and the back of curb; and Establishing a minimum standard for paver driveways. FIRST READING SUMMARY The Council questioned whether the 16’ maximum width requirement was appropriate at both the property line and the back of the curb. Question has been raised as to a property owner’s ability to narrow a driveway to the 16’ requirement on their own property. As such, staff has amended the ordinance to require the 16’ maximum width at the curb line; this will allow a property owner to taper their wider driveway to the 16’ requirement wholly on public lands. Subd. 2. Standards. The minimum standards are as follows: (1) For the construction of residential driveways: a. Driveway Width. The maximum driveway width between the property line and at the back of curb is 16 feet. ALTERNATIVES The Council has the following alternatives: A. Approval If the findings are made that the public necessity and the general community welfare warrant the amendment and is in general conformance with the principles and policies set forth in the comprehensive plan and any adopted Driveway Standards Amendments City Council: April 16, 2019 area or specific plan, then the Council should move to approve the City Code amendment. B. Table If the Council finds that the request is not complete enough to make a decision, it could continue the review for additional information. C. Denial If the Council finds the proposal is not a public necessity or that the general community welfare is not furthered, the Council should deny the request. RECOMMENDATION Staff recommends approval of the attached Ordinance, amending City Code Section 33-5, Minimum Standards for Construction and Reconstruction of Driveways. ATTACHMENTS Draft Ordinance ORDINANCE _________ AN ORDINANCE AMENDING SECTION 33-5 OF THE STILLWATER CITY CODE The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. Section 33-5 City Code, Minimum standards for construction and reconstruction of driveways, is hereby amended as follows: Sec. 33-5 - Minimum standards for construction and reconstruction of driveways. Subd. 1. Purpose. It is the purpose of this section to establish minimum standards for the construction and reconstruction of driveways within the city. Subd. 2. Standards. The minimum standards are as follows: (1) For the construction of residential driveways: a. Driveway Width. The maximum driveway width at the back of curb is 16 feet. b. Surfacing Material. i. Concrete driveways: Four inches of compacted sand and five inches of concrete; ii. Bituminous driveways: Four inches of Class 5 gravel and two inches of bituminous; iii. Paver driveways: A minimum of six inches of Class 5 gravel and one inch of sand. (2) For the construction of commercial driveways: a. Concrete driveways: Four inches of compacted sand and six inches of concrete; b. Blacktop driveways: Four inches of Class 5 and four inches of bituminous. (3) Any sand or aggregate base should be compacted to 100 percent of the Standard Proctor Density. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance sets clearer minimum standards for the construction of residential driveways. SECTION 3. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this 7th day of May, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette – ______________________ TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Co~il '5r'' Shawn Sanders, Director of Public Works May 3, 2019 2019 Sidewalk Rehabilitation Project Approval of Plans & Specifications and Authorize Advertisement of Bids (Project 2019-06) DISCUSSION Plans and specifications for the 2019 Sidewalk Rehabilitation Project are completed. The project will be tied to the 2019 Street Improvement Project. An addenda will be sent out for the street project to modify the ad for bid, the specs and the bid proposal. The bid for the project will be May 16, 2019 with bids presented to Council at the meeting later that day. RECOMMENDATION Staff recommends that the City Council approve the plans and specifications for the 2019 Sidewalk Rehabilitation Project and authorize advertisement for bids. ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution 2019-APPROVING PLANS & SPECIFICATIONS AND -- ORDERING ADVERTISEMENT FOR BIDS FOR THE 2019 SIDEWALK REHABILITATION PROJECT (PROJECT 2019-06). APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2019 SIDEWALK REHABILITATION PROJECT (PROJECT 2019-06) WHEREAS, pursuant to a resolution passed by the Council on May 7, 2019, the City Engineer has prepared plans and specifications for the 2019 Sidewalk Rehabilitation Project (Project 2019-06) and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk has previously inserted in the Gazette an advertisement for bids for the 2019 Street Improvement (Project 2019-02) upon the making of the improvement under the approved plans and specifications. 3. The 2019 Sidewalk Rehabilitation Project will be combined with the 2019 Street Improvement Project An addenda to the 2019 Street Improvement Project will include the 2019 Sidewalk Rehabilitation Project. specifying the work to be done, stating that bids will be received by the City Clerk until Thursday, May 16, 2019, at 2:00 p.m. at which time they will be publicly opened at City Hall by the City Engineer; bids will then be tabulated and will be considered by the Council at their next regular Council meeting on May 21, 2019 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue ofresponsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for (10) percent of the amount of the bid. Adopted by the Council this 7111 day of May 2019 . Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk Memorandum TO: Mayor & City Council FROM: Beth Wolf, City Clerk DATE: May 3, 2019 RE: Boards & Commission Reappointments and Vacancies Six commissions had 2 or more members whose terms ended May 1, 2019. Staff published the openings and applications were received. Interviews were conducted by the Chair or Co‐chair and Council Member Representative for each of the commissions. The recommendations to fill the commission appointments are as follows: Downtown Parking Commission Three terms ended and all three members, Brad Glynn, Sherri Hopfe and Ryan Lettner are recommended for re‐appointment. Also, member Aimee Pelletier (Ward 1) resigned in February therefore a new member, Christopher Lepage is recommended to fill the vacant term. Member Ward Term Term Ending Brad Glynn 1 2 nd May 1, 2022 Sherri Hopfe 1 3 rd May 1, 2022 Ryan Lettner 2 2 nd May 1, 2022 Christopher Lepage 2 Partial May 1, 2021 Heritage Preservation Commission Two terms ended and both members, Angie Hadrits, (Ward 3) and Elizabeth Welty (Ward 2) are not returning therefore new members Shann Finwall and Kenneth Walls are recommended to fill the appointments. Member Ward Term Term Ending Shann Finwall 2 1 st May 1, 2022 Kenneth Walls 4 1 st May 1, 2022 Human Rights Commission Two terms ended and one member, Blaise Junker is recommended for re‐appointment. The other position which was held by Claire Sand (Ward 3) will be determined at a future date. Member Ward Term Term Ending Blaise Junker 2 1 st (full term)May 1, 2022 Parks & Recreation Commission Two terms ended and one member, Sam Nelson is recommended for re‐appointment. The other member, Bill McGlynn (Ward 3) is not returning therefore a new member, Pamela Jo Johnson is recommended to fill the appointment. Member Ward Term Term Ending Sam Nelson 2 1 st (full term)May 1, 2022 Pamela Jo Johnson 4 1 st May 1, 2022 Planning Commission Two terms ended and one member, Eric Hansen is recommended for re‐appointment. The other member, Anne Seiss (Ward 3) is not returning therefore a new member, Todd Meyhoff is recommended to fill the appointment. Member Ward Term Term Ending Eric Hansen 2 4 th May 1, 2022 Todd Meyhoff 2 1 st May 1, 2022 Traffic Safety Review Committee Two terms ended and both members, Fredrick Harvey and Stan Miller are recommended for re‐appointment. Member Ward Term Term Ending Frederick Harvey 2 2 nd May 1, 2022 Stan Miller 4 2 nd May 1, 2022 ACTION REQUIRED If Council agrees with the recommendations, they should pass a motion to approve the appointments to the Downtown Parking Commission, Heritage Preservation Commission, Human Rights Commission, Parks & Recreation Commission, Planning Commission and the Traffic Safety Review Committee. Date: April 23, 2019 TO: Mayor & City Council FROM: Beth Wolf, City Clerk SUBJECT: Run Stillwater Inc. Event & Contract St Croix Crossing Half Marathon – July 27, 2019 Attached is an application packet for a new event called St Croix Crossing Half Marathon. The proposed event is planned to begin in western Wisconsin, crossover on the new bridge, run north along the river on the loop trail and finish by the historic lift bridge. The finish line is on the loop trail between parking lots 2 and 3 just south of the lift bridge. The event will reserve parking lots 3 and the northern portion of lot 2 for the post event activities. The event was reviewed by the Downtown Parking Commission at their March 21st meeting. The first race proposal requested to cone a running lane along Hwy 95 from the new bridge to Chestnut Street however the City policy prohibits the reservation of on‐street parking spaces on Main Street. Therefore, the course was moved onto the new loop trail. Downtown Parking Commission reviewed the second proposed route using the trail and approved the final finish area on the loop trail with reserving parking lots 2 and 3 at their April 18th meeting. The organizer then had a discussion with the St. Croix Boat and Packet company and determined there would be to much congestion on the trail. Therefore the organizer submitted a third proposal to modify a portion of the race route. They would like to move the runners back onto Hwy 95 from the Oasis to the north entrance of parking lot #1. See attached maps of all proposed routes. A public meeting occurred on March 21st and no public showed nor sent in any comments. The event with the second proposed route was reviewed on April 22nd by the Parks and Recreation Commission. They would like the trail to remain open to the public during the event. Staff is concerned with the congestion of the St Croix Boat and Packet Company and recommended the race finish at the Shoddy Mill buildings in Bridgeview Park. The organizer has stated there is not enough space for their finish line and activities at that location. Any associated City costs and fees will be invoiced according to the 2019 Fee Schedule and due July 5, 2019. ACTION REQUIRED If Council wishes to approve the special event they should pass a motion approving the 2019 St Croix Crossing Half Marathon event and contract with Run Stillwater Inc. subject to coordination of the event with the City’s Police, Fire, EMS and Public Works to meet the City’s requirements. ST CROIX CROSSING HALF MARATHON EVENT AGREEMENT WITH RUN STILLWATER, INC. THIS AGREEMENT (the “Agreement”) is made this 7th day of May, 2019 between the CITY OF STILLWATER, Washington County, Minnesota (“City”), and RUN STILLWATER, INC., a Minnesota limited liability corporation (“Organizer”), PO Box 21, Stillwater, MN 55082. 1. St Croix Corssing Half Marathon. The City hereby authorizes Organizer to organize and conduct a race to be known as the St Croix Crossing Half Marath on (“Race”) in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. 2. Dates and Hours of Event. Operations are limited as follows: Setup: July 27, 2019 (5:00 am to 7:00 am) Event: July 27, 2019 (7:00 am to 10:30 am) Cleanup: July 27, 2019 (10:00 am to 11:30 am) The Race. The “Race” will include a Half Marathon 3. Course for the Race. (a) Event starts in western Wisconsin and proceeds to the new St Croix River Crossing Bridge into Minnesota turning north onto the new loop trail to finish south of Chestnut between parking lots 2 and 3 on the trail. (b) Changes in the Race Course or Start and Finish Lines that deviate from the Race Course described in this section may be made only by agreement of the Parties, and far enough in advance of the Race to allow for public input, public safety and health considerations to be smoothly adapted to any changes. 4. Parking Control. The purpose of the Parking conditions is to ensure that Downtown businesses retain parking availability for their customers during the Race or during pre‐race packet pickup. To further this purpose, Organizer will: i. Promote remote parking by Race participants by including a parking map and information, along with confirmation cards sent to all Race par ticipants, and on other pre‐Race promotional literature. ii. The intersection of the trail and Nelson Street will be controlled by Police or event staff. Traffic will be allowed to cross the course, runner traffic permitting. iii. Parking lots approved to be closed for the event will be posted closed 24 hours in advance of the event by the Stillwater Police Department. 5. Other Agencies. Organizer is responsible for obtaining all agreements and permits with outside agencies (e.g. MNDOT, WIDOT, Lakeview EMS, and any other agencies requiring permits for the race) and must submit copies of permits to the City from other agencies by July 5, 2019. 6. Contact Information. Organizer shall provide updated accurate phone numbers and specific details on who and what dictates weather cancellations or delays. 7. Participant Count. Organizer shall provide Public Safety and EMS accurate participant numbers as of July 5, 2019. 8. Required Information, Meetings, and Documentation. Organizer agrees that failure to provide required information and documents to the City is just cause for the City Council to terminate the agreement and cancel all races. 9. Public Safety Requirements. The organizer agrees that City has the right to increase the requirements to public safety resources based on participant numbers, threats, or weather conditions and any associated City costs will be paid for by the Organizer. 10. Water Stops and First Aid Stations. Water and first aid stations will be established at the start, finishes, and throughout the race course in keeping with National Race Standards for Races. 11. Emergency Plan. The Race emergency plan will be designed by the Organizer with the assistance of Lakeview Hospital Emergency Services. The plan will meet MN State Fire Code per Section 403 Public Assemblage and Special Events along with recommended EMS Guidelines for Special Events and Mass Gatherings Medical Care per Regions Hospital Emergency Medical Services and include: a. Number and location of Law Enforcement personnel. b. Number and location of EMS resources on hand and dedicated to the event. c. Specify by name on the plan, who is responsible for event decisions on the approval or cancellation of the event due to weather and needs to utilize and identify the specific criteria they will base their decision (e.g., wet bulb temperature, lightning in the area (how determined and what is the criteria), etc. The City or Public Safety is not responsible for this decision. d. Plan must contain contact (names and cell phone) information on the plan. This complete plan must be received and approved by the City no later than July 5, 2019. 12. Food, Liquor and Vending. Organizer will not provide commercial food, liquor or vending, nor will they license others to provide these services to race participants in the City. This provision does not prevent Organizer from providing free standard recovery food and nonalcoholic beverages to Race participants. 13. Closing of the Course. The bicycle and pedestrian loop trail from St Croix Crossing bridge to Main Street must remain open to the public and unobstructed during the Event unless approved by City Staff. All traffic signs and barricades will be removed by Organizer by 3 p.m. on Race day. Any remaining after such time will be removed by City and all labor and storage fees will be paid for by the Organizer. 14. Insurance, Hold Harmless, and Indemnity. Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement; and further, Organizer agrees to provide to the City evidence of insurance coverage of at least the amount of the maximum liability of the city as set forth from time to time in Minnesota Statutes Section §466.04, covering claims that might be brought against them that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy “as their interest may appear” by July 5, 2019. The insurance protection will have the following limits: A. $1,500,000 for any number of claims arising out of a single occurrence, and to name the city as an additional insured “as their interests may appear.” B. Comprehensive Automobile Liability: (1) Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence (2) Property Damage: $100,000 Each Occurrence C. Worker’s Compensation Coverage. 15. Public Information. Organizer will make every reasonable effort to notify property owners along the Race course of any restrictions that might be placed upon their movements during the Race. They will receive a direct mailing from Organizer informing them of specific Race timelines and will be given a direct “hot line” number to reach on Race day. This information must be delivered to each such owner by mail one week before the race. 16. Public Safety Meeting. Organizer will make arrangement to meet at Stillwater City Hall with Public Safety officials of Stillwater Police and Fire and Lakeview EMS for a pre‐race meeting before July 5, 2019. 17. Police Power. The City reserves the right to shut down the Race in the event the Chief of Police determines that the public safety is threatened, or the health or safety of Race participants is threatened because of weather, temperatures, or any unforeseen cause that threatens the public health or safety or if closure is directed by the Medical Doctor designated by the Race in the Emergency Plan. 18. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services needed to safely conduct and maintain the Race or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e. neighborhood meeting expenses and/or city equipment and services) shall be received by the City no later than July 5, 2019. Failure to make the payment will result in cancellation of the event. In the event of a cancellation of this Race after the deposit is made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Race, before returning the balance to Organizer. 19. City Services. The type and amount of City services and materials needed for the Event will be determined by the Public Works Superintendent. The Organizer must provide portable toilets to augment the existing facilities, barricades for street closure, and trash removal. (a) No Parking signs. The Organizer may contact the Stillwater Police Department to arrange rental of materials and will be charged according to the City of Stillwater Event permit fee schedule. Organizer will be responsible for any overtime costs to place and remove No Parking signs for the event. (b) Portable Toilets. Organizer will provide portable toilets that will be placed in the north portion of parking lot 2 and spotted throughout the course in keeping with Standard Race Requirements. The number of portable toilets will be established in consultation with the Public Works Superintendent. If portable toilets are privately contracted, they will be removed by the close of business on day of the event. In the event that all portable toilets are not removed, the City is authorized to contract for and remove the toilets and add to costs so incurred to the costs that Organizer is required to pay pursuant to Item No. 18 of this Agreement. (c) Barricade Placement. The Organizer shall place reflective standard barricades no later than 6:00 a.m. on date of event at the entrances of the approved reserved parking lots. (d) Trash Enclosures. The Organizer shall furnish dumpsters or roll‐off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. (e) Rubbish Removal. All garbage and refuse generated by the Race, including that left by spectators along the route, will be removed by the Organizer. 20. Term. The term of this Agreement will be for one year unless terminated earlier by the City on public safety grounds. 21. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Beth Wolf, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ______ day of _____________________, by Ted Kozlowski, Mayor, and Beth Wolf, Clerk, for the City of Stillwater. Notary Public RUN STILLWATER, INC. By _________________________________________ (Print Name) Its _________________________________ STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ______ day of _____________________, by _______________________________________, the ___________________________, the duly authorized agent for RUN STILLWATER, INC., a Minnesota limited liability corporation. Notary Public EVENTS PERMIT APPLICATION THE 11 a rHPLACE OF •1NNfSDTA 216 North 4th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application : _1_11_1_11_8 _________ _ Event Information Title/Name of Event St. Croix Crossing Half Marathon Event Date/Time : Set up: Date 7/27/19 Actual Event: Date 7/27/19 Clean up: Date 7/27/19 Location (Address) of Event : Lift Bridge Plaza/Lowell Park (If in Lowell Park please specify north or south Lowell park) Office Use Onlv Date Application Received _...:./l'--</'-""5+/;_L,...;;rf;....__ Type: Event Special Eventcvent w/ Co ' Time 5:00 a.m . to 7:00 a.m. Time 7:00 a.m . to 10:30 a.m. Time 10:00 a.m . to 11 :30 a.m . (Events after 10:00 p.m . require a variance from City Councll Description of Event (please be specific -this information will be used to promote the event on the City of Stillwater website) The St. Croix Crossing Half Marathon starts in western Wisconsin and takes runners across the new river crossing between Wisconsin and Minnesota including most of the Loop Trail between Minnesota and Wisconsin. Running through scenic, rural Western Wisconsin, the course opens up as runners cross the new bridge on their way north on Highway 95 to the finish at the historic Stillwater Lift Bridge in downtown Stillwater. Estimated Attendance (participants and specta t ors): 1500 runners, plus spectators Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Run Stillwater, Inc. Mailing Address : P .O. Box 21 City, State, Zip Code: Stillwater, Minn. 55082 Primary Contact/Applicant Name : Stacy Einck Phone Number: 651-4 70-3802 Fax: NA Cell Phone: Same Email Address: social@runstillwater.com Website Address: www.runstillwater.com Name of contact person during event: Stacy Einck Cell Phone: 651-470-3802 Alternate contact during event: Kate Mertz Cell Phone: 651-261-9997 Refer media or citizens inquires to: Stacy Einck Phone: 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 IZl N b d . 1 at 30" x 30', others TBD (smaller) um er an size: Will there be any inflatables? No !xi Yes D Insurance certificate fram rental vendar is required Will there be entertainment? No 18:1 Yes D What type: Fees far electricity may apply see Instructions Will sound amplification be used? No D Yes 18:1 H d T Finish line PA announcer from 7:00 ours an ype: a.m. to 10:30 a.m. Will a stage or tent(s) be set up? No 18:1 Yes D Dimensions: Will there be temporary fencing? No D Yes 18:1 Will merchandise/food items be sold? No I&] Yes D How many Fees far electricity may vendors expected : apply see Instructions Will food be prepared on site? No I&] Yes D Contact Washington Caunty Health Department, 651-430-6655 Will cooking operations be conducted? No I&] Yes D Contact Stillwater Fire Department, 351 -4950 Will alcohol be served but not sold? No ~ Yes D See Alcahal Regulations in the Instructions Will alcohol be sold? No IZl Yes D See Alcahal Regulations in the Instructions Will there be a fireworks display? No !xi Yes D Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. If needed , power will be coordinated with the Water Street Inn. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Digital ads to the running community using social media and Google. Running calendars accessed by the running community . Through Discover Stillwater City Servrces. (After reviewing the event application., City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No D Yes IZI Start/End Time: 7:00 a.m . Date: 7/27/19 City Sidewalks or Trails No IZl Yes D Start/End Time: Date: Public Parking Lots or Spaces No D Yes ~ Start/End Time: 2:00 a.m . Date: 7/27/19 Will event need barricade(s)? No D Yes ~ Number needed: TBD w/ final traffic plan 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 D Yes jg] Number needed: TBD, event will provide Fees may apply see Instructions Will extra trash receptacles be needed? No D Yes ~ Number needed: TBD, event will provide Fees may apply see Instructions Describe trash removal and cleanup plan during and after event: Event staff will ensure all areas used by the race are spotless upon leaving. Event will be responsible for trash removal generated by the event area. Will event need traffic control? No D Yes l&I Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Runners will come into town within coned area running north on Hwy. 95 within free sparking spaces from Oasis Cafe to Chestnut. Traffic control will be needed at Sunnyside, South Parking lot near river boats and Nelson. Spectators will gather in Lowell Park and on sidewalks. Will "No Parking Signs" be needed? No D Yes l&I Number needed: TBD Fees may apply see Instructions Shaw location(s) on site map Will event need security? No jg] 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 D Yes IXI Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Will provide through Lakeview EMS. Describe the emergency action plan if severe weather should arise: See Emergency plan for details. Li ie;ny other f erti nent information : ( .3 FO, Wc:v tt:'u £. V\15) u . ~t""-f ~ ~ Sr"O., ~ I pltU.L. rt3 0. 1l> r>u:cr FodAy, J~ Lf.-d 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 covering 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 informoti n provide · this application. I realize my submittal of this application request constitutes a contract between myself and the City of S water s a release of Liability. , {OtMj;~b,.-// )z. )J 3' -D-a-t/+---...,,-..;.-=----------- 11/3/2017 MapMyFitness H MAPMYFITNESS St. Croix Crossing Half Marathon v2 Distance: 13.1 O mi Elevation Gain: 489 ft Elevation Max: 992 ft Notes sStW Mwtlc-s, w ,·:-..hi 'J!:ith J ELEVATION (fl) 100 90 80 70 0 7. 0 ~ Oak Park Heights https://www.mapmyfitness.com/routes/print/18462364 79/ 5 MIies Wl1lh, l J1 tOr Map data ©2017 Google 10 Copyright (c>2017 MapMyF,lness Inc. 1/1 Proposed St. Croix Crossing Half Marathon -Final Approach St. Croix Crossing Bridge, Highway 95 to Finish July 27, 2019: approximate time 7:00 a .m. to 11 :00 a.m. • Enters area from walkway across St. Croix Crossing Bridge at Hwy 95 and Sunnyside entrance (new parking lot) • No closure of bridge walkway or access pathways • Signage to be posted in advance to alert others of event and date • Coned on Hwy 95 east Shoulder north of Sunnyside-No traffic interference • Runners stay within cones on east side of street, using parking spaces (marked no parking) along Main Street from Oasis Cafe to Chestnut in downtown Stillwater • Turn east onto Chestnut • Finish at new Lift Bridge Plaza at west end of Lift Bridge • No interference for bike and walking paths north of Sunnyside • Warninglites for coning and signage • Course marshals and public safety where needed (TBD) • In final stages of permitting discussions with WisDOT, Town of St. Joseph, Town of Somerset, and St. Croix County Proposed by Run Stillwater, Inc. -November 2018 er z 0 << <C C C C. > ;f ' ';J ;_ ,a "' Leo 's Grill & r .. i1ah Sh \ ~ ,,,,, .. .,.a -Coning ~ Road Closed ~ Finish line , Recovery food c:::::J Emergency Vehicles OrleJns St f: <,, <:'c ,,,s '%. G o g le Use of Loop Trail from Sunnyside to Chestnut, staying on bike path (safest for runners –wider path, straight, minimal decline/incline). Finish Line Public Safety/Race Marshals to control intersections, parking access and trail crossing as needed (TBD) St. Croix Crossing Half Marathon, July 27, 2019 Parking Proposal, Downtown approach to finish, DRAFT V2 Stillwater, MN Prepared by Run Stillwater, Inc. –4/18/19 Use of Loop Trail from Sunnyside to Chestnut, staying on bike path (safest for runners –wider path, straight, minimal decline/incline). Road closed Trail alert, barriers, signage 0700-1100 Finish line Recovery food and medals Crowd barriers with gaps Portapotties PA announcer (tent, no stakes) Emergency Vehicles Course Marshals/Public Safety St. Croix Crossing Half Marathon, July 27, 2019 Parking Proposal: Preferred Finish Area Approach Detail V2 Stillwater, MN Prepared by Run Stillwater, Inc. –4/18/19 •We prefer that the trail be closed for the safety of runners and spectators If council has concerns about closing the trail, we can keep it open and ensure staff will be in place to keep runners and spectators safe. •Use of Loop Trail from Sunnyside to Oasis, staying on bike path (safest for runners –wider path, no flooding issues). •At Oasis, move runners to 95, coned in parking lane to north entrance of Brick Alley lot (No boat load/unload interference) •Runners then go east in driving lane of lot to connect back with trail. •Avoids congestion and safety hazard around load/unload area for St. Croix Boats Finish Line Public Safety/Race Marshals to control intersections, parking access and trail crossing as needed (TBD) St. Croix Crossing Half Marathon, July 27, 2019 Parking Proposal, Downtown approach to finish Stillwater, MN Prepared by Run Stillwater, Inc. –4/18/19 St. Croix Crossing Half Marathon, July 27, 2019 Parking Proposal: Approach Area Detail South of Brick Alley Building Stillwater, MN •Separate boat delivery/patron traffic from runners for safer environment for all •No need to reserve parking spaces in Brick Alley lot –only blocking access lane at north end with barriers provided by the event, leaving all cars to come in/out of south entry. •“No Parking” needed along 95 from Oasis to Brick Alley lot, 33 spaces total from 5 a.m. to 11 a.m. (at the latest) Loop Trail Road closed Trail alert, barriers, signage 0700-1100 Finish line Recovery food and medals Crowd barriers with gaps Portapotties PA announcer (tent, no stakes) Emergency Vehicles Course Marshals/Public Safety St. Croix Crossing Half Marathon, July 27, 2019 Parking Proposal: Finish Area Approach Stillwater, MN Prepared by Run Stillwater, Inc. –4/18/19 •We prefer that the trail be closed for the safety of runners and spectators If council has concerns about closing the trail, we can keep it open and ensure staff will be in place to keep runners and spectators safe. Lot 15 St. Croix Crossing Half Marathon, July 27, 2019 Preferred Finish Area Layout, Proposed Parking Needed from 5:00 a.m. to 12:00 noon Stillwater, MN Finish line Crowd barriers with gaps Proposed Reserved Parking NeededAppx: 25 11 west, 14 east Appx: 29 13 west, 16 east Prepared by Run Stillwater, Inc. –4/18/19 MEMORANDUM To: Mayor and City Council ii<_. ,,() From: Reabar Abdullah, Assistant City Engineer Date: May 3rd, 2019 Subject: Parking Restriction on 2nd Street N DISCUSSION: Improvements are planned for 2nd Street N from Laurel St E to Wilkins St E this summer as part of this year's Street Reconstruction Project. 2nd Street N is designated as a Municipal State Aid Street and State Aid funds would be used to fund the project. Since 2nd St N is a State Aid Street, the City is required to follow requirements in the design/construction of the street. One of these requirements deals with the width of street. 2nd St N is proposed to be constructed at a width of 32 feet face to face of curb. State Aid standards for a 32 foot wide street are for two travel lanes and one parking lane. Therefore, the City would be required to restrict parking on one side of the street by way of a Resolution. It is proposed to restrict parking on the west side of 2nd St N from Laurel St E to Aspen St with restricted parking memorialized in a Resolution. In order to receive approval for construction from The State Aid Office State Funding for this segment, parking restriction is required on one side of the street. RECOMMENDATION Since 2nd St N is a Municipal State Aid Street and 2nd St N from Laurel St E to Aspen St is planned to be constructed to 32 foot width. It is recommended that parking be restricted on the west side of 2nd St N from Laurel St E to Aspen St. ACTION REQUIRED If Council concurs with the recommendation, they should pass RESOLUTION NO. __ APPROVE PARKING RESTRICTIONS ON S.A.P.169-106 008 (2"d St N) FROM LAUREL ST E TO ASPEN ST IN THE CITY OF STILLWATER, MINNESOTA. APPROVE PARKING RESTRICTIONS ON S.A.P. 169-106-008 (2ND STREET N) FROM LAUREL ST E TO ASPEN ST IN THE CITY OF STILLWATER, MINNESOTA WHEREAS, this resolution was passed on the 7TH day of May 2019, by the City of Stillwater in Washington County, Minnesota. The Municipal Corporation shall hereinafter be called the "City". WITNESSETH: WHEREAS, the City has planned the improvement of 2nd Street N, State Aid Route No. 169-106 from Laurel St E to Wilkins Street E in the City of Stillwater, Minnesota; and WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of this Street; and WHEREAS, this improvement does not provide adequate width for parking on the west side of the street; from Laurel St E to Aspen St and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: that the City shall ban the parking of motor vehicles on the west side of MSAS 106 (2nd Street N) between Laurel Street E and Aspen St at all times. Adopted by the Council this 7th day of May 2019 . Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk %2$5'$*(1'$ %RDUGRI&RPPLVVLRQHUV )UDQ0LURQ'LVWULFW 6WDQ.DUZRVNL&KDLU'LVWULFW *DU\.ULHVHO'LVWULFW :D\QH$-RKQVRQ'LVWULFW /LVD:HLN'LVWULFW0D\$0 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 5ROO&DOO 3OHGJHRI$OOHJLDQFH &RPPHQWVIURPWKH3XEOLF Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. &RQVHQW&DOHQGDU5ROO&DOO9RWH Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action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ssistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call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his period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. %RDUG&RUUHVSRQGHQFH $GMRXUQ %RDUG:RUNVKRSVZLWK3XEOLF:RUNV6DUD$OOHQ3ODQQHU,,LWHP$ (PLO\-RUJHQVHQ3ODQQHU,,DQG-RVHSK$\HUV-RKQVRQ3ODQQHU,LWHP% $ 5HYLHZWKHUHVXOWVRIWKH*ROG/LQH%XV5DSLG7UDQVLW2ULHQWHG'HYHORSPHQW6WDWLRQ$UHD 3ODQQLQJVWXG\ %3UHVHQWDWLRQRQWKHSURSRVHG7UXQN+LJKZD\7+&RUULGRU7UDQVLW6WXG\ Washington : :County %2$5'$*(1'$ %RDUGRI&RPPLVVLRQHUV )UDQ0LURQ'LVWULFW 6WDQ.DUZRVNL&KDLU'LVWULFW *DU\.ULHVHO'LVWULFW :D\QH$-RKQVRQ'LVWULFW /LVD:HLN'LVWULFW $SULO$0 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 5ROO&DOO 3OHGJHRI$OOHJLDQFH &RPPHQWVIURPWKH3XEOLF Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. &RQVHQW&DOHQGDU5ROO&DOO9RWH Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. 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This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. %RDUG&RUUHVSRQGHQFH $GMRXUQ *HQHUDO$GPLQLVWUDWLRQ0ROO\2 5RXUNH&RXQW\$GPLQLVWUDWRU $ $GRSWDUHVROXWLRQWRDSSRLQW:D\QH+6DQGEHUJDV&RXQW\+LJKZD\(QJLQHHUWRDIRXU\HDU WHUPHIIHFWLYH0D\WKURXJK$SULO % /HJLVODWLYH8SGDWH Washington : :County STILLWATER TOWN BOARD MEETING April 11, 2019 Town Hall 7:00 P.M. PRESENT: Chairperson Sheila-Marie Untiedt, Supervisors Rod Hunter, Tim Sinclair, Bonnie Haines and Mike McMahon, Clerk Kathy Schmoeckel, Treasurer Marsha Olson and Chief of Police Steve Nelson. 1. AGENDA – M/S/P Hunter/Sinclair moved to adopt the agenda as written. (4 ayes) 2. MINUTES – M/S/P Hunter/Sinclair moved to approve the March 14, 2019 Stillwater Town Board Meeting minutes as written. (4 ayes) 3. ATTORNEY – a. Detachment from Lake Elmo – Mark Lambert was present to discuss his request to detach about 1 acre of his property from Lake Elmo to Stillwater Township. Stillwater Township had previously acquired about 56 acres of adjoining property through a detachment process with Lake Elmo. Mr. Lambert purchased this property last fall. He said that Lake Elmo has agreed to allow this one acre parcel to be detached. If that works out as proposed, he would need Stillwater Township to agree to accept the parcel. The next step would be for the entire property to be annexed into the City of Stillwater. Mr. Lambert is willing to pay for all fees associated with this process. M/S/P Sinclair/Hunter moved to authorize the Chair to sign the Resolution Supporting the Detachment of Certain Land Owned by Central Commons, LLC from the City of Lake Elmo Pursuant to Minn. Stat. Section 414.06 with the stipulation that Mr. Lambert submits in writing his agreement to pay all fees associated with this process. (4 ayes) b. CenturyLink Claim – Damage had been done to CenturyLink property by a snow plow truck at Stonebridge and Otchipwe. At this point we do not know if it was Washington County or Raleigh Trucking. The League of Minnesota Cities has been notified. 4. ENGINEER – a. 94th Street and Mendel Road Culverts – The Engineer plans to look at these culverts further, probably next week. b. Seal Coating – The bid received for the 2019 seal coating project is less than had been anticipated. M/S/P Hunter/McMahon moved to release the contract to Corrective Asphalt Materials. (4 ayes) c. Washington County Striping – The Engineer has identified roads to be re-striped in conjunction with Washington County’s striping. They will be asked to add the parking lot to the south of the town hall and to be sure to schedule after the seal coating has been done. Stillwater Town Board Mtg. – 4/11/19 Page 2 5. TREASURER – a. Report given. b. Building Inspection Fund – The fund is large because the building inspector does not sign off on and collect for a permit until the project has been completed. M/S/P McMahon/Sinclair moved to authorize the Treasurer to move $5,700.30 from the Building Inspection Fund to the General Fund. (4 ayes) c. Checks and Claims – 6. PLANNER – a. Briggs Lot Line Adjustment – This proposes to shift an existing lot line between two properties in order to reconcile structural encroachments that happened in the past. The proposed new lot line would not change the acreage of either parcel; it would simply shift the lot line between the two properties. M/S/P Sinclair/McMahon moved to authorize the Chair to sign the Encroachment Agreement. (4 ayes) b. Lynsky Subdivision – Mr. Lynsky was present to discuss his proposed subdivision. He is hoping to present this for formal consideration at the May Planning Commission and Town Board meetings. The Board did not see any problems with his concept plan. c. McDonald Farm Concept Design – This property had been under consideration for Washington County’s Legacy Program. Now the owners are planning to subdivide. They will be looking for a variance with respect to the setback from the water line. d. Tiny House COC – A Certificate of Occupancy has been issued to David Isaac for a temporary residential structure to be used during construction for up to 180 days. The owner is doing significant rehabilitation on the primary residence. (Bonnie Haines arrived.) 7. CHIEF OF POLICE – a. Report given. There were 22 burning permits issued. No dogs were impounded. They are still working on dog licensing. Five warning citations were issued and all responded. There were a total of 81 complaints in March. b. Road Restrictions – Road restrictions are still in effect. c. Annual CUP Checks – Checks have begun. There are now a total of 11 active CUP’s. Six have been completed, three are in process and 2 are still to check. d. Speed Sign Costs – Chief of Police Nelson had information about costs for speed signs. e. Arcola Heights Park – Chief Nelson suggested adding No Alcohol/No Drugs signs for enforcement. Deputies will add visits to their duties and Chief Nelson will also step up his visits. M/S/P Sinclair/Hunter moved to authorize the purchase of signs for Arcola Heights Park, not to exceed $150.00. (5 ayes) 8. PARK COMMITTEE – a. Wood Chips at Otto Berg Park – M/S/P McMahon/Hunter moved to accept the quote of $1,540.00 for wood chips. (5 ayes) The vendor will be asked to submit an invoice. Stillwater Town Board Mtg. – 4/11/19 Page 3 b. Valley Green Contract – The contract for lawn maintenance with Valley Green runs until the end of 2019. The last time the contract came up, it was put out for bids. The Park Committee feels that at this time they are comfortable renewing with Valley Green. More discussion later this year. c. Ash Trees in Otto Berg Park – Ash trees will need to be removed from the park due to the proximity of the ash bore. The Park Committee plans to get bids for this either this summer or next summer. d. Spring Clean Up Day – Spring Clean-Up day is May 11. 9. ADDRESS CHANGES – It has come to the attention that Washington County had assigned the Hearne, Hurry and Ostrowski properties the incorrect house numbers at the time the building permits were issued on 109th Street Court North. There was discussion on ways to address this issue in order to cause the least possible inconvenience to the residents. If the Ostrowski property is given the address of 14573, then the only change needed would be to the Hurry property. The Township Attorney will be asked to send a letter to Washington County to see if they would be agreeable to this solution. More discussion at the next meeting. 10. JOINT BOARD MEETING – Sheila-Marie Untiedt reported on the Joint Board meeting she attended where they discussed driveways coming out onto Boutwell. They would like to limit access onto Boutwell and require any future driveways to come out onto a secondary road. 11. CENTURYLINK INTERNET SERVICE – CenturyLink had met with Stillwater Township back in 2017 and we had not heard back from them since. Sheila-Marie Untiedt had met with them recently and they will be sending a proposal for possible grant opportunities to upgrade our service. 12. WASHINGTON COUNTY ASSESSMENTS – The average valuation increase for Stillwater Township was 28%. 13. JOINT TOWNSHIP MEETING – A Joint Township meeting will be held at Baytown Town Hall on Monday, April 29 at 6:30 p.m. Three or four Supervisors plan to attend. A possible agenda item is a discussion about the CenturyLink internet service. 14. ADJOURNMENT – The meeting was adjourned at 8:45 p.m. Clerk______________________________________ Chairperson_________________________________ Approved___________________________________