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HomeMy WebLinkAbout2019-07-02 CC Agenda Packet216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING July 2, 2019 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I.CALL TO ORDER II.ROLL CALL III.OTHER BUSINESS 1.Browns Creek Watershed Discussion 2.Seasonal Food Vending Permit Policy 3.Discussion on concept of concurrent detachment/annexation of properties with Oak Park Heights 4.615 Broadway Street South Designation Study Clarification IV.STAFF REPORTS 5.Police Chief 6.Fire Chief 7.City Clerk 8.Community Development Dir. 9.Public Works Dir. 10.Finance Director 11.City Attorney 12.City Administrator V.RECESS 7:00 P.M. AGENDA VI.CALL TO ORDER VII.ROLL CALL VIII.PLEDGE OF ALLEGIANCE IX.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS X.OPEN FORUM ‐the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. the council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to 5 minutes or less XI.CONSENT AGENDA (ROLL CALL) ‐ all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 13.June 18, 2019 regular meeting minutes 14.Payment of Bills 15.Case 2019‐23 to consider a Zoning Text Amendment to amend city code pertaining to the siting of wireless towers – Ordinance 2nd Reading 16.Ordinance amending City Code Section 35‐25 (d): Regulations for Commercial Lawn Fertilizer Applicators – Ordinance 2nd Reading 17.Baker‐Tilly (formerly Springsted) Financial Consulting Contract 18.Minnesota Historical Society Grant 19.Approving Revisions to City Employment Policy Manual due to new Wage Theft Law 20.Knights of Columbus Off‐Site Gambling application XII.PUBLIC HEARINGS - out of respect for others in attendance, please limit your comments to 10 minutes or less. 21.CPC Case No. 2019‐26 to consider a Zoning Text Amendment for the creation of a Rural Residential Zoning District. Notice was published in the Stillwater Gazette on Friday, June 14, 2019 (Motion to remove from agenda) 22.CPC Case No. 2019‐33 to consider an amendment to City Code Section 41‐8, Subd. 11(3) to increase the number of Type C Short Term Home Rental Licenses. Notice was published in the Pioneer Press on Thursday, June 20, 2019 – Ordinance 1st Reading XIII.UNFINISHED BUSINESS 23.Demolition Designation Study ‐ 116 Harriet Street North XIV.NEW BUSINESS 24.Lumberjack Days Parking Request 25.Ragnar Relay Event XV.COUNCIL REQUEST ITEMS XVI.ADJOURNMENT w a t e r Ie c o l o g y Ic o m m u n i t yEmmons & Olivier Resources, Inc. MIDS EvaluationProject Goals•Changes to Construction Stormwater General Permit (August 2018)•Adoption of MIDS by Oak Park Heights and Stillwater (May 2019)•Stakeholder Input Meeting (December 2018)•“Overly complicated and unclear”•“Cost to developers of not meeting the bar (requirement) right away”•“Too may jurisdictions with different rules”•“Alternatives and flexibility are desired” •“BCWD should adopt MIDS to be more consistent and make design easier – it’s good enough”•“Work together to solve the site constraints” MIDS EvaluationBCWD RULESMINIMAL IMPACT DESIGN STANDARDS (MIDS)HOW DO THE STORMWATER MANAGEMENT REQUIREMENTS (VOLUME AND WATER QUALITY) COMPARE IN THE LONG LAKE AND THE DIVERSION DRAINAGE AREAS?=>< Revisit RequirementsBCWD Rules1. 2018 Volume Control Requirement (same as 2007) 2. Difference between 2018 and 2000 Volume Control Requirements Revisit RequirementsMIDS Performance Goals•Full MIDSVolume control for 1.1” off runoff from impervious surfaces •FTO 1Achieve at least 0.55” volume reduction goal, and remove 75% annual TP load and consider relocating the project•FTO 2Achieve volume control to the Maximum Extent Practicable, and remove 60% annual TP load and consider relocating the project•FTO 3Off-site mitigation equivalent to the volume reduction performance goal Future DevelopmentGSA Contract: GS-10F-055WConsultation with Member Communities / State Agencies•City of Oak Park Heights•City of Stillwater•Washington County•MNDOT11% of Long Lake Drainage Area13% of drainage area to Diversion Structure Primary Site Constraints (1 of 2) Drinking Water Supply Management Area (DWSMA)•Stillwater does not allow infiltration inEmergency Response Area (ERA) within a DWSMA classified as having high or very high •Oak Park Heights does not allow infiltration within a DWSMA classified as having high or very high vulnerability Primary Site Constraints (2 of 2) Existing Agreements•Trout Stream Mitigation Project Agreement•Areas subject to the agreement were exempt from BCWD’s 2000 volume control requirement (provided by the Trout Stream Mitigation Project)•Communities have allowed for the difference between new rules and 2000 volume control requirement•Applies to specific portions of the cities of Stillwater and Oak Park Heights•Kern Center Pond Agreement•Regional treatment facility provides stormwater management up to a defined impervious threshold within the drainage area to Kern Center Pond Which requirements apply where? Which requirements apply where? Results: Volume ControlMIDS provides more volume control than BCWD Rule in the drainage area to the Diversion Structure•Total amount of stormwater runoff retained using MIDS Performance Goals is 15.45 AF •Total amount of stormwater runoff retained using BCWD Volume Control Standard is 11.57 AF•Difference of 3.9 AFMIDS provides more volume control than BCWD Rule in the Long Lake drainage area•Total amount of stormwater runoff retained in the Long Lake Drainage Area using MIDS Performance Goals is 10.74 AF •Total amount of stormwater runoff retained in the Long Lake Drainage Area using BCWD Volume Control Standard is 10.39 AF Results: Water QualityMIDS provides more WQ treatment than BCWD Rule in drainage area to the Diversion Structure •Total amount of annual TP loads retained using MIDS Performance Goals is 348.6 lbs/yr•Total amount of annual TP loads retained using BCWD WQ Standard is 338.2 lbs/yr•Difference of 10.4 lbs/yr or 3%BCWD provides more WQ treatment than MIDS in drainage area to the Diversion Structure •Total amount of annual TP loads retained using BCWD WQ Standard is 234.3 lbs/yr•Total amount of annual TP loads retained using MIDS Performance Goals is 225.5 lbs/yr•Difference of 8.8 lbs/yr or 4% Questions? 1. Policy confirmation:Food vending trucks catering outside of downtown.  The current policy is not to require a permit for mobile food vendors that are catering private gatherings outside of the downtown area.  These food vending caterers can only park on private property, not on public streets, in public parking lots or on other public property.  And, no sales can be made to the general public, only to the guests of the private gathering they are catering. Is the City Council supportive of this policy?Work SessionSeasonal food vending4 discussion points  2. Policy change:Food vending trucks catering downtown.The current policy is to require any food vending downtown to have a permit from the City.  But, staff has received a number of requests to allow mobile food vendors to cater private events downtown without a permit.  For example at the JX Event Center.  If a downtown property owner hosts food trucks only several times a year (three or less?), would the City Council be in support of allowing the food trucks to park on private downtown property to cater private gatherings without first getting a seasonal food vending permit? If so, how many days per year before a permit is required?A.  Food vending done in association with special events that have event permits from the City operate under the auspices of the event organizer and do not need a separate permit. 3. Policy confirmation:Food vending trucks catering in City parks.Is the City Council supportive of the current policy to allow mobile food vendors in city parks to cater private gatherings?  As long as the following standards are met, staff has been allowing this type of catering without a permit.A.  No sales to the public, only to the guests of the private gathering.B.  Parking of food truck allowed in parking lots within park, or at   Washington Square, in the parking area on the north side of the park.C.  Larger gatherings and “public events” require an event permit and food vendors would then operate under the auspices of the event permit.D. This policy does not apply to Lowell Park and the parking lots abutting it.  Since the Lowell Park is Downtown, a mobile food vendor can only operate there under the auspices of a special event permit approved by the City Council. 4. Ordinance amendment:Administrative issuance of seasonal food vending permits. Seasonal food vending permits are issued annually.  New permit applications, and applications with substantial changes from previous years are required to be reviewed by the Planning Commission.  In the four years since the standards for these permits were adopted by ordinance, it has become clear that as long as the applicants meet all of the performance standards, the Planning Commission has always approved them without conditions.  Therefore, staff believes it would be appropriate to revise the review process and make it administrative only.  If all standards are met, then the permit would be issued administratively.  If the Council supports this change, staff would draft an ordinance amendment and bring it back to the City Council. Work SessionDetachment/AnnexationDiscussion Subdivision 11 of Section 41-8, with legislative notation, would look as follows if therequested ordinance amendment were approved.Subd. 11. Limit on number of licenses.(1)Type A. No more than thirty-five (35) Type A licenses shall be issued at any onetime.(2)Type B. No more than thirty-five (35) Type B licenses shall be issued at any onetime.(3)Type C. No more thanfifteen (15) twenty-five (25)Type C licenses shall be issuedand valid at any one time.Of these twenty-five (25) licenses, no more than ten(10) shall be issued and valid for the CBD Zoning District and no more thanfifteen (15) shall be issued and valid for Residential Zoning Districts.Public HearingVacation Rental –Ordinance AmendmentIncrease number of Type C licenses The request to increase the number of Type C licenses to 25 has the effect of allowing five more in the CBD Zoning District and five more in the City’s Residential Zoning Districts.  CBD District Residential DistrictsIssued Available Issued Available TotalCurrent5010015Amendment5510525 Unfinished BusinessReconsideration of Demolition116 Harriet Street North memo E01, Project Name I MIDS Evaluation Date I 06/19/2019 To / Contact info I Karen Kill, Mike Isensee, MSCWMO and John Hanson, Barr Engineering Co. Cc / Contact info From / Contact info I Camilla Correll, PE; Cecilio Olivier, PE; Mike Talbot, EIT Regarding Review of Tasks 2 and 3 Goal of the MIDS Evaluation To evaluate how adopting MIDS in specific portions of the watershed will affect downstream resources: specifically Long Lake, McKusick Lake and the St. Croix River. This memo builds off the Task 1 memo by describing the steps taken to calculate the volume of stormwater runoff that would need to be mitigated under MIDS and the BCWD rules (Task 2) and how much water quality treatment would be provided by the application of each rule in this portion of the watershed (Task 3). As the Task 1 memo articulates, there is significant variation in the application of the MIDS Performance Goals and the BCWD rules in this portion of the watershed due to the following factors: Application of the TSMP Agreement and the Kern Center Agreement; Location of a Drinking Water Supply Management Area (DWSMA) classified as having high vulnerability; and Differences in how the cities of Stillwater and Oak Park Heights allow the use of stormwater infiltration in the DWSMA (i.e. Stillwater prohibits the use of infiltration within the ERA and allows it in the rest of the DWSMA while Oak Park Heights prohibits the use of infiltration in the entire DWSMA). At the end of this memorandum, EOR summarizes the overall findings of this evaluation. Comparison of Volume Requirements Task 2 of the MIDS Evaluation was to "calculate the volume of stormwater runoff that needs to be retained under the BCWD rules and MIDS". Using the assessment of future development (specifically Figure 9 of Task 1), EOR performed calculations to determine how much volume needs to be retained on site for each development area (see Table 1) for MIDS and the BCWD rules. These calculations were performed using the District's PCSWMM model which allows for event -based comparisons, meaning that pre -development and post -development runoff volumes can be determined for the 24- hour rainfall events prescribed by the rules. Since the MIDS Calculator generates results on an annual basis, it could not be used for the comparison of volume requirements. A description of the main parameters and assumptions used in the modeling analysis can be requested from the BCWD. As Table 1 demonstrates, MIDS provides more volume control than the BCWD's rules (for the entire drainage area to the Diversion Structure) due to all of the site restrictions and exemptions to the BCWD rules that apply in this portion of the watershed. The total amount of stormwater runoff retained using the MIDS Performance Goals is higher than that retained using the BCWD's rules: 15.45 acre-feet of runoff retained versus 11.57 acre-feet of runoff ( a difference of 3.9 acre-feet). EOR is an Equal Opportunity Affirmative Action Employer Emmons & Olivier Resources, Inc. 7030 6"' St. North Oakdale, MN 55128 T/ 651.770.8448 F/ 651.770.2552 www.eorinc.com memo 2 of 10 Table 1 also shows the differences in volume retained within the Long Lake drainage area. Again the total amount of stormwater runoff retained using the MIDS Performance Goals is higher than that retained by the BCWD rules: 10.74 acre-feet of runoff retained versus 10.39 acre-feet of runoff ( a difference of 0.35 acre-feet). A couple of assumptions were made in this analysis that require explanation: • The MIDS analysis assumes that a permit applicant can achieve 25% of the Full MIDS Performance Goal (1.1") when Flexible Treatment Option 2 applies to the site. "Maximum Extent Practicable" was assumed to be 1/4 of the Full MIDS requirement based upon a review of recent permit applications approved in this portion of the watershed. ■ Where a development area is located in the ERA or DWSMA and we know NPDES and the cities won't allow stormwater infiltration, we applied the full volume control requirement whether it's the 2018 volume control standard or the difference between the 2018 and 2000 standards. Because the rules do not currently include off -ramps or flexible treatment options, a permit applicant will be required to request a variance from the volume control standard if alternative means of volume control (e.g. green roofs, tree trenches, stormwater reuse) cannot achieve the full requirement. While the City of Stillwater is comfortable with the use of stormwater infiltration in a DWSMA classified as having high vulnerability, they have not performed the engineering review as required by the NPDES Construction Stormwater General Permit. Shawn Sanders, Stillwater Public Works Director has indicated that the City would be interested in partnering on the development of this engineering review. Emmons & Olivier Resources. Inc. 7030 6th St. North Oakdale, MN 55128 T/ 651.770 8448 F/ 651.770.2552 www eorinc.com memo Table 1. Summary of volume contr Develop. Area 1 Community Stillwater Allows Infiltration in DWSMA Yes Located in Agreement Area [TSMP/Kern] TSMP MIDS Volume Goal i. i ' BCWD Volume Requirement Difference 2018 & 2000 MIDS Volume [AF] 4.51 BCWD Volume [AF] 0.48 2 Stillwater Yes TSMP 1.1" Difference 2018 & 2000 1.07 0.27 3 Stillwater No - ERA TSMP FTO 2 Difference 2018 & 2000 0.17 0.08 4 Stillwater Yes TSMP 1.1" Difference 2018 & 2000 1.24 0.16 5 Stillwater Yes TSMP 1.1" Difference 2018 & 2000 0.81 0.17 6 Stillwater Yes TSMP 1.1" Difference 2018 & 2000 0.73 0.26 7 Stillwater Yes TSMP 1.1" Difference 2018 & 2000 1.76 0.50 8 Stillwater Yes Bradshaw NA— Regional Treatment NA -Regional Treatment NA NA 9 Stillwater/Lake Elmo/Grant Yes No 0.55" 2018 Rules 0.66 1.15 10 Oak Park Heights No No 0.55" 2018 Rules 0.17 0.37 11 Stillwater TWP Yes No i.1" 2018 Rules 2.35 4.09 12 StillwaterTWP Yes No 1.1" 2018 Rules 1.26 2.08 13 Oak Park Heights No Kern NA— Regional Treatment NA - Regional Treatment NA NA 14 Oak Park Heights No Kern NA — Regional Treatment NA - Regional Treatment NA NA 15 Oak Park Heights No Kern NA — Regional Treatment NA - Regional Treatment NA NA 16 Oak Park Heights No Kern NA — Regional Treatment NA - Regional Treatment NA NA FOR is an Equal Opportunity Affirmative Action Employer Emmons & Olivier Resources, Inc 7030 6'" St North Oakdale, MN 55128 T/ 651.770.8448 F/ 651.770.2552 www eorinc com memo 4of10 Develop. Area Community Allows Infiltration in DWSMA Located in Agreement Area [TSMP/Kern] MIDS Volume Goal BCWD Volume Requirement MIDS Volume [AFJ BCWD Volume [AF] 17 Oak Park Heights No TSMP FTO 2 Max. Extent Practicable (assumes 25% volume control) Difference 2018 & 2000 0.04 0.03 18 Oak Park Heights No TSMP FTO 2 Max. Extent Practicable (assumes 25%volume control) Difference 2018 & 2000 0.08 0.04 19 Oak Park Heights No TSMP FTO 2 Max. Extent Practicable (assumes 25% volume control) Difference 2018 & 2000 0.04 0.02 20 Oak Park Heights No No FTO 2 Max. Extent Practicable (assumes 25% volume control) 2018 Rules 0.10 0.72 21 Oak Park Heights No TSMP FTO 2 Max. Extent Practicable (assumes 25%volume control) Difference 2018 & 2000 0.18 0.07 22a Stillwater No — ERA No FTO 2 Max. Extent Practicable (assumes 25% volume control) 2018 Rules 0.15 1.01 22b Stillwater Yes No 1.1" 2018 Rules 0.03 0.05 23 Stillwater/Lake Elmo Yes No 1.1' NA — Project size does not trier Rule 0.05 0.08 TOTAL VOLUME RETAINED (Drainage Area to the Diversion Structure) 15.45 11.57 TOTAL VOLUME RETAINED (Drainage Area to Long Lake) 10.74 10.39 Emmons & Olivier Resources, Inc. 7030 6' St North Oakdale MN 55128 7/ 651 770 8448 F/ 651 770 2552 www eonnc com memo Comparison of Water Quality Requirements Task 3 of the MIDS Evaluation was to "compare how much water quality treatment is required for MIDS and the BCWD rules". Again, information regarding site restrictions (summarized in the Task lmemo) informs the level of water quality treatment provided by MIDS (the application of Full MIDS results in higher water quality treatment than the Flexible Treatment Options). Since the BCWD's water quality requirement is a stand-alone rule (independent of the volume control requirement), it is not affected by site restrictions that preclude the use of infiltration or result in a lower volume control requirement. Since the application of District's volume control requirement typically results in meeting or exceeding the District's water quality requirement, this volume retention is also evaluated as part of the water quality comparison. In order to perform an apples -to -apples comparison of the level of treatment provided by both standards, EOR used the MIDS Calculator, which allows for the comparison of annual total phosphorous (TP) loads. Table 2 identifies the annual % TP removal and TP load removed for MIDS, the BCWD volume control standard, and the BCWD water quality standard. As Table 2 demonstrates, the water quality treatment provided by MIDS and the BCWD rules is comparable in the drainage area to the Diversion Structure. The total amount of annual TP loads retained using the MIDS Performance Goals is higher than that retained using the BCWD's rules: 348.6 lbs/yr TP retained versus 338.2 lbs/yr TP (a difference of 10.4 lbs/yr TP or 30). Where we see a discrepancy in the level of treatment is when we compare the numbers for the Long Lake Drainage Area. In this case the total amount of annual TP loads retained using the BCWD rules is 234,3 lbs/yr versus 225.5 lbs/yr being retained by MIDS. This 8.8 lb/yr difference equates to a 40 difference in treatment between the BCWD rules and MIDS. If the BCWD Board of Managers approved any variances in the drainage are to Long Lake, the level of treatment provided by the BCWD rules would decreasing, bringing the level of treatment more in line with MIDS. EOR is an Equal Opportunity Affirmative Action Employer Emmons & Olivier Resources, Inc. 7030 61h St. North Oakdale, MN 55128 T/ 651.770.8448 F/ 651.770.2552 www.eorinc.com memo t ante 4. a.urnrne Develop. Area or water a ttiWI MIDS Performance Goal rat nll'enle 3St1 BCWD Volume Control Requirement for MIL/5 anu ntRVu BCWD Water Quality Requirement rules MIDS Approximate WQ Treatment BCWD WQTreatment Provided Control by Volume BCWD WQTreatment Required by Rule % Removal Load Removed [Ibs/yr] % Removal Load Removed [Ibs/yr] % Removal Load Removed [Ibs/yr] 1 Full MIDS Difference 2018 & 2000 Match annual pre- development TP load 92% 79.9 27% 23.1 76% 66.3 2 Full MIDS Difference 2018 & 2000 Match annual pre- development TP load 89% 26.9 49% 14.9 78% 26.2 3 FTO 2 Difference 2018 & 2000 Match annual pre- development TP load 60% 10.2 29% 4.9 80% 13.5 4 Full MIDS Difference 2018 & 2000 Match annual pre- development TP load 90% 29.6 29% 9.6 77% 25.0 5 Full MIDS Difference 2018 & 2000 Match annual pre- development TP load 87% 19.0 40% 8.9 63% 13.7 6 Full MIDS Difference 2018 & 2000 Match annual pre- development TP load 83% 17.8 54% 11.6 61% 13.0 FOR is an Equal Opportunity Affirmative Action Employer Emmons & Olivier Resources, Inc. 7030 6'h St. North Oakdale, MN 55128 T/ 651.770.8448 F/ 651.770,2552 www eorinc com memo 7 of 10 Develop. Area 7 MIDS Performance Goal Full MIDS BCWD Volume Control Requirement BCWD Water Quality Requirement Match annual pre- development TP load MIDS Approximate WQ Treatment BCWD WQTreatment Provided Control by Volume BCWD WQTreatment Required by Rule % Removal 88% Load Removed [lbs/yrj % Removal Load Removed [Ibs/yr] % Removal Load Removed [Ibs/yr] Difference 2018 & 2000 46.6 o 52/0 27.5 0 73/0 38.6 8 NA —Regional Treatment NA — Regional Treatment NA —Regional Treatment NA NA NA NA NA NA 9 FTO 1 2018 Rules Match annual pre-75% development TP load 17.0 91% 20.5 91%' 20.5- 10 FTO 1 2018 Rules Match annual pfe development TP load 75% 8.8 77% 9.2 83% 10.0 11 Full MIDS 2018 Rules Match annual pfe development TP load 92% 45.3 98% 48.4 98% 48.4. 12 Full MIDS 2018 Rules Match annual pre- development TP load 92% 21.6 98% 23.0 98% 23.0' 13 NA —Regional Treatment NA — Regional Treatment NA —Regional Treatment NA NA NA NA NA NA 14 NA —Regional Treatment NA —Regional Treatment NA —Regional Treatment NA NA NA NA NA NA Emmons & Olivier Resources. Inc. 7030 61° St North Oakdale, MN 55128 T/ 651 770 8448 F/ 651 770 2552 www eonnc com memo 8of1O Develop. Area 15 16 MIDS BCWD Performance Volume Goal Control Requirement BCWD Water Quality Requirement NA —Regional Treatment IMIDS Approximate WQ Treatment BCWD WQTreatment BCWD WQTreatment Provided by Volume Required by Rule Control % Removal NA Load Removed (Ibs/yr] NA % Removal NA Load Removed [Ibs/yr] NA % Removal NA Load Removed (Ibs/yr] NA NA — Regional Treatment NA —Regional Treatment NA— Regional Treatment NA— Regional Treatment NA— Regional Treatment NA NA NA NA NA NA 17 FTO 2 Difference 2018 & 2000 Match annual pre- development TP load 60% 1.9 40% 1.3 85% 2.7 18 FTO 2 Difference 2018 & 2000 Match annual pre- development TP load 60% 3.4 32% 1.8 81% 4.7 19 FTO 2 Difference 2018 & 2000 Match annual pre- development TP load 60% 1.9 29% 0.9 80% 2.6 20 FTO 2 2018 Rules Match annual pre - development TP load 60% 4.3 98% 7.0 98%' 7.0 21 FTO 2 Difference 2018 & 2000 Match annual pre- development TP load 60% 8.1 25% 3.3 81% 10.8 Emmons & Olivier Resources, Inc_ 7030 6'" St North Oakdale, MN 55128 T/ 651 770 8448 F/ 651 770 2552 www. eonnc com memo 9 of 10 Develop. Area MIDS BCWD BCWD Water MIDS Approximate WQ Performance Volume Quality Treatment Goal Control Requirement Requirement BCWD WQ Treatment Provided by Volume Control % Removal Load % Removal Removed (Ibs/yr) Load Removed [Ibs/yr] BCWD WQ Treatment Required by Rule % Removal Load Removed [Ibs/yr] 22a FTO 2 2018 Rules Match annual pre - development TP load 60% 6.5 98% 10.6 98%. 10.6. 22b Full MIDS 2018 Rules Match annual pre - development TP load 88% 0.8 96% 0.7 96%. 0.7 23 Full MIDS NA — Below threshold for linear project Match annual pre - development TP load 91% 0.9 0% 0.0 81% 0.8 TOTAL LOAD REMOVED (Drainage Area to the Diversion Structure) TOTAL LOAD REMOVED (Drainage Area to Long Lake) 348.6 225.5 227.1 164.7 338.2 234.3 * Sites where the full BWD rule requirement was applied even though the site falls in an area where stormwater infiltration is prohibited by NDPES and the community (i.e. site may be subject to a variance from the full volume control requirement). Emmons & Olivier Resources, Inc. 7030 6'" St North Oakdale MN 55128 T/ 651 770 8448 F/ 651 770 2552 www eorinc com memo Eo' Conclusions The results of this evaluation demonstrate that the application of MIDS in both the Long Lake Drainage Area and the drainage area to the Diversion Structure is comparable (and in some cases higher) to the level of treatment provided by the BCWD rules. As a result, the same level of protection for downstream resources should be provided by MIDS. This finding is based solely on the fact that there are numerous overlapping site restrictions and agreements with the cities of Stillwater and Oak Park Heights, which limit the application of the BCWD rules. If the District's 2018 volume control requirement could be applied to all development areas, a higher level of water quality treatment would be provided. Therefore, the results of this analysis cannot be extrapolated to the rest of the Brown's Creek watershed. FOR is an Equal Opportunity Affirmative Action Employer Emmons & Olivier Resources, Inc. 7030 6th St. North Oakdale, MN 55128 T/ 651.770.8448 F/ 651.770.2552 www.eorinc.com memo KR Project Name I MIDS Evaluation Date To / Contact info I Karen Kill, Mike Isensee, MSCWMO and John Hanson, Barr Engineering Co. Cc / Contact info From / Contact info I Camilla Correll, PE; Mike Talbot, EIT Regarding I Review of Task 1 Goal of the MIDS Evaluation Revised 06/26/2019 To evaluate how adopting the Minimal Impact Design Standards (MIDS) in specific portions of the Brown's Creek watershed could affect downstream resources: specifically Long Lake, McKusick Lake and the St. Croix River. This memo defines the evaluation area, determines where new development/redevelopment is anticipated, and the likely applicable MIDS performance goal for each anticipated development. This evaluation was conducted for the following two drainage areas: Long Lake Drainage Area - This area includes portions of the cities of Stillwater, Oak Park Heights, Lake Elmo and Stillwater Township. Drainage Area to the Diversion Structure - The drainage area to the Diversion Structure encompasses the Long Lake Drainage Area as well as the area between Long lake and the Diversion Structure east of Manning Avenie (County Road 15). This area also includes portions of the cities of Stillwater, Oak Park Heights, Lake Elmo and Stillwater Township. It should be noted that this drainage area does not include drainage west of County Road 15 in the City of Grant. Given that the request to consider MIDS for this portion of the watershed was brought up by the more developed communities concerned with implications to economic development along the Highway 36 corridor, the District limited the evaluation to these communities. Grants' desire to maintain rural development patterns means that there would likely be little to no development in this portion of the drainage area in the next 10 to 20 years. Additionally, the Trout Stream Mitigation Project (TSMP) Agreement Area does not apply to the City of Grant so there are no factors affecting the application of the District's rules. Definitions A quick definition or explanation of terms is provided to assist the reader with the terminology used for this evaluation. Hydrologic Soil Groups (HSG) - A classification system based on the soil's capacity to convey and store water. HSG's are divided into four groups (USDA NRCS): HSG A Well drained sands and gravel, high infiltration capacity, high leaching potential and low runoff potential HSG B Moderately drained fine to coarse -grained soils, moderate infiltration capacity, moderate leaching potential and moderate runoff potential FOR is an Equal Opportunity Affirmative Action Employer Emmons & Olivier Resources, Inc. 7030 6th St. North Oakdale, MN 55128 T/ 651.770.8448 F/ 651.770.2552 www.eorinc.com memo 2 of 19 HSG C Fine grained, low infiltration capacity, low leaching potential and high runoff potential HSG D Clay soils, very low infiltration capacity, very low leaching potential and very high runoff potential Emergency Response Area (ERA) - The part of the wellhead protection area that is defined by a one-year time of travel within the aquifer used by any given public water supply well (Minnesota Rules, part 4720.5250, subpart 3). It is used to set priorities for managing potential contamination sources within the DWSMA. This area is particularly relevant for assessing impacts from potential sources of pathogen contamination because this time of travel is believed to closely correspond with the survival period of many pathogens. Drinking Water Supply Management Area (DWSMA) - The surface and subsurface area surrounding a public water supply well, including the wellhead protection area, that must be managed by the entity identified in a wellhead protection plan. This area is delineated using identifiable landmarks that reflect the scientifically calculated wellhead protection area boundaries as closely as possible. Karst - A terrain having distinctive landforms and hydrology created primarily from the dissolution of soluble bedrock. In karst, water dissolves fractures and joints in the bedrock forming a network of interconnected underground conduits that can easily transport surface water to the groundwater system and carry groundwater long distances at speeds up to miles per day. Assessment of Future Development Activity Task 1 of the MIDS Evaluation was to "Determine how much of the evaluation areas would be subject to new development, redevelopment, infill, and road reconstruction/construction projects". This memorandum summarizes the work completed for this task. The BCWD met with MnDOT, the City of Stillwater and the City of Oak Park Heights to identify where new development and/or redevelopment is expected to happen in the drainage areas to Long Lake and the Diversion Structure (Figure 1) within the foreseeable future (defined as the next 10 years). Information for Washington County was collected using the 2030 Comprehensive Plan and their 5- year Capital Improvement Plan. In addition to identifying the parcels expected to be developed and/or redeveloped, the cities identified which parcels would be developed under a single plan and how much impervious coverage would apply to the anticipated development activity. Figure 1 identifies the individual parcels/roads expected to be developed/redeveloped and assigns an identification number to each development plan. In total, there are 19 development or redevelopment projects in the drainage area to Long Lake and 24 development or redevelopment projects in the drainage area to the Diversion Structure. Two of these projects are road improvement projects, both of which are located in both drainage areas: MNDOT's Highway 36 and Manning Avenue Interchange (Area #9) and the City of Oak Park Heights' frontage road reconstruction project (Area #10). There is also a portion of the Central Greenway Regional Trail that will likely be constructed in the City of Lake Elmo (Area #23). Emmons & Olivier Resources, Inc. 030 6'h St North Oakdale, MN 55128 T/ 651 770 8448 F/ 651 770.2552 www eorinc com memo 3 of 19 A couple of assumptions were made for development plans located in the City of Stillwater. Within the commercial area located east of County Road 5 and north of Highway 36 (Area #22), the City anticipates that Herberger's a department store, which closed in 2018, will redevelop in the foreseeable future (Area #22a). This site occupies seven parcels and is located east of Washington Avenue between Tower Drive and the Frontage Road. Within this same commercial area, the City envisions some of the larger parking areas redeveloping into fast-food/drive-through businesses (as Dairy Queen did at Valley Ridge Mall). As a result, it was assumed that a similar sized development would occur within the parking lot at Target (Area #22b), which is located in Stillwater Market Place. Additionally, it was assumed that 1/4 of the individual parcels in Area #6 will redevelop at a slightly higher density. Given these assumptions, 11% of the Long Lake drainage area and 13% of the drainage area to the Diversion Structure (as shown in Figure 1) would be subject to Rule 2.0 of the BCWD's Rules. Emmons & Olivier Resources, Inc. 7030 6" St. North Oakdale, MN 55128 T/ 651 770 8448 F/ 651 770.2552 www.eorinc.com memo 4 of 19 Legend Long Lake Drainage McKuskick Lake Diversion Drainage Area Washington Co 2017 Parcel _ Lake, Pond or Reservoir - Stream and Tributary - Future Road Construction Future Trail Connection Stillwater Zoning -% Impervious _ Very Low Density Residential - 20% IME Low Density Residential - 20% Medium Density Residential - 30% Low/Medium Density Residential - 50% MI Commercial - 80% - = Neighborhood Commercial - 60% Research, Development Park - 70% Oak Park Heights Zoning - % Impervious lip Commercial - 80% to 90% mu Multiple Family Residential - 65% Highway Business/Warehouse • 80% % impervious assigned 10 zoning • classifications are Pppfuemalions for purposes of the MIDS evaluation MIDS Evaluation - Future Development Assessment e Miles 0 05 Figure 1. Areas identified for future development in the drainage areas to Long Lake and the Diversion Structure. Emmons & Olivier Resources, Inc, /030 6''° Si North O ikd'lle, MN 55128 "PI 651 770 8448 F/ 65'1 710 2552 WWW eonnc.com memo 5 of 19 Application of the Minimal Impact Design Standards (MIDS) After identifying which parcels/roads the member communities and MNDOT expect to develop/redevelop in the next 10 years, FOR evaluated how the location of these sites may be impacted by prohibitions identified in the National Pollutant Discharge Elimination System (NPDES) Construction Stormwater General Permit (July 31, 2018) or site restrictions which would allow the development to meet alternative MIDS performance goals (or what is referred to as Flexible Treatment Options). It should be noted that three of the 24 development areas would not trigger the Construction Stormwater General Permit which has a trigger of one acre or more of land disturbance. Area # 8, Area #22b (fast-food/drive-through businesses in the Target parking lot) and Area #23 (regional trail) would likely fall below this threshold. Additionally, redevelopment activity in Area #6 may also fall below this threshold depending upon how these areas redevelop (individually or common plan of development). In all cases, development/redevelopment of these areas would trigger the BCWD's current rules (10,000 sq. ft. or more of imperviousness or 5,000 sq. ft. of imperviousness in the contributing drainage area of a groundwater dependent natural resource). It would also trigger the 6,000 sq. ft. threshold adopted by the Middle St. Croix WMO and the Valley Branch Watershed District (VBWD). According to the NPDES Construction Stormwater General Permit, the construction of infiltration systems within a DWSMA is prohibited if the system will be located: a. In an ERA within a DWSMA classified as having high or very high vulnerability; or b. In an ERA within a DWSMA classified as moderate vulnerability unless a regulated MS4 Permittee performed or approved a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater; or c. Outside of an ERA within a DWSMA classified as having high or very high vulnerability, unless a regulated MS4 Permittee performed or approved a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. While the BCWD rules do not currently include language restricting the use of infiltration in an ERA or DWSMA, the District is interested in applying its rules in a consistent fashion with the State of Minnesota and its member communities. In May 2019, the City of Stillwater adopted MIDS. According to the City's Engineering Design Guidelines, infiltration is precluded if the property is (1) within a Wellhead Emergency Response Area and (2) within a DWSMA with a moderate to high vulnerability. Recent permit applications located in the City of Oak Park Heights' DWSMA have not been allowed to use infiltration (or create new infiltration) to meet volume control requirements (e.g. Permit 18-11 Ridgecrest and Permit 18-08 Holiday Inn Express & Suites). As a result, it is assumed that both communities have limitations in the use of infiltration as a means of meeting the MIDS requirement or the BCWD rules and will continue to be a factor for consideration under the District's variance process. Specifically, the City of Stillwater prohibits the use of stormwater infiltration in the ERA and the City of Oak Park Heights prohibits infiltration in the DWSMA. According to Minnesota Statute 115.03, Subd. 5c (c) "The agency (MPCA) shall develop performance standards, design standards, or other tools to enable and promote the implementation of low impact Emmons & Olivier Resources, Inc. 7030 6th St, North Oakdale, MN 55128 T/ 651.770 8448 F/ 651 770.2552 www.eorinc.com memo 6 of 19 development and other stormwater management techniques. For the purpose of this section, "low impact development" means an approach to stormwater management that mimics a site's natural hydrology as the landscape is developed. Using the low impact development approach, stormwater is managed on site and the rate and volume of predevelopment stormwater reaching receiving waters is unchanged. The calculation of predevelopment hydrology is based on native soil and vegetation." In 2013, MIDS was released after a five-year long development process. While the MIDS performance goal for new development sites that do not have restrictions is the retention of 1.1 inches of runoff from imperious surfaces, there are different performance goals for redevelopment activity, linear projects and sites subject to conditions that may limit the use of infiltration. If site restrictions make it infeasible to meet the 1.1 inch performance goal, a 0.55 inch performance goal is explored, followed by a 60 percent annual Total Phosphorous removal goal, and then a final option of meeting the 1.1 inch volume reduction goal at an off -site location. To determine which performance goal would apply to the individual development plans identified in Figure 1, FOR evaluated which site restrictions would apply to each of the sites (see Table 1). As Table 1 indicates, the main factors influencing application of the performance goals are HSG D soils and the DWSMA. Figures 2 through 5 illustrate how these particular site restrictions affect the application of the BCWD rules and MIDS on the development plans. Specifically, Figures 2 and 3 identify where HSG D soils are located on the development plans and Figures 4 and 5 illustrate how the development plans are situated relative to the City of Stillwater's and Oak Park Heights' drinking water supply management areas (DWSMAs). Figure 2. Location of HSG D soils within development areas in Long Lake Drainage Area Emmons & Olivier Resources, Inc. 7030 6'h St North Oakdale, MN 55128 T/ 651 770 8448 F/ 651.770 2552 www eorinc.com memo 7 of 19 Figure 3. Location of HSG D soils within development areas in Drainage Area to Diversion Structure ® ERA DWSMA Vulnerability H ,fry Figure 4. Location of development areas within DWSMA with high vulnerability in Long Lake drainage area Emmons & Olivier Resources, Inc. 7030 6'h St. North Oakdale, MN 55128 T/ 651 770 8448 F/ 651 770 2552 www eorinc com memo 8 of 19 Figure 5. Location of development areas within DWSMA with high vulnerability in drainage area to the Diversion Structure In addition to evaluating the site restrictions identified in the MIDS Design Sequence Flowchart - Flexible Treatment Options, FOR considered whether or not the development plans would be subject to existing agreements or regional treatment. The BCWD is a partner to two agreements, which exempt certain portions of the watershed from the District's volume control requirement: the TSMP Agreement and the Kern Center Pond Agreement (Figure 6). If a development plan falls within one of these two agreement areas, it is noted in the column titled "Other restrictions" in Table 1. Additionally, Area #8 falls in the Bradshaw Development, which implemented a stormwater management plan designed to retain runoff for all events up to the 100-year 24-hour rainfall event. Emmons & Olivier Resources, Inc. 7030 6'h St. North Oakdale, MN 55128 T/ 651 770 8448 F/ 651 770.2552 www.eorinc.com C EU? cylhgy c nm nt unify grant � ' : 11 : , xti r/ri Legend QLong Lake Drainage Area MCKusklck Lake Diversion Drainage Area II. Kern Center Agreement 0 Development Area - Future Road Construction Future Trail Connection TSMP Agreement Washington Co 2017 Parcel - Lake, Pond or Reservoir - Slream and Tributary IUtir▪ rJr/1� ▪ I I tzF:1`LIJL r i. b Figure 6. Portions of the drainage areas subject to TSMP and Kern Center Pond Agreements 'Emmons & Olivier Resources, Inc. meino 9 of 19 MIDS Evaluation - Agreement Areas Miles IWO 0 0.5 7030 61" S. North Oakdale, MN 55128 Ti 651 770.. 8448 F/ 65.1 770.2552 www.eorinc•com memo 1 0 of 'I 9 After evaluating all of the site restrictions, FOR determined which of the MIDS requirements would apply to each of the development plans. This information is summarized in Table 2. Emmons & Olivier Resources, Inc. 7030 6th St. North Oakdale. MN 55128 1/ 651 770 8448 F/ 651 770 2552 www.eorinc.com memo ECR Table 1. Ssummary of site restrictions Development Plan ID Size Imp. [acres] Area Site Restrictions D Soils Soils w/ >8 iph DWSMA ERA [Y/N] Karst Shallow gw/ bedrock Contaminated soils Other restrictions 1 70.3 49.2 25% None 100% Y / N None TBD None TSMP Agreement 2 29.3 7.3 12% None 100% N None TBD None TSMP Agreement 3 12.5 7.5 20% None 0% Y None TBD None TSMP Agreement 4 27.1 6.8 25% None 0% N None TBD None TSMP Agreement 5 29.3 7.3 25% None 9% N None TBD None TSMP Agreement 6 31.9 9.6 8% None 0% N None TBD None TSMP Agreement 7 54.9 11.5 9% None 0% N None TBD Potential TSMP Agreement 8 0.5 0.3 0% None 100% N None TBD None None 9 14.4 14.4 20% None 100% N None TBD Potential Electric, Storm 10 7.4 7.4 1% None 100% N None TBD Potential Electric, Storm 11 34.3 25.7 19% None 100% N None TBD None None 12 17.2 13.8 23% None 100% N None TBD None Electric, Storm, Easement 13 5.5 4.4 0% None 100% N None TBD None Kern Center Agreement 14 3.7 3.0 0% None 100% N None TBD None Kern Center Agreement, Electric, Storm, Easement 15 4.2 3.4 8% None 100% N None TBD None Kern Center Agreement, Electric, Storm, Easement 16 2.4 1.9 0% None 99% N None TBD None Kern Center Agreement, Electric, Storm, Easement 17 2.3 1.8 0% None 100% N None TBD None TSMP Agreement, Electric, Storm, Easement FOR is an Equal Opportunity Affirmative Action Employer Emmons & Olivier Resources, Inc 70306th St North Oakdale, MN 55126 T/ 651.770.8448 F/651.770,2552 www.eorinc.com memo 12 of 19 Development Plan Site Restrictions ID Size [acres] Imp. Area D Soils Soils w/ >8 iph DWSMA ERA 1V/N] Karst Shallow gw/ bedrock Contaminated soils Other restrictions 18 4.3 3.4 0% None 100% N None TBD None TSMP Agreement, Electric, Storm, Easement 19 2.4 1.9 1% None 100% N None TBD None TSMPAgreement 20 5.2 4.2 0% None 100% N None TBD None Electric, Storm, Easement 21 9.9 7.9 0% None 100% N None TBD None TSMPAgreement 22a 8 6.4 36% None 100% Y None TBD Potential None 22b 0.5 0.4 36% None 100% N None TBD Potential None 0.6 0.6 50% None 100% N None TBD None None Note: Linear projects highlighted in grey. Emmons & Olivier Resources, Inc. 7030 6'" St North Oakdale, MN 55128 T! 651.770 8448 FI 651 770 2552 www eorinc corn memo Using the Final MIDS Flow Chart, it was determined which of the MIDS performance goals would apply to the development plans identified by MNDOT and the communities. This information is summarized in Table 2. Table 2. Summary of which MIDS performance goals apply to individual development plans Develop. Plan MIDS Performance Goal Community Allows Infiltration in DWSMA Volume Goal Water Quality Goal 1 Full MIDS 2 Full MIDS 3 FTO 2 Within the DWSMA and in a community that allows infiltration w/in the DWSMA: Retain on site a volume of 1.1" from impervious surfaces Stillwater Yes 1.1" NA Stillwater Within the ERA of a DWSMA: Community does not allow infiltration Stillwater 4 Full MIDS 5 Full MIDS 6 Full MIDS 7 Full MIDS Outside of the DWSMA: Retain on site a volume of 1.1" from impervious surfaces Stillwater Stillwater Yes No Yes 1.1" NA Max. Extent Practicable 60% TP Yes 1.1" 1.1" NA NA Stillwater Yes 1.1" NA Stillwater Yes 1.1" NA 8 Full MIDS Within the DWSMA and in a community that allows infiltration w/in the DWSMA: Retain on site a volume of 1.1" from impervious surfaces Stillwater Yes 1.1" NA 9 10 FTO 1 FTO 1 Goal for Linear Project: 0.55 inches of runoff from the new and fully reconstructed impervious surfaces 11" Full MIDS 12" Full MIDS Within the DWSMA and in a community that allows infiltration w/in the DWSMA: Retain on site a volume of 1.1" from impervious surfaces Stillwater/Lake Elmo/Grant Oak Park Heights Yes 0.55" 75% TP No 0.55" 75% TP Stillwater Yes 1.1" NA Stillwater Yes 1.1" NA FOR is an Equal Opportunity Affirmative Action Employer Emmons & Olivier Resources, Inc. 7030 6'h St. North Oakdale, MN 55128 T/ 651.770 8448 F/ 651.770.2552 www.eorinc.com memo 14 of 19 Develop. Plan MIDS Performance Goal Community Allows Infiltration in DWSMA Volume Goal Water Quality Goal 13 FTO 2 14 FTO 2 15 FTO 2 16 FTO 2 17 FTO 2 18 FTO 2 19 FTO 2 20 FTO 2 21 22a FTO 2 Within the DWSMA and in a community that does not allow infiltration w/in the DWSMA 2.a. Achieve volume reduction to the maximum extent practicable (as determined by the Local Authority), and 2.b.Remove 60% of the annual TP load Oak Park Heights No Max. Extent Practicable 60% TP Oak Park Heights No Max. Extent Practicable 60% TP Oak Park Heights No Max. Extent Practicable 60% TP Oak Park Heights No Max. Extent Practicable 60% TP Oak Park Heights No Max. Extent Practicable 60% TP Oak Park Heights No Max. Extent Practicable 60% TP Oak Park Heights No Max. Extent Practicable 60% TP Oak Park Heights No Max. Extent Practicable 60% TP Oak Park Heights No Max. Extent Practicable 60% TP FTO 2 Within the ERA of a DWSMA: Community does not allow infiltration Stillwater No Max. Extent Practicable 60% TP 22b Full MIDS Within the DWSMA and in a community that allows infiltration w/in the DWSMA: Retain on site a volume of 1.1" from impervious surfaces Stillwater Yes 1.1" NA 23 Full MIDS Goal for Linear Project: 1.1 inches of runoff from the net increase in impervious area Stillwater/Lake Elmo Yes 1.1" NA Note: Linear projects highlighted in grey. * The water quality goal for full application of MIDS is retaining the volume from 1.1" of impervious surfaces, which equates to approximately 90% TP and TSS removal over the course of an average year. Emmons & Olivier Resources, Inc. 7030 6th St North Oakdale, MN 55128 T/ 651 770 8448 F/ 651 770 2552 www.eorinc com memo 15of19 ** While Development Areas #11 and #12 are located in the Stillwater TWP, conversations with the Cities of Stillwater and Oak Park Heights indicate that this property will likely fall within the City of Stillwater's jurisdiction. Conclusions As this memorandum describes, the main site restrictions driving the application of the BCWD rules and MIDS performance goals are (1) the Emergency Response Area (ERA) and/or Drinking Water Supply Management Area (DWSMA) and (2) existing agreements, which exempt development from portions of the District's volume control requirement. The following flow charts illustrate how these restrictions affect the application of MIDS and the BCWD rules. Figure 7 illustrates how a site's location in a DWSMA (classified as having high vulnerability) and in the ERA, determine which MIDS performance goal a site has to meet: Full MIDS or Flexible Treatment Option 2. Emmons & Olivier Resources, Inc. 7030 6'h St; North Oakdale, MN 55128 Ti 651 770 8448 F/ 651 770.2552 www eorinc.com memo 16 of 19 Stillwater Located in ERA to inf." • to infiltrate FTO 2 Figure 7. Flow chart illustrating how location within DWSMA affects the application of MIDS Figure 8 illustrates how a site's location in an agreement area (TSMP or Kern Center), determines which BCWD volume control requirement a site has to meet: 2018 rules, difference between the 2018 and 2000 rules, or no additional treatment required because regional treatment has already been approved under an existing permit. Emmons & Olivier Resources, Inc. 7030 6'h St. North Oakdale, MN 55128 T/ 651 770 8448 F/ 651 770 2552 www eorinc com Located in TSMP area Difference between 2018 & 2000 JC�JC n1 1JI j'j eem rea r Located in Kern center Exempt from Rule 2.0 Full BCWD 2018 Rules eg bnal treatment provl memo 17 of 19 Figure 8. Flow chart illustrating how location within existing agreement area impacts the application of BCWD rules Table 3 summarizes how all of these factors play out in the project area and identifies which MIDS Performance Goal and BCWD rule requirement applies to each individual development area given its proximity to site restrictions and agreement areas. It should be noted that the MIDS requirement for linear projects is not reflected in Table 3 but was taken into account in the comparison of volume control requirements and water quality treatment. Figure 9 summarizes the same information in a visual format. Emmons & Olivier Resources, Inc. 7030 6th St North Oakdale, MN 55128 T/ 651 770 8448 F/ 651 770 2552 www.eorinc com Table 3. Tabular summary of how MIDS Performance Goals and BCWD rules apply to development areas roximit to Existing Agreement ArealRegional reatmen Proximity Stillwater in TSMP Agreement Area Stillwater Outside of TSMP Agreement Area OPH in TSMP Agreement Area OPH Outside of TSMP Agreement Area Kern Center Agreement Area Bradshaw Development o Drinking Water Supply Management Area (DWSMA) Stillwater in Emergency Response Area (ERA) Stillwater in DWSMA Stillwater not in DWSMA OPH DWSMA Area 3v oi, Areas 1, 2 Areas 4, 5, 6, 7 1 Area 22a Areas 9, 11, 12, 22b, 23 Areas 17, 18, 19, 21 Areas 20, 10 C4B Areas 13, 14, 15, 16 0 Area 8 Cif.) MIDS Full ■ ► O MIDS FTO 2 • BCWD 2018 BCWD Partial Regional Treatment Emmons & Olivier Resources, Inc. memo 18 of 19 7030 6'h St. North Oakdale, MN 55128 T/ 651 770 8448 F/ 651 770 2552 www eorinc.com �y5 merino 19 of 19 I.i rAf IA t l��i' r Legend OLong Lake Drainage McKuskick Lake Diversion Drainage Area Q Development - Future Road Construction Future Trail Connection TSMP Agreement Washington Co 2017 Parcel I- Lake, Pond or Reservoir - Stream and Tributary TSMP Stillwater TSMP Stillwater, ERA TSMP Stillwater, DWSMA 111111 Stillwater, DVvSMA Kern Center - Regional Stillwater DWSMA, ERA OPH, DWSMA TSMP OPH, DWSMA MIDS Evaluation - Agreement Areas Miles 0 0.5 Figure 9. Graphical summary of how MIDS Performance Goals and BCWD rules apply to development areas Emmons & Olivier Resources, Inc. 7030 6'1' St- North Oakdale. MN 55128 7/ 651 770 8448 F/ 651.770 2552 www,eorinc.com • ti Julyl,2019 Ted Kozlowski, Mayor Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Heritage Preservation Commission Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 City Council of the City of Stillwater Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Re: The Demolition Permit Application, Demolition Designation Study, and proposed Designation of a Heritage Preservation Site concerning the real property located at 615 Broadway Street South, Stillwater, Minnesota (the "Property''). Mayor Kozlowski, Honorable Counci lors, and Honorable Commissioners , Please be advised that I am an attorney and that I represent Reid and Julie Miller in this matter. On February 22, 2019, my clients applied for a demolition permit from the Heritage Preservation Commission ("HPC "). On April 3, 2019, the HPC found that the Property was a historic resource and did not immediately approve the application for a demolition permit. On April 16, 2019, the City Council ordered the preparation of a designation study to determine if the Property should be designated as a historic preservation site . Based on the Council 's dec ision, the City 's chosen expert performed an evaluation of the Property to determine if it should be designated as a historic preservation site . The expert 's evaluation applied the criteria found in the City Code at section 22-7, subdivis ion 4: a. The character , interest or value as part of the development heritage or cultural characteristics of the city, state or county. b . The location as a site of a significant historic event. c. The identification with a person or persons who significantly contributed to the city's culture and development. d. The embodiment of distinguishing characteristics of an architectural style , period, form or treatment. e. The identification as work of an architect or master builder whose individual work has influenced the city's development. f. The embodiment of elements of architectural design, detail, materials or craftsmanship that represent a significant architectural innovation. fV1AIN OFFICE & MAILING ADDRESS" 477C WHITE BEAR PARKWA/ • WHITE 3EAR LAKE, MN '.:>:i110 PLYMOUTH •.OCATION J02(J HARBOP LANE NORTH,# 03, PLYIVIOUTH, M~J 5S447 fELEPHONF 65 ° -426-124S ' -1>.CSIMILE. 651 426 9:i01 WWW GDOLPW COIVI P a g e 12 g. The unique location or singular physical characteri stic representing an established and familiar vi sual feature of a neighborhood, community or the city. The Demolition Designation Study was submitted to the City on May 24, 2019 . The City's chosen expert reached the conclusion that the Property does not meet any one of the seven possible criteria for listing as a historic preservation site. Nevertheless, the City Council voted , by a 2-1 vote to "reject" the Demolition Designation Study and referred this matter to back to the HPC to reevaluate if this Property should be designated as a historic preservation site . . After the City Council 's r ejection of the study, the City Code contemplates that the Planning Commission and State Historic Preservation Office will consult the HPC. The HPC will then hold a public hearing and make a recommendation to the City Council as to whether or not the City should locally designate the structure. The City Council would then hold another public hearing and make a final decision. Each of the upcoming public hearings would require public notice and the additional investment of City resources. Moreover , the City Code also requires the HPC to make recommendations concerning a "proposed program for site preservation" -yet another investment of City resources. My understanding is that the relevant sections of the City Code have been infrequently invoked and not amended for many years . I write primarily to make the City aware that state statute, together with a 20 13 decision of the Minnesota Supreme Court, requires the City to issue the demolition permit that my clients applied for. Considering the involved and costly procedures required by the City Code going forward, and the lack of any evidence to support designating the Property as a historic preservation site, the City Council should simply reconsider its prior decision and vote to accept the Demolition Designation Study and issue a demolition permit. Cities must approve or deny a "written request relating to zoning" within 60 days of the application . Minn. Stat. § 15.99, sudb . 2(a). If a city does not act within the 60-day deadline, the application is automatically approved. Id. Heritage preservation proceedings fit within the definition of a "written request relating to zoning." 5 00, LLC v. City of Minneapolis, 83 7 N. W .2d 287, 292 (Minn . 2013 ). Thus , my clients' demolition permit application is automatically approved unless it was denied within 60 days of February 22, 2019. More than four months have passed since the application was submitted to the City and there has been no final decision on my clients ' application. The 60-day "clock" does not stop until a final decision has been made. Moreno v. City of Minneapolis, 676 N .W.2d 1, 5-6 (Minn. Ct. App. 2004). Under the applicable provision of the City Code, section 34-4 , subdivision 2(2)(b)(iii)(l), the application is still pending a final decision. The demolition permit would still be approved if "the completed designation study is not approved within 180 days of the commission determination" or "if the city council denies implementation of the designation study ." Under the terms of the City Code , the City Council could still approve m y client's application-no final decision has been made. I realize that the City does not need a letter from me to explain the law. The City has an excellent city attorney to tum to in the event they have any legal questions . However, my clients and I felt it was important to make the City aware of this legal authority before significant public resources P a ge J3 are expended in the futile pursuit of de signating the Property as a hi storic site. The demolition permit has already been approved by operation of Minn. Stat. § 15.99. Mayor Kozlowski and Councilmember Weidner were not present for the vote rejecting the Demolition Designation Study . It would seem that the most efficient way to address this issue would be for the City Council to reconsider its rejection of the Demolition Designation Study at the next meeting of the City Council and vote to accept the study and issue the permit. I respectfully request that Mayor Kozlowski and Councilrnember Weidner move to put this matter on the agenda for the City Council meeting of July 2, 2019. Thank you for your time and attention to this matter. Peter J. Frank Attorney at Law cc: Reid and Julie Miller Karine Land, Esq., City Attorney Page 1 LIST OF BILLS 3D Specialties Inc. Ped xing stop signs 1,937.84           Abrahamson Nurseries Mary Lane Drainage Landscaping 7,180.80           Ace Hardware Supplies 152.60               Action Rental Inc. Equipment rental 416.00               Advance Auto Parts Equipment repair supplies 291.97               Advanced Graphix Inc. Fire graphics for trailer 2,810.00           American Planning Association APA Membership 444.00               Armor Security Inc. Quarterly Monitoring Service 84.00                 Arrow Building Center Azek sheets 402.02               Aspen Mills Uniforms 602.38               ATOM Training 300.00               AWI Diversified LLC St. Croix River Benches ‐ SHIP Grant 5,500.00           Barnum Gate Services Gate services 270.00               Beehive Industries LLC Beehive subscription 27,431.50         BHE Community Solar Solar Energy 5,712.99           Brochman Blcktopping Court Rehab 34,265.27         Bryan Rock Products Inc. Red Ball 758.33               Buberl Black Dirt Inc. 3 yard black dirt pick up in may 45.00                 CalAtlantic Homes Grading Escrow Refunds 4,500.00           Cambronne Eric Mileage pd by MN ST on Jury Duty 3.24                   Carlile Michelle Refund of Park Fee 100.00               CDW Government Inc. Computer equipment 1,301.93           Century Link Fire Alarms & Phones 131.75               Century Power Supplies 7.36                   Cintas Corporation Uniforms and mat cleaning service 628.16               City of St. Paul Asphalt 67.65                 Cole Papers Supplies 121.12               Coverall of the Twin Cities Commercial cleaning services 540.00               Cub Foods Strategic planning workshop 44.27                 Dalco Janitorial supplies 1,214.75           Dell Marketing L.P. Computer equipment 2,538.87           Desch Mark & Gloria Refund of Park Fees 140.00               ECM Publishers Publications 213.75               Environmental Equipment & Services Equipment repair charges 277.70               Fastenal Company Jobsite StorBox 755.54               Flaherty & Hood P.A Job classification 250.00               FleetPride Equipment repair supplies 280.72               Freds Tire Company Tire repair 36.99                 Gertens Wholesale Landscaping Pioneer Park 2,878.90           Grainger Building repair supplies 128.41               Greiner Mick Reimburse for Mileage 114.90               Group Medicareblue RX Retiree Prescriptions Ins 2,569.00           Hardwood Creek Lumber Inc. 2019 Street Project 263.60               Heavy Equipment Repair Inc Equipment repair 275.00               Heritage Printing Inc. Office supplies 203.00               Hoisington Koegler Group Inc Comprehensive Plan Update 2,492.48           Hugo Equipment Company Equipment repair supplies 124.16               Kermits Disposal of Forest Lake Northland Park hockey boards 450.00               Page 2 Lakeview Hospital Legal blood draws 50.00                 Lano Equipment Equipment repair supplies 1,945.37           Madden Galanter Hansen LLP Labor Relations Services 32.00                 Manos Nancy Reimburse for mileage 24.55                 Mansfield Oil Company Fuel 10,277.01         McDonoughs Sewer Services Pump repair 2,106.50           Menards Supplies 4,989.79           MidAmerica Inc Sandbag removal ‐ flood 3,806.00           Miller Excavating Excavating ‐ flood 935.00               Minnesota Occupational Health MRO Collection 293.75               Minnesota Trucking Assoc Re‐Certification 100.00               MK Mechanical Inc Taco pump seal 1,400.00           Motorola Solutions Inc. 800 MHz Radios 37,041.00         National Reprographics LLC Scans 563.50               Nelson Andrea Refund of Park Fees 70.00                 Nuss Truck & Equipment Equipment repair supplies 19.04                 Office Depot Office supplies 892.02               Olander Alicia Refund of Park Fee 100.00               OMG Midwest Lily Lake Basket Ball 23,300.00         Oneill Electric Electrical repair 8,405.00           OnSite Sanitation Portable Restroom 845.81               O'Reilly Auto Parts Tire sealant 32.99                 Pioneer Rim and Wheel Co. Vehicle repair 1,072.76           Quill Corporation Office supplies 102.94               Rehn Code Consulting Services Plan review 9,373.49           Rock Hard Landscape Supply Pioneer Park 3,500.00           Safe Fast Inc Safety equipment 252.95               SiteOne Landscape Supply Park supplies 335.45               Sneen Tamara Refund of parking permit 30.00                 St. Croix Boat and Packet Co. Ramp cleaning 810.00               Stillwater Glass Inc. Chip repair on police vehicle 60.00                 Stillwater Motor Company Vehicle service 77.54                 Stillwater Towing Towing service 350.00               Straus Patricia Refund for chicken permit minus expenses 25.50                 Streichers Bullet proof vests ‐ BUP Grant 972.50               Summit Companies Added sprinkler to new office 450.00               T.A. Schifsky and Sons Asphalt 11,868.38         Tessman Seed Co. St. Paul Field supplies 222.91               Thoren Dawn Reimburse for license plates 46.75                 Tire Pros Tire 116.78               Tri‐State Bobcat Equipment repair supplies 4,340.23           Valley Trophy Inc. Name plates 65.00                 Verizon Wireless Wireless Service 2,356.62           Vetsch Sandra Reimburse for tactical vest carrier 175.00               Washington County Public Safety Radio 800 Radio user fees 9,374.82           WSB & Associates Inc. St. Croix Area Tree Survey 3,100.00           Xcel Energy Energy 29,017.47         Page 3 REC CENTER AE2S Construction Dome Project 104,893.39       Becker Arena Products Equipment repair supplies 50.81                 Canteen Refreshment Services Concession supplies 1,684.48           Century Link Telephone 30.02                 Cintas Corporation Mat cleaning service 103.00               Comcast TV Internet & Voice 373.65               Corval Constructors Equipment repair supplies 347.50               Ebert Construction Dome Project 269,489.90       Holiday Credit Office Fuel 37.74                 Kendell Doors & Hardware Equipment repair supplies 584.32               Kraus‐Anderson Dome Project 60,287.48         Lindstrom Solar LLC Solar Energy 7,113.36           Menards Equipment repair supplies 34.15                 Metro Sheet Metal Inc Dome Project 9,500.00           Miller Excavating Dome Project 187,108.96       STAR Facility Membership 275.00               Summit Companies Dome Project 1,765.57           Wasche Commercial Finishes Dome Project 79,456.57         Xcel Energy Relocate primary for addition 8,925.77           LIBRARY Brodart Co Materials 4,608.11           Loffler Companies Print/Copy Charges 695.77               Master Mechanical Inc. Equipment repair 6,091.72           Menards Supplies 35.80                 Midwest Tape Materials 1,089.97           Office of MN IT Services Phone ‐ May 138.50               Stillwater Medical Group Drug Screening 166.00               ADDENDUM Ace Hardware Supplies 15.07                 Barber Paul Pre Fireworks Show 4,000.00           McCarty Tom Reimburse for conference expenses 35.35                 Polco License & platform access 3,000.00           Simplifile Filing Fee 50.00                 Uline IT Office Furiture 5,166.48           Wolf Beth Reimburse for conference expenses 644.84               WS&D Permit Service Refund 80% Permit 156.20               TOTAL 1,044,539.85    Page 4 Adopted by the City Council this 2nd day of July, 2019   MINNESOTA HISTORICAL SOCIETY GRANTS OFFICE 345 KELLOGG BOULEVARD WEST SAINT PAUL, MINNESOTA 55102 MINNESOTA HISTORICAL AND CULTURAL HERITAGE GRANT AGREEMENT City of Stillwater (hereafter called the Grantee) hereby signifies its acceptance of a state grant in the amount of $9950 from the Arts and Cultural Heritage Fund through the Minnesota Historical Society (hereafter called the Society), in accordance with the guidelines for the Society's Historical and Cultural Heritage Grants Program. The grant is limited to the following project: Stillwater Heritage Preservation Commission Enabling Ordinance Amendments (MHS Grant Number: 1903-23079) as described in the Grantee's grant application. Grantee may provide matching funds in the amount of $21,325 as specified in the application. All grant activities must occur between the project start date and completion date. The start date will be 6/1/2019. This grant will conclude 7/31/2020. This Project Completion Date is the date by which all project work must be completed. The Grantee agrees to administer the grant in compliance with the following provisions: 1. ASSURANCES a. The Grantee agrees that this project will be administered and conducted in accordance with Minn. Stat. 168.98 for Grants Management. b. The Grantee must follow Minn. Stat. Chap. 177.41-44 regarding prevailing wage rates and contracts and corresponding Rules 5200.1000 to 5200.1120. c. The Grantee agrees that this project will be administered and conducted in accordance with the Secretary of the Interior's Standards for Archeology and Historic Preservation (as published in the Federal Register of September 29, 1983), the Historic and Architectural Survey Manual (June 2017), and the SHPO Manual for Archaeological Projects in Minnesota (July 2005). d. The Grantee agrees that work will be carried out by project personnel who meet the Secretary of the Interior's Professional Qualifications Standards (as published in the Federal Register of September 29, 1983). e. Pursuant to 2013 Minnesota Laws, Chapter 137, Article 4, Section 2, Subdivision 5, the Grantee must give consideration to Conservation Corps Minnesota and Northern Bedrock Historic Preservation Corps, or an organization carrying out similar work. City of Stillwater Stillwater Heritage Preservation Commission Enabling Ordinance Amendments 1903-23079 f. The Grantee will acknowledge the support of the Society in materials produced and in programs or presentations financially supported by the Society. If intellectual property is created, the parties will discuss the allocation of ownership and use rights. g. Copyright to copyrightable materials, including computer software, shall vest in the Grantee with a non-transferable royalty-free license to the Society for its non -commercial use . The Grantee shall grant the Society an option to license any such material(s) it wishes to develop for commercial purposes on terms and conditions, including a royalty, as the parties hereto agree in a subsequent writing . h. Except for (a) the above limitation, (b) the Grantee's right to control publication of its own research results, (c) patented and patent-pending property and (d) the Grantee's confidential information, the Society will have the free, irrevocable, non -exclusive unlimited right to use any research results collected by the Grantee for any purpose . i. The Grantee agrees that this project will be administered and conducted in accordance with Minn. Stat. 1290.17 for the Arts and Cultural Heritage Fund . 2. FINAL REPORTS AND PROJECT PRODUCTS a. The final report and project products are due within 30 days after the project completion date . b . The final report must be completed electronically in the Minnesota Historical Society's Grants Portal (htt p s://m n hs .. fluxx .io ). c . The Final Product(s) to be uploaded with the final report are: Electronic copy of reference document containing adopted and draft design gu idelines . 3 . COST PRINCIPLES AND LIMITATIONS a. Only the items set forth in the Approved Project Budget (see Attachment A) may be charged against the grant project. b. Any project expense not specifically approved in the Approved Project Budget will not be allowed except upon written request by the Grantee and written approval by the Society. 2 City of Stillwater Stillwater Heritage Preservation Commission Enabling Ordinance Amendments 1903-23079 c. Changes in the Approved Project Budget may not exceed twenty {20) percent of the Approved Project Budget. Changes that occur after the project begins which exceed twenty (20) percent will not be allowed except upon written request by the Grantee and written approval by the Society. d. Changes in the Project Completion Date will not be allowed except upon written request by the Grantee and written approval by the Society. e. All work will conform to the Secretary of the Interior's Standards as outlined in the approved Scope of Work Form. Any change to the Scope of Work Form after it is approved must be requested in writing and approved by the Grants Office. f. No grant funds may be used to pay indirect costs, commonly referred to as overhead. 4. PROCEDURES FOR CONTRACTING SERVICES AND MATERIALS a. Any services and/or materials that are expected to cost $20,000 or more must undergo a formal notice and bidding process. b. Any services and/or materials that are expected to cost between $10,000 and $19,999 must be scoped out in writing and offered to a minimum of three (3) bidders. c. Any services and/o·r materials that are expected to cost between $5,000 and $9,999 must be competitively based on a minimum of three (3) verbal quotes. d. Support documentation of the procurement process utilized to contract services and/or materials must be maintained by the grantee and are subject to examination by Minnesota Historical Society, its designated representatives, or any applicable agency of the State of Minnesota for a minimum of six (6) years from approval date of the Final Report. 5. MAINTAINING GRANT RECORDS FOR AUDIT a. The Grantee must maintain records and accounts consistent with generally accepted accounting principles, and to provide for such fiscal control as is necessary to assure the proper disbursing of and accounting for grant funds . The Grantee must maintain records and accounts (including documentation of the procurement process) for this project on file for a minimum of six (6) years after approval of the Final Report . 3 City of Stillwater Stillwater Heritage Preservation Commission Enabling Ordinance Amendments 1903-23079 b. The Grantee agrees to maintain records to document any matching funds claimed as part of the project. The Grantee further agrees to secure reasonable written proof of the value of Staff or Volunteer Labor, and for Donated Materials contributed to the project. c. The Grantee agrees that accounts and supporting documents relating to project expenditures will be adequate to permit an accurate and expeditious audit. An audit may be made at any time by the Society, its designated representatives, or any applicable agency of the State of Minnesota. 6. ACKNOWLEDGEMENT OF SUPPORT a. For restoration/preservation grant projects, the Grantee agrees to post a sign during project work stating: This project has been financed in part with funds provided by the State of Minnesota from the Arts and Cultural Heritage Fund through the Minnesota Historical Society. b. All publicity releases, informational brochures, and public reports relating to an approved grant project shall contain an acknowledgment as follows: This publication was made possible in part by the people of Minnesota through a grant funded by an appropriation to the Minnesota Historical Society from the Minnesota Arts and Cultural Heritage Fund. Any views, findings, opinions, conclusions or recommendations expressed in this publication are those of the authors and do not necessarily represent those of the State of Minnesota, the Minnesota Historical Society, or the Minnesota Historic Resources Advisory Committee. 7. HOLD HARMLESS a. The Grantee agrees to hold the Society harmless from any loss, damage, or expense-including reasonable attorneys' fees and other costs of defense- arising as the result of any claim, action, complaint, or discrimination proceeding, or litigation of any kind whatsoever, directly or indirectly brought about as a result of the funded project; or, b. Each party will be responsible for its own acts and behavior and the results thereof. The State's liability is governed by the Minnesota Tort Claims Act, Minn .Stat .Sec.3 .736 and other applicable law . 4 City of Stillwater Stillwater Heritage Preservation Commiss ion Enabling Ord inance Amendments 1903-23079 8. MODIFICATION No person or body other than the Society is authorized to modify any of the terms of this agreement, including the scope of performance and cost limitations herein established. The Society shall not be liable for any costs incurred by the Grantee, which are not in conformance with the terms of this agreement. 9. NONDISCRIMINATION a. The Grantee agrees that in hiring of common or skilled labor for the performance of any work on the grant project that no contractor, material supplier or vendor shall, by rea~on of race, creed, color religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age , discriminate against any person or persons who are citizens of the United States, or res ident aliens, who are qualified and available to perform the work to which the employment relates. b. The Grantee agrees no contractor, material supplier or vendor shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in the preceding paragraph, or on being hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, color, relig ion , national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age . 10. DISALLOWANCES Any cost paid for with grant funds which is subsequently found to be disallowable under audit shall be refunded to the Society by the Grantee. 5 City of Stillwater Stillwater Heritage Preservation Commission Enabling Ordinance Amendments 1903-23079 11. CANCELLATION The Society may withhold, cancel, or revoke in whole or in part the grant amount if it determines that the Grantee has materially breached any term or condition of this agreement. Grantees will be given a 30-day notice. In lieu of cancellation, Grantees may be given proposed remedies to ensure successful completion of the project. In addition, both parties may mutually agree to cancel the agreement if they determine that the project will not produce beneficial results commensurate with further expenditure of funds or because of circumstances beyond the control of either party. In the event of cancellation, the Society may withhold proceeds of the Grant; demand that the Grantee return any already disbursed proceeds to the Finance Commissioner; and seek any additional legal or equitable remedy(ies). Finally, the Grantee hereby acknowledges that the proceeds of the Grant are being financed in part with funds provided by the State of Minnesota and administered through the Society, and that, per 2013 Minnesota Laws, Chapter 137, Article 4, Section 2, Subdivision 5, the funding will be canceled to the extent a court determines that the appropriation, or portion thereof, unconstitutionally substitutes for a traditional source of funding. 6 City of Stillwater Stillwater Heritage Preservation Commission Enabling Or dinance Amendments 1903-23079 12. SPECIAL CONDITIONS The Society may require special conditions to ensure that the project meets applicable standards. Conditions must be worked sequentially as listed below . a. Grantee must submit a draft of the proposed ordinance amendments at 75% completion to the Grants Office for review, comment, and possible edit. (Upload to Milestone/Condition 1 report in the SOCIETY'S grants portal, https://mnhs.fluxx .io . Reviews may take up to 30 working days. Incomplete materials, or revisions to already submitted requests, restart the review clock .) b. Prior to submission of the grant final report, Grantee must submit the final draft of the proposed ordinance amendments and draft design guidelines to the Grants Office for review . (Upload to Milestone/Condition 2 report in the SOCIETY'S grants portal, https://mnhs.fluxx.io . Reviews may take up to 30 working days . Incomplete materials, or revisions to already submitted requests, restart the review clock .) Certification: We have read the above agreement and agree to abide by all of its provisions . Upon execution, this Agreement controls all activities during the project period . IN WITNESS WHEREOF , the parties have caused this Agreement to be duly executed on the date(s) indicated below intendi ng to be bound thereby. Signatures: Project Director Date Authorized Officer Date 7 Grantee: City of Stillwater MHS Grant#: 1903-23079 MINNESOTA HISTORICAL SOCIETY Heritage Preservation Department Minnesota Historical & Cultural Heritage Grants Approved Project Budget Project: Stillwater Heritage Preservation Commission Enabling Ordinance Amendments Budget ltem(s): Budget Item Amount Requested Grant Amount Match 1. Professional Services $9,950.001 $9,950.00 $16,050.00 2. HPC Members $1,250.00 3. Staff: Land $1,550.00 4. Staff: Turnblad $100.00 1 5. Staff: Sundberg $100 .0.0 l 6. Staff: Wittman $2,275.00 l Total: $9,950.00 Total: $9,950.oo l Total: $21,325 .001 ATTACHMENT A Office Use Only  Event Date/Time:            Set up:     Date ____________________________ Time  __________ to __________  Date ____________________________ Time  __________ to __________  Date ____________________________ Time  __________ to __________ Incomplete applications or applications received after deadline will not be  accepted.  See Event Instructions for application deadline and fees.   Description of Event (please be specific ‐ this information will be used to promote the event on the City of Stillwater website):  Primary Contact/Applicant Name:  Phone: Refer media or citizens inquires to:  Phone Number:  Sponsoring Organization Name: Actual Event:    Clean up:     (If in Lowell Park please specify north or south Lowell park) Applicant Information (Person/Group Responsible)  City, State, Zip Code: Date Application Received  ________________   Date of Application: _____________________________  Website Address:  Name of contact person during event: Cell Phone:  Alternate contact during event: Cell Phone: Type:      Event      Special Event      Event w/ Contract  Location (Address) of Event:  Estimated Attendance (participants and spectators):  Event Information   Title/Name of Event (Events after 10:00 p.m. require a variance from City Council)  Mailing Address:   EVENTS PERMIT APPLICATION 216 North 4 th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810  Cell Phone: Fax:  Email Address:  Site Plan:   No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes  Will merchandise/food items be sold?  Will sound amplification be used? Insurance certificate from rental vendor is required Event Features How many                                          vendors expected: Fees for electricity may   apply see Instructions What type:Fees for electricity may   apply see Instructions Hours and Type:  Will there be any inflatables?  Will a stage or tent(s) be set up?  Will there be entertainment?  Will any signs/banners be put up Number and size:  Will cooking operations be conducted? 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. Contact Washington County Health Department, 651‐430‐6655 Dimensions:  Will food be prepared on site?    Will there be temporary fencing? Contact Stillwater Fire Department, 351‐4950 No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes Fees may apply   see InstructionsNumber needed: Number needed:Fees may apply   see Instructions  Will event need barricade(s)?  Will extra picnic tables be needed?  Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available  Will alcohol be sold?  Describe power needs and location of power source. City Sidewalks or Trails     City Services   (After reviewing the event application, City services may be requried for the event.)    Will event use, close or block any of the following:  If yes specify location on site map. Public Parking Lots or Spaces     Start/End Time:Date: Start/End Time:Date: Start/End Time:Date:  Will there be a fireworks display?Permit required, contact Stillwater Fire Department, 651‐351‐4950 City Streets or Right‐of‐way      See Alcohol Regulations in the Instructions  Will alcohol be served but not sold?See Alcohol Regulations in the Instructions No Yes No Yes No Yes No Yes Number needed: No Yes No Yes Number needed: Number needed: Fees may apply   see Instructions Fees may apply   see Instructions  Will event need traffic control?  Will event need EMS services?Contact Lakeview EMS, 651‐430‐4621  Will extra trash receptacles be needed?  If using private secruity, list Security Company and Contact Information:  Will event need security?If event is overnight, security will be required.  Describe trash removal and cleanup plan during and after event: Contact Stillwater Police Department for assistance, 651‐351‐4900  Describe crowd control procedure to ensure the safety of participants and spectators:  Will "No Parking Signs" be needed?Fees may apply see Instructions   Show location(s) on site map  Will portable restrooms be needed?  Signature of Applicant or Authorized Agent Date 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  information provided in this application.  I realize my submittal of this application request constitutes a contract between myself and the  City of Stillwater and is a release of Liability.  List any other pertinent information:  Describe the emergency action plan if severe weather should arise:  Describe plans to provide first aid, if needed: Park Q MeKusiek Rd N s: i .. '!. ~ \_ ~l'P! Lenn ar at MIiibrook 9 McKusic~ Rd N 9 Oak Glen Country B Cl ub Gmds kpr Y' 9 s. ri i : t i ; f Brown 's Creek State Trail 9 Countr(s1de Repair .. i z Ta ch yo n Motorspor1 Q i • Midwest Go lf Co urse ~,., r Ow ners Assoc iatio n .,. • O , A T re 1s ut oor V Wedding Ceremonies . ......_ _____ _ llwa1•r,I'i al Fr .e-y ip'/141S Q + Patriots Ta vern rn,s, N 751\,SI N Jackson Wi ldlife Managemen t Area Brown 's Creek Park v ... ,,,,) ~""4 Kulla Kahvl ft Investment Group T i &o,..,Jt.~ !l '9qr4' ~ = St lflw.;1er Fire o = Department ~ Northland Park ~ < " \~ J ! °f1'/ElJ1 !~ Otto Berg Memorial Park B Oa k Gle n Golf Y' Co urse Maintenance Oak Gle n Golf Course t and Event Ce nter ~ j}. t "' 0. z Stillwater Cou ntry B Club Maintenance Y' Stonebridgc Apar1me nts 9 Marathon Ga s q t ® SI. .Cro ix Stand Up I'\ Padd leboard Rental Co T Schulenb urg ~ Par ~ Stillwater Country Clu b t Syc.tY!CW e SlW S.I Ctao:Ave \'I 'W"'<lfbSI W ~ Ai;ponSt W z 2 .--;;!!1-,,i,, iiwater ,,ve % l Ja\W~msS1£ z Slonebridge 9 Elementary School WLim St i Hll<:lf:af)'St W i !:? z z J Warde s House Mu seum (;) !!/ Pioneer Park A Ole Sawmill Marin, Y & Boat Rentals The Ha•l>or Bar P D Pa opy's Q JC Ball Fields Our Savior's Lut~eran A Church (ELCA) "' G o gle My Maps Linden st Vt \. II Lo n's Family Foods g, Ml'J1fcSIW i sa ~sey'St\\l .. Oli ve St W ,: " • a !:? "' Lln<lfln SL W M~S1W I i z i ! i:: i ! !!/ !!/ !!/ ~ !!/ z z z !!/ .. Nelsons Ice Creilrn C) ' OlheS1W t <;\\>.I <!l OWf• I.ft Stillwater Veterans 9 Memori al Dock ea St Croix Boat ft &Packet Co Y ~t Location: Contact: Key: Parking Toilets Orange Ragnar Tent Gear Semi Cones & Tape Dumpster Sponsor Tent Arch Van's Path Power Access Medic Trash Box Shift Start End Runner's Path Water Access Directional Sign Chute Shift 1 Volunteer Shift 2 Shift 3 Exchange Closes: Overview Notes Exchange Open: Exchange 6 Park South Lowell Park Night Time Hours 201 Water St N, Stillwater, MN 55082, USA 7:00 pm- 6:30 am Max Parking Space Peak Parking Needs Peak Time Volunteer Shift Time Overview Trash A PRIVATE PROPERTY CONCERNS VAN/RUNNER FLOW No crossings DUMPSTER PLACEMENT In the parking lot between the gear semi and toilets. PORT-A-POTTIE PLACEMENT In the parking lot facing away from the park as depicted in layout. TRAFFIC CONCERNS Closeup Operational/Tent Notes: 1 - Gear Check See inventory needs below Safety Briefing See inventory needs below 2 - Electronic check-in See inventory needs below 3 - Flags/Bibs/Goodies See inventory needs below 4 - T-Shirts See inventory needs below 5 - Hydration See inventory needs below 6 - Announcer and Timer See inventory needs below Overview Notes CHUTE PLACEMENT On Sam Bloomer east of staging as depicted on layout. PARKING INSTRUCTIONS Several paid town lots are available, as well as a parking garage. A Manage gear check in: 6 vests, 2 lights and 2 tail lights. Have runners sign waivers if they haven't done so 2 B Direct runners to the next safety briefing. Do not let runners in 1/2 way through safety talk. Must be present for entire video. Read any supplemental info 1 C Flag Check out. After runners go through safety they will hand you their Flag Sheet and you will give them 2 flags. When slow enter phone #'s into google doc 2 D Electronic Check in, race numbers and goodie bags 4 E Water Tent: fill coolers 1 F Assist runners through the registration process. 1- Gear Check in, 2 - Safety Briefing, 3 - Flag Check out, 4 - Race Numbers, Tees, Goodie bags. 5 - Start! Keep toilets stocked and exchange area tidy 4 G Radio: Radio incoming runner to volunteer A 2 16 Inventory Items Tents Tables & table Tent Walls Chairs Cones TENT #1 GEAR CHECK IN 1 1 1 2 0 SAFETY BRIEFING 0 0 0 1 9 TENT #2 ELECTRONIC CHECK IN 1 2 1 2 2 TENT #3 FLAGS / BIBS / PARTNER STUFF 3 3 3 4 3 TENT #4 T-SHIRTS 45 tables & min 2 table cloths4 4 0 TENT #5 WATER 1 1 1 1 0 TENT #6 ANNOUNCER & TIMER 1 2 1 2 0 Volunteers 2 Other Notes Dumpster: Waste Management Services, Crystal Stotts 888 960 0008 Portable Toilets: Unites Site Services, Rollin Kay 508-250-4919 Incoming Runner: 4.9 miles Outgoing Runner: 8.7 miles Volunteer Duties 1 2 2 4 4 1 Gear Check Tent Wall on back of tent Table with Ragnar tablecloth Check that each van has all 6 members present. Must have: 6 safety vest (reflective on top/front/back 2 forward facing lights (headlamps) 2 rear LED's (blinky lights) Have teams turn on lights, must work Chair Chair Check that each light works ++This shows 2 lines for check in. Number of lines depends on your team coutn. Banners read as follows: Team 1-200 Team 201-400 Team 401 -600 Team 601+ Electronic Check-In Tent Wall on back of tent Table with Ragnar tablecloth IPad Table with Ragnar tablecloth IPad IPad IPad IPad IPad Race Bibs Van Stickers Safety Pins IPad, Square, Hot Spot Cash Box Chair Chair Race Bibs Van Stickers Safety Pins Race Bibs Van Stickers Safety Pins Race Bibs Van Stickers Safety Pins Safety Briefing ENTRANCE EXI HOLDING VIEWING Generator Chair Flags / Goodie Bags Tent Wall on back of tent Table with Ragnar tablecloth Safety IPad phone #entry Chair Flag Box - 2 flags per team Flag Check In/Out forms 1 team representativeRest of TeamChair Tent Wall on back of tent Table with Ragnar tablecloth Chair Chair Tent Wall on back of tent Table with Ragnar tablecloth Garbage bags / Recycling bags Chair (20 extra) Slap bracelets Tattoos/Stickers Chair Bonkbreaker Bar product and other goodies. Reusable bag -1 per van EXTRA ITEMS -Place for unpacking and cardboard 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING July 2, 2019 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Browns Creek Watershed Discussion 2. Seasonal Food Vending Permit Policy 3. Discussion on concept of concurrent detachment/annexation of properties with Oak Park Heights 4. 615 Broadway Street South Designation Study Clarification IV. STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Development Dir. 9. Public Works Dir. 10. Finance Director 11. City Attorney 12. City Administrator V. RECESS 7:00 P.M. AGENDA VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS X. OPEN FORUM ‐the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. the council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to 5 minutes or less XI. CONSENT AGENDA (ROLL CALL) ‐ all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 13. June 18, 2019 regular meeting minutes 14. Payment of Bills 15. Case 2019‐23 to consider a Zoning Text Amendment to amend city code pertaining to the citing of wireless towers – Ordinance 2nd Reading 16. Ordinance amending City Code Section 35‐25 (d): Regulations for Commercial Lawn Fertilizer Applicators – Ordinance 2nd Reading 17. Baker‐Tilly (formerly Springsted) Financial Consulting Contract 18. Minnesota Historical Society Grant 19. Approving Revisions to City Employment Policy Manual due to new Wage Theft Law 20. Knights of Columbus Off‐Site Gambling application XII. PUBLIC HEARINGS - out of respect for others in attendance, please limit your comments to 10 minutes or less. 21. CPC Case No. 2019‐26 to consider a Zoning Text Amendment for the creation of a Rural Residential Zoning District. Notice was published in the Stillwater Gazette on Friday, June 14, 2019 (Motion to remove from agenda) 22. CPC Case No. 2019‐33 to consider an amendment to City Code Section 41‐8, Subd. 11(3) to increase the number of Type C Short Term Home Rental Licenses. Notice was published in the Pioneer Press on Thursday, June 20, 2019 – Ordinance 1st Reading XIII. UNFINISHED BUSINESS 23. Demolition Designation Study ‐ 116 Harriet Street North XIV. NEW BUSINESS 24. Lumberjack Days Parking Request 25. Ragnar Relay Event XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT PLANNING REPORT TO: Mayor & City Council DATE: June 27, 2019 TOPIC: Policy and procedures for food vending trucks REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION Food trucks are increasingly popular as caterers for private gatherings. Traditionally party planners contacted catering services to provide food service. These arrangements required no City review. Food trucks, on the other hand, generally require permits from the City. But, if food trucks operate as caterers they currently do not receive the same level of City oversight. This distinction is drawn by staff generated policy. Since food trucks that function as caterers do not have the same impact as food trucks offering food to the public, we do not require food vending permits for them. Because food truck catering is becoming increasingly popular, staff would like to discuss current practices with the City Council to confirm or get direction to change them. ISSUES TO CONSIDER 1. Policy confirmation: Food vending trucks catering outside of downtown. The current policy is not to require a permit for mobile food vendors that are catering private gatherings outside of the downtown area. These food vending caterers can only park on private property, not on public streets, in public parking lots or on other public property. And, no sales can be made to the general public, only to the guests of the private gathering they are catering. Is the City Council supportive of this policy? 2. Policy change: Food vending trucks catering downtown. The current policy is to require any food vending downtown to have a permit from the City. But, staff has received a number of requests to allow mobile food vendors to cater private events downtown without a permit. For example at the JX Event Center. If a downtown property owner hosts food trucks only several times a year (three or less?), would the City Council be in support of allowing the food trucks to park on private downtown property to cater private gatherings without first getting a seasonal food vending permit? If so, how many days per year before a permit is required? a. Food vending done in association with special events that have event permits from the City operate under the auspices of the event organizer and do not need a separate permit. Page 2 3. Policy confirmation: Food vending trucks catering in City parks. Is the City Council supportive of the current policy to allow mobile food vendors in city parks to cater private gatherings? As long as the following standards are met, staff has been allowing this type of catering without a permit. a. No sales to the public, only to the guests of the private gathering. b. Parking of food truck allowed in parking lots within park, or at Washington Square, in the parking area on the north side of the park. c. Larger gatherings and “public events” require an event permit and food vendors would then operate under the auspices of the event permit. d. This policy does not apply to Lowell Park and the parking lots abutting it. Since the Lowell Park is Downtown, a mobile food vendor can only operate there under the auspices of a special event permit approved by the City Council. 4. Ordinance amendment: Administrative issuance of seasonal food vending permits. Seasonal food vending permits are issued annually. New permit applications, and applications with substantial changes from previous years are required to be reviewed by the Planning Commission. In the four years since the standards for these permits were adopted by ordinance, it has become clear that as long as the applicants meet all of the performance standards, the Planning Commission has always approved them without conditions. Therefore, staff believes it would be appropriate to revise the review process and make it administrative only. If all standards are met, then the permit would be issued administratively. If the Council supports this change, staff would draft an ordinance amendment and bring it back to the City Council. bt PLANNING REPORT TO: Mayor & Council Members REPORT DATE: June 26, 2019 MEETING DATE: July 2, 2019 REQUEST: Consider concurrent detachment/annexation concept REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION Canvas Health approached the City about a future plan to redevelop their property on the south side of Orleans Street between Panama Avenue and Ozark Avenue. As it turns out, the property lies partly within Stillwater and partly within Oak Park Heights. So, Canvas Health has asked whether their whole property could be located within Stillwater. This would require the detachment of the area shown below in red-cross hatch from Oak Park Heights and annexation to Stillwater. Page 2 Oak Park Heights supports the detachment request if the City of Stillwater is willing to concurrently detach the right- of-way property that Lookout Drive traverses. This is important to Oak Park Heights primarily because it provides direct access for one of their neighborhoods to Highway 95. The four parcels that they would like to have detached from Stillwater are shown in light blue to the right. SPECIFIC REQUEST City staff is requesting the Stillwater City Council to consider the conceptual concurrent detachment- annexation. If the Council conceptually supports the action, then the staffs of Stillwater and Oak Park Heights would draft a Memorandum of Understanding for each City’s Council to consider. COMMENTS 1. Stillwater’s responsibility to maintain the MnDOT constructed trail along Lookout Trail would transfer to Oak Park Heights with the detachment. 2. Sanitary sewer and municipal water for Canvas Health’s redevelopment would be provided by Oak Park Heights. 3. Oak Park Heights would like to see no access to Ozark Avenue from Canvas Health’s redeveloped property. They would also like to see robust landscaping for screening purposes along Ozark Avenue. COUNCIL ACTION City Council could decide to conceptually support the concurrent detachment/annexation or not. If the decision is to conceptually support, the staffs of the two Cities will draft a memorandum of understanding to bring back to the Councils for formal adoption. bt 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES June 18, 2019 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Finance Director Provos Human Resources Director Robole City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2019 Lumberjack Days Presentation Brad Glynn, board member of The Locals, updated the Council on plans for Lumberjack Days. The headliner for Saturday evening concert is Soul Asylum. The entire event schedule will be published online. OPEN FORUM Wendy Gorski, resident of Terra Springs Condos, thanked Chief Gannaway and Captain Meredith for increased police presence on North Main Street. Cameron Murray, resident of Stillwater Mills on Main Condos, asked that the pedestrian crossing markers be returned to North Main Street. Chief Gannaway will notify Public Works. STAFF REPORTS City Clerk Wolf explained that Stillwater Eagles is hosting The Wall That Heals at the Old Athletic Field, July 25‐28, 2019. She announced the boards and commissions picnic is set for August 22. Community Development Director Turnblad informed the Council that the Met Council has reviewed the 2040 Comprehensive Plan and provided comments. After revisions are submitted, they will consider the application complete and the Council should be able to adopt the plan by the end of August. He also announced City Planner Wittman received a City Council Meeting June 18, 2019 Page 2 of 6 $10,000 grant from the Minnesota Historical Society for consultant help with historic preservation programs. City Administrator McCarty reminded the Council of the June 20 strategic planning review session at the Armory Building. In response to an RFP issued for the Public Works operational review, staff will bring to the Council a recommendation for a firm to begin the work. He provided a brief summary of legislation from the State’s special session that concluded May 25. Councilmember Polehna expressed hope that funding will be allocated next year for the intersection of Manning and Highway 36. CONSENT AGENDA June 4, 2019 regular and recessed meeting minutes Payment of Bills Ordinance No. 1126, amending City Code Chapter 31, Zoning, Chapter 32, Subdivision Ordinance (CPC Case No. 2019‐16) Ordinance No. 1127, amending City Code Chapter 35, Stormwater Drainage, specifically affecting the stormwater design standards and submittal, review, and permitting processes and requirements (CPC Case No. 2019‐16) Resolution 2019‐074, resolution amending Resolution 2018‐173 adopting 2019 Fee Schedule St. Mary’s Catholic Church Events New On Sale Liquor License for The Lodge Board of Water Commission Reappointment of Karen Jensen Benson Boulevard Neighborhood Drainage Project Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Case 2019‐23 to consider a Zoning Text Amendment to amend city code pertaining to the citing of wireless towers. Community Development Director Turnblad stated that City Code Section 31‐512, Regulation of radio and television towers, indicates the prefer red locations for antennas and towers include: government and utility sites; school sites; and golf courses, or public parks when compatible with the nature of the park or course. However, the Allowable Uses in Non‐ Residential Districts table does not indicate they are allowed in the Parks Recreation and Open Space (PROS) district, nor the Public Works Facility District (PWFD). Furthermore, the Code expressly indicates they are prohibited in the Public Administrative Offices (PA) district. Given the conflicting language, staff is seeking to clarify in which public zoning districts antennas and towers should be allowed. He explained the proposed amendment, which is recommended by the Planning Commission and by City staff for approval. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. City Council Meeting June 18, 2019 Page 3 of 6 Motion by Councilmember Weidner, seconded by Councilmember Collins, to approve first reading of an Ordinance amending Article 31‐325, allowable uses in non‐residential districts, and Article 31‐512, regulation of radio and television towers of the City Code of the City of Stillwater, Case No. 2019‐23. All in favor. Ordinance amending City Code Section 35‐25 (d): Regulations for Commercial Lawn Fertilizer Applicators. City Attorney Land informed the Council that the City has historically licensed businesses that apply lawn fertilizers, however this is not necessary because the Minnesota Department of Agriculture has the sole authority to regulate the licensing of fertilizer applications. Staff recommends the repeal of Section 35‐25(d) regarding Regulations for Commercial Lawn Fertilizer. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve first reading of an Ordinance repealing Section 35‐25(d) regarding regulations for commercial lawn fertilizer applicators of the Stillwater City Code. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Revised Employment Policy Manual ‐ Resolution Human Resources Director Robole stated that during the past two years, the City’s employment policy manual has been revised and amended to bring statute and policy references up‐to‐date with State and Federal law, and to expand descriptions of current practice. Due to the number of updates, staff recommends the revised Employment Policy Manual be approved in its entirety. Motion by Councilmember Collins, seconded by Councilmember Weidner, to adopt Resolution 2019‐075, approving the revised City of Stillwater Employment Policy Manual. All in favor. Chicken Keeping Permit for 2509 Hidden Valley Lane Community Development Director Turnblad stated that the City received a complaint regarding unpermitted chickens being kept at 2509 Hidden Valley Lane. Through code enforcement, Patricia Strauss, the property owner, was told that she would have to apply for a chicken keeping permit or remove the chickens from the property. She chose to submit the permit application. Objections were received from two nearby property owners. They request that the permit be denied due to excessive noise, chickens escaping the backyard, the fact that chickens attract vermin and predators, a twenty foot distance from the coop to the neighboring house is not adequate, and the overwhelming smell. Four letters of support were received. Staff suggests revising Condition #2 to limit this permit to one year, since there are concerns, rather than two years. Staff finds that the application meets all of the City Code requirements and recommends approval with five conditions. City Council Meeting June 18, 2019 Page 4 of 6 Councilmember Collins stated he looked at the property and feels that birds and dogs in the neighborhood generate more noise than the chickens. He believes the request is reasonable. Councilmember Polehna expressed that he feels chickens do not belong in town. Motion by Councilmember Collins, seconded by Mayor Kozlowski, to approve the chicken keeping permit for 2509 Hidden Valley Lane with the five staff‐recommended conditions including the change to Condition #2. Motion failed. Ayes: Councilmember Collins and Mayor Kozlowski Nays: Councilmembers Junker, Weidner and Polehna Short Term Home Rental Ordinance Amendment Request Community Development Director Turnblad reported that Brian Brosdahl would like to convert a Type B2 license for his property at Second and Pine Street to a Type C. Since all 15 Type C1 vacation rental licenses currently allowed by City Code have been issued and there is a waiting list, Mr. Brosdahl has submitted a request to amend the City Code by increasing the number of Type C licenses that can be issued. There is only one property that has generated complaints in the two and a half years that the Short Term Home Rental Ordinance has been in effect. The amendment has not gone to the Planning Commission because it has been moved out of zoning ordinance and is now in the licensing section whose amendments go only before the Council. Staff finds the request to increase the number of Type C licenses by five Downtown and by five in residential nei ghborhoods to be reasonable and timely, and therefore recommends approval of the ordinance amendment. Mayor Kozlowski noted that when the Council passed the ordinance they were very cautious. He would have no problem with another five Type C licenses downtown and five up on the hill. However he does not want future increases to be driven by applications. Councilmember Junker agreed. He feels Stillwater is becoming a model city for how to regulate short term home rentals. Councilmember Polehna stated he does not want downtown filled w ith nothing but Airbnbs. He is also concerned about the impacts of increased STHRs on hotels. Councilmember Collins remarked he feels Type C licenses should be capped at 25. Councilmember Weidner stated he views the Type C home rentals as mini hotels and he thinks there are already enough of them in the City. Motion by Councilmember Junker, seconded by Councilmember Collins, to approve allowing five more Type C Short Term Home Rental licenses in the CBD Zoning District, and five more in Residential Zoning Districts. Motion passed. Ayes: Councilmembers Collins, Junker and Mayor Kozlowski Nays: Councilmembers Weidner and Polehna Maple Island Brewery Bands for the Brave Event Community Development Director Turnblad stated that Doug Kotulski of HOOAH, Inc. has applied for permission to sponsor an event known as Bands for the Brave at Maple Island Brewery on September 7, 2019. The owner of the brewery has given consent for the event City Council Meeting June 18, 2019 Page 5 of 6 to occur in the private parking lot. Proceeds from the event go to HOOAH (Helping Out Our American Heroes) to help prevent suicide amongst military veter ans. Since the event will be held entirely on private property, a special event permit is not necessary, but Council permission is required to hold the outdoor event. This would be the second approved event in the brewery parking lot. Staff recommends approval. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve a permit for Bands for the Brave at Maple Island Brewery on September 7, 2019. All in favor. General Obligation Capital Outlay Bonds, Series 2019A – Preliminary Resolution Finance Director Provos explained the proposed resolution establishes procedures relating to compliance with bond reimbursement regulations. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2019‐076, resolution establishing procedures relating to compliance with Reimbursement Bond Regulations under the Internal Revenue Code. All in favor. COUNCIL REQUEST ITEMS Lumberjack Days Parade Councilmember Polehna noted that Beyond the Yellow Ribbon will lead the Lumberjack Days Parade on July 21. Demolition Designation Study Councilmember Weidner asked that the Council reconsider its decision to order a $5,000 demolition designation study for the garage tear‐down request at 116 Harriet Street North, which took place June 4, 2019, during a meeting from which he was absent. City Attorney Land stated that any councilmember who was absent from the vote may make a motion to reconsider. Motion by Councilmember Weidner, seconded by Mayor Kozlowski, to reconsider the authorization for the Demolition Designation Study for 116 Harriet Street North. Motion passed. Ayes: Councilmembers Weidner, Polehna and Mayor Kozlowski Nays: Councilmembers Junker and Collins Motion by Councilmember Weidner, seconded by Councilmember Polehna, to table the reconsideration of a demolition designation study for 116 Harriet Street North, and consider it at the next scheduled meeting. Motion passed. Ayes: Councilmembers Weidner, Polehna and Mayor Kozlowski Nays: Councilmembers Junker and Collins CLOSED SESSION Motion by Councilmember Weidner, seconded by Councilmember Junker, to recess to Closed Session pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney‐client privileged City Council Meeting June 18, 2019 Page 6 of 6 communication regarding 121 Chestnut Street East. All in favor. The meeting was recessed to closed session at 7:59 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna. Also present: City Administrator McCarty and City Attorney Land. Motion by Councilmember Collins seconded by Councilmember Junker to re‐open the meeting. Motion by Councilmember Polehna, seconded by Councilmember Collins, to recess to Closed Session pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney‐client privileged communication regarding 106 Chestnut Street East. All in favor. The meeting was recessed to closed session at 8:17 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna. Also present: City Administrator McCarty and City Attorney Land. Motion by Councilmember Weidner seconded by Councilmember Junker to re‐open the meeting. ADJOURNMENT Motion by Councilmember Weidner seconded by Councilmember Polehna to adjourn. All in favor. The meeting was adjourned at 8:45 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2019‐074, resolution amending Resolution 2018‐173 adopting 2019 Fee Schedule Resolution 2019‐075, approving the revised City of Stillwater Employment Policy Manual Resolution 2019‐076, resolution establishing procedures relating to compliance with Reimbursement Bond Regulations under the Internal Revenue Code Ordinance No. 1126, an Ordinance related to conservation regulations amending the Stillwater City Code Section 31‐101 Definitions, Section 31‐523 Soil Stripping, Section 31‐524 Grading, Section 31‐525 Stormwater Management Practices and Section 32‐1 the Subdivision Ordinance Ordinance No. 1127, an Ordinance amending stillwater City Code Section 35‐26 regarding Stormwater Management Practices Page1 LISTOFBILLS 3DSpecialtiesInc. Pedxingstopsigns 1,937.84 AbrahamsonNurseries MaryLaneDrainageLandscaping 7,180.80 AceHardware Supplies 152.60 ActionRentalInc. Equipmentrental 416.00 AdvanceAutoParts Equipmentrepairsupplies 291.97 AdvancedGraphixInc. Firegraphicsfortrailer 2,810.00 AmericanPlanningAssociation APAMembership 444.00 ArmorSecurityInc. QuarterlyMonitoringService 84.00 ArrowBuildingCenter Azeksheets 402.02 AspenMills Uniforms 602.38 ATOM Training 300.00 AWIDiversifiedLLC St.CroixRiverBenchesͲSHIPGrant 5,500.00 BarnumGateServices Gateservices 270.00 BeehiveIndustriesLLC Beehivesubscription 27,431.50 BHECommunitySolar SolarEnergy 5,712.99 BrochmanBlcktopping CourtRehab 34,265.27 BryanRockProductsInc. RedBall 758.33 BuberlBlackDirtInc. 3yardblackdirtpickupinmay 45.00 CalAtlanticHomes GradingEscrowRefunds 4,500.00 CambronneEric MileagepdbyMNSTonJuryDuty3.24 CarlileMichelle RefundofParkFee 100.00 CDWGovernmentInc. Computerequipment 1,301.93 CenturyLink FireAlarms&Phones 131.75 CenturyPower Supplies 7.36 CintasCorporation Uniformsandmatcleaningservice 628.16 CityofSt.Paul Asphalt 67.65 ColePapers Supplies 121.12 CoveralloftheTwinCities Commercialcleaningservices 540.00 CubFoods Strategicplanningworkshop 44.27 Dalco Janitorialsupplies 1,214.75 DellMarketingL.P. Computerequipment 2,538.87 DeschMark&Gloria RefundofParkFees 140.00 ECMPublishers Publications 213.75 EnvironmentalEquipment&Services Equipmentrepaircharges 277.70 FastenalCompany JobsiteStorBox 755.54 Flaherty&HoodP.A Jobclassification 250.00 FleetPride Equipmentrepairsupplies 280.72 FredsTireCompany Tirerepair 36.99 GertensWholesale LandscapingPioneerPark 2,878.90 Grainger Buildingrepairsupplies 128.41 GreinerMick ReimburseforMileage 114.90 GroupMedicareblueRX RetireePrescriptionsIns 2,569.00 HardwoodCreekLumberInc. 2019StreetProject 263.60 HeavyEquipmentRepairInc Equipmentrepair 275.00 HeritagePrintingInc. Officesupplies 203.00 Page2 HoisingtonKoeglerGroupInc ComprehensivePlanUpdate 2,492.48 HugoEquipmentCompany Equipmentrepairsupplies 124.16 KermitsDisposalofForestLake NorthlandParkhockeyboards 450.00 LakeviewHospital Legalblooddraws 50.00 LanoEquipment Equipmentrepairsupplies 1,945.37 MaddenGalanterHansenLLP LaborRelationsServices 32.00 ManosNancy Reimburseformileage 24.55 MansfieldOilCompany Fuel 10,277.01 McDonoughsSewerServices Pumprepair 2,106.50 Menards Supplies 4,989.79 MidAmericaInc SandbagremovalͲflood 3,806.00 MillerExcavating ExcavatingͲflood 935.00 MinnesotaOccupationalHealth MROCollection 293.75 MinnesotaTruckingAssoc ReͲCertification 100.00 MKMechanicalInc Tacopumpseal 1,400.00 MotorolaSolutionsInc. 800MHzRadios 37,041.00 NationalReprographicsLLC Scans 563.50 NelsonAndrea RefundofParkFees 70.00 NussTruck&Equipment Equipmentrepairsupplies 19.04 OfficeDepot Officesupplies 892.02 OlanderAlicia RefundofParkFee 100.00 OMGMidwest LilyLakeBasketBall 23,300.00 OneillElectric Electricalrepair 8,405.00 OnSiteSanitation PortableRestroom 845.81 O'ReillyAutoParts Tiresealant 32.99 PioneerRimandWheelCo. Vehiclerepair 1,072.76 QuillCorporation Officesupplies 102.94 RehnCodeConsultingServices Planreview 9,373.49 RockHardLandscapeSupply PioneerPark3,500.00 SafeFastInc Safetyequipment 252.95 SiteOneLandscapeSupply Parksupplies 335.45 SneenTamara Refundofparkingpermit 30.00 St.CroixBoatandPacketCo. Rampcleaning 810.00 StillwaterGlassInc. Chiprepaironpolicevehicle 60.00 StillwaterMotorCompany Vehicleservice 77.54 StillwaterTowing Towingservice 350.00 StrausPatricia Refundforchickenpermitminusexpenses 25.50 Streichers BulletproofvestsͲBUPGrant 972.50 SummitCompanies Addedsprinklertonewoffice 450.00 T.A.SchifskyandSons Asphalt 11,868.38 TessmanSeedCo.St.Paul Fieldsupplies 222.91 ThorenDawn Reimburseforlicenseplates 46.75 TirePros Tire 116.78 TriͲStateBobcat Equipmentrepairsupplies 4,340.23 ValleyTrophyInc. Nameplates 65.00 VerizonWireless WirelessService 2,356.62 VetschSandra Reimbursefortacticalvestcarrier 175.00 Page3 WashingtonCountyPublicSafetyRadio 800Radiouserfees 9,374.82 WSB&AssociatesInc. St.CroixAreaTreeSurvey 3,100.00 XcelEnergy Energy 29,017.47 RECCENTER AE2SConstruction DomeProject 104,893.39 BeckerArenaProducts Equipmentrepairsupplies 50.81 CanteenRefreshmentServices Concessionsupplies 1,684.48 CenturyLink Telephone 30.02 CintasCorporation Matcleaningservice 103.00 Comcast TVInternet&Voice 373.65 CorvalConstructors Equipmentrepairsupplies 347.50 EbertConstruction DomeProject 269,489.90 HolidayCreditOffice Fuel 37.74 KendellDoors&Hardware Equipmentrepairsupplies 584.32 KrausͲAnderson DomeProject 60,287.48 LindstromSolarLLC SolarEnergy 7,113.36 Menards Equipmentrepairsupplies 34.15 MetroSheetMetalInc DomeProject 9,500.00 MillerExcavating DomeProject 187,108.96 STAR FacilityMembership 275.00 SummitCompanies DomeProject 1,765.57 WascheCommercialFinishes DomeProject 79,456.57 XcelEnergy Relocateprimaryforaddition 8,925.77 LIBRARY BrodartCo Materials 4,608.11 LofflerCompanies Print/CopyCharges 695.77 MasterMechanicalInc. Equipmentrepair 6,091.72 Menards Supplies 35.80 MidwestTape Materials 1,089.97 OfficeofMNITServices PhoneͲMay 138.50 StillwaterMedicalGroup DrugScreening 166.00 ORDINANCE 1129 AN ORDINANCE AMENDING ARTICLE 31-325, ALLOWABLE USES IN NON- RESIDENTIAL DISTRICTS, AND ARTICLE 31-512, REGULATION OF RADIO AND TELEVISION TOWERS OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. Article 31-325 of the City Code, Allowable uses in non- residential districts, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP- C BP- O BP-I CRD PA PWFD PROS Wireless Communication Services Towers and Antennae CUP CUP CUP CUP CUP CUP SECTION 2. AMENDMENT. Article 31-512 Subd. 5 of the City Code, Regulation of wireless telecommunication services, is hereby amended as follows: Subd. 5. Central business district (CBD) and professional administrative (PA) district. Any person, firm or corporation erecting an antenna in central business and professional administrative districts shall meet the following requirements: a)Towers are not allowed in the CBD district. b)Antennas are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting and character of downtown and its historic buildings and the national register historic district. c)All support service equipment for towers must be enclosed within an existing building or located and screened so as to be hidden from public view from the street or above. d) Notwithstanding Subd. 5(c), all small wireless support structures and small wireless facilities shall comply with Article 24-35. SECTION 3. 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 indicates wireless communication towers and antennae may be allowed by conditional use permit in the PA, PWFD, and PROS zoning districts. SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this 2nd day of July, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette – ______________________ 1 ORDINANCE NO 1128 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE REPEALING SECTION 35-25 (d) REGARDING REGULATIONS FOR COMMERICAL LAWN FERTILIZER APPLICATORS OF THE STILLWATER CITY CODE The City Council of Stillwater does ordain: SECTION 1. REPEALER. Stillwater City Code Chapter 35, Section 35-25 (d) Regulations for commercial lawn fertilizer applicators 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 requirement that commercial lawn fertilizer businesses be licensed by the City. 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 2nd day of July, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk TO: Mayor & City Council FROM: Tom McCarty, City Administrator DATE: June 28, 2019 RE: Baker-Tilly (formerly Springsted) Financial Consulting Agreement BACKGROUND The City of Stillwater has utilized the financial consulting firm of Springsted for many years to provide municipal financial consulting services. The Springsted firm recently joined with two additional firms, Umbaugh and Baker-Tilly, under the name of Baker Tilly Municipal Advisors, LLC. Springsted staff have continued with the Baker Tilly firm and will remain assigned to the City of Stillwater. With the business merger, all existing Springsted agreements need to be renewed under the Baker Tilly name. Attached for City Council review and approval is the updated Baker Tilly engagement letter and agreement to provide the City of Stillwater with municipal advisory services. City staff (Finance Director, City Attorney and City Administrator) has reviewed the proposed Baker Tilly engagement letter and agreement and recommend that the City Council approve the attached Baker-Tilly agreement. cc: Sharon Provos, Finance Director Kori Land, City Attorney Beth Wolf, City Clerk Attachments: Baker Tilly Engagement Letter and Agreement Baker Tilly Municipal Advisors, LLC 380 Jackson St., Ste 300 St. Paul, MN 55101 United States of America T: +1 (651) 223 3000 F: +1 (651) 223 3046 bakertilly.com June 20, 2019 City of Stillwater, Minnesota Tom McCarty, City Administrator 216 North Fourth Street Stillwater, MN 55082-4898 Dear Mr. McCarty This letter agreement is to confirm our understanding of the basis upon which Baker Tilly Municipal Advisors, LLC (“Baker Tilly”) is being engaged by the City of Stillwater, Minnesota (the “Client”) to assist the City with municipal advisory services. Our Understanding of Your Needs Based on our initial discussions and subject to confirmation, the City of Stillwater would like Baker Tilly to serve as its Municipal Advisor for bond issuance services and other complementary and/or ancillary services as requested. Scope, Objectives and Approach A team approach, which uses a combination of your personnel and ours, is critical to the success of the engagement. Your organization and its team members bring the knowledge of your jurisdiction and we bring overall, a deep understanding of municipal advisory services. Our suggested approach is indicated below. It is anticipated that projects undertaken will be at the request of the City of Stillwater. This engagement letter details our approach to the various services Baker Tilly provides. Projects requiring a scope of services different than what is contained herein will be detailed in a work plan providing a customized scope and budget covered under addendums to this letter agreement. The scope of this engagement includes the following: 1. General Municipal Advisory Services 2. Securities Issuance 3. Arbitrage Monitoring Services 4. Continuing Disclosure Services Appendix A of this letter agreement contains a detailed scope of services for the above. Compensation for Services Services will commence upon execution of this engagement letter and our professional fees will be based on the rates and terms detailed in Appendix B. Page 2 In addition to the fees described above, the City of Stillwater will pay all of Baker Tilly’s reasonable out-of- pocket expenses incurred in connection with this engagement. All out of pocket costs will be passed through at cost and will be in addition the fee estimate. Standard Business Terms and Conditions Appendix C contains the Baker Tilly Municipal Advisors, LLC Standard Business Terms along with its Exhibit A which contains important “municipal advisor” regulatory disclosures regarding actual, potential or perceived conflicts of interest, legal and disciplinary events. This letter and the attached terms and conditions comprise the complete and exclusive statement of the agreement between the parties, superseding all proposals, oral or written, and all other communications between the parties. If any provision of this letter is determined to be unenforceable, all other provisions shall remain in force. If this is in agreement with your understanding, please sign below and return one copy to us for our files. We look forward to working with you on this important project. Signature Section: The services and terms as set forth in this statement of work are agreed to by: CITY OF STILLWATER, MINNESOTA Name: _______________________________ Title: _______________________________ Date: _______________________________ 1 APPENDIX A Baker Tilly Municipal Advisors, LLC SCOPE OF SERVICES A. General Municipal Advisory Services Unless otherwise agreed to by the parties, in connection with any request for services relative to any financial topic, new project concept planning or other financially related topic or project (each referred to herein as a “Project”), the Advisor shall perform the following services, as applicable: 1. Provide general financial advice relative to a Project. 2. Survey the resources available to determine the financial feasibility of a Project. 3. Assist in the development of a plan or plans for a particular Project that may be available and appropriate for such Project. 4. Recommend to the Client a plan for any Project. 5. Advise the Client on current market conditions, federal, state or other law considerations, and other general information and economic data that might be relevant to any Project. 6. Assist Client in coordinating the activities between various parties to any Project as needed. 7. Assist Client in selecting and, working with, members of a working group to procure services deemed necessary to a Project. Services that may be procured may include, but are not limited to: general counsel; special tax counsel; credit facilities; credit r ating; and engineering or design services. 8. Assist with the review of all documents, including but not limited to any governing body resolutions, purchase agreement, and any other relevant documents. 9. Assist the Client with other components of a Project as requested and agreed upon. 10. Coordinate with the proper parties and oversee the completion of each Project. B. Securities Issuance Unless otherwise agreed to by the parties, in connection with any request for services relative to any new money issuance, refunding of a prior issuance or other financings (each referred to herein as a “Transaction”), the Advisor shall perform the following services, as applicable: 1. Provide general financial advice relative to any Transaction. 2. Survey the financial resources of the Client to determine its borrowing capacity and analyze existing debt structure as compared to the existing and projected sources of revenues. 3. Assist in the development of a plan or plans for the financing or refinancing of any improvements through the issuance of general bond obligations, loans and/or notes, school bonds, revenue or refunding bonds, or other type of financing alternatives that may be available and appropriate for the particular issuance (“Debt Obligations”). 4. Recommend to the Client an amount, the maturity structure, call provisions, pricing, and other terms and conditions of the Debt Obligation. 5. Advise the Client on current market conditions, forthcoming bond, loans and note issues, federal, state or other tax law considerations, and other general information and economic data that might normally be expected to influence the interest rates of the financing. 2 6. Assist the Client in the analysis of and the selection of a credit rating firm or Firms for the Debt Obligation and further assist in the development and presentation of information to obtain a credit rating or credit ratings for the Debt Obligation. 7. Advise the Client on utilizing credit enhancement and provide assistance in seeking such credit enhancement if, in the opinion of the Advisor, such credit enhancements would be advantageous to the Client. 8. Assist Client in coordinating the financing activities between various parties to any Transaction as needed. 9. Assist Client in selecting and, working with, members of a working gr oup to procure services deemed necessary to the issuance or post-issuance requirements of the Debt Obligation. Services that may be procured may include, but are not limited to: bond counsel; special tax counsel; disclosure counsel; trustee selection; paying agent selection; credit facilities; underwriter; and printing services. 10. Assist with the review of all financing documents, including but not limited to the preliminary and final offering statement, any governing body resolutions, purchase agreement, and any official notice of sale. 11. Communicate with potential underwriters or investors, as appropriate to any Transaction, to ensure that each is furnished with the information they need to render an independent, informed purchase or investment decision concerning the Client’s proposed financing. 12. Coordinate with the proper parties and oversee the closing process so as to ensure the efficient delivery of the Debt Obligations to the applicable purchaser. C. Arbitrage Monitoring Services Upon receipt of written authorization by the Client to proceed, Advisor shall, based on information supplied by Client, make arbitrage calculations (to include for purposes of this document, rebate and yield reduction calculations) required by Section 148 of the Internal Revenue Service (“IRS”) Code and related U.S. Treasury regulations with respect to specified Debt Obligations for the perio d of time designated for any such Debt Obligation. In carrying out its duties, the Advisor shall periodically, for each specified Debt Obligation: 1. Determine the yield on the applicable Debt Obligation; 2. Determine if spending exceptions have been met; 3. Determine the amount of any arbitrage payment due the IRS; 4. Notify Client and/or its designee of any liability amount; 5. Prepare for submission by Client the form/s with which to submit any payment amount due to the IRS at the appropriate intervals throughout the term of the engagement relative to each specified Debt Obligation; Client agrees to timely provide the Advisor with accurate information concerning cash and investment activity within all funds relative to the subject Debt Obligations. The information to be provided shall include: 1. Deposits and withdrawals of proceeds or money from other sources within any funds subject to the IRS arbitrage rules; 2. Payments of principal and interest on the Debt Obligations; and 3. All investment activity including: a) Date of purchase or acquisition; b) Purchase price of investments including any accrued interest; c) Face amount and maturity date; d) Stated rate of interest; 3 e) Interest payment dates; f) Date of sale, transfer, or other disposition; g) Sale or disposition price; and h) Accrued interest due on the date of sale or disposition; 4. Any other information necessary for the Advisor to make the calculations required for the specified Debt Obligation. D. Continuing Disclosure Services Upon receipt of written authorization from the Client to proceed, Advisor shall, based on the information supplied thereby, assist Client in satisfying its obligations for specified Debt Obligations under any applicable continuing disclosure undertaking executed by and requiring the Client to provide certain financial information and operating data and timely notices of the occurrence of certain events determined to be significant to investors. Such assistance will include the following for each specified Debt Obligation: 1. Compile, as needed, and file an annual report according to the continuing disclosure undertaking (the “Undertaking”) executed by Client pursuant to SEC Rule 15c2-12(b)(5) for the Debt Obligation(s) for submission by Client to the Municipal Securities Rulemaking Board (MSRB) and the State Inform ation Depository (SID), as applicable. The annual report will generally include: a) An annual audited financial statement to be prepared by Client's accountants. b) Updates of certain specified operating and financial data if not included in the annual audited financial statement. 2. Monitor through periodic requests for information, the significant events listed in the Undertaking and assist, as necessary, in the drafting and filing of a significant event notice relative thereto. 3. Advisor will furnish a receipt of filing for any continuing disclosure filing made within 30 days after its submission to the MSRB. Client agrees to provide the Advisor with accurate information with respect to compiling the annual report in a timely manner and to fully disclose t o Advisor any significant events as they occur. 1 APPENDIX B Baker Tilly Municipal Advisors, LLC A. COMPENSATION FOR SERVICES RELATING TO CLIENT'S DEBT OBLIGATIONS 1. a. General obligation debt: • Base fee of $7,500 for a bond issuance, plus • $5 per $1,000 for the first $2,500,000 of bonds issued • $1 per $1,000 for amounts over $2,500,000 of bonds issued b. The foregoing schedule shall include the Advisor's services through closing of a Debt Obligation. If the Advisor performs post-closing services relative to a Debt Obligation, it shall be compensated for such services at the hourly rates set out in paragraph B of this appendix. c. A single Debt Obligation with multiple financing plans is charged per plan with a discount of $4,000 per plan applied after the first plan. d. Non ad valorem supported debt and advance refunding shall be compensated at 1.25 times the fee set out in paragraph 1.a. above. e. Debt Obligations dependent on successful referenda shall be compensated at 1.10 times the fee set out in paragraph 1.a. above. f. In the event it is necessary for the Advisor to repeat Debt Obligation services because of events beyond the Advisor's control, the Advisor shall be compensated for such repetitive services at the hourly rates set out in the foregoing paragraph B. of this Appendix. The Advisor shall not be entitled to compensation under this section for failed referenda unless otherwise provided by agreement between the Client and the Advisor. g. The Advisor's fees shall be payable as follows: (i) For a Debt Obligation, fees shall be contingent upon closing of the Debt Obligation, except that if the Debt Obligation is awarded but cannot be closed by reason of an error, act or omission of the Client, the Advisor shall be paid the amount which it would have been due upon closing. (ii) If an issuance does not close for a reason that is beyond the control of the Client and without fault of the Client, then the Advisor shall be compensated at one -half the amount which would have been due upon closing. (iii) Fees for services provided in connection with a private placement are not contingent on the successful placement of the Debt Obligation. (iv) If a Client Debt Obligation is abandoned for any reason and the Advisor is without fault for such abandonment, the Advisor shall be paid a fee in the amount that would have been due if the Advisor's services to the point of abandonment had been ch arged at the hourly rate set out in paragraph B. herein however not more than the fee had the Debt Obligation been issued. A Debt Obligation shall be deemed abandoned upon notice by the Client to the Advisor of abandonment or whenever the Client has taken no action with respect to the Debt Obligation within one year, whichever occurs first. Delay in the issuance of Debt Obligations resulting from failed authorization referenda shall not constitute abandonment unless otherwise provided by agreement between the Client and the Advisor. 2. The Client shall be responsible for issuance expenses including, without exclusion of other expenses: (i) posting and distributing the Official Statement, (ii) legal fees, (iii) printing, (iv) delivery and settlem ent, (v) travel, (vi) rating fees, (vii) out-of-pocket Debt Obligation related expenses, and (viii) governmental and governmental agency fees and charges 2 B. HOURLY RATES FOR NON-DEBT ISSUANCE RELATED SERVICES Principal, Director, Senior Manager ...... …………$260 Manager, Senior Professional Staff ..................... $215 Professional Staff …………………………………..$160 Associates ........................................................... $ 75 C. ARBITRAGE AND REBATE MONITORING SERVICES 1. Fees for arbitrage services shall be as applied as follows: a. $1,500 per determination per Debt Obligation when such determinations are made annually as of the selected computation date of the applicable Debt Obligation’s date of issuance, or b. $1,500 for the first year, plus $400 for each additional year up to a five year period per determination for each Debt Obligation when such determinations are made for periods in excess of one year. 2. At such time as the original proceeds and investment earnings thereon are completely expended and only a non-commingled bona fide debt service fund remains, the Advis or will notify the Client if compliance with the arbitrage provisions can be accomplished through monitoring of the Debt Service fund. In the event such recommendation is made and it is accepted by the Client, the Advisor will perform monitoring activities for a fee of $400 for annual monitoring or $850 for monitoring at the close of every fifth bond year. If, for any determination period, monitoring reveals that the debt service fund is no longer bona fide and a rebate calculation must be performed, any charge for monitoring for that determination period will apply toward the applicable fee for rebate and arbitrage services. 3. If (i) separate information for each Debt Obligation is not provided, (ii) Advisor is required to perform allocations of investments among funds, or (iii) the Advisor is required to perform other analysis, additional compensation will be charged for such allocations/analyses at the hourly rates in paragraph B. D. CONTINUING DISCLOSURE SERVICES Report preparation and filing per type of obligation: a. Full disclosure report created by Advisor, $1,300, plus $200 each debt obligation b. Full or limited disclosure official statement with updated data that can be referenced, $0, plus $200 each debt obligation c. Full disclosure all operating data included within CAFR, $600, plus $200 each debt obligation d. Limited disclosure, $600, plus $200 each debt obligation Client shall be responsible for county auditor certification fees, if required, and any legal fees incurred in connection with determining compliance with continuing disclosure certificates or interpretation of significant events or filing of the annual report. E. EXPENSES and Hourly Fees Amounts due the Advisor for expenses and services charged at hourly rates shall not be contingent . Exhibit C Baker Tilly Municipal Advisors, LLC Standard Business Terms Page 1 of 4 Rev.March.2019 These Standard Business Terms (“Terms”) govern the services provided by Baker Tilly Municipal Advisors, LLC (“Baker Tilly”, “we”, “us” or “our”) set forth in the Engagement Letter or Statement of Work to which these Terms are attached (the “Services”). These Terms, together with the Engagement Letter or Statement of Work to which they are attached, constitute the entire understanding and agreement between the client identified on such Engagement Letter or Statement of Work (the “Client”) and Baker Tilly with respect to the Services described in the Engagement Letter or Statement of Work (collectively, the Engagement Letter or Statement of Work and these Terms are referred to as the “Agreement”) and supersede and incorporate all prior or contemporaneous representations, understandings or agreements, and may not be modified or amended except by an agreement in writing signed between the parties hereto. If there is a conflict between these Terms and the terms of any Engagement Letter or Statement of Work, these Terms shall govern. Section 1. Confidentiality With respect to this Agreement and any information supplied in connection with this Agreement and designated by the disclosing party (the “Disclosing Party”) as “Confidential Information” either by marking it as “confidential” prior to disclosure to the receiving party (the “Recipient”) or, if such information is disclosed orally or by inspection, then by indicating to the Recipient that the information is confidential at the time of disclosure and confirming in writing to the Recipient, the confidential nature of the information within ten (10) business days of such disclosure, the Recipient agrees to: (i) protect the Confidential Information in the same manner in which it protects its confidential information of like importance, but in no case using less than reasonable care; (ii) use the Confidential Information only to perform its obligations under this Agreement; and (iii) reproduce Confidential Information only as required to perform its obligations under this Agreement. This section shall not apply to information which is (A) publicly known, (B) already known to the recipient; (C) disclosed to a third party without restriction; (D) independently developed; or (E) disclosed pursuant to legal requirement or order, or as is required by regulations or professional standards governing the Services performed. Subject to the foregoing, Baker Tilly may disclose Client’s Confidential Information to its subcontractors and subsidiaries. Section 2. Deliverables (a) Materials specifically prepared by Baker Tilly for Client as a deliverable under an Engagement Letter or Statement of Work (each a “Deliverable”) may, when fully paid for by Client, be used, copied, distributed internally, and modified by Client but solely for its internal business purposes. Client shall not, without Baker Tilly’s prior written consent, disclose to a third party, publicly quote or make reference to the Deliverables. Baker Tilly shall retain all right, title and interest in and to: (i) the Deliverables, including but not limited to, all patent, copyright, trademark and other intellectual property rights therein; and (ii) all methodologies, processes, techniques, ideas, concepts, trade secrets and know-how embodied in the Deliverables or that Baker Tilly may develop or supply in connection with this Agreement (the “Baker Tilly Knowledge”). Subject to the confidentiality restrictions contained in Section 1 and fiduciary obligations as set forth in applicable law or regulation, Baker Tilly may use the Deliverables and the Baker Tilly Knowledge for any purpose. (b) The documentation for this engagement, including the workpapers, is not part of the Deliverables, is the property of Baker Tilly and constitutes confidential information. We may have a responsibility to retain the documentation for a period of time sufficient to satisfy any applicable legal or regulatory requirements for records retention. If we are required by law, regulation or professional standards to make certain documentation available to regulators, Client hereby authorizes us to do so. Section 3. Acceptance Client shall accept Deliverables which (i) substantially conform to the specifications in the Engagement Letter or Statement of Work or (ii) where applicable, successfully complete the mutually agreed to acceptance test plan described in the Engagement Letter or Statement of Work. Client will promptly give Baker Tilly written notification of any non-conformance of the Deliverables with such requirements (“Non-conformance”) within thirty (30) days following delivery of such Deliverables, and Baker Tilly shall have a reasonable period of time, based on the severity and complexity of the Non-conformance, to correct the Non-conformance so that the Deliverables substantially conform to the specifications. If Client uses the Deliverable before acceptance, fails to promptly notify Baker Tilly of any Non-conformance within such 30-day period, or delays the beginning of acceptance testing more than five (5) business days past the agreed upon date for the start of such acceptance testing as specified or otherwise determined under the Engagement Letter or Statement of Work, then the Deliverable shall be deemed irrevocably accepted by the Client. Section 4. Standards of Performance (a)Baker Tilly shall perform its Services in conformity with the terms expressly set forth in this Agreement and all applicable laws and regulations governing the Services. Accordingly, our Services shall be evaluated on our substantial conformance with such terms and standards. Any claim of nonconformance (and applicability of such standards) must be clearly and convincingly shown. Client acknowledges that the Services will involve the participation and cooperation of management, officials and others of Client. Unless required by professional standards or Client and Baker Tilly otherwise agree in writing, Baker Tilly shall have no responsibility to update any of its work after its completion. (b) It is understood that Baker Tilly will serve in an advisory capacity with the Client. The Client is responsible for all management decisions and functions relating to the proposed transactions and for designating one or more individuals with suitable skill, knowledge and experience to oversee the Services provided hereunder. Section 5. Warranty (a) Each party represents and warrants to the other that it has full power and authority to enter into and perform this Agreement and any Engagement Letter or Statement of Work entered into pursuant hereto and the person signing this Agreement or such Engagement Letter or Statement of Work on behalf of each party hereto has been properly authorized and empowered to enter into this Agreement. (b) Client warrants that it has the legal right and authority, and will continue to have the legal right and authority during the term of this Agreement, to operate, configure, provide, place, install, upgrade, add, maintain and repair (and authorize Baker Tilly to do any of the foregoing to the extent the same are included in the Services) the hardware, software and data that comprises any of Client’s information technology system upon which or related to which Baker Tilly provides Services under this Agreement. (c) Baker Tilly warrants that any Services that it provides to Client under this Agreement and any Engagement Letter or Statement of Work will be performed in accordance with generally accepted industry standards of care and competence and all applicable laws and regulations governing the Services. Client’s sole and exclusive remedy for a breach of Baker Tilly’s warranty will be for Baker Tilly, in its sole discretion, to either: (i) use its reasonable commercial efforts to re-perform or correct the Services, or (ii) refund the fee Client paid for the Services that are in breach of Baker Tilly’s warranty. Client must make a claim for breach of warranty in writing within thirty (30) days of the date that the Services that do not comply with Baker Tilly’s warranty are performed. This warranty is voided in the event that Client makes alterations to the Services provided by Baker Tilly or to the environment in which the Services are used (including the physical, network and systems environments) that are not authorized in writing by Baker Tilly. If Client does not notify Baker Tilly of a breach of Baker Tilly’s warranty during that 30-day period, Client will be deemed to have irrevocably accepted the Services. (d) Baker Tilly does not warrant any third-party product (each, a “Product”). All Products are provided to Client by Baker Tilly or otherwise “AS IS,” provided that, if the review of a recommendation of a Product is requested by the Client and within the scope of the Engagement Letter or Statement of Work, Baker Tilly will determine, based on the information obtained through its diligence, whether the Product is suitable for the Client and the basis therefore. Client, recognizing that Baker Tilly is not the provider of any Product, expressly waives any claim that Client may have against Baker Tilly based upon any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual Baker Tilly Municipal Advisors, LLC Standard Business Terms (cont.) Page 2 of 4 Rev.March.2019 property right (each a “Claim”) with respect to any Product and also waives any right to indemnification from Baker Tilly against any such Claim made against Client by another. Client acknowledges that no employee of Baker Tilly or any other party is authorized to make any representation or warranty on behalf of Baker Tilly that is not in this Agreement. (e) This Section 5 is Baker Tilly’s only warranty concerning our Services and any Deliverable, and is made expressly in lieu of all other warranties and representations, express or implied, including any implied warranties of merchantability, ACCURACY, TITLE, non-infringement, or fitness for a particular purpose, or otherwise. Section 6. Limitation on Damages and Indemnification (a) The liability (including attorney’s fees and ALL other costs) of Baker Tilly and its present or former partners, principals, agents or employees related to any claim for damages relating to the services performed under this Agreement shall not exceed the fees paid to Baker Tilly for the portion of the work to which the claim relates, except to the extent finally determined to have resulted from the willful misconduct or fraudulent behavior of Baker Tilly relating to such services. This limitation of liabilit y is intended to apply to the full extent allowed by law or regulation, regardless of the grounds or nature of any claim asserted, including the negligence of either party. Additionally, in no event shall either party be liable for ANY lost profits, LOST business opportunity, lost data, consequential, special, incidental, exemplary or punitive damages DELAYS, INTERRUPTIONS, OR VIRUSES arising out of or related to this Agreement even if the other party has been advised of the possibility of such damages. (b) As Baker Tilly is performing the Services solely for the benefit of Client, Client will indemnify Baker Tilly, its subsidiaries, affiliates and their present or former partners, principals, employees, officers and agents against all costs, fees, expenses, damages and liabilities (including reasonable attorneys’ fees and all defense costs) associated with any third-party claim, relating to or arising as a result of the Services, Client’s use of the Deliverables, or this Agreement. (c) In the event Baker Tilly is requested by the Client; or required by government regulation, subpoena, or other legal process to produce our engagement working papers or its personnel as witnesses with respect to its Services rendered for the Client, so long as Baker Tilly is not a party to the proceeding in which the information is sought, Client will reimburse Baker Tilly for its professional time and expenses, as well as the fees and legal expenses, incurred in responding to such a request. (d) Because of the importance of the information that Client provides to Baker Tilly with respect to Baker Tilly’s ability to perform the Services, Client hereby releases Baker Tilly, its subsidiaries, affiliates and their present and former partners, principals, agents and employees from any liability, damages, fees, expenses and costs, including attorney’s fees, relating to the Services, that arise from or relate to any information, including representations by management, provided by Client, its personnel or agents, that is not complete, accurate or current. (e) Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement. (f) The terms of this Section 6 shall apply regardless of the nature of any claim asserted (including, but not lim ited to, contract, tort, or any form of negligence, whether of Client, Baker Tilly or others), provided that nothing herein shall constitute a waiver or limitation of any rights which the Client may have under applicable U.S. federal securities laws, or any other laws whose applicability is not permitted to be contractually waived. The Client understands that it should consult independent legal counsel to determine if it has a non-waivable claim against Baker Tilly. These terms shall also continue to apply after any termination of this Agreement. (g) Client accepts and acknowledges that any legal proceedings arising from or in conjunction with the Services must be commenced within twelve (12) months after the performance of the Services for which the action is brought, without consideration as to the time of discovery of any claim. Section 7. Personnel During the term of this Agreement, and for a period of six (6) months following the expiration or termination thereof, neither party will actively solicit the employment of the personnel of the other party involved directly with providing Services hereunder. Both parties acknowledge that the fee for hiring personnel from the other party, during the term of this Agreement and within six (6) months following completion, will be a fee equal to the hired person’s annual salary at the time of the violation so as to reimburse the party for the costs of hiring and training a replacement. Section 8. Termination (a) This Agreement may be terminated at any time by either party upon written notice to the other. However, upon termination of this Agreement, this Agreement will continue to remain in effect with respect to any Engagement Letter(s) or Statement(s) of Work already issued at the time of such termination, until such Engagement Letter(s) or Statements of Work are themselves either terminated or the performance thereunder is completed. (b) This Agreement and all Engagement Letters or Statements of Work may be terminated by either party effective immediately and without notice, upon: (i) the dissolution, termination of existence, liquidation or insolvency of the other party, (ii) the appointment of a custodian or receiver for the other party, (iii) the institution by or against the other party of any proceeding under the United States Bankruptcy Code or any other foreign, federal or state bankruptcy, receivership, insolvency or other similar law affecting the rights of creditors generally, or (iv) the making by the other party of any assignment for the benefit of creditors. (c) Client shall pay Baker Tilly for all Services rendered and expenses incurred as of the date of termination. (d) Any rights and duties of the parties that by their nature extend beyond the expiration or termination of this Agreement, including but not limited to, limitation of liability, confidentiality, ownership of work product, and survival of obligations, any accrued rights to payment and remedies for breach of this Agreement shall survive the expiration or termination of this Agreement or any Engagement Letter or Statement of Work. Section 9. Dispute Resolution (a) Except for disputes related to confidentiality or intellectual property rights, all disputes and controversies between the parties hereto of every kind and nature arising out of or in connection with this Agreement as to the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuation, or termination of this Agreement shall be resolved as set forth in this Section 9 using the following procedure: In the unlikely event that differences concerning the Services or fees should arise that are not resolved by mutual agreement, both parties agree to attempt in good faith to settle the dispute by engaging in mediation administered by the American Arbitration Association under its mediation rules for professional accounting and related services disputes before resorting to litigation or any other dispute-resolution procedure. Each party shall bear their own expenses from mediation and the fees and expenses of the mediator shall be shared equally by the parties. If the dispute is not resolved by mediation, then the parties agree that the dispute or claim shall be settled by binding arbitration. The arbitration proceeding shall take place in the city in which the Baker Tilly office providing the relevant services is located, unless the parties mutually agree to a different location. The proceeding shall be governed by the provisions of the Federal Arbitration Act (“FAA”) and will proceed in accordance with the then current Arbitration Rules for Professional Accounting and Related Disputes of the AAA, except that no pre-hearing discovery shall be permitted unless specifically authorized by the arbitrator. The arbitrator will be selected from AAA, JAMS, the Center for Public Resources, or any other internationally or nationally-recognized organization mutually agreed upon by the parties. Potential arbitrator names will be exchanged within fifteen (15) days of the parties’ agreement to settle the dispute or claim by binding arbitration, and arbitration will thereafter proceed expeditiously. The arbitration will be conducted before a single arbitrator, experienced in accounting and auditing matters. The arbitrator shall have no authority to award non- monetary or equitable relief and will not have the right to award punitive damages. The award of the arbitration shall be in writing and shall be accompanied by a well-reasoned opinion. The award issued by the arbitrator may be confirmed in a judgment by any federal or state court of competent jurisdiction. Each party shall be responsible for their own costs associated with the arbitration, except that the costs of the arbitrator shall be equally divided by the parties. The arbitration proceeding, and all information disclosed during the arbitration shall be maintained as confidential, except as may be required for disclosure to professional or regulatory bodies or in a related confidential arbitration. In no event shall a demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim would be barred under the applicable statute of limitations. Baker Tilly Municipal Advisors, LLC Standard Business Terms (cont.) Page 3 of 4 Rev.March.2019 (b) Because a breach of any the provisions of this Agreement concerning confidentiality or intellectual property rights will irreparably harm the non- breaching party, Client and Baker Tilly agree that if a party breaches any of its obligations thereunder, the non-breaching party shall, without limiting its other rights or remedies, be entitled to seek equitable relief (including, but not limited to, injunctive relief) to enforce its rights thereunder, including without limitation protection of its proprietary rights. The parties agree that the parties need not invoke the mediation procedures set forth in this Section 9 in order to seek injunctive or declaratory relief. Section 10. Force Majeure In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any act of God, fire, casualty, flood, war, strike, lock out, failure of public utilities, injunction or any act, exercise, assertion or requirement of any governmental authority, epidemic, destruction of production facilities, insurrection, inability to obtain labor, materials, equipment, transportation or energy sufficient to meet needs, or any other cause beyond the reasonable control of the party invoking this provision (“Force Majeure Event”), and if such party shall have used reasonable efforts to avoid such occurrence and minimize its duration and has given prompt written notice to the other party, then the affected party’s failure to perform shall be excused and the period of performance shall be deemed extended to reflect such delay as agreed upon by the parties. Section 11. Taxes Baker Tilly’s fees are exclusive of any federal, national, regional, state, provincial or local taxes, including any VAT or other withholdings, imposed on this transaction, the fees, or on Client’s use of the Services or possession of the Deliverable (individually or collectively, the “Taxes”), all of which shall be paid by Client without deduction from any fees owed by Client to Baker Tilly. In the event Client fails to pay any Taxes when due, Client shall defend, indemnify, and hold harmless Baker Tilly, its officers, agents, employees and consultants from and against any and all fines, penalties, damages, costs (including, but not limited to, claims, liabilities or losses arising from or related to such failure by Client) and will pay any and all damages, as well as all costs, including, but not limited to, mediation and arbitration fees and expenses as well as attorneys’ fees, associated with Client’s breach of this Section 11 Section 12. Notices Any notice or communication required or permitted under this Agreement or any Engagement Letter or Statement of Work shall be in writing and shall be deemed received (i) on the date personally delivered; or (ii) the date of confirmed receipt if sent by Federal Express, DHL, UPS or any other reputable carrier service, to applicable party (sending it to the attention of the title of the person signing this Agreement) at the address specified on the signature page of this Agreement or such other address as either party may from time to time designate to the other using this procedure. Section 13. Miscellaneous (a) This Agreement and any Engagement Letters or Statement(s) of Work constitute the entire agreement between Baker Tilly and Client with respect to the subject matter hereof and supersede all prior agreements, promises, understandings and negotiations, whether written or oral, regarding the subject matter hereof. No terms in any Client purchase order that are different from, or additional to, the terms of this Agreement will be accorded any legal effect and are specifically hereby objected to by Baker Tilly. This Agreement and any Engagement Letter or Statement of Work cannot be amended unless in writing and signed by duly authorized representatives of each party. Headings in this Agreement are included for convenience only and are not to be used to construe or interpret this Agreement. (b) In the event that any provision of this Agreement or any Engagement Letter or Statement of Work is held by a court of competent jurisdiction to be unenforceable because it is invalid or in conflict with any law of any relevant jurisdiction, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement or such Engagement Letter or Statement of Work did not contain the particular provisions held to be unenforceable. The unenforceable provisions shall be replaced by mutually acceptable provisions which, being valid, legal and enforceable, come closest to the intention of the parties underlying the invalid or unenforceable provision. If the Services should become subject to the independence rules of the U.S. Securities and Exchange Commission with respect to Client, such that any provision of this Agreement would impair Baker Tilly’s independence under its rules, such provision(s) shall be of no effect. (c) Neither this Agreement, any Engagement Letter or any Statement of Work, any claims nor any rights or licenses granted hereunder may be assigned, delegated or subcontracted by either party without the written consent of the other party. Either party may assign and transfer this Agreement and any Engagement Letter or Statement of Work to any successor that acquires all or substantially all of the business or assets of such party by way of merger, consolidation, other business reorganization, or the sale of interests or assets, provided that the party notifies the other party in writing of such assignment and the successor agrees in writing to be bound by the terms and conditions of this Agreement. (d) The validity, construction and enforcement of this Agreement shall be determined in accordance with the laws of the State of Illinois, without reference to its conflicts of laws principles, and any action (whether by arbitration or in court) arising under this Agreement shall be brought exclusively in the State of Illinois. Both parties consent to the personal jurisdiction of the state and federal courts located in the State of Illinois. (e) The failure of either party at any time to enforce any of the provisions of this Agreement or an Engagement Letter or Statement of Work will in no way be construed as a waiver of such provisions and will not affect the right of party thereafter to enforce each and every provision thereof in accordance with its terms. (f) Client acknowledges that: (i) Baker Tilly and Client may correspond or convey documentation via Internet e-mail unless Client expressly requests otherwise, (ii) neither party has control over the performance, reliability, availability, or security of Internet e-mail, and (iii) Baker Tilly shall not be liable for any loss, damage, expense, harm or inconvenience resulting from the loss, delay, interception, corruption, or alteration of any Internet e-mail. (g) Except to the extent expressly provided in the Engagement Letter or Statement of Work to the contrary, no third-party beneficiaries are intended under this Agreement. (h) Important disclosures relating to Baker Tilly, potential conflicts of interest and legal and disciplinary events are attached as Exhibit A to these Terms and may be updated from time to time. (i) Baker Tilly Municipal Advisors, LLC is a wholly owned subsidiary of Baker Tilly Virchow Krause, LLP. Baker Tilly Virchow Krause, LLP is an independent member of Baker Tilly International. Baker Tilly International Limited is an English company. Baker Tilly International provides no professional services to clients. Each member firm is a separate and independent legal entity, and each describes itself as such. Baker Tilly Virchow Krause, LLP is not Baker Tilly International’s agent and does not have the authority to bind Baker Tilly International or act on Baker Tilly International’s behalf. None of Baker Tilly International, Baker Tilly Virchow Krause, LLP, Baker Tilly Investment Services, LLC, nor any of the other member firms of Baker Tilly International has any liability for each other’s acts or omissions. The name Baker Tilly and its associated logo is used under license from Baker Tilly International Limited. Acknowledgement: The Standard Business Terms above, and Exhibit A hereto, correctly sets forth the understanding of the Client. Accepted by: Signature: Title: _________________________________________________________________ Date: Baker Tilly Municipal Advisors, LLC Standard Business Terms Page 4 of 4 Rev.March.2019 Exhibit A Important Disclosures Non-Exclusive Services Client acknowledges and agrees that Baker Tilly and its affiliates, including but not limited to Baker Tilly Virchow Krause, LLP, Baker Tilly Capital, LLC, and Baker Tilly Investment Services, LLC, are free to render municipal advisory and other financial services to others and that Baker Tilly does not make its municipal advisory services available exclusively to the Client. Conflicts of Interest Contingent Fee. The fees to be paid by the Client to Baker Tilly are or may be based on the size of the transaction and partially contingent on the successful closing of the transaction. Although this form of compensation may be customary in the municipal securities market, it presents a conflict because Baker Tilly may have an incentive to recommend unnecessary financings, larger financings or financings that are disadvantageous to the Client. For example, when facts or circumstances arise that could cause a financing or other transaction to be delayed or fail to close, Baker Tilly may have an incentive to discourage a full consideration of such facts and circumstances, or to discourage consideration of alternatives that may result in the cancella tion of the financing or other transaction. Baker Tilly manages and mitigates this conflict primarily by adherence to the fiduciary duty which it owes to the Client which require Baker Tilly to put the interests of the Client ahead of its own and its duty of fair dealing that it owes to obligated person clients which require it to deal fairly with all persons. Hourly Fee Arrangements. Under an hourly fee form of compensation, Baker Tilly will be paid an amount equal to the number of hours worked multiplied by an agreed upon billing rate. This form of compensation presents a potential conflict of interest if Baker tilly and the Client do not agree on a maximum fee under the Engagement Letter or Statement of Work because Baker Tilly will not have a financial incentive to recommend alternatives that would result in fewer hours worked. In addition, hourly fees are typically payable by the Client whether or not the financing transaction closes. Affiliated Entities. Baker Tilly’s affiliate, Baker Tilly Investment Services, LLC (“BTIS”), a U.S. Securities and Exchange Commission (“SEC”) registered investment adviser, may provide services to the Client in connection with the investment of proceeds from an issuance of securities. In such ins tances, services will be provided under a separate engagement, for an additional fee. Notwithstanding the foregoing, Baker Tilly may act as solicitor for and recommend the use of BTIS, but the Client shall be under no obligation to retain BTIS or to otherwise utilize BTIS relative to Client’s investments. The fees paid with respect to investment services are typically based in part on the size of the issuance proceeds and Baker Tilly may have incentive to recommend larger financings than would be in the Client’s best interest. Baker Tilly will manage and mitigate this potential conflict of interest by this disclosure of the affiliated entity’s relationship, a Solicitation Disclosure Statement when Client retains BTIS’s services and adherence to Baker Tilly’s fiduciary duty and/or fair dealing obligations to the Client. Baker Tilly’s parent company, Baker Tilly Virchow Krause, LLP (“BTVK”), may provide services to the Client in connection with human resources consulting, including, but not limited to, executive search and community survey services. In such instances, such services will be provided under a separate engagement, for an additional fee. Certain executives of the Client may have been hired after utilizing the services of BTVK and may make decisions about whether to engage the services of Baker Tilly. Notwithstanding the foregoing, Baker Tilly may recommend the use of BTVK, but Client shall be under no obligation to retain BTVK or to otherwise utilize BTVK relative to the Client’s activities. Baker Tilly will manage and mitigate this potential conflict of interest by this disclosure of the affiliated entity’s relationship and adherence to Baker Tilly’s fiduciary duty to the Client. No additional conflicts of interest have been identified by Baker Tilly. To the extent any such material conflicts of interest arise after the date of this Agreement, Baker Tilly will provide information with respect to such conflicts in the form of a supplement or amendment to this Exhibit A. Legal and Disciplinary Events Baker Tilly is registered as a “municipal advisor” pursuant to Section 15B of the Securities Exchange Act and rules and regulations adopted by the SEC) and the Municipal Securities Rulemaking Board (“MSRB”). As part of this registration, Baker Tilly is required to disclose to the SEC information regarding criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation involving Baker Tilly. Pursuant to MSRB Rule G-42, Baker Tilly is required to disclose any legal or disciplinary event that is material to the Client’s evaluation of Baker Tilly or the integrity of its management or advisory personnel. There are no criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations or civil litigation involving Baker Tilly. Copies of Baker Tilly filings with the SEC can currently be found by accessing the SEC’s EDGAR system Company Search Page which is currently available at https://www.sec.gov/edgar/searchedgar/companysearch.html and searching for either Baker Tilly Municipal Advisors, LLC or for our CIK number which is 0001616995. The MSRB has made available on its website (www.msrb.org) a municipal advisory client brochure that describes the protections that may be provided by MSRB rules and how to file a complaint with the appropriate regulatory authority. PLANNING REPORT TO: City Council MEETING DATE: July 2, 2019 REQUEST: Approval of the Minnesota Historical Society Historical & Cultural Heritage Grant Acceptance Form for the Stillwater Heritage Preservation Commission Enabling Ordinance Amendment Project REPORT BY: Abbi Jo Wittman, City Planner INTRODUCTION To help protect the character and nature of the community and its historic resources, in 1987 the City of Stillwater developed an ordinance specifically pertaining to its Heritage Preservation Commission (HPC). The framework created remains mostly intact today with minimal modifications in the last three decades. However, certain activities of the HPC (or activities which the HPC may be required to be involved with) are also addressed in over one dozen other City Code Sections. This complex and disconnected system for the preservation of Stillwater sites and structures has made it difficult for the public to understand and for the HPC to administer. Consequently, City staff is challenged when assisting elected and appointed officials and property owners through specific application review processes and permit approvals. As a result, the Historic Resources chapter of the draft 2040 Comprehensive Plan calls for an update to the City’s preservation ordinance. ORDINANCE UPDATE In conjunction with its HPC, an outside consultant and a small citizen advisory committee made up of business and property owners, the City will: 1. Conduct a detailed and thoughtful review of specific City Code Sections pertaining to the Heritage Preservation Commission (as shown on the attached page and labeled as Exhibit A) 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, 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. Page 2 of 3 a. A specific goal of the reference document will tie established design guidelines to the standards set forth in the City Code. b. This will not involve significant alterations of, or additions to, previously adopted guidelines. Though overlap may occur and the chosen consultant may choose to modify it, it is anticipated the project will progress as per the following schedule: 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 It is estimated this project will cost $31,275. City staff has applied for and been awarded $26,000 in grants to help offset the costs associated with hiring a consultant. The Minnesota Historical Society has awarded the City from the $9,950 from the Historical & Cultural Heritage Grant program. Acceptance of this grant is for Council consideration. An additional $16,050 has been awarded by the State Historic Preservation Office; acceptance of this grant will come at a later date. COUNCIL ACTION Staff recommends the Council move to approve the Minnesota Historical Society’s Historical and Cultural Heritage grant for the Stillwater Heritage Preservation Commission Enabling Ordinance Amendment project and authorize the mayor to sign the grant agreement. Page 3 of 3 EXHIBIT A City Code Title Brief Description Section 22-7 Heritage Preservation Commission The original, but modified, HPC enabling ordinance. Addresses HPC functions, site designation, Conservation District review processes, site alterations and preservation programs. Section 31-101 Definitions The definitions found in the Zoning Code. Section 31-209 Design Permit Identifies requirements of a Design Permit, the most commonly utilized form of HPC review. Section 31-214 Sign Permit Identifies requirements of a Sign Permit. Section 31-215 Site Alteration Permit Addresses the purpose of the Site Alteration Permit and states standards for review and approval of activities. Section 31-308 RB – Two Family Residential District A zoning district which encompasses much of the old residential housing stock. It was once consistent with the Neighborhood Conservation District. Section 31-504 Bed and Breakfast Identifies standards for B&Bs and addresses requirements of the HPC. Section 31-509 Sign Regulations Indicates standard requirements for signs, including that of design review and/or design permit. Section 31-515.2 Large Projects in the CBD Zone Applicable to redevelopment of large tracks of land or buildings within the community core. References both a Design Permit and Site Alteration Permit. Chapter 34 Demolition Includes definitions relevant to Zoning. Section 41-7 Seasonal Outdoor Sales References standards for food trucks in the Downtown Design Review district. The City Code utilizes Design Review, Design Review Permit, and Design Permit rather interchangeably. The following Code Sections reference or require a design-based action though it is note determined who conducts what process for review and approval. City Code Title Section 31-303 Lakeshore Residential District Section 31-322 Campus Research Dev. District Section 31-501 Accessory Dwellings Section 31-503 Accessory Structures Section 31-512 Towers Section 31-310 Townhouse Residential District Section 31-311 Cove Townhouse Res. District Section 31-318 Village Commercial District RESOLUTION 2019 - XX APPROVING THE MINNESOTA HISTORICAL SOCIETY MINNESOTA HISTORICAL & CULTURAL HERITAGE GRANT ACCEPTANCE FORM WHEREAS, the Historic Resources chapter of the draft 2040 Comprehensive Plan calls for the revision of the City’s current preservation regulations; and WHEREAS, the Stillwater Heritage Preservation Commission has been awarded a $9,950 Historical and Cultural Heritage grant from the Minnesota Historical Society to help offset the costs associated with the update of the City Code. BE IT RESOLVED by the City Council of Stillwater, MN that the grant agreement between the City of Stillwater and the Minnesota Historical Society for the Stillwater Heritage Preservation Commission Enabling Ordinance Amendments, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, the Mayor are hereby authorized to sign said grant agreement on behalf of the City of Stillwater. Adopted by the Stillwater City Council on this 2nd day of July, 2019. _________________________________ Ted Kozlowski, Mayor ATTEST: ______________________________ Beth Wolf, City Clerk TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, Human Resources Manager DATE: June 28, 2019 SUBJECT: Employment Policy Manual Revisions due to new Wage Theft Law BACKGROUND The Minnesota Legislature passed and the governor signed a new Minnesota Wage Theft law. The new law amends existing state labor laws and provides for new wage and hour requirements, protections and sanctions. New responsibilities for the City as an employer include providing each new employee with a written notice at the start of their employment that details ten areas of specific information about the employment status and terms of employment as well as offering to provide the notice in up to 12 different languages. The employer is required to obtain the employee’s signature on the written notice and to retain the document pursuant to Minnesota records retention laws. Under the new law, full time, part-time and seasonal employees will all receive and be required to sign and return the written notice generated by the employer. The City has updated the Employment Relationship Section 5 of the Employment Policy Manual by adding new sections labeled New Hire, Discharge, and Earnings Statements, and has revised the Separation from Employment section of the employment policy manual to bring it in to compliance with the requirements of the new law’s provisions. All provisions of the new law are effective July 1, 2019, except for the provisions relating to criminal wage theft and sanctions that go into effect August 1, 2019. RECOMMENDATION Staff recommends adoption of the resolution entitled, “Approving Revisions to City of Stillwater Employment Policy Manual due to new Minnesota Wage Theft Law.”     APPROVING REVISIONS TO CITY OF STILLWATER EMPLOYMENT POLICY MANUAL DUE TO NEW MINNESOTA WAGE THEFT LAW WHEREAS, the City of Stillwater, as an employer, complies with state labor laws; and WHEREAS, the Minnesota Legislature passed and the governor signed a new Minnesota Wage Theft law; and WHEREAS, the New Wage Theft Law amends existing state labor laws and provides for new wage and hour requirements, protections, and sanctions; and WHEREAS, the City of Stillwater Employment Policy Manual Employment Relationships Section 5 provides guidance to employees regarding facets of the Employment Relationship; and WHEREAS, Section 5 has been revised to include new responsibilities for the City as an employer under Minnesota’s New Wage Theft Law; and NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the attached revised City of Stillwater Employment Policy Manual Employment Relationships Section 5. Adopted by the City Council this 2nd day of July, 2019. CITY OF STILLWATER __________________________________ Ted Kozlowski, Mayor ATTEST: __________________________________ Beth Wolf, City Clerk MINNESOTA LAWFUL GAMBLING 6/15 Page 1 of 2 LG230 Application to Conduct Off-Site Gambling No Fee ORGANIZATION INFORMATION Organization Name: Stillwater Knights of Columbus License Nu m be r : 04684 Address: 1910 Greeley St S City: Stillwater MN Zip : 55082 Chief Executive Officer (CEO) Name : Kenneth Dolney Daytime Phon e: 651 492 1807 Gambling Manager Name : Vincent Fedor Daytime Phone : 612 202 5226 GAMBLING ACTIVITY Twelve off-site events are allowed each calendar year not to exceed a total of 36 days. From _J__j _liJ _12___ to _J__j ...1JJ _12___ Check the type of games that will be conducted: DRaffle D Pull-Tabs [2]Bingo D Tl pboards D Paddlewheel GAMBLING PREMISES Name of location where gambling activity will be conducted : Street address and City (or township): Zip: County : • Do not use a post office box . • If no street address, write in road designations (example : 3 miles east of Hwy. 63 on County Road 42) . Does your organization own the gambling premises? O ves If yes, a lease is not required . 0No If no, the lease agreement below must be completed, and signed by the lessor. LEASE AGREEMENT FOR OFF-SITE ACTIVITY (a lease agreement is not required for raffles) Rent to be paid for the leased area : $0 (if none, write "O") All obligations and agreements between the organization and the lessor are listed below or attached. • Any attachments must be dated and signed by both the lessor and lessee . • This lease and any attachments is the total and only agreement between the lessor and the organization conducting lawful gambling activities. • Other terms, if any: Lumber Jack Commitee to SuQIY tents1 tables, chairs and electrical outlets Lessor's Signature: Date: Print Lessor's Name: CONTINUE TO PAGE 2 LG230 Application to Conduct Off-Site Gambling 6/15 Page 2 of 2 Acknowledgment by Local Unit of Government: Approval by Resolution CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township City Name: 5::fj }l wct~< County Name: Date Approved by City Council : Date Approved by County Board : Resolution Number: Resolution Number: (If none, attach meeting minutes.) (If none, attach meeting minutes.) Signature of City Personnel: Signature of County Personnel: Title: Ct~ ~(~ Date Signed: Title: Date Signed : TOWNSHIP NAME: Complete below only if required by the county. Local unit of government On behalf of the township, I acknowledge that the organization is must sign. applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2 .) Print Township Name: Signature of Township Officer: Title: Date Signed: CHIEF EXECUTIVE OFFICER (CEO) ACKNOWLEDGMENT The person signing this application must be your organization's CEO and have their name on file with the Gambling Control Board . If the CEO has changed and the current CEO has not filed a LG200B Organization Officers Affidavit with the Gambling Control Board, he or she must do so at this time. I have read this application, and all information is true, accurate, and complete and, if applicable, agree to the lease terms as stated in this applica tion . \~OD_,1 ~Q~ 6 ,2<l-l0 c._ Sig ll ature of CEO (must be CEO's signature; design ~ may not sign) Date Mail or fax to: No attachments required. Minnesota Gambling Control Board Questions? Contact a Licensing Specialist at 651-539-1900. Suite 300 South 1711 West County Road B Roseville, MN 55113 Fax: 651-639-4032 This publication will be made available in alternative format (i.e. large print, braille) upon request. Data privacy notice: The Information requested on this form (and any If the Board does not issue a permit, all information provided remains attachments) will be used by the Gambling Control Board (Board) to private, with the exception of your organization's name and address which determine your organization's qualifications to be involved in lawful will remain public. gambling activities in Minnesota. Your organization has the right to refuse Private data about your organization are available to: Board members, to supply the Information; however, if your organization refuses to supply this information, the Board may not be able to determine your Board staff whose work requires access to the information; Minnesota's organization's qualifications and, as a consequence, may refuse to issue a Department of Public Safety; Attorney General; commissioners of permit. If your organization supplies the information requested, the Board Administration, Minnesota Management & Budget, and Revenue; will be able to process your organization's application. Legislative Auditor; national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies Your organization's name and address will be public information when specifically authorized by state or federal law to have access to the received by the Board. All other information provided will be private data information; individuals and agencies for which law or legal order about your organization until the Board issues the permit. When the authorizes a new use or sharing of information after this notice was given; Board issues the permit, all information provided will become public . and anyone with your written consent. An equal opportuity employer PLANNING REPORT TO: Mayor & City Council CASE NO.: 2019-33 REPORT DATE: June 26, 2019 MEETING DATES: June 18, 2019 – Concept Approval July 2, 2019 – Hearing and 1st Reading July 16, 2016 – 2nd Reading & Adoption APPLICANT: Brian Brosdahl REQUEST: Amend City Code to allow five more Type C Short Term Home Rental licenses in the CBD Zoning District, and five more in Residential Zoning Districts REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION Fifteen Type C1 vacation rental licenses are currently allowed by City Code to be issued in the City. All fifteen have been issued. However, Brian Brosdahl (applicant for this case) would like to convert a Type B2 license for his property at Second and Pine Street to a Type C. Since no Type C licenses are available, he has submitted a request to amend the City Code by increasing the number of Type C licenses that can be issued. At the June 18, 2019 meeting, the City Council gave conceptual approval of this amendment on a 3-2 vote. SPECIFIC REQUEST The specific request is to hold a hearing and approve an amendment to City Code Sec. 41-8, Subdivision 11 (3) that reads as follows: (3) Type C. No more than twenty-five (25) Type C licenses shall be issued and valid at any one time. Of these twenty-five (25) licenses, no more than ten (10) shall be issued and valid for the CBD Zoning District and no more than fifteen (15) shall be issued and valid for Residential Zoning Districts. 1 Type C vacation rental properties are those that do not serve as the residence of the land owner. Essentially they are properties used exclusively for short term vacation rentals. 2 Type B vacation rental properties are those that serve as the primary residence of the land owner, but also is rented occasionally to short term guests. Case no. 2019-33 Page 2 ANALYSIS The request to increase the number of Type C licenses to 25 has the effect of allowing five more in the CBD Zoning District and five more in the City’s Residential Zoning Districts. This is summarized in the table on the next page. CBD District Residential Districts Issued Available Issued Available Total Current licenses 5 0 10 0 15 Requested amendment 5 5 10 5 25 Subdivision 11 of Section 41-8, with legislative notation, would look as follows if the requested ordinance amendment were approved. Subd. 11. Limit on number of licenses. (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) twenty-five (25) Type C licenses shall be issued and valid at any one time. Of these twenty-five (25) licenses, no more than ten (10) shall be issued and valid for the CBD Zoning District and no more than fifteen (15) shall be issued and valid for Residential Zoning Districts. The primary reason for establishing limits on the number of vacation rental licenses was to prevent a concentration of vacation rental properties in residential neighborhoods. This was especially applicable to Type C short term rentals, since the potential impact on neighbors is greater when a property is used exclusively as a vacation rental, rather than as a the primary residence of the landowner as is the case of Type A and B licenses. With only two exceptions, the licenses (of all types) that have been issued are for properties either in the historic neighborhoods or Downtown. This can be seen in Exhibit A. And the licenses are fairly evenly distributed. Type C licenses follow this same pattern, as can be seen in Exhibit B. So fortunately, the concern that vacation rentals could become concentrated to the detriment of existing neighborhoods did not materialize. And, the request to allow five more in residential neighborhoods and five more Downtown would not seem to result in detrimental concentrations. Comments  How did the City decide upon 15 as the limit for Type C licenses? The process was somewhat random. But the limit was intentionally kept rather low with the understanding that the number could be raised if needed and appropriate.  Lodging is allowed Downtown, and given the mix of uses permitted in the CBD Zoning District, the impact of vacation rentals on surrounding properties is not of the same potential magnitude as in residential zoning districts. Case no. 2019-33 Page 3  Of the 28 vacation rental licenses issued3 to date, only one property has received complaints in the two years that the program has been in existence. POSSIBLE ACTIONS The City Council has the following options: A. Approve the first reading of the ordinance amendment. B. Deny the requested ordinance amendment. C. Table the request for additional information. RECOMMENDATION Staff finds the request to increase the number of Type C licenses by five Downtown and by five in residential neighborhoods to be reasonable and timely. We therefore recommend approval of the request. Attachments: Ordinance Exhibit A – All Short Term Home Rentals Exhibit B – Type C Citywide Exhibit C – Type C in CBD Exhibit D – All types in CBD cc: Brian Brosdahl 3 Downtown there are two vacation rental properties that are in operation without licenses. They were both issued Conditional Use Permits for short term lodging prior to implementing the current licensing program. So, currently there are a total of 30 vacation rental properties in Stillwater. ORDINANCE AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 41-8, SHORT TERM HOME RENTAL REGULATIONS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Purpose. The purpose of this Ordinance is increase the number of licenses for Type C Short Term Home Rentals. 1. Amending. Stillwater City Code Section 41-8, Sub. 11 (3) is hereby amended to read as follows: (3) Type C. No more than twenty-five (25) Type C licenses shall be issued and valid at any one time. Of these twenty-five (25) licenses, no more than ten (10) shall be issued and valid for the CBD Zoning District and no more than fifteen (15) shall be issued and valid for Residential Zoning Districts. 2. Savings. In all other ways City Code Chapter 41 shall remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to the law. Adopted by the City Council of the City of Stillwater this ______ day of July, 2019. CITY OF STILLWATER ______________________________ Ted Kozlowski, Mayor ATTEST: _______________________________ Beth Ward, City Clerk All Short Term Home Rentals Ju ne 12, 2019 0 0.55 1.10.275 mi 0 0.85 1.70.425 km 1:3 2,0 00 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Type C's Citywide Ju ne 12, 2019 0 0.55 1.10.275 mi 0 0.85 1.70.425 km 1:3 2,0 00 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Type C's CBD Ju ne 12, 2019 0 375 750187.5 ft 0 110 22055 m 1:4,000 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Type C's CBD Ju ne 12, 2019 0 375 750187.5 ft 0 110 22055 m 1:4,000 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. PLANNING REPORT TO: City Council CASE NO.: HPC 2019-09 REPORT DATE: June 27, 2019 MEETING DATE: July 2, 2019 APPLICANT: Jim Barton, Barton Construction Services LANDOWNER: Daniel and Allison Boblit REQUEST: Consideration of a Demolition Designation Study for an accessory structure LOCATION: 116 Harriet Street North ZONING: RA, Single-Family Residential REPORT BY: Abbi Jo Wittman, City Planner REVIEWED BY: Bill Turnblad, Community Development Director INTRODUCTION Dan and Allison Boblit would like to demolish their two-car garage and replace it with a similarly-size, three car garage. At their May 15, 2019 meeting, the Stillwater Heritage Preservation Commission denied the demolition of the accessory structure on the property located at 114 Harriet Street North, historically known as the David Swain house. The HPC’s denial is on the basis the structure is a historic resource and there are feasible alternatives to demolition. At the City Council’s June 4, 2019 meeting, the Council authorized the preparation of a demolition designation study for the accessory structure. However, at the June 18th City Council meeting, Councilmembers absent from the June 4, 2019 meeting requested reconsideration of the preparation of the demolition designation study. A copy of the June 4 City Council packet is attached for the Council’s review. POSSIBLE ACTIONS The City Council has the following options: A. Approve the preparation of the Demolition Designation Study. HPC Case no. 2019-09 Page 2 B. Deny the preparation of the Demolition Designation Study and authorize the demolition of the accessory structure. FINDINGS AND RECOMMENDATION Staff recommends the Council take action on the request. Attachments: June 4, 2019 City Council Staff Report Site Location Map May 15, 2019 Draft HPC Minutes May 2019 HPC Staff Report Applicant Submission Architecture-History Inventory Form Building Permit No. 1683 The Swain-Hooley House cc: Jim Barton Dan and Allison Boblit PLANNING REPORT TO: City Council CASE NO.: HPC 2019-09 REPORT DATE: May 30, 2019 MEETING DATE: June 4, 2019 APPLICANT: Jim Barton, Barton Construction Services LANDOWNER: Daniel and Allison Boblit REQUEST: Consideration of a Demolition Designation Study for an accessory structure LOCATION: 116 Harriet Street North ZONING: RA, Single-Family Residential REPORT BY: Abbi Jo Wittman, City Planner REVIEWED BY: Bill Turnblad, Community Development Director INTRODUCTION Dan and Allison Boblit would like to demolish their two-car garage and replace it with a similarly-size, three car garage. At their May 15, 2019 meeting, the Stillwater Heritage Preservation Commission denied the demolition of the accessory structure on the property located at 114 Harriet Street North, historically known as the David Swain house. The HPC’s denial is on the basis the structure is a historic resource and there are feasible alternatives to demolition. SPECIFIC REQUEST The Heritage Preservation Commission is requesting the Council’s authorization of a Demolition Designation Study for the accessory structure located on the property at 116 Harriet Street North. Street View (Google Images – August, 2013) HPC Case no. 2019-09 Page 2 ANALYSIS The residence at 116 Harriet Street North was built by David Swain in 1877. Swain was a prominent steamboat builder and captain, owner of the local Marine Engine Works, where he manufactured marine engines and parts, and builder of the steam engine used to swing the pontoon open on the first (1876) bridge across the St. Croix River at Stillwater. As noted in the HPC staff report, the Greeley Addition Historic Preservation Planning Area Report (Report) indicates Swain was probably the wealthiest individual to live in this neighborhood. The residence was also home of the Hooley family, prominent Stillwater grocers. This structure is not proposed for demolition. The circa 1918 outbuilding, now used as a private garage, was constructed by David Swain during the Development of Residential Neighborhoods (1850s – 1940s) Historic Context period. While the HPC report indicates “it can be assumed Swain constructed steam engines in this structure,” historical narratives indicate Swain built the “storehouse and workshop” “to house his steamboat patterns and parts” but, within the month after building permit issuance, David Swain died. The property owners have indicated the garage’s second story contains steamboat parts. The Report includes a Bird’s Eye View of the west north hill in 1879; a large outbuilding appears to be shown on the rendering in the location of the existing structure. Furthermore, the (approximately) 900 square foot garage appears to be in the same configuration as a similar structure was is shown on the 1904 Sanborn Fire Insurance Map. However, neither of those structures were this specific building. Although the interior lumber is dimensional, several boards are stamped with “Gould LBR CO. Seattle, Wash”. There is a sag in the loft floor, a sistered cross beam, and the support poles are starting to rot. The exterior paint, determined to be lead, is peeling from the structure. Applicable Regulations City Code Section 34-4, Subd. 2(b)(iii) indicates when the Heritage Preservation Commission has made a positive finding that the structure is a historic resource and that there is a feasible alternative to demolition, then the HPC shall direct the Community Development Director to prepare a demolition designation study. The purpose of the designation study (a $5,000 cost that the City must pay) is for a historian to investigate whether there is sufficient historical value in a structure to merit designating the property as a local heritage preservation site. The City Code further indicates “If the city council does not approve the preparation of the designation study within 30 days of the commission determination…then the building official shall issue the demolition permit”. Public Comment The City has received no public comment regarding this demolition request. POSSIBLE ACTIONS The City Council has the following options: A. Approve the preparation of the Demolition Designation Study. HPC Case no. 2019-09 Page 3 B. Deny the preparation of the Demolition Designation Study and authorize the demolition of the accessory structure. FINDINGS AND RECOMMENDATION Staff recommends the Council take action on the request. Attachments: Site Location Map May 15, 2019 Draft HPC Minutes May 2019 HPC Staff Report Applicant Submission Architecture-History Inventory Form Building Permit No. 1683 The Swain-Hooley House cc: Jim Barton Dan and Allison Boblit NORTH HARRIET STREETNORTH MARTHA STREETWEST SOUTH SI XTH STREETJEANNIE STREETM Y R T L E S T R E E T 114 215 415 116 516 115 233 216 315 410 105 116 216 418 310 108 121 225 201 424 321 517 320 224 216 1320 112 102 108 104 118 513 426 121 507513 503 226 219 215 212 207 208 122 517 209 108 202201 125 126 122 102 115 112 332 330 µ 0 170 34085Feet General Site Location Site Location 116 Harriet St N ^ Te xt HERITAGE PRESERVATION COMMISSION MEETING May 15, 2019 7:00 P.M. Chairman Larson called the meeting to order at 7:00 p.m. Present: Chairman Larson, Commissioners Finwall, Krakowski, Mino, Steinwall, Walls, Council Representative Junker Absent: None Staff: City Planner Wittman Commissioners Shann Finwall and Ken Walls introduced themselves. ELECTION OF OFFICERS Motion by Chairman Larson, seconded by Commissioner Steinwall, to elect Commissioner Mino as Chair. All in favor, 6-0. Motion by Commissioner Larson, seconded by Chair Mino, to elect Commissioner Steinwall as Vice Chair. All in favor, 6-0. Commissioner Steinwall thanked Commissioner Larson for his service as chair. APPROVAL OF MINUTES Possible approval of minutes of April 3, 2019 and April 17, 2019 Motion by Commissioner Larson, seconded by Commissioner Steinwall, to approve the minutes of the April 3, 2019 and the April 17, 2019 meeting. All in favor, 4-0-2 with Commissioners Finwall and Walls abstaining. OPEN FORUM There were no public comments. CONSENT AGENDA Case No. 2019-08: Consideration of a Site Alteration Permit for new business signage for the property located at 229 Main Street South in the Downtown Design Review District. Jeff Anderson, property owner and Kelli Kaufer, applicant. Motion by Commissioner Krakowski, seconded by Commissioner Walls, to adopt the Consent Agenda. All in favor, 6-0. PUBLIC HEARING Case No. 2019-09: Consideration of a Demolition Permit for the garage located at 116 Harriet Street North in the Neighborhood Conservation District. Daniel and Allison Boblit, property owners and Jim Barton, applicant. City Planner Wittman explained the case. The applicant is requesting a demolition permit for the garage located at 116 Harriet Street North in order to build a three-car garage. Due to the location, the future garage will require a variance from the Planning Commission. The approximately 900 square foot garage appears to be in the same configuration as the 1904 Sanborn Fire Insurance Map. Although the interior lumber is dimensional, several boards are stamped with “Gould LBR CO. Seattle, Wash.” There is a sag in the loft floor, a sistered cross beam, and the support poles are starting to rot. The exterior paint, determined to be lead, is peeling. On a March 18 site inspection by Building Official Cindy Shilts and Ms. Wittman, the Heritage Preservation Commission Meeting May 15, 2019 Page 2 of 3 structure was determined to be in fair to good condition. The existing structure could be repaired. Based on the review of the property and associated records, staff made a determination that the property could potentially be locally designated because of one of the following: a) The character, interest or value as part of the development heritage or cultural characteristics of the city, state or county. b) The location as a site of a significant historic event. c) The identification with a person or persons who significantly contributed to the city's culture and development. d) The embodiment of distinguishing characteristics of an architectural style, period, form or treatment. e) The identification as work of an architect or master builder whose individual work influenced the city's development. f) The embodiment of elements of architectural design, detail, materials or craftsmanship that represent a significant architectural innovation. g) The unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the city. Thus, as required by the demolition ordinance, the application is before the HPC for review and consideration. The Commission must first determine if the structure is a historic resource and, if so, if it is worthy of designation. Allison Boblit, applicant, pointed out the work they have done on the house since 2014 shows their dedication to maintaining the historic look of the home. The garage is presently more of an eyesore than an architectural feature. They would like to build a more beautiful and functional garage. Dan Boblit, applicant, added that they want to add a third stall to get their car off the street. Chair Mino opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Finwall asked the applicants if they considered adding onto the existing garage. Mr. Boblit replied there are many things that would need to be replaced from siding to trusses sagging to garage doors and a cracked floor. Mrs. Boblit added it would cost as much or more to repair everything. They would like to get a third stall. Commissioner Larson explained that in the Conservation District a property owner may add onto or alter a structure without coming to the HPC, but demolitions do come to the HPC and restrictions are tight. Whether a structure has spectacular architecture does not matter, only whether it has historic significance. It may be preferable to have a new structure, but it seems that it is feasible to repair it. Chair Mino asked, what was the structure originally? City Planner Wittman replied it is assumed, but not known for sure, that it was Mr. Swain’s workshop. The garage doors have been altered slightly. At one time there was supposedly a pulley lift system in the floor that would lift things into the attic but it is unclear whether that was part of this structure. Commissioner Larson questioned, if it was built at the peak of the local lumber industry, why was the lumber was imported from Seattle? This makes him question whether this was the original building. Commissioner Finwall acknowledged that its historic significance could be its construction by a person contributing to the history of Stillwater. An addition appears to be feasible. Mrs. Boblit replied she doesn’t think they could do an addition and stay under the square footage restriction. City Planner Wittman explained the existing garage is 916 square feet and the proposed new garage would be 994 square feet. A challenge is how to add a third stall and still maintain the integrity of structure. The depth of the structure is almost 30 feet and a stall is about 10 feet wide, so they could not add another stall and still be under the maximum square footage according to zoning code. Motion by Commissioner Larson, seconded by Commissioner Steinwall, to deny a demolition permit for the garage located at 116 Harriet Street North, Case No. 2019-09, and to forward to the City Council a determination that the the structure is a historic resource and there is a feasible alternative to demolition. All in favor, 6-0. Case No. 2019-11: Consideration of a new infill residence for the property located on XXX William Street North in the RB district. Mulcahy Holdings, property owner and Paul Bruggeman, applicant. Heritage Preservation Commission Meeting May 15, 2019 Page 3 of 3 City Planner Wittman stated that the applicant is requesting a permit to construct a two and a half story, one- family residence at XXX William Street North, a lot in the Neighborhood Conservation District. The proposed house will measure approximately 22’ wide by 48’ deep and will contain a 6’ deep front porch and an attached 24X32’ garage. A 12/6 gable will run parallel with the front lot line. It will contain a 10/12 pitch projection that will not rise to the primary gable. The front gable area will contain a 6’ porch with a 4/12 pitch roof. LP lap siding, to extend to the grade level, and aluminum soffit and fascia is proposed on all four sides; LP board and batten will be located on the front of the home, above the porch and on the garage, to add visual interest. Double hung windows are proposed for the front and sides of the home; the rear will have slightly wider windows. All windows and trim boards will be 1X4” LP Smart Siding. Asphalt shingles are proposed. Staff recommends approval with ten conditions. Paul Bruggeman offered to answer questions. Chair Mino opened the public hearing. Jean Heinrichs (no address given), who lives south of the vacant lot, expressed concerns about disruption that will be caused by construction and the amount of rotten and dead wood at the back of the lot drawing carpenter ants. Chair Mino closed the public hearing. Mr. Bruggeman stated the trees at the back of the lot are not desirable trees and they will be removed. Commissioner Finwall suggested adding a condition requiring removal of the dead trees along the lot line. Commissioner Larson suggested that the contractor ensure that the swale directs runoff as shown toward the street as opposed to the property to the south which sometimes is a concern with new construction. Commissioner Finwall said she likes the look of the structure, but the three car garage wider than the house is off-putting. She asked if the applicant considered stepping it back. Mr. Bruggeman replied he could step the garage back. Another idea is to jog the driveway back or put a window in the garage roof to break up the massing. Commissioner Larson remarked a window dormer centered over the double garage door would help. Commissioner Steinwall asked if the applicant considered side-loading the garage. Mr. Bruggeman responded side-loading the garage was considered but it would be too tight. Commissioner Larson stated the pattern of vertical versus horizontal does not follow all the way around the structure. He suggested the use of vertical board and batten on the garage to achieve four-sided design. Mr. Bruggeman said he could run the board and batten around the other two sides of the garage. Commissioner Finwall suggested adding a condition that the color of the house be consistent with the surrounding neighborhood. Motion by Commissioner Larson, seconded by Commissioner Walls, to approve Case No. 2019-11, a new infill residence for the property located on XXX Williams Street North, with the ten conditions recommended by staff, adding Condition #11 stating “The vertical board and batten shall be extended around all three sides of the garage” and Condition #12, “The vertical board and batten shall be added to the north and south façade gable above the window line” and Condition #13, “A proportional shed dormer shall be added onto the garage” and Condition #14, “The color of the home shall follow the spirit and intent of the Neighborhood Conservation District Design Guidelines.” All in favor, 6-0. NEW BUSINESS Case No. 2019-06: Consideration of a Site Alteration Permit for a master sign plan and exterior modifications for the property located at 123 2nd Street North in the Downtown Design Review district. Judd Sather, property owner and Sara Jespersen, applicant. Heritage Preservation Commission Meeting May 15, 2019 Page 4 of 3 Ms. Wittman stated the applicant is requesting approval of façade improvements and signage at 123 Second Street North, a contributing building in the Stillwater Commercial Historic District. The request includes: removal of the existing wooden bi-fold doors and replacement with a painted black wood and glass entry door system with gold accents; removal of the arches iron over the entrance and installation of it below the existing awning; installation of iron grates on the first floor windows on the north façade; installation of a 30’ diameter wooden sign above the new storefront entry. The sign will read “The Lumberjack Axe Throwing Bar” in burnt circle with corresponding sign plan; installation of a gas fireplace on the interior of the building, requiring an exterior vent on the east side facade; and installation of new mechanical equipment on the south side of the building in the existing patio area, screened to the west with a 10’ rockface wall and an 8’ chainlink fence. Staff finds the most of the proposed alterations are consistent with the guidelines and recommends approval of the wooden storefront, signage, decorative arched ironwork, awning repairs and painting, as well as all mechanical installations, with seven conditions. However, staff recommends denial of the installation of iron grates on a portion of the building’s windows. Councilmember Junker asked what is the purpose of the iron grates on the lower level. Reagan Nix, Blue Pencil Collective, replied the purpose is building security and protection of the windows. Commissioner Larson asked about the mechanical area, what is there now and what will be new. Judd Sather, applicant, replied the transformer is existing. The the generator will be removed from the interior of the building to the outside, in an enclosure. Councilmember Junker remarked that the alley looks bad. Restaurants on the east side of the alley need to cooperate as Mr. Sather does. There are plans to repave the alley but the City needs cooperation from business owners. Mr. Sather said he is looking at solutions to make the alley a little more walkable. Commissioner Finwall asked if there is an alternative to the grates on the windows for security. Mr. Sather said he is open to suggestions. The windows don’t currently have storm windows and it would be easy to break into the building. Commissioner Larson said adding storm windows would be one alternative. Motion by Commissioner Steinwall, seconded by Commissioner Larson, to approve Case No. 2019-06, site Alteration Permit for a master sign plan and exterior modifications for the property located at 123 2nd Street North, with the seven conditions recommended by staff. All in favor, 6-0. Case No. 2019-07: Consideration of a Site Alteration Permit for new siding and railings for the property located at 126 Main Street North in the Downtown Design Review District. Murray and Heidi McAllister, property owners. Ms. Wittman stated the applicants are requesting approval of façade improvements at 126 Main Street North, a contributing building in the Stillwater Commercial Historic District. The request includes: replace all north elevation doors with a two-paneled solid door painted dark bronze; back addition modifications to include repair and painting of stucco or replacement with bronze board and batten steel; construction of a new rooftop access, sided in bronze colored board and batten steel with French doors; installation of a black metal and steel cable roof railing system; and installation of glass block on a rear window. Staff finds the proposed alterations are consistent with the guidelines and recommends approval with three conditions. Heidi McAllister, applicant, stated there used to be three apartments in the building, now there will be two. Access doors on the north side have original transom windows in the arches which will be retained but the combination screen/storm doors that are all different will be replaced with a consistent style door. She requested feedback on how to improve the overall look of the building. The stucco is in relatively good shape but the paint is inconsistent in places. They may paint it a color more in keeping with the brick. Heritage Preservation Commission Meeting May 15, 2019 Page 5 of 3 Motion by Commissioner Steinwall, seconded by Commissioner Krakowski, to approve Case No. 2019-07, Site Alteration Permit for new siding and railings for the property located at 126 Main Street North, with the three conditions recommended by staff. All in favor, 6-0. Case No. 2019-10: Consideration of a Design Permit for store front remodel for the property located at 225 2nd Street North in the Downtown Design Review District. Ann Engstrum, property owner. Ms. Wittman stated the applicant is requesting approval of the storefront alteration of the structure located at 225 2nd Street North. The request includes: siding below each window with LP Smartside in mahogany lap; siding the columns on each side of the door, as well as above all windows and doors, with vertical LP Smartside in onyx; siding the corners with Versetta stone with the Mission Point color; restaining the building canopy and door to match the mahogany lap; replacement of flush-mounted under-canopy lights; and updating the existing signage. Staff recommends approval with two conditions. Ann Engstrum, applicant, said the new signage will be in the same location and the same size but a different look. This is a one-sided facelift because the building is surrounded by the Crosby hotel, parking ramp, and another building. They are doing the facelift because they have lost a lot of tenants and need curb appeal. She provided samples of the materials to be used. Councilmember Junker agreed the building needs a facelift. However the proposal looks very different from the other brick buildings. The wood siding gives it the feel of a rambler home. Ms. Engstrum said they are avoiding brick because they don’t want the building to look like it is part of the Crosby Hotel complex. Commissioner Larson remarked he appreciates the need to update the look of the building. The Design Guidelines point in the direction of relating to the context of other buildings, not doing something completely different. He finds this a struggle because this is a contemporary building. Everything else on the street is brick and stone except for the Rivertown Commons building. The wood siding feels out of place. Ms. Engstrum asked if the HPC would prefer board and batten like the building on Third Street which is the building she modeled this after. Commissioner Larson replied that the nichiha siding on the building on Third Street is not lapped and looks less residential. He suggested using a thin brick that adheres right to the wall with some stone accents. Commissioner Steinwall disagreed that the guidelines push a modern building to look old. She doesn’t feel the HPC is compelled to suggest this building be resided in thin brick. The guidelines advise that buildings should be recognized as products of their own time. Commissioner Larson agreed it should not be made to look old but brick is compatible with existing buildings. There are other materials that could make it compatible. Ms. Engstrum said she is opposed to all brick. She really wants a modern look to match the building style. Chair Mino recognized there is already a lot of brick on the street and this is a modern building. She likes the way it looks as proposed. Commissioner Finwall said she appreciates the applicant trying to dress it up, but a lot more could be done to celebrate the modern feel of the building, for instance making the door and windows more appealing. She suggested looking at metal siding. Ms. Engstrum replied she considered metal siding for where the vertical siding was going to go, but there was a problem with sizing because it was going to go above the windows. Commissioner Larson said vertical black under the windows would be better. He is concerned with how the materials turn corners. The edge should be finished at the corner rather than a sawed raw edge. He suggested using board and batten in a dark color, with the stone on the corners as proposed. Heritage Preservation Commission Meeting May 15, 2019 Page 6 of 3 Ms. Engstrum said she would be open to that. They originally wanted to use board and batten. The wood front fascia board needs to be repainted. The window trim on the north side would be painted onyx. The rest of the building needs to be repainted but they have not decided on a color. Motion by Commissioner Finwall, seconded by Commissioner Steinwall, to approve Case No. 2019-10, Design Permit for store front remodel for the property located at 225 2nd Street North, adding Condition #3, “All vertical mahogany LP siding shall be replaced with LP board and batten style siding in onyx” and Condition #4, “Fine design elements of the stone siding and siding trim shall be reviewed by staff” and Condition #5, “The sign plan shall be reviewed by staff.” All in favor, 6-0. OTHER DISCUSSION ITEMS HPC Ordinances and Design Guidelines In response to a previous question from Commissioner Larson, City Planner Wittman said if there is not a condition of approval specifically tied to an item, for instance color, then it is not enforceable. There was a question about lighting downtown. City Attorney Land said there are no specific lighting ordinances, only guidelines. A business had an awning that was approved by the Commission but the awning did not include lighting so Ms. Wittman advised the property owner they would have to either amend their permit or remove the lighting. The City has standards and guidelines. Guidelines “should” and standards “shall” be followed. FYI Annual Training Program Ms. Wittman requested the Commissioners attend a new training program for all Boards and Commissions members on Thursday, June 6, 2019, 6 p.m. in the Council Chambers presented by City Attorney Land. Washington County Historical Society Commission Representative Ms. Wittman stated the Washington County Historical Society (WCHS) named Matt Thueson as the WCHS representative to the HPC. He will join the Commission after he is appointed by the City Council. National Preservation Month Ms. Wittman reminded the Commission that Tuesday May 21, the Preservation Awards will be given at the City Council meeting. ADJOURNMENT Motion by Commissioner Steinwall, seconded by Commissioner Krakowski to adjourn. All in favor, 6-0. The meeting was adjourned at 10:03 p.m. Respectfully Submitted, Julie Kink, Recording Secretary HERITAGE PRESERVATION COMMISSION MEETING DATE: May 15, 2019 CASE NO.: 2019-09 APPLICANT: Jim Barton of Barton Construction Services representing Dan and Alison Boblit, property owners REQUEST: Demolition request for a pre-1945 garage located at 116 Harriet Street North ZONING: RB-Two Family COMP PLAN DISTRICT: Low/Medium Density Residential PREPARED BY: Abbi Jo Wittman, City Planner REQUEST AND STRUCTURAL CONDITIONS The applicant is requesting a demolition permit for the garage located at 116 Harriet Street North in order to have a modern three-car garage. Do to the location, the future garage will require a variance from the City’s Planning Commission. The (approximately) 900 square foot garage appears to be in the same configuration as the 1904 Sanborn Fire Insurance Map. Although the interior lumber is dimensional, several boards are stamped with “Gould LBR CO. Seattle, Wash”. There is a sag in the loft floor, a sistered cross beam, and the support poles are starting to rot. The exterior paint, determined to be lead, is peeling from the structure. PROPERTY HISTORY According to the Greeley Addition Historic Preservation Planning Area Report, the property was developed by David Swain, a machinist and builder of stream engines. The report indicates “Swai was one of the most affluent residents of the area. It 1884 his personal property was listed at $4,375.” The study included a Bird’s Eye View of the west north hill in 1879. Swain’s garage appears to be shown on the rendering. Street View (Google Images – August, 2013) 116 Harriet Street North HPC Case No. 2019-06 Page 2 The report further accounts Swain “built stream engines, many of which were used in the steamboats plying the river trade. Swain also constructed the steam engine used to swing the pontoon open on the first (1876) bridge across the St. Croix River at Stillwater”. It can be assumed Swain constructed steam engines in this structure. STAFF REVIEW On a March 18 site inspection by Building Official Cindy Shilts and I, the structure was determined to be in fair to good condition. The existing structure could be repaired. Based on the review of the property and associated records, staff made a determination that the property could potentially be locally designated because of one of the following: a) The character, interest or value as part of the development heritage or cultural characteristics of the city, state or county. b) The location as a site of a significant historic event. c) The identification with a person or persons who significantly contributed to the city's culture and development. d) The embodiment of distinguishing characteristics of an architectural style, period, form or treatment. e) The identification as work of an architect or master builder whose individual work has influenced the city's development. 116 Harriet Street North HPC Case No. 2019-06 Page 3 f) The embodiment of elements of architectural design, detail, materials or craftsmanship that represent a significant architectural innovation. g) The unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the city. Thus, as required by the demolition ordinance, the application is being forwarded to the HPC for review and consideration. APPLICABLE STANDARDS AND REGULATIONS Chapter 34, Building Demolition¸ of the municipal code outlines the community development director shall review the permit, conduct an on-site visit of the property with the applicant, make … determinations, and take the associated action. For a historic resource, the Commission must decide on one of the following: (i) Negative finding. If the commission finds that the property is not a historic resource, then the commission shall notify the building official that a demolition permit may be issued. (ii) Positive finding with no feasible alternative to demolition. If the commission finds that the property is historically significant or a historic resource, but that there is no feasible alternative to demolition, then the commission shall notify the building official that a demolition permit shall be issued. (iii) Positive finding with feasible alternative to demolition. If the commission finds that the property is historically significant or a historic resource, and that there is a feasible alternative to demolition, then the commission shall deny the demolition permit and direct the community development director to prepare a designation study of the property. Before approving the demolition of a building, the commission shall make findings that the demolition is necessary to correct an unsafe or dangerous condition on the property, or that there are no reasonable alternatives to the demolition. In determining whether reasonable alternatives exist, the commission shall consider, but not be limited to, the significance of the property, the integrity of the property and the economic value or usefulness of the existing structure, including its current use, costs of renovation and feasible alternative uses. The commission may require a mitigation plan as a condition of any approval for demolition of a building. Such plan may include the documentation of the property by measured drawings, photographic recording, historical research or other means appropriate to the significance of the property. With the approval of the city council, the commission may stay the release of the building, wrecking or demolition permit for up to 180 days as a condition of approval for a demolition of a building that has been found to contribute to a potential historic district to allow parties interested in preserving the historic resource a reasonable opportunity to act to protect it. COMMISSION ALTERNATIVES CERTIFICATE OF SURVEY TRUSTEE'S DEED, Document No. 4012925 EXHIBIT A Lots One (1 ), Two (2), Three (3) and Four (4) of Block Eight (8), Thompson, Parker & Mower's Second Addition to Stillwater, Washington County, Minnesota. LOTS 1, 2, 3 AND 4, BLOCK S, ALSO FA~T OF VACATED NORTl-l 1-lOLCOMBE STREET, Tl-lOMPSON PARKER AND MOWERS 2ND ADDITION, CITY OF STILLWATER, WASl-llNGTON COUNTY, MINNESOTA. NOTE FOR "A", "B" and "C" Found previously set 1/2 inch inside diameter iron pipe monument marked by a plastic cap inscribed with ANEZ RLS 13775. Total area of parcel = 33,809 square feet -0. 776 acres These monuments have been disturbed due to the hilt eroding and are approximately 0.5 feet from the location as previously set. J i EXISTING COVERED AREA (SQUARE FEET) Existing Garage Existing House Existing Decks Existing Driveway Existing flagstone Walkways Existing Gravel Path Existing Patios Existing Brick Walkways Existing Stone Wafts/Borders TOTAL EXISTING COVERAGE 916 2041 627 198 138 340 735 435 509 5939 PROPOSED COVERED AREA (SQUARE FEET) Proposed Garage Existing House Existing Decks Proposed Driveway Existing flagstone Walkways Existing Gravel Path Existing Patios Existing Brick Walkways Existing Stone Watts/Borders 994 2041 627 430 138 340 735 435 509 TOTAL PROPOSED COVERAGE 6249 V L 0 ,l! '-:, "' "' :, 0 .s E .2 :;, O Benchmark; Top of manhole cover, elevation is 884.4 feet. catch basin = LO co 0 0 -0 z BB}t -- 0 L() tO ("l () wrought iron / .. fence 892 _ 1 X - Area of parcel not including slopes greater than 25% = 22,250 square feet -0.511 acres ~ ' 0 (0 WEST bituminous surface a 0-, oO X 890.7 LOT 4 concrete curb and gutter-----~~ deck House RICE No new monuments were set at these locations. STREET wrought iron :----fence LOT I LOT 3 I ,., -,- 1 I I 1 "'--.__. I r· ., " ' 0 I!) -----133 . 45 ---- ,---··----------------------6 0 ---------------------------, wood fence along and near this line -5B~0 J5 15GJ 11 W wr ought iron fence along and near this line t '----north tine N1/2 SE1/4 -NE1/4 -SW1/4 SURVEY PREPARED BY: Landmark Surveying, Inc. 21070 Olinda Trail North -P.O. Box 65 Scandia, Minnesota 55073 Office number: 651-433-3421 LEGEND Orientation of the bearing system is based on the Washington County Coordinate System, South Zone, 1927 adjustment. Distances are in feet and decimals of a foot. Contours are at two foot intervals and are based on the N,A. V.D. 1988 adjustment. They were downloaded from the Minnesota Department of Natural Resources website. 0 Denotes a found previously set 1/2 inch inside diameter iron pip·e monument marked by a plastic cap inscribed with ANEZ RLS 13775. Unless otherwise noted. X 887.1 0 fl. I ;1 I ,.. , I\ I I / / I \I I / .£ _ ,,..._ r-;1 I f ...... 1--I / / ,.J L-I/ -t .... ' '' / >, t.lr-,A II 1\11--I// I 'f L-I/ -t -,-,.., ,., t. I < I I I\ I ,.-' \ A I ;1 / I ', \I\/ I / I .... ,,J ' ' I / -t r .. r -,. "' -1-1 ,. "' .. 1 ...... I--I l I I I I \ I ..._,,J L-.._.., I I '-"" I 'f 4 -...... / '-., '-., I 'f / r" / '\ I'-.. \ A I ... < / I I \/\/ ,,,_ .... ..,,, Denotes proposed 37.0 ft. by 27.5 ft. garage. Denotes brick walkway. Denotes existing building. Denotes location and elevation of field measurement. Denotes flagstone. Denotes top of 25% slope. . t:"": EXISTING GARAGE 91 6 square feet. Northw est corner is 15.6 feet east o f west lot line. Northwest corner is 8. 0 feet sou th · o f north tot tine. Southwest corner is 15.3 feet east of west tot tine. Northeast corner is 8.2 feet south of north tot tine. NOTE PROPOSED GARAGE 994 square feet. Northwest corner is 15. 7 feet east of west lot line. Northwest corner is 11. 7 feet south of north tot Une. Southwest corner is 15.3 feet east of west tot tine. Northeast corner is 12.1 feet south of north lot tine. North watt of proposed garage has a 1.0 foot bump-out for middle stat/. Northwest comer o f bump-out is 10. 7 feet south of north tot fine. Northeast corner of bump-out is 11. 1 feet south of north tot tine. it-· BOUNDARY $ TOPOGRAPl-llC SURVEY PREPARED FOR: DANIEL L , AN D AL LISON L. BOBLIT 116 North Harriet Street, Stillwater, Minnesota 55082 Previously found stone monument, position determined from CIC Plat No. 303 0 a, ,i <O Ill J'.l Ill ' Ill r 0 0 U) ,, 1 ' s --, / ·-- I ;-- __ J ' ' \ '' I SCALE IN FEET , I 0 10 20 I LO LO co (J 0 0, '<I' <.D w LO ~ LO ' >-- ' --, / ·-- ' __ / ,-, '-' r ' ... _ ... , LO 0 --------/ 8----- SCALE : 1 INCH = 20 FEET /' ,, / I <. I --,/-{ .. ~ ... f '·: \..,_ ' l ) ' ~ -----------Found iron pipe with cxi I plastic cap inscribed / ~ Ill <O Ill ~ w Ill N with the number 9232. -... / ' ,,, j I // / w io F Ill r 0 0 U) ---- ; ' ' < ; ; ' ' /',_ V V ' ' ' ' ' ' ~-. ' ' ' ' ~-. ' ' ' ' '-'' I ' -.... _\ ... -' I ' ' -' I I ' I ' V ' ' ; ' \ V , ' '< ' ' ' -~-. ' Previously found iron pipe set · over stone monument wat e r f e ature Official copies of this map are crimp sealed. I here b y certify that this su rve y, plan or report was prepared by m e o r under m y direct supervision and that I om a duly Licensed Land surveyor under th e l a ws of the State of Mi nnes o ta . Landma r k Surveying Inc . April 22, 2019 O> 0 "' oi No. 13775 Date "' Cell number: 651 -235 -8880 [-mall address: inthefield@frontiernet.net a..-------------------.--.-.-.--------····-----.---.--.--.--------------•••--------·--·-·--·-.----. . .-.------------·--·----·-·------------------.-.--.----.-.---.-.-.-.---.--.-·-.----.--.--..----·-·--·-·-.--··•··-----···-----... -.---.-.---------·--·---.:=::~A~p:r:i/.2~6,~2~0~1!9~-~:::;::~c~o~lc~u~lo~t~io~n~s:_ __ .Jf Job Number 2019-15 Heritage Preservation Committee Stillwater Planning Commission Stillwater, MN RE: Application for variance 116 Harriet Street North Dear Members: We are request i ng a variance to re-construct our garage, located at 116 Harriet Street North. A April 23, 2019 design permit for partial demolition was issued for this property in 2015. After two long years, the full restoration of the house was completed. Throughout the project our design team demonstrated attention to acetic detail and devotion to preservation. This is best seen in the attached photos of before and after the renovat ion project. Now we'd like to extend that spirit to creating a garage that matches the modern function and historic beauty of the home. The existing garage has never matched the architectural integrity of the home; it is covered in failing lead paint and has degraded. The garage doors are mismatched, support beams are compromised, siding is beginning to rot, and joists are sagg i ng. We'd li ke to re-build and slightly expand the garage in a similar location and incorporate some of the architectural details of the home. There would be no encroachment on the existing set-backs; in fact, the proposed garage would be several feet farther from Rice Street than the existing structure. As shown in the design plan, the new garage matches the character and construction of the renovated home. Furthermore, the size proposed is consistent with a home of this scale and falls within the city's size limit of 1,000 square feet. The existing garage is 916 square feet and the proposed garage would be 994 square feet. The footprint would be less than that of the house and occupy less than 10% of the buildable lot. There are also circumstances unique to th is property wh ich warrant a variance request . The house is located on a corner lot. The current garage is situated on the corner of Harriet Street North and Rice Street West, with the house situated on the east side of the lot. The typical side-yard set-back of 3 feet becomes 30 feet due to the corner lot and house/garage locations. Neighborhoods of this era were not designed with current set-backs and we feel that maintaining existing set-backs will have no hindrance on traffic or sight-lines. The proposed garage set-backs are consistent, if not greater, than the surrounding neighbors. Though the address of our home i s Harriet Street North, the driveway ente rs onto Ri ce Street West. All the neighbors' garages on Rice Street have similar or smaller setbacks. There are no neighbors to the east, as the home is located on a dead-end and is the only home on the south side of Rice Street. There are 3 homes on the north side. Both the nearest neighbor to the north and to the south have three car garages, so the proposed structure is in line with the neighborhood and will not alter the essential character of the neighborhood. Building the garage as proposed will eliminate the need for on-street overnight parking as well as another accessory building on the property. Over the past several years we have invested time, effort, and money into our property, neighborhood, and community while preserving the h istorical detail and essence. With your permission we would like to complete this process by finishing the garage in a style that is worthy of the home and ne ighborhood. Sincerely, Property Owners 116 Harriet St N. Stillwater, MN 55082 £Jan- Current Garage 2014 2019 2014 2019 ,. ,- ,,.... I ....... ,; ... I .~ ... , I ....... c-------------------------c:====i ·---,-, w-... ~- 'I I I I I I I I I I I I I \ I I 1 \II 1 ,1 1, ......... 11 ,, /II \ ..---... - ---.... -I I I ' ---... -i---~==============;-ft I I ir.===:::=:::===:=:::::====~ I I I I I : : I I I ' I I , I I I -~ ·1 -~:1 ,,,.,,. ROOM • ATTIC GARAGE T r-· ~~ I ~~ z (1)"' * E~ ~ ~ ~ ~-·! ,..,_ "'Cl>PyRJ(,i/T1117T<-- ALL llr;i/T.> """""-VCD 115.'VU-~~ ::?.=::~:.r-£ -·-------.... =---:::'.-::.. .. --------______ ._ i-~~ OIIA~f>Y• "-"- Dan & A1liaon Bobli 116 Harriet Sl N. Slillwater, MN ~T~ A-f CITY OF STILLWATER ARCHtTECTURE- HISTORY INVENTORY FORM Historic Name: David Swain Current Owner: Hooley County: Washington City/Township: Stillwater Address: 116 N. Harriet Street Inventory No: WA-SWC-515 PIN: 11221-4900 GEO CODE: 28.30.20.31. 76 Township: T30N Range: R20W, Section 28 (SW 1/4 ) U.S.G.S. Quad Map: Stillwater, Minn-Wisc., 1967, photorevised 1993 U.T.M.: 15 514650 4988915 Architect/Contractor: Date Built: 1877 c,.,?:.,i~ Photo Number(s): 013214 Survey Name: Greeley HPP A Style: Gothic ~4.'J-( Frame(s) 13, 14, 15 Form prepa~ed by: Donald Empson, Empson Archives Date Surveyed: February-May, 1997 Physical Description: A house with five gables, a curious bargeboard decoration on all of them, a tin roof, 1 story bay with decorative brackets, modern front porch and new windows almost throughout. To get a sense of the original house, see the second floor gothic windows on the rear (west side) of the house. The garage in back was built in 1918 as a storehouse and machine shed for David Swain who built this house in 1877. Significance: This house is __ is not_X_ preliminarily eligible to the National Register of Historic Places. Statewide Historic Contexts: St. Croix Triangle Lumbering, 1843 -1914; Early Agriculture and River Settlement, 1840-1870. Local Historic Context: Development of Residential Neighborhoods in Stillwater, 1850s-1940s. Stillwater Town Planning and Development, 1844-1945 National Register Eligible (prelim.): "'Y"es _X~No Date listed on the National Register: STILLWATER ARCHITECTURE-HISTORY CONTINUATION PAGE2 Address: 116 N. Harriet Inventory No. WA-SWC-515 Present Use: Residential, single family Zoning District: RB-2 family residential Integrity: Condition: Excellent _X_ Excellent Good Good X Fair Fair Poor Poor Stories: 2 Roof style or shape: Gabled Structural System: Wood Windows: 1/1 Foundation: Limestone Wall Treatment: Vinyl siding Alterations: Front porch and windows Legal Description: Thompson, Parker & Mower's 2nd Addition Block 8 Lot 1,2,3,4 Historic Information: Built in 1877 at a cost of $900, by David Swain, a machinist and steam engine maker. Swain was probably the wealthiest individual to live in this survey area; in 1884, he held personal property worth $4375, including 3 watches/clocks, a piano, and silverware worth $40. In 1918, he added a $450 storehouse to his property; in 1919, his widow added an 8x20 porch. In recent decades, it has been the home of the Hooley family, prominent Stillwater grocers. Sources: Washington County Tax Assessor's Records; Microfilm Roll SAM 7, Roll 7; SAM 78, Roll 14; Stillwater City Directory for 1892; City of Stillwater Building Permits #1683, 1714, 2304 Open to the public: Yes ·--X No __ Limited Application for Permit and I Detailed Statement of Specifications for New frame Building M ........... side ........................ ~ .................... Street ~(~Bl:,~::-~ Own"···-······1~t ... ~L.~~it::•_ Architect ................................................................................................................. . Builder ...................................................................................................................... . The within application was g ranted by issuance of Permit No ............. tJ .... o .. t .................... . . ~A Au ~ .................... ~.~·~·\·······l. ....... -.............................................. 19./..<( .... . The within A pplicatio n rej ected ............................................................................................................... 19 .................. . The following Arbitrato rs were a ppointed ...................... . .............................................................................................................. 19 ..... ,.,-........ · w ho decided to allow tbe within Applieatio11 sustain the decision of rejection , a nd the Permit then issued as above. · EASTON & MASTERMAN, PRINTERS, STILLWATER, MINH. Detailed Statement of Specifications for the Erection of Frame Buildings 1. What side of Street or A venue? ...... _.~_ .. : .. ~ .. J .................. side of .................. -........................ ™.,h.D..~.!. .... ·············--····--··-···----··---Street A venue. " 2 :::~,n __ _z ___ B/ock' 'V(_ r?-of -~;-. ' J •. -'< ,P<Ll_ , '-' __ 1tt _ l Lx __ 'A;::::: 3 . Size of Lot: No. of feet front ................................................... _. No. of feet rear....................................................... No. of feet deep. .................. -......................... -·······-·· 4. Size of Building: No. of feet front .................... .3..0..................... No. of feet rear ................ ~ ... ~............................. No. of feet deep_._-3,...Q·----·--······· No. of stories in height ....... _.~ ........ '.~.C .......... .\ ... ~~···············-·-········--cel/az:.,..baseme-n-t-am1 attic. No. of feet in height from curb Jew:/ to highest point ···········-··-·-·--··-·--··--···-·················· G. What will building cost, exclusive of lot? $ .......... 4 ~-0 ........................................... .. 6. What will be th,: depth of foundation walls from curb level or surface of the ground?. ...................... ___ ·-····-·-····-·-·················-feet. What will be 7 . 8 . 9. 10 11. the ...................................... thickness of said wall?. ..................................... inches. Depth and size of cel/a.r ...................................... deep, ....................... x ....................... . Will foundation be laid on earth, rock, timber or piles? ............ ../!}..-:1..1.... •.•..•••• CA:. ... ~..E ..... --:t .t .' ..................................................................................................................... . Will the roof be flat, peaked o r Mansard? ................................. V-·..lJ, ....... J. ......................................................... . What will be the materials of roofing? ......... _ ................................... ~:.::':: .. &~ ............. ~ .......................................... -................................................................. ---·-··- J H'hat will be the means of access to tbe roof? ........................ _____ ···-··-··································-·-·--·······---·-···········-···-···-······················································--············-····· Material and size of floor joists: ................................................ ·-·····-· 1st tier.. .................. x .............. _; 2d tier .......... __ ... x .. -............. ; 3d tier.·---·-····..x·-·--·--··; 4th tier ............... _ .. x ......... -...... ; 5th ticr ................... x ................... ; 6th tier .................... X·-··--·-···; ceiling tier ................... x .................... ; roof tier ·······------X·······--········-. State distance from centers: 1st tier ........................ inches; 2d tier ....................... inches; 3d tier ...................... inches; 4th tier .............. __ inches; 5th tier ....................... incbes; ceiling tier .............. -...... inchi:s ; roof tier .................. _.inches. 12. If floors are to be supported by columns and girders, g ive the following information: Size and material of girders under 1st floor 13. 14. 1 5. 16. 17. 18. ....................... .x ....................... , ...................................... ; under upper floors ........................ x ....................... , ........................................... ; size a.ad material of columns under 1st f/oor ............................. x .............................. , ···---··············-··············-··; under upper floors ... _ ...... _ ............... x ............... __ ··········• ---···-·--·--······-·······-· What will be the distance of woodwork from all flues, hot air or steam pipes?_··-····-······-·--···-·--····-·····-·----··-······--···---····---··----·-·-··- No. and size of chimneys ........................................................... x ................... ; of what material.... .................................................. ; how built __ ·-···-····-···············-············· Will building be venee1ed with brick, covered with iron, or wood? ................................ --..... \A.?.:'.° .... ! .. :'.".'.'.' .............. -... -............ _ .................................................. _ ,.., f, For what purpose will building be used? ...................................... ~~-!... .... ~ .... -..... W~ ............ ··············-·······-··---·-·-·········-·····························---- How a.re the stairways to be constructed, and of what materials? .................................. ~················-··-········-··-·-·················-···-·········-·---···-····················- How are the interior walls, partitions, etc., to be constructed, and of what materials? __ ··-·-···--··--·-·········--··-······-········"···-----· -················--------··----·-····-----·-····-··-······················-. ------. -····-····················-················-···-··---··-------·-·-··--·--··-····-·----·-------·····----- 19. How are the floors of cellars, basement and other stories to be constructed?_ ........ _ .. ) ............. : ... ~····-····~ .. ~:\: ............... -........................................... . ·-·-··-•••••-••••••••--•-••••·----·-•••-H-•••••••••••••---•••••••-•-•••• -• -------••••••••••••••••••••••••••••••••••••••••••••••••••-••••••••--•-••••••••••••••••••••-••••---------••••-••••••-•-••--••••••-•-••••••• 20. How are the ceilings to be constructed?...... ----·········-··-·--·-·--········-···-····-····-··········-·-·--···········-········-··"-····-··------···-·········-··········----·-·-··-- 21. Will all materials and workmanship be in accordance with the requirements of the law? .................................................................................... _ ........................ .. (Th e following agreement must be sign e d by the owner or the authori zed age nt there of.) The undersigned hereby agrees to perform all work required under the proposed improvement in accordance with tbe plans, specifica- tions and within detailed statement, and in conformity with the laws and ordinances of the city of StiJJwater. Own,, -----~.,g(h.J. ~--Add,'"--·· [l~-· ·---'--·-,_ l/_, __ .i2 ·---·-···· .. -.... : ..... Architect ..................................... ···························---------·-·-················· ...... Address......... .. ··--···············---········---··---............. -................................................. .. Builder ...................................................................................................................................... Address ......... -................................................................................... -·---··--·····-·--······-···· .. ···--········-   Date: June 24, 2019 TO: Mayor & City Council FROM: Beth Wolf, City Clerk SUBJECT: Lumber Jack Days Event Parking Request The organizers of the Lumberjack Days Event would like to request reserving parking Lot 3 (the small lot behind Two Brians) as a valet lot for the Water Street Inn guests. In the past the City allowed parking lot 4 to be used for Water Street Inn guests, while their lot was being used for the Event. However this year with MnDOT’s construction items and limited access to parking lot 4, they would like to use parking lot 3. The request was reviewed by the Downtown Parking Commission at their June 20th meeting. The Commission recommends a reservation of only 22 spaces, as shown in the attached graphic, and the organizer shall pay the reservation fee for 4 days according to the 2019 fee schedule (total cost would be $264). ACTION REQUIRED If Council agrees with the Downtown Parking Commission recommendation, they should pass a motion to approve the parking reservation request and fee requirement. 0 Lot 3 CJ -   Date: June 24, 2019 To: Mayor & City Council From: Beth Wolf, City Clerk Subject: Ragnar Relay Event & Contract Attached is an application packet for an event called Ragnar Relay to be held August 16, 2019. This is a long distance running event consisting of approximately 450 teams of runners starting in St. Paul and ending in Duluth with many stops along the way. Two of those stops are in the City of Stillwater. This event has been held in the City of Stillwater for over 15 years. Past years this event went from LaCrosse to Minneapolis with a exchange stop in Stillwater. Earlier years it was at Lowell Park but most recently at the Stillwater Junior High. The event would run through Stillwater during the early morning hours with little impact to the City. This year however with the route change, size of the event, and type of exchange point, City Council needs to review the event and enter into an agreement. The event will have a minor exchange stop at the Evangelical Church on Manning Aveue and a major exchange stop in South Lowell Park. Different charities are supported by portions of race entry fees, fundraising by teams, and fundraising by the charities at major exchanges along the race course. Ragnar will invite charities or local community organizations to fund raise at the major exchange. BACKGROUND Runners leave St. Paul on staggered times so not all runners are in one location at one time. Runners obey all traffic rules. They run on sidewalks/trails where available, stop at intersections and follow strict adherence to safety protocols. Teams take turns running relay style to complete the course. Safety support vans aid the runners along the course. Stillwater Police have been hired to watch over high traffic intersections/crossings within the City of Stillwater. Each team is comprised of 12 individuals and 2 support vans. Each van has 6 runners. A runner completes a portion of the route and exchanges with their teammate from their van at minor exchange points. At major exchange points such as Lowell Park, one runner from Van “A” enters into the exchange location and another teammate from Van “B” proceeds out of Stillwater to the next minor exchange where they exchange teammates that are in that van.   Van “A” then stays in Stillwater to grab a bite to eat or shop before heading to the next major exchange location where the cycle repeats. The major exchange location in South Lowel Park would stage relay services and support. They would have a designated exchange point along the riverwalk, portapotties, an equipment truck, and tents for support supplies. The organizer did request North Lowell Park, however due to scheduling conflicts with the Valley Winds concert on the night of their setup, the event moved into South Lowell Park. The organizer is requesting to reserve several spots in parking lot 2 for the equipment truck and porta‐potties. The vans coming and going out of Stillwater would find their own parking throughout the City. The event was reviewed by the Downtown Parking Commission at their June 20th meeting. The Commission was concerned about the location of the porta‐potties right out in front of the Freight House Restaurant deck. They were also concerned about the potential impact of all of the team vans. A recommendation wasn’t made as they needed more information on the phasing for the vans. The event was reviewed on June 24th by the Parks and Recreation Commission and they recommend to approve the event. Any associated City costs and fees will be invoiced according to the 2019 Fee Schedule and due July 26, 2019. ACTION REQUIRED If Council wishes to approve the special event they should pass a motion approving the 2019 Ragnar Relay event and contract with Ragnar Events LLC subject to coordination of the event with the City’s Police, Fire, EMS and Public Works to meet the City’s requirements.   RAGNAR RELAY 2019 EVENT AGREEMENT WITH RAGNAR EVENTS LLC THIS AGREEMENT (the “Agreement”) is made this 2nd day of July, 2019 between the CITY OF STILLWATER, Washington County, Minnesota (“City”), and RAGNAR EVENTS LLC, an Utah limited liability corpration, (“Organizer”), 12 Sh 400 West, Second Floor, Salt Lake City, UT 84101. 1. Ragnar Relay. The City hereby authorizes Organizer to organize and conduct an event to be known as the Ragnar Relay (the “Event”) 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: August 15, 2019 (8 am to 5 pm) Event: August 16, 2019 (5 am to 6 pm) Cleanup: August 16, 2019 (6 pm to 8 pm) 3. Course for the Event. a. Event starts in St. Paul, Minnesota and proceeds to the City of Stillwater exchanging runners at the Evangelical Church on Manning Avenue. Runners turn east off of Manning Avenue onto Boutwell Road/80th Street, proceed north on Creekside Crossing to Eagle Ridge Trail where they go southeast to connect to the McKusick Trail. They follow the north side of McKusick Trail to Owens Street and proceed south to Myrtle Street to head east into Downtown. At 2nd Street they turn south to Nelson Street where they turn east and head to the exchange point in South Lowell Park on Sam Bloomer Way. A new runner leaves South Lowell Park heading north on Water Street to Mulberry Street turning west to 3rd Street then head north one block to Linden Street and turn west to 4th Street to turn north again to Stillwater Avenue and turn east to 2nd Street then heads north to Willow Street and east to Hwy 95, where they go north to Hwy 96 and crossover to Boom Road and exit the City of Stillwater on Fairy Falls Rd N. 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 Event or during pre‐ event packet pickup. To further this purpose, Organizer will: a. Promote remote parking by Event participants by including a parking map and information, along with confirmation cards sent to all Event participants, and on other pre‐event promotional literature. b. The intersection of Myrtle Street and Owens Street will be cont rolled by Stillwater Police. Traffic will be allowed to cross the course, runner traffic permitting.   c. Parking lot spaces 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, Washington County, Lakeview EMS) and any other agencies requiring permits for the Event. 6. Participant Count. Organizer shall provide Public Safety and EMS accurate participant numbers as of July 26, 2019. 7. 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 the Event. 8. Public Safety Requirements. The Organizer agrees that the 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. 9. Contact Information. Organizer shall provide updated accurate phone numbers and specific details on who and what dictates weather cancellations or delays. 10. Water Stops and First Aid Stations. Water and first aid stations will be established throughout the Event in keeping with National Race Standards for races. 11. Emergency Plan. The emergency plan will be designed by the Organizer with the assistance of Lakeview Hospital Emergency Services. The plan will meet MN State Fire Code, pursuant to 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 (i.e. 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 26, 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 Event participants in the City. This provision does not prevent Organizer from providing free standard recovery food and nonalcoholic beverages to Event participants. 13. Closing of the Course. The Event route, including sidewalks and trails 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 8 p.m. on day of Event. 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 26, 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: i. Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence ii. 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 Event 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 arrangements 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 26, 2019, if required by the Stillwater Public Safety officials. 17. Police Power. The City reserves the right to shut down the Event if the Chief of Police determines that the public safety is threatened, or the health or safety of Event 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 Event 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 Event 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 26, 2019. Failure to make the payment will result in cancellation of the Event. In the event of a cancellation of this Event after the deposit is made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 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 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 staggered throughout the course in keeping with Standard Race Requirements. The number of portable toilets will be established by 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 street closures. 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 the Event. 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 Event, 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 grounds for public safety. 21. Event Application. 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 RAGNAR EVENTS LLC By _________________________________________ (Print Name) Its _________________________________ STATE OF _________________________ ) ) ss COUNTY OF _______________________ ) The foregoing instrument was acknowledged before me this ______ day of _____________________, by _______________________________________, the ___________________________, the duly authorized agent for RAGNAR EVENTS LLC, an Utah limited liability corporation. Notary Public Board of Commissioners Fran Miron, District 1 Stan Karwoski, Chair, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, District 5 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 1. 9:00 Roll Call Pledge of Allegiance 2.9:00 Comments from the Public 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. 3. 9:10 Consent Calendar - Roll Call Vote 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. A.Approval of the June 18, 2019, County Board meeting minutes. 4. 9:10 Public Works - Allan Brandt, Engineer II (item A); - Erik Jalowitz, Building Services Capital Projects Manager (item B); - Kevin Peterson, Engineer II (item C) A. Approval of purchase order in the amount of $1,134,900.02 with Kraus Anderson to provide construction services for the St. Croix Bluffs Regional Park equipment storage facility. B. 1. Approve construction contracts in the amount of $5,062,234 for the Wildwood Library project. 2. Approve storm water drainage easement agreement with the City of Mahtomedi for the Wildwood Library project. 3. Approve Cooperative Agreement for cost share of the storm sewer installation for the Wildwood Library project. C. Approve a Cooperative Agreement between the City of Lake Elmo and Washington County, for the County State Aid Highway (CSAH) 19 and Hudson Boulevard North Traffic Signal Project. 5. 9:45 General Administration - Molly O'Rourke, County Administrator 6. 9:55 Commissioner Reports - Comments - Questions This 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. 7.Board Correspondence 8. 10:10 Adjourn 9. 10:15-10:45 Board Workshop with Community Services A.Discuss homelessness in Washington County. BOARD AGENDA July 2, 2019 - 9:00 AM %2$5'$*(1'$ %RDUGRI&RPPLVVLRQHUV )UDQ0LURQ'LVWULFW 6WDQ.DUZRVNL&KDLU'LVWULFW *DU\.ULHVHO'LVWULFW :D\QH$-RKQVRQ'LVWULFW /LVD:HLN'LVWULFW -XQH$0 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER  5ROO&DOO 3OHGJHRI$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. $05HFRQYHQHWKH&RXQW\%RDUGRI$SSHDODQG(TXDOL]DWLRQ STILLWATER TOWN BOARD MEETING June 13, 2019 Town Hall 7:00 P.M. PRESENT: Chairperson, Sheila-Marie Untiedt, Supervisors Rod Hunter, Tim Sinclair, Bonnie Haines and Mike McMahon, Deputy Clerk Barbara Riehle, Treasurer Marsha Olson, Chief of Police Steve Nelson and Park Manager Jackie Garofalo. Also present, Planning Commission Member Robert Geisen. No staff was present for the meeting. 1. AGENDA – M/S/P Sinclair/McMahon moved to adopt the agenda as written (5 ayes) 2. MINUTES – M/S/P Hunter/Haines moved to approve the May 9, 2019 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. ATTORNEY – a. Legal Service Agreement – A slight increase from last year. M/S/P Hunter/Si nclair moved to approve the new fee schedule and for the Chairperson, Sheila- Marie Untiedt to sign both copies of the agreement. (5 ayes) 4. ENGINEER – a. 94th and Neal Quotes – Town Board members discussed and reviewed the two bids for the culvert work and related improvements for the Neal Avenue and 94 th Street culvert issues. Schifsky Companies bid was $8,370.00 with detailed line items and Miller Excavating Inc. bid was $9,801.30 with more categorized grouping of work. The Township Attorney commented that both bids were very comparable. The Township was not required to go out for bid but elected to do so. M/S/P Hunter/McMahon moved to accept the $8,370 bid and awarded the contract to Schifsky’s. (5 ayes) 5. TREASURER – a. Report given. b. Checks and Claims - Checks and Claims #43992 through #44010 were approved for payment. 6. PLANNER – a. Hands Variance – M/S/P Haines/McMahon moved to approve and for the Chair to sign two copies for the variance which is also notarized by Treasurer Mar sha Olson. (5 ayes) 7. PARK MANAGER – Jackie Garofalo was present to report. a. Assistant Park Manager Position – Bennett Shantz has been working in an unofficial type/volunteer position. Help is needed about 4 -5 hours/week with garbage and another 2-3 hours with Pavilion clean-up after parties. Suggestion of a pay increase from last year’s $12/hour to $15/hour. Chairperson Sheila-Marie Untiedt suggested a simple agreement be signed for liability purposes. M/S/P McMahon/Sinclair moved to Stillwater Town Board Mtg. – 6/13/19 Page 2 approve Park Manager Jackie Garofalo to hire Bennett Shantz as an assistant at $15/hour. (5 ayes) b. Spring Clean-Up – A huge success. For 3 hours cars lined up and down the street. An increase of 1-Ton more scrap metal and solid waste was collected from last year’s totals. Maroney’s did a nice job again this year. Tires were collected as well but several had come with rims and Minnesota Mosquito Control would not take those. Unfortunately, someone dumped more items after the “Spring Clean -Up Day” and we will have to incur costs for Maroney’s to remove the garbage. Jackie Garofalo report that we will likely not do tires again next year. c. Neighbor on Norell Sight Lines – The Park Committee made a recommendation to not fund or plant trees on the township property on the corner of Hwy 96 and Norell. There is a suggestion to check with the Planner. Jackie will follow up with Mr. Heifort. d. Arcola Heights donation – Someone who is a visitor to the park came forward and asked if they could donate a “tee marker” for the Disc Golf Park. e. Disc Golf League – A new Disc Golf League will be playing at Arcola Heights Park this Sunday, June 16th. f. Park Check-Ins - Police Chief Steve Nelson and Assistant Park Manager Kelley Shantz have been doing daily check-ins and will begin logging what is seen in the garbage cans at the park to have documentation to respond to concerned residents. g. Keep Arcola Heights Park open - It is the Park Committee’s recommendation to not sell the park land and that this park i s safe and highly used for Disc Golf and it should be kept open. h. STS – Crews were out clearing sight lines from Hole 8 to the road. Next year the focus will be more on removal of Prickly Ash versus Buckthorn. Supervisor Rod Hunter commented that the tee boxes could use a little clean up where some of the gravel has shuffled out. He reported the times he has been to the park and has met small groups of nice kids playing disc golf. i. Goats - For Buckthorn removal the Township is looking into having goats at the park. Jackie is working with a representative from Washington County who is assessing the area. j. Reimbursement - An invisible fence was accidently cut while clean up happened. The Township will reimburse the $120 to the resident. k. Garbage – Increase in garbage pick up has solved the issue. l. Park Survey – Deputy Clerk Barbara Riehle drafted a survey. The plan is to begin at the picnic, then to all residents. Supervisor Rod Hunter suggested adding “What is your favorite thing?” instead of Comments. m. Recycling Grant – Chairperson Sheila-Marie Untiedt signed. (Jackie Garofalo leaves) (Steve Nelson arrives) 8. CHIEF OF POLICE - a. Report given – 11 burning permits were issued for the month of May. Spring burning ban was lifted on May 15th. We are now in the summer burning hours of 6 p.m. until 8 a.m. b. Animal Control - 1. Impounds – There were no impounds again for May, so the township will not be billed. Stillwater Town Board Mtg. – 6/13/19 Page 3 2. Bear Sighting – A bear has been sighted several times in the 15000 block of Otchipwe Avenue in late May. The last 10 days it has been seen in the Primrose Ave N and 100th Street area and it was last seen in the 10800 block of Stonebridge Trail. (Check the website for more details). c. Police - 1. Monthly Calls – There were a total of 93 complaints that were received for the month of May. 2. Road Restrictions – Road restrictions were removed on May 7th. It is on the website. 3. Ordinance Update – An incident where a vehicle was parked in Arcola Heights Park and after reviewing the ordinances found that we repealed #3, 10 and #130 which only dealt with hours that the parks were closed. We have nothing that prohibits parking or driving in the park. Suggest we amend Ordinance #142 and add provisions for parking in the park, open fires and other posted restrictions . M/S/P Sinclair/Hunter moved to recommend Soren to review Ordinances with Steve (5 ayes) 4. Arcola Heights Park- 10 trips to the park in 20 days. All people were legal and respectful. I spoke with everyone in the park on all occasions and asked them to call if they see anything illegal going on. One person had an open beer and I had them pour it out. No one else found with alcohol. There will be a golf league at Arcola Heights Park starting June 16th and occurring every other Sunday for 16 weeks. Last league play will occur on September 22 nd. I noticed this on a posting at the 1st tee. 5. Special Event Permits – No Special Events are scheduled for June. 6. Mendel Road Request – Resident called and wanted the Town Board to consider placing “No Parking” signs on the east side of Mendel Road just north of Hwy 96 for about 200-300 feet to discourage people from parking there and walking across Hwy 96 to South Twin Lake. Lots of garbage picked up weekly and it was really bad while the loons were nesting. 7. New phone scams – watch for new scams. 8. Bike Ride Event - Robert Giesen asked about any information regarding the bike ride from White Bear Lake to Pine Point Park. Steve will look into it. 9. MARK LAMBERT UPDATE -Mr. Lambert was present to update Town Board Members on the project process. He is working with the Brown’s Creek Watershed District (BCWD) on a proposed drainage plan and the City of Stillwater with annexation discussions. Plans consist of: 2019-Permitting; 2020–Grading; 2021–Spring Construction. 10. BARB STAHLMANN - Ms. Stahlmann filled out a Park Committee application and introduced herself to the Town Board. M/S/P Sinclair/Haines moved to approve and appoint Barb Stahlmann to the Park Committee. (5 ayes) 11. CLERK – No report. Stillwater Town Board Mtg. – 6/13/19 Page 4 12. PLANNING COMMISSION – 1. Draft Letter for new Commissioners – Commission Members Robyn Stoller and Robert Geisen worked on a drafted letter to be sent jointly by Town Board Chair and Planning Commission Liaison to new Planning Commissioners. This letter would accompany an orientation packet of basic information as noted. 2. Joint Planning Workshop – This Fall (September 2019) Baytown Township will host the workshop. The costs quoted are $1500 which includes preparation, travel and workshop time. M/S/P McMahon/Hunter moved to approve and authorize an expenditure not to exceed $400 for our Township cost share. (5 ayes) 13. PARK COMMITTEE – No additional report. 14. COMMUNICATION COMMITTEE – No additional report. 15. OLD BUSINESS – None to report. 16. NEW BUSINESS – a. School District’s Planning Team Representative – Stillwater Area Public School District is looking for someone from our townshi p to participate in the long-range facilities planning process, a Community Design Team is now being formed. Supervisor Mike McMahon will attend and Supervisor Rod Hunter will be back up. Town Clerk Kathy Schmoeckel will be asked to contact Carissa Keist er at Stillwater Schools to let them know who will participate. b. Dust on 108th Street – A resident complained about dust on a gravel road. The Township will consider this in the next budget session. We may have about 5 gravel roads within the township. Clerk Kathy Schmoeckel will be asked to contact Raleigh’s about dust control. c. Trail Damage – Norwood Ave. – Supervisor Rod Hunter reported on damage that the plows had caused. It needs to be repaired. Raleigh’s had been contacted but had not yet responded. Clerk Kathy Schmoeckel will be asked to reach out to them to get this damage repaired. d. Letter sent – Supervisor Sheila-Marie Untiedt sent a letter to the Mayor of Lakeland, he is resigning. e. Truck Traffic Reports – Chairperson Sheila-Marie Untiedt will check with our Planner for an update. f. Pine Point Park Technical Advisory – Supervisor Rod Hunter reported. 17. ADJOURNMENT – The meeting was adjourned at 8:42 p.m. Clerk______________________________________ Chairperson_________________________________ Approved___________________________________