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2019-08-20 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING August 20, 2019 SPECIAL MEETING 3:00 P.M. 3:00 P.M. AGENDA I.CALL TO ORDER II. ROLL CALL III.OTHER BUSINESS 1.Lambert Pre‐Annexation Agreement 2.Budget Workshop IV.RECESS REGULAR MEETING 7:00 P.M. 7:00 P.M. AGENDA V.CALL TO ORDER VI.ROLL CALL VII.PLEDGE OF ALLEGIANCE VIII.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 3.Youth Service Bureau Budget Request – Robert Sherman, Executive Director IX.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 X.STAFF REPORTS 4.Police Chief 5.Fire Chief 6.City Clerk 7.Community Development Dir. 8.Public Works Dir. 9.Finance Director 10.City Attorney 11.City Administrator XI.CONSENT AGENDA ‐ all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 12.July 30, 2019 regular meeting minutes 13.Payment of Bills 14.Lift Bridge Bike, Run, Belch Event 15.Fee Schedule Amendment for Parking Rate ‐ Resolution 16.Knights of Columbus Temporary Liquor License XII.PUBLIC HEARINGS ‐ out of respect for others in attendance, please limit your comments to 10 minutes or less. 17.CPC Case No. 2019‐26 to consider a Zoning Text Amendment for the creation of a Rural Residential Zoning District. Notice was re‐published in the Stillwater Gazette on Friday, July 12, 2019 (there will not be a hearing on August 27th) – Ordinance 1st Reading 18.CPC Case No. 2019‐36 to consider a request by Robert Hill, property owner and Todd Konigson, applicant, for the Consideration of a PUD Amendment, Special Use Permit, Vacation Easement, and Preliminary Plat for the property located at XXX New England Place PID # 3003020320099. Notice was re‐published in the Stillwater Gazette on Friday, July 12, 2019 (there will not be a hearing on August 27th) – Resolution 19.CPC Case No. 2019‐37 to consider an appeal request by Sally Studtman, property owner and Nancy Millard, applicant, for the reconsideration of a Variance request to the maximum allowed building coverage and a Variance to lot size for second lot. Property located at 1422 Martha Street. Notice was published in the Stillwater Gazette on Friday, August 2nd, 2019. XIII.UNFINISHED BUSINESS 20.Oak Park Heights Annexation Detachment Memorandum of Understanding – Removed 21.City of Stillwater, General Obligation Capital Outlay Bonds, Series 2019A – Resolution XIV.NEW BUSINESS 22.Driveway Surface at 2005 Hazel Ct 23.GreenStep Cities Workplan 24.Agreement between the City of Stillwater and Mahtomedi Youth Hockey Association – Resolution XV.COUNCIL REQUEST ITEMS XVI.CLOSED SESSION 25.Pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney‐client privileged communication regarding 121 Chestnut Street East XVII.ADJOURNMENT Konigson case Condition 3—revised as follows: The developer must hold a meeting,or meetings, with both the Liberty on the Lake Home Owners Association and the Liberty Village Owners Association. The purpose of the meeting(s) is to discuss building design. Because, before the application submitted for approval of the final plat and the final PUD is considered complete,the presidents of each association must submit a letter to the City in support of the design included with the final application materials. cSjlllwater 2020 Budget - Personnel Request THE BIRTHPLACE OF MINNESOTA New or Modified Position Request Details, Objectives, and Impact Position: IT Technician Details, Objectives, Impact on Staff, Operational Improvements, Impact on Programs/Services: Looking for a full time IT technician to help with GIS work and desktop/software support. In the past 3 years the MIS department has taken on the additional support of the Library and the Water Board. We have also added approximately 100 security cameras, 35 access points, key card access, expanded to the number of computers supported by 70 and the number of servers supported by 20. We support City Hall, Police, Fire, Lily Lake, the Rec Center, Public Works, Library and the Water Board. Our staff of 3 is stretched to the limit. There is also a growing need for GIS works by all departments within the City that is not being fulfilled. Impact on City of Stillwater Strategic Plan: Provide an efficient and effective environment for our employees to complete their jobs in the most productive way. Priority: ❑ Critical ❑ High I ❑ Medium ❑ Low Cost Estimate — To be completed by requester in consultation with appropriate departments (IS, HR, Finance, others) Cost Estimate One-Time Ongoing TE 1 Salary 52,000 Benefits (to be calculated by Finance) Travel Equipment: Computer(obtain amount from IS) 900 Telephone (obtain amount from IS) Printer(obtain amount from IS) Furniture Office (new or remodel) Not sure where position would be located Other, please specify (e.g. relocation) Savings Generated Total Cost Funding Source (Levy, Fees, Grants, etc.) IT is getting some of the current IT Tech's position reimbursed by the Library and the Water Board. This could help offset the costs of a new position. Library will be contributing 30% in 2020. Department Head Signature: SJillwater 2020 Budget - Personnel Request TY.E B.PTNPLACE OF MINNESOTA New or Modified Position Request Details, Objectives, and Impact Position: Accountant Details,Objectives, Impact on Staff,Operational Improvements, Impact on Programs/Services: The Finance department used to have 5 people in the department and with the recession one position was lost to attrition. The workload has only been increasing and we need to have someone that can help with Audit, higher level work, and back-up for Payroll/AP/AR/UB is becoming critical. The overlap between the Payroll HR Technician and Accountant will provide a good base of knowledge and help to make for a smoother transition when a new Payroll HR Technician is hired after the current retires. Impact on City of Stillwater Strategic Plan: An additional staff member will help the Finance Department continue with the CIP process currently in place. It will also help in the development of organizational excellence in providing back-up to critical processes within the Finance Department. Priority: X Critical ❑ High ❑ Medium 0 Low Cost Estimate - To be completed by requester in consultation with appropriate departments (IS, HR, Finance, others) Cost Estimate One-Time Ongoing FTE 1 Salary 59,305 Benefits(to be calculated by Finance) 24,341 Travel Equipment: Computer(obtain amount from IS) 900 Telephone (obtain amount from IS) Printer(obtain amount from IS) 900 Furniture Office(new or remodel) Other, please specify (e.g. relocation) Savings Generated Total Cost 1,800 83,646 Funding Source(Levy, Fees, Grants, etc.) Levy Levy Department Head Signature: -�-�� Sti11water 2020 Budget - Personnel Request HE BIRTHPLACE OF MIN NESOTA New or Modified Position Request Details, Objectives, and Impact Position: Administrative Assistant Intern—6 months— 12 months duration Details,Objectives, Impact on Staff,Operational Improvements, Impact on Programs/Services: Improving timely service was a key outcome of the Community Development organizational review. One avenue identified for improving efficiencies was better organization of filing system. This intern would organize all paper address files to prepare for scanning into Laserfiche. Under the direction of the Building Official and Building Permit Technician,organize existing address documents already in Laserfiche and scan paper files into each address. Remove duplicates,put documents in proper order,correct file names,check for missing and misfiled documents. Move previously digitized building plans from Building Swap folder into correct address files. Impact on City of Stillwater Strategic Plan: Internship will increase organization excellence. Electronic records will allow staff to be more efficient in searching, locating and identifying needed property files. Request for information searches can be done by any staff member with read-only access to files. Cost savings with paper reduction. The much needed plan review room can be used as intended with lateral file storage reduction. Priority: I o Critical I X High I ❑ Medium ❑ Low Cost Estimate — To be completed by requester in consultation with appropriate departments (IS, HR, Finance, others) Cost Estimate One-Time Ongoing FTE $1,900l1080 hrs $3,800/2080 hrs Salary approximately$12.00/hr. $12,480/1080 hrs $24,960/2080 hrs Benefits(to be calculated by Finance) n/a n/a Travel n/a n/a Equipment: Computer(obtain amount from IS) Use existing Telephone (obtain amount from IS) Use existing Printer(obtain amount from IS) Use existing 3rd floor copier Furniture Existing intern workstation Office(new or remodel) Existing intern workstation Other, please specify(e.g. relocation) Use existing scanner Scanner and Dymo label maker $100 for Dymo label maker Savings Generated Total Cost Approx. $14,380/1080 hrs Approx. $28,460/2080 hrs Funding Source(Levy, Fees, Grants, etc.) Building permit revenue / /// Department Head Signature: _ �� cSj11water 2020 Budget - Personnel Request tPLAcEOFMIIA New or Modified Position Request Details, Objectives, and Impact Position: Patrol Officer—4(four) Details, Objectives, Impact on Staff, Operational Improvements, Impact on Programs/Services: Four patrol officers to ensure minimum staffing levels are adequate for Patrol Division on daily basis (see attached memo) Impact on City of Stillwater Strategic Plan: Ensures safe levels of law enforcement services are provided to community. Priority: D Critical ❑ High ❑ Medium ❑ Low Cost Estimate — To be completed by requester in consultation with appropriate departments (IS, HR, Finance, others) Cost Estimate One-Time Ongoing FTE 4 Salary $430,404 (salary+ benefits) Benefits (to be calculated by Finance) Travel Equipment: Computer(obtain amount from IS) Telephone (obtain amount from IS) Printer(obtain amount from IS) Furniture Office (new or remodel) Other, please specify (e.g. relocation) $10,000 (initial equipment) Savings Generated Total Cost $440,404 Funding Source (Levy, Fees, Grants, etc.) Annual budget Department Head Signature: J. Gannaway INTEROFFICE MEMORANDUM TO: CITY ADMINISTRATOR).THOMAS MCCARTY FROM: CHIEF JOHN GANNAWAY SUBJECT: SUPPLEMENTAL TO 2020 BUDGET PERSONNEL REQUEST DATE: !CLICK TO SELECT DATE] CC: The Police Department is requesting to hire four(4) patrol officers for 2020. Federal COPS grants are no longer available to law enforcement for the hiring of officers. Our number of sworn officers has virtually no change (22 sworn) since I assumed the position as Chief in 2007. Meanwhile,our population has increased from 16,000 to 20,0000. I have asked for additional an officer(s)in every budget,and have been denied every year. Seasonal visitors have increased,events have increased,and serious incidents have increased. We have had three officer-involved deadly force incidents, and numerous other close calls. Opioid overdoses have increased in the past year. The point being that we are no longer the calm quaint tourist town of the past. We have real-life serious issues that are on the increase. More alarming,in 2018,42% of our patrol shifts were staffed by only two officers (our shifts consist of 12 hour shifts). This is full shifts, and does not count when an officer left a shift early as part of authorized leave (sick, etc...). In a city this size,with this population,that is an unacceptable number. There should be a minimum of three officers each shift. Even using the arguments that we should merge with Bayport and/or Oak Park Heights or contract with Washington County,there should still be a minimum of three officers on duty in the City of Stillwater. Two officers responding to `high-risk'calls is simply not enough officers to safely handle those types of calls. We call that an `officer safety issue'. In addition,two officers on duty will diminish other aspects of patrol response. Response times will increase (latest response time info not available in new system being used). Lack of follow-up and attention to detail will increase. The potential will exist for the community to become frustrated with the Police Department because of length and type of response. Comparing call loads to other similar sized cities can be done, but because of our visitor activity I don't think is an accurate number. Probably the best and most time tested comparison is number of officers per 1000 residents. The MN statewide average of cities with similar population is 1.46. Stillwater has a 1.01 ratio. In the metro area using other cities with similar populations and unique features (prominent bodies of water,downtowns),the number is 1.4 (Red Wing,Anoka, Hopkins,S. St. Paul,Elk River,Hastings,White Bear Lake). For comparison to the entire seven- county metro region of similar populations,we are in the bottom 1/4 (see attachment). Hiring four officers would put us at a ratio of 1.3 officers per 1,000,still below the state and similar city-sized ratios,but would help alleviate the officer shortage,minimizing officer safety risks and increase response times and professionalism. htto://www.c.itv-data.cernicitv/Minnescita.html (2016 numbers) MN Cities w/tiosulation 1.5,000-250 POPULATION FTE LEO LEO/1000 MN AVG. „Red Wing 16470 32 27 1.64 1.46 Willmar 19570 36 32 1.63 1.46 New Hope 20792 43 34 1.61 1.46 Anoka 17276 38 28 1.61 1.46 Hibbing 16302 29 26 1.61 1.46 Albert Lea 17815 29 27 1.53 1.46 ;-Hopkins 18056 36 27 1.49 1.46 West St. Paul 19806 32 29 1.47 1.46 Golden Valley 20866 41 31 1.44 1.46 Faribault 23594 41 34 1.43 1.46 i,S uth St Paul 20487 31 28 1.37 1.46 Austin 24716 36 33 1.35 1.46 Crystal 22605 35 31 1.34 1.46 ;Elk River 23746 42 32 1.33 1.46 / Columbia Heights 19675 32 26 1.32 1.46 Lino Lakes 20948 30 27 1.27 1.46 Hastings 22566 32 28 1.24 1.46 New Brighton 22266 33 28 1.24 1.46 Buffalo 15912 21 18 1.12 1.46 'White Bear Lake 24986 37 28 1.1 1.46 Champlin 23828 31 26 1.08 1.46 Northfield 20356 27 22 1.08 1.46 Sartell 16523 21 18 1.06 1.46 Stillwater 18800 24 20 105 1.46 Farmington 22571 27 24 1.04 1.46 Chaska 24838 28 25 0.98 1.46 Rosemount 22998 25 22 0.93 1.46 Forest Lake 19399 28 25 1.29 1.46 Chanhassen 24967 Carver County St. Michael 17087 Wright County Ham Lake 15888 Anoka County Otsego 15047 Wright County AVG 20336 32 27 1.31 fii1water 2020 Budget - Personnel Request ,,.E .,,.1.4.tt is,Mbs�,� New or Modified Position Request Details, Objectives, and Impact Position: Data Specialist.75 FTE to 1.0 FTE. Details,Objectives,Impact on Staff,Operational Improvements, Impact on ProgramslServices: Continued increase and workload demand requires additional administrative support for the FD. Increases in inspection requirements, BOLD Planning initiative,and ongoing staff records management.In addition,the current staffing analysis indicates that SFD's administrative support is less than the majority of FD's Stiliwater's size.A minimum of 1 FTE is recommended. Impact on City of Stillwater Strategic Plan: Providing high quality customer service is considered a priority based on the City's Strategic Planning initiative. Being able to provide a personal contact to our residents when they call or stop by the station to acquire a burn permit, copy of a report, request a blood pressure check, or child safety seat inspection is providing organizational excellence in line with the City's vision. Priority: ❑ Critical 1 X High o Medium o Low Cost Estimate — To be completed by requester in consultation with appropriate departments (IS. HR. Finance, others) Cost Estimate One-Time Ongoing FTE Salary Benefits(to be calculated by Finance) Travel 0 0 Equipment: Computer(obtain amount from IS) 0 0 Telephone(obtain amount from IS) 0 0 Printer(obtain amount from IS) 0 0 Furniture 0 0 Office(new or remodel) 0 0 Other, please specify(e.g. relocation) 0 0 Savings Generated Total Cost Funding Source(Levy, Fees, Grants, etc.) Levy Levy Department Head Signature: �, y"-^.' (J - 6, 6$i11wr 2020 Budget Personnel Request THE BIRTHPLACE OF MINNESOTA ') New or Modified Position Request Details, Objectives, and Impact Position: Firefighter/Engineer—1 FTE Details,Objectives, Impact on Staff,Operational Improvements,Impact on Programs/Services: SFD is at a critical staffing level and is understaffed based on the staffing analysis study completed in 2018.The staffing analysis indicates that SFD is in need of 3 FTE firefighters at this time. Budgeting for one FTE per year for the next three years would be prudent. Request is to hire one FTE Firefighter/Engineer for 2020. Impact on City of Stillwater Strategic Plan: The Department continues to see significant turnover and has not been able to meet staffing levels since 2007.The inability to retain volunteer-paid-on call personnel The fulltime staff will see a significant turnover pnaess tnificant void in succession hananf five years the ability to develop line officers and leaders for the future. and the need to replace them will be a high priority for the City. The need to maintain high community standards and organizational excellence per the City Strategic Plan will require building a solid succession process. Hiring personnel now and training them will provide a smooth transition into the future. Priority: 0 Medium Critical I 0 High II ❑ Low Cost Estimate — To be completed by requester in consultation with appropriate departments (IS. HR, Finance. others) Cost Estimate One-Time Ongoing FTE Salary Benefits (to be calculated by Finance) 0 0 Travel Equipment: 0 Computer(obtain amount from IS) 0 Telephone(obtain amount from IS) 0 Printer(obtain amount from IS) 0 00 Furniture 0 0 Office(new or remodel) 0 Other, please specify(e.g. relocation) $3K—5K(uniforms,gear) turnout Uniforms replaced as needed.Turnout Gear every 10 years. Savings Generated Total Cost Funding Source(Levy, Fees, Grants, etc.) Levy Levy Department Head Signature: •-Q 0 CITY OF STILLWATER, MINNESOTA 2020 PERSONNEL REQUEST FORM DEPARTMENT: PRIORITY %OF TIME PROPOSED POSITON REQUESTED- (CRITICAL,HIGH, (100%,75%, STARTING PROPOSED PROMOTION REQUESTED REASON FOR REQUEST MEDIUM,LOW) 50%,ETC.) SALARY START DATE Continued increase and workload demand requires additional administrative support for the FD.Increases in inspection requirements,BOLD Planning initiative,and ongoing staff records management.In addition,the current staffing analysis indicates that SFD's admininstrative support is less than the Data Specialist increased from majority of FD's Stiliwater's size.A minimum of 1 FTE is .75 to 1 FTE recommended. High 100%Current Step January 1,2020 SFD is at a critical staffing level and is understaffed based on the staffing analysis study completed in 2018.The staffing analysis indicates that SFD is in need of 3 FTE firefighters at this time. Budgeting for one FTE per year for the next three years would be prudent.Request is to hire one FTE Full-time Firefighter/Engineer Firefighter/Engineer for 2020. Critical 100%Step 1 January 1,2020 2020 Budget Notes Staffing Request: Data Analyst/Administrative Support: .75 FTE to 1.0 FTE (25 increase) Continued increase and workload demand requires additional administrative support for the FD. Increases in inspection requirements, BOLD Planning initiative, and ongoing staff records management. In addition,the current staffing analysis indicates that SFD's administrative support is less than the majority of FD's Stillwater's size.A minimum of 1 FTE is recommended. Firefighter/Engineer: SFD is at a critical staffing level and is understaffed based on the staffing analysis study completed in 2018.The staffing analysis indicates that SFD is in need of 3 FTE firefighters at this time. Budgeting for one FTE per year for the next three years would be prudent. Request is to hire one FTE Firefighter/Engineer for 2020. VPOC Salary Line Item Increase: Currently,SFD is 7 VPOC positions short of authorized staffing. Requesting increase in VPOC salary line item in order to modify the staffing model using VPOC personnel on duty.The increase will allow for up to 6 VPOC staff to work on duty 48 hours per month.This is based on 12 hours per week on duty at the station. This is a significant change in how VPOC Personnel have been utilized but would provide for the following: Positives: ❖ Improved safety for all personnel ❖ Improved service(Organizational Excellence, Maintain High Standards)for Citizens ❖ Relatively economical—No benefits, believe we can maintain VPOC status if hours remain below 14 per week on average. ❖ Improve experience for VPOC staff ❖ Improve learning and potential ability to promote to higher qualifications sooner,e.g., FF/E, Line Officer(Lt.,Capt. Etc.) ❖ Comply with national standards and benchmarking ❖ Provide pool of candidates for FT promotion (Succession planning) ❖ Cover FT absences due to vacation,sick,comp time,training, etc. Concerns: ❖ No guarantee this will reduce turnover rate—experience from other departments who have attempted this model indicate initial success but within a few months part-time staff drift off, Page 1 of 2 don't want to work anymore and/or quit.This still causes significant cost and disruption similar to the all VPOC model. Costs are the same for hiring,gear,training, etc. ❖ May reduce call-back response when needed—Staff working designated hours may not come back when needed for an all call event.Staff will feel that they have worked their hours and shouldn't need to come back ❖ May require more staff than expected due to availability and willingness to work(Maplewood found it takes 20 part-time staff to cover 36 hours per month.) Currently we are unable to hire and retain staff. Last hire was 5 personnel, currently we are already down to 3 due to their FT job requirements and it has only been 8 months(not even done with probation yet) ❖ Six personnel at 48/month cover approximately 3,500 hours per year.24/7/365 requires 8,760 hours of coverage ❖ Numerous other Departments have attempted this model and have moved toward FT Staffing; o Hopkins(4 FT-8-4:30pm, 34 POC Currently(41 authorized) only able to maintain 36 POC),Seeking 8 additional FT(12 total) with 16 POC. o Plymouth (6 FT seeking additional FT staffing) o Roseville(70 Paid-on-call in 2014 currently down to 19.Seeking 24 total FT) o White Bear Lake (15 FT&55 Paid-on-call personnel) o Eagan (18 FT, 39 POC, Moving to all FT with total staffing of 42 FTE's) o Maplewood (30 FT-Total transition from paid-on-call,duty crews,to FT) o Oakdale (8 FT, 20+POC) o Mankato (Adding PT Firefighters 12-14 hours per week) Cost Recovery Options: Billing for service is an option if the Council chooses to pursue this route to pay for staffing. Several models are potentially available. ❖ MN State Statute 415.01, subd. 2 (Charging for Fire Calls) ❖ EMS Special Taxing District(MN State Statutes 471.59 & 144F.01) ❖ Emergency Management(MN State Statute Ch 12, 12.26 ❖ Other City Taxing District Options(FBL Downtown area, citywide?) ❖ Contract Fees(Already in place) Other items to consider will be the cost of implementing a billing program.Cost for finance personnel to manage the billing,creating the invoices, mailing the bills,collections and processing. Not sure what the cost of this would be and or the time involved. In addition,the City would need to determine what to do with unpaid or uncollected billings. Does the City absorb this cost, hire a collection agency,and certify it to the property owner for collection by the County? Page 2 of 2 Sjillwater 2020 Budget - Personnel Request THE BIRTHPLACE OF MINNESOTA New or Modified Position Request Details, Objectives, and Impact Position: Maintenance Worker 2( Parks) Details, Objectives, Impact on Staff, Operational Improvements, Impact on Programs/Services New hire in the Parks Department. new position to create needs of growing parks systems, new trails, more use of parks and higher expectations from public. New hire would be able to provide better services to keep up. Impact on City of Stillwater Strategic Plan: Increase organization Excellence. Priority: ❑ Critical !High ❑ Medium ❑ Low Cost Estimate — To be completed by requester in consultation with appropriate departments (IS, HR, Finance, others) Cost Estimate One-Time Ongoing FTE 0.75 1.0 Salary 39202 52270 Benefits (to be calculated by Finance) Travel 0 0 Equipment: Computer(obtain amount from IS) Telephone (obtain amount from IS) Printer (obtain amount from IS) 0 - Furniture Office (new or remodel) $0 $0 Other, please specify (e.g. relocation) $0 $0 Savings Generated Total Cost Funding Source (Levy, Fees, Grants, etc.) levy levy Department Head Signature: Shawn Sanders 7/3/2019 Sjillwatei: 2020 Budget - Personnel Request THE BIRTHPLACE OF MINNESOTA New or Modified Position Request Details, Objectives, and Impact Position: Parks and Recreation Manager Details, Objectives, Impact on Staff, Operational Improvements, Impact on Programs/Services: Dedicated staff position that would take over the following responsibilities community events, Park Board, Park Planning, event permitting, ball field scheduling, newsletter, park facility management, playground inspections. Etc. Would lessen the load on other staff and let them focus on the their own core responsibilities. Impact on City of Stillwater Strategic Plan: Maintain High Community Standards Increase Organizational Excellence Priority: !Critical ❑ High ❑ Medium ❑ Low Cost Estimate — To be completed by requester in consultation with appropriate departments (IS, HR, Finance, others) Cost Estimate One-Time Ongoing FTE 0.75 1.0 Salary 60,000 80,000 Benefits (to be calculated by Finance) Travel 0 0 Equipment: Computer(obtain amount from IS) 900 Telephone (obtain amount from IS) 300 Printer(obtain amount from IS) 0 - Furniture Office (new or remodel) $0 $0 Other, please specify(e.g. relocation) $0 $0 Savings Generated Total Cost Funding Source (Levy, Fees, Grants, etc.) levy levy iepartment Head Signature: ll1w1L 2020 Budget Personnel Request THE BIRTHPLACE OF MINNESOTA New or Modified Position Request Details, Objectives, and Impact Position: Environmental Technician Details, Objectives, Impact on Staff, Operational Improvements, Impact on Programs/Services: New staff position that would be responsible for many areas related to the environment in the City; forestry, erosion and sediment control, City's MS4 program, invasive species and other similar related tasks including GIS work in this area . The new position would be paid for form the storm water utility fund and would not have an impact on the operational budget. The position would lessen the load staff in engineering and Public works Department whose main knowledge is not in these particular areas. With a dedicated staff time, it would free more time spent in their specialized area. It would allow for the elimination of the City Forester, a consultant position the City budgets annually at about $8,000-$10,000 Impact on City of Stillwater Strategic Plan: Organizational Excellence, and maintain High community standards '4riority: *Critical High ❑ Medium ❑ Low Cost Estimate — To be completed by requester in consultation with appropriate departments (IS, HR, Finance, others) Cost Estimate One-Time Ongoing FTE 0.75 1.0 Salary 42,750 58,000 Benefits (to be calculated by Finance) Travel 0 0 Equipment: Computer(obtain amount from IS) 900 Telephone (obtain amount from IS) 300 Printer(obtain amount from IS) 0 - Furniture Office (new or remodel) $0 $0 Other, please specify (e.g. relocation) $0 $0 Savings Generated Total Cost Funding Source (Levy, Fees, Grants, etc.) Storm water utility Storm water utility Department Head Signature: Shawn Sanders, 7/3/2019 The proposed residential building is mismatched to Liberty Village in scale/proportion and style. Scale • The existing building scale in Liberty Village is predominately two-story. • The proposed structure is three-story. • There are no other three-story buildings in the area. • The proposed building will stand out as odd compared to its neighbors. • The proposed design indicates large showcase windows that are out of proportion to any windows in the Village. • "Soaring" is a good descriptor of the design proposal, and is not a complimentary design for Liberty Square. Style • The proposed building is a contemporary design, added to an historical setting. • The structure's sleek vertical lines do not exist in any of the buildings on Liberty Square or in the Liberty neighborhoods. • The facades of the buildings on Liberty Square, and the homes in Liberty neighborhood, target a specific time period of colonial design. • The design is not in keeping with the current buildings in Liberty and destroys the colonial theme of the Village. • Current businesses and homeowners have been required by the City of Stillwater to have their structures adhere to this theme. Proportions • The facades of the buildings on the square, and the houses of the residential neighborhood, are characterized by smaller windows, sometimes called "punched openings". Most are smaller rectangular windows in a repetitive pattern. Larger banks of windows are comprised of multiple smaller units ganged together. This technique retains the proportions of the single windows. • The proposed design indicates large "showcase" windows, but each one is out of proportion to any windows in the Village. The square windows are divided in a geometric pattern that is inconsistent with neighbors. • Taken as a full façade, the windows will appear to the huge squares out of proportion with the Village. Parking • Parking is already an issue for the businesses located on Liberty Square. • The proposed residential structures appear to each have a single car garage. • If the owner has more than one vehicle, where do they park? • Where do their guests park? Conclusion • The proposed townhome units are mismatched to Liberty Village and do not fit the theme and design of the Village. • The land/area has been zoned for commercial use. These units do not meet the standard for business usage. • Liberty Village already has parking challenges. The addition of these units compounds the existing issues. • The proposal does not have the approval of the majority of members of the Liberty Village Association. Submitted by: Dr. Virginia Garlie, Rivertown Animal Hospital bakertilly MUNICIPAL ADVISORS now joined with Springsted and Umbaugh $3,065,000(0 GENERAL OBLIGATION CAPITAL OUTLAY BONDS,SERIES 2019A CITY OF STILLWATER,MINNESOTA (BOOK ENTRY ONLY) AWARD: HILLTOP SECURITIES INC. SALE: August 20,2019 Moody's Rating: Aa2 BBI: 3.10% Average Maturity: 4.137 Years Net True Maturity Interest Interest Interest Bidder (February 1) Rate Yield Price Cost Rate HILLTOP SECURITIES INC. 2020 5.00% 1.01% $3,518,463.160) $180,478.510) 1.2830%0) 2021 5.00% 1.03% 2022 5.00% 1.05% 2023 5.00% 1.07% 2024 5.00% 1.09% 2025 5.00% 1.12% 2026 5.00% 1.20% 2027 5.00% 1.27% 2028 5.00% 1.34% 2029 5.00% 1.41% ROBERT W. BAIRD&CO., INCORPORATED 1.3201% C.L. KING&ASSOCIATES,INC. DOUGHERTY&COMPANY LLC EDWARD JONES FIDELITY CAPITAL MARKETS CREWS&ASSOCIATES,INC. DAVENPORT&COMPANY LLC DUNCAN-WILLIAMS,INC. ROSS, SINCLAIRE&ASSOCIATES,LLC LOOP CAPITAL MARKETS,LLC COUNTRY CLUB BANK SUMRIDGE PARTNERS,LLC SIERRA PACIFIC SECURITIES,LLC ISAAK BOND INVESTMENTS UMB BANK,N.A. WINTRUST INVESTMENTS,LLC FMS BONDS,INC. CENTRAL STATES CAPITAL MARKETS,LLC (Continues) (a) Subsequent to bid opening, the issue size decreased from$3,065,000 to$2,770,000. (b) Subsequent to bid opening, the price, net interest cost, and true interest rate have changed to $3,189,862.30, $167,671.03, and 1.2843%, respectively. Baker Tilly Municipal Advisors,LLC is a registered municipal advisor and wholly-owned subsidiary of Baker Tilly Virchow Krause, LLP,an accounting firm. Baker Tilly Virchow Krause,LLP trading as Baker Tilly is a member of the global network of Baker Tilly International Ltd.,the members of which are separate and independent legal entities. ©2019 Baker Tilly Municipal Advisors,LLC. True Interest Bidder Rate MIDLAND SECURITIES LIMITED ALAMO CAPITAL MULTI-BANK SECURITIES,INC. FIRST SOUTHERN SECURITIES,LLC DINOSAUR SECURITIES,LLC FIRST BANKERS' BANC SECURITIES INC. TRIBAL CAPITAL MARKETS,LLC MOUNTAINSIDE SECURITIES LLC Page 1 LIST OF BILLS 106 Group Ltd.Designation study 116 Harriet St N 4,870.71 Able Hose & Rubber Inc.Hose supplies 293.69 Accela Inc Monthly UB web payments 649.84 Ace Hardware Supplies 131.55 Action Rental Inc.Rental equipment 295.00 Adrian Greg Park Fee Refund 150.00 Advance Auto Parts Supplies 329.51 Air Down There Equipment 985.22 All Traffic Solutions Solar traffic equipment 3,790.00 American Pump Company Generator & pumps rental 4,224.00 AMI Consulting Engineers PA Riverbank Stabilization 25,757.60 Animal Humane Society Pound charges 147.00 Aspen Mills Uniforms 136.94 AutoNation Supplies 265.37 Baker Tilly Municipal Advisors Sewer rate study 9,564.40 Batteries Plus Bulbs Batteries 82.75 Battery I 1st US Artillery July 4 - Cannon demonstration 2,150.00 Bentley Systems Inc.SignCAD 950.00 Board of Water Commissioners WAC Charges 43,560.00 Bolton and Menk Inc.Lift station eval 500.00 Brucciani Beverly Refund of duplicate parking payment 8.00 Brueghel Judith Reimburse for postage 10.50 Buberl Black Dirt Inc.July black dirt picked up 210.00 CalAtlantic Homes Grading Escrow Refund 3,000.00 CDW Government Inc.Supplies 56.14 Century Power Equipment Supplies 22.00 Cintas Corporation Uniforms & Mats 438.41 City of St. Paul Training class 260.00 Comcast Internet 184.25 Coverall of the Twin Cities Commercial cleaning services 540.00 Cunningham Bob Park Fee Refund 35.00 Dakota County Technical College Training 400.00 Dalco Janitorial supplies 1,970.46 DCA Title Armory Chestnut - abstract title search 625.00 ECM Publishers Publications 95.00 Ecolab Pest Lowell restrooms 175.00 Emergency Automotive Equipment & repair 11,210.91 Environmental Equipment & Services Supplies 24.44 Ess Brothers & Sons Inc.Sewer repairs 6,891.93 Foremost Promotions Fire education materials 1,350.00 Forestry Suppliers Inc.Paint 261.50 Fury Motors Vehicle service 34.95 Galls LLC Uniforms & supplies 352.96 Gopher State One Call Inc.Locates 472.50 Grainger Equipment repair supplies 210.26 Page 2 Greater Stillwater Chamber of Commerce Meeting 40.00 Heavy Equipment Repair Inc.Hydraulic valve 275.00 Henning Professional Services Professional services - Shorty's 3,977.03 Hoisington Koegler Group Inc Comprehensive Plan 927.50 Holiday Companies Vehicle washes 345.00 IdentiSys Supplies 60.06 Jefferson Fire and Safety Inc.Supplies 47.64 Julien Hunter Reimburse for floor liners 134.99 Junker Brad Reimburse for Nite to Unite supplies 93.73 Kelly & Lemmons PA Prosecution 8,333.00 Kirvida Fire Inc.Vehicle repair supplies 192.06 Lakeview Hospital Legal Blood Draws 50.00 League of MN Cities Ins Trust Armory CUP 2,233.27 LeVander Gillen Miller PA Professional services 17,026.42 Lincoln National Life Insurance Co COBRA Life Insurance 7.20 Loffler Companies Copier Lease 2,291.50 Mansfield Oil Company Fuel 4,259.99 Marlow Phil Park Fee Refund 125.00 Marshall Electric Company Electric repairs 12,096.00 Menards Supplies 435.00 Metropolitan Council Wastewater Charge & SAC 254,256.44 Metropolitan Mechanical Contractors Maintenance agreement 1,012.00 MidAmerica Inc Waste Processing - Shop 549.02 Miller Excavating 2019 Street Project 326,678.80 MK Mechanical Inc Service call 504.00 MN Dept of Public Safety 2019 Dodge Durango Blue - plates 17.00 MN Fire Srv. Cert. Board Certification exams 460.00 Modern Heating & Air Cooling repair 340.00 MP Nexlevel LLC Locating 1,657.50 MTI Distributing Equipment repair supplies 125.23 Municode Code pages 1,554.60 NAC Mechanical and Electrical Services Building repair 126.50 Nagell Appraisal 280 Bayberry Ave Ct 800.00 Office Depot Office supplies 375.06 OnSite Sanitation Portable Restroom 2,085.19 Pioneer Press St. Paul Publications 92.02 Quill Corporation Office supplies 478.20 Rehn Code Consulting Services Plan review 1,314.81 Safe Fast Inc Supplies 834.29 Sherwin Williams Paint 94.49 Simplifile LC Filing fee 300.00 St. Croix Boat and Packet Co.Dock Space Lease 2,666.67 St. Croix Recreation Fun Playgrounds Playground equipment 887.00 Stillwater and Oak Park Heights CVB Qtrly Lodging Tax 81,181.38 Stillwater Gazette Subscription 79.00 Stillwater Glass Inc.Window repair 509.59 Stillwater Motor Company Vehicle repair 1,268.67 Page 3 Stillwater Towing Towing service 150.00 SW/WC Service Cooperatives Retiree Health Insurance 80,647.16 T.A. Schifsky and Sons Asphalt 15,087.06 The Foundation Mobility labor 112.50 Theis Byron Reimburse for work boots 111.99 Thomson Reuters Information Charges 146.20 Titan Machinery Shakopee Equipment repair supplies 504.40 TKDA Marylane Drainage Imp 6,662.85 Toll Gas and Welding Supply Cylinders 45.38 Tollberg Homes Grading Escrow Refund 3,000.00 Tri-State Bobcat Equipment rental & supplies 1,139.42 Tri-State Pump and Controls Inc.Rutherford lift station repair 1,170.00 Truck Utilities Inc.Equipment repair supplies 380.04 Twin City Garage Door Co.Garage door repair 1,490.90 Uline Inc Maple table & supplies 1,313.83 US Bank Paying Agent Fees 500.00 USA Clean Supplies 20.70 Valley Trophy Inc.Name plate 48.00 Vinco Inc Emergency bank stabilization 8,777.50 Voyant Communications Phone 541.12 Washington Conservation Distr Shared Educator 675.00 Washington County Road & Bridge Traffic services 222.33 Washington County Sheriffs Office 2019 Lumberjack days 1,181.54 Water Works Irrigation LLC Pioneer Park Bathroom 1,000.00 Wenck Construction City Hall Project 6,835.00 Winnick Supply Equipment repair supplies 100.40 WSB & Associates Inc.MS4 Services 198.00 Wulfing David Reimburse for Dog Boarding 150.00 Xcel Energy Energy 16,364.46 REC CENTER 1ST Line/Leewes Ventures LLC Snacks for concessions 1,035.30 Ace Hardware Supplies 258.46 Advanced Concrete Dome Project 11,500.00 Arrow Sports Group Concession supplies 409.52 Canteen Refreshment Services Concession supplies 804.86 Cintas Corporation Mat cleaning service 154.50 Comcast Internet 109.85 Corval Constructors Equipment repair 798.00 Cub Foods Concession supplies 16.50 HDR Architecture Dome Project 9,298.42 Ice Skating Institute Printing 113.50 Jaytech Inc Equipment repair supplies 674.90 Kraus-Anderson Dome Project 43,607.04 Lindstrom Solar LLC Solar Energy 7,938.02 Menards Supplies 71.92 Page 4 MN Dept of Labor and Industry License renewal 10.00 MN Ice Arena Managers Conference 175.00 Mulcahy Company Inc.Equipment repair supplies 491.04 Pepsi Beverages Company Beverages for concessions 758.34 R&R Specialties Inc.Equipment repair supplies 2,968.90 Riedell Shoes Inc.Skates 1,327.70 Siegfried Construction Company George Brick & ledge steps 835.73 Twin Cities Dots & Pop Concession supplies 573.12 LIBRARY Ace Hardware Janitorial Supplies 192.75 Brodart Co Materials 5,723.97 Childs World Inc.Materials 1,354.68 Cintas Corporation Towels & Rugs 72.24 Comcast Internet/Wi-Fi 188.06 Demco Inc.Processing Supplies 86.28 Friends of the Stillwater Public Library Friends Reimbursement: July Sales 451.50 Infogroup Materials 1,010.00 Mad Science of MN JuvSRP (Friends 2019-03)199.00 Master Mechanical Inc.RTU Exhaust Fan 1,971.72 Mein Anna Programs 200.00 Midwest Tape Materials 1,350.58 One23 Events LLC June 2019 Monthly Fee 2,000.00 Premier Lighting Inc LED Conversion 5,026.15 Recorded Books Inc Materials 70.11 JULY MANUALS Business Data Record Services Shredding 95.00 Glaser Stu To replace payroll ACH pmt due to fraud 2,442.50 Postmaster Utility Billing Postage 2,854.98 Xcel Energy Energy 17,426.95 ADDENDUM Group Medicareblue RX Retiree Prescription Ins 2,569.00 Integrity Land Development Neal Ave 28,812.27 TOTAL 1,167,474.78 Page 5 Adopted by the City Council this 20th day of August, 2019 RESOLUTION NO. 2019‐ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE CONCEPT PLANNED UNIT DEVELOPMENT AMENDMENT, SPECIAL USE PERMIT, AND PRELIMINARY PLAT FOR LIBERTY VILLAGE 5th ADDITION CASE NO. 2019‐36 WHEREAS, Todd Konigson has submitted an application for approval of an two‐lot, six‐unit residential preliminary plat known as LIBERTY VILLAGE 5 TH ADDITION; and WHEREAS, the subject property is legally described as: Lot D, Liberty Village WHEREAS, on July 24, 2019 the Planning Commission held a public hearing on the conceptual PUD amendment, special use permit, and preliminary plat and on a unanimous vote recommended that the City Council conditionally approve the preliminary plat; and WHEREAS, on August 20, 2019 the City Council held a public hearing on the conceptual PUD amendment, special use permit, preliminary plat and found it to be substantially compatible with the neighborhood, the approved plats and plans (CPC Case No. 19970‐70 and 1997‐71 and Resolution No. 2003‐86) and consistent with the City’s Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and infrastructure. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the preliminary plat of LIBERTY VILLAGE 5TH ADDITION with the following conditions: 1. This Special Use Permit is in all ways a Conditional Use Permit as the term is used in Minnesota Statue Section 462.3595. 2. Except as modified herein, the plans shall be in substantial conformance to those submitted and on file with CPC Case No. 2019‐36: Preliminary Plat dated 7/15/2019 Demolition Plan dated 6/28/2019 Paving Plan dated 7/12/2019 Grading Plan dated 7/12/2019 Page 2 of 3 Utility Plan dated 7/12/2019 Floor Plans (A1, A2, and A3) dated 6/27/2019 Elevations (A4) dated 6/27/2019 3. Prior to the submittal of the Final Plan, the design of the structure and site will have obtained Liberty Village Commercial Association approval. This shall be provided to the City in a format that shows association approval on the finalized building design schematic. 4. The overall height of the building shall not exceed 35’, as measured from the average finished elevation of the front of each building to the average height between the plate and the ridge of the highest gable. 5. The street‐facing first level shall be restricted to in‐home professional and service offices only. Businesses shall obtain a Home Occupation Permit from the City of Stillwater. 6. The front‐facing first level shall contain a set of windows, identical to the shape, style, and sizes of the second and third story windows, noted as W1, W2, W4, and W5 on floor plan sheets A2 and A3. The windows shall be set in line with the upper story windows for uniform design. The windows shall consist of clear, untinted glass. 7. Additional detailing on the street and parking lot first floor elevations shall installed to reduce blank walls along the public streets and parking lot areas. 8. With the exception of window signage, signs shall not be permitted onsite. If business identification signage is desired, a sign plan must be submitted with the Final PUD. 9. Scaled building plans depicting the level of detail, materials and colors on all finishes, complete landscaping plan, and solid waste storage and removal plan shall be submitted with the Final PUD. 10. All existing and future trash receptacles shall be stored inside the building or in an enclosed onsite trash facility at all times with the exception of the day of trash collection. 11. The private parking and drive areas shall be signed to indicate no parking is permitted behind the garages or along the drivelane areas. A parking signage plan shall be submitted with the Final PUD. 12. Each unit shall have a fire suppression system installed. 13. A shared parking and driveway easement agreement shall be developed prior to the submittal of the final plat. 14. Prior to the submission of a Final Plat, drainage and utility easements for all existing and proposed public utilities, including those located under the public/private parking lot, will need to be submitted for review and approval by the City Engineer. A 10’ easement will be required on each side of the existing underground water line. 15. Prior to the release of the Final Plat, the developer shall be responsible for paying all park and trail dedication fees, currently totaling $15,000. Fees paid shall be at the rate established by City Resolution in the year in which they are paid. Page 3 of 3 16. All conditions of approval for Planning Commission Case files 1997‐70 and 2003‐14 shall remain in effect. 17. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. 18. All outstanding application fees and escrows shall be paid to the City within 14 days of the date of approval or the approval shall become null and void. Enacted by the City Council of the City of Stillwater, Minnesot a this 20th day of August, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 Jenn Sundberg From:Ann Haraldson <annharaldson@gmail.com> Sent:Monday, August 19, 2019 11:05 AM To:Jenn Sundberg; Abbi Wittman Subject:city council planned action on property on Martha St. Follow Up Flag:Follow up Flag Status:Flagged Good Morning Jenn Sundberg and Abbi Wittman, Mike and I are just making sure our concerns regarding case number CPC 2019-31 are represented when the decision to subdivide the lot at 1422 Martha St. N. is brought before the city council. We feel the size of the two new lots would be too small to do justice to the space needed to place houses on each of the new properties created. The possibility of losing the mature trees on the lot would really be a sad result as well. Therefore, we are opposed to this request for a variance that would create a subszied parcel of land that is immediately adjacent to our property. This change would impact our yard and the surrounding homes in our neighborhood. As we stated in an earlier email, we have had a good relationship with the owner , Sally Studman and her sister Nancy Millard but feel this is not in the best interest of the city to create subsized lots. Sincerely, Ann and Mike Haraldson 411 Moore st. West Stillwater, MN 55082 -- Classie Annie 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING August 20, 2019 SPECIAL MEETING 3:00 P.M. 3:00 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Lambert Pre‐Annexation Agreement 2. Budget Workshop IV. RECESS REGULAR MEETING 7:00 P.M. 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 3. Youth Service Bureau Budget Request – Robert Sherman, Executive Director IX. 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 X. STAFF REPORTS 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Dir. 8. Public Works Dir. 9. Finance Director 10. City Attorney 11. City Administrator 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. 12. July 30, 2019 regular meeting minutes 13. Payment of Bills 14. Lift Bridge Bike, Run, Belch Event 15. Fee Schedule Admendment for Parking Rate ‐ Resolution 16. Knights of Columbus Temporary Liquor License XII. PUBLIC HEARINGS ‐ out of respect for others in attendance, please limit your comments to 10 minutes or less. 17. CPC Case No. 2019‐26 to consider a Zoning Text Amendment for the creation of a Rural Residential Zoning District. Notice was re‐published in the Stillwater Gazette on Friday, July 12, 2019 (there will not be a hearing on August 27th) – Ordinance 1st Reading 18. CPC Case No. 2019‐36 to consider a request by Robert Hill, property owner and Todd Konigson, applicant, for the Consideration of a PUD Amendment, Special Use Permit, Vacation Easement, and Preliminary Plat for the property located at XXX New England Place PID # 3003020320099. Notice was re‐published in the Stillwater Gazette on Friday, July 12, 2019 (there will not be a hearing on August 27th) – Ordinance 1st Reading and Resolution 19. CPC Case No. 2019‐37 to consider an appeal request by Sally Studtman, property owner and Nancy Millard, applicant , for the reconsideration of a Variance request to the maximum allowed building coverage and a Variance to lot size for second lot. Property located at 1422 Martha Street. Notice was published in the Stillwater Gazette on Friday, August 2nd, 2019. XIII. UNFINISHED BUSINESS 20. Oak Park Heights Annexation Detachment Memorandum of Understanding (Available Tuesday) 21. City of Stillwater, General Obligation Capital Outlay Bonds, Series 2019A - Resolution XIV. NEW BUSINESS 22. Driveway Surface at 2005 Hazel Ct 23. GreenStep Cities Workplan 24. Agreement between the City of Stillwater and Mahtomedi Youth Hockey Association ‐ Resolution XV. COUNCIL REQUEST ITEMS XVI. CLOSED SESSION 25. Pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney‐client privileged communication regarding 121 Chestnut Street East XVII. ADJOURNMENT PLANNING REPORT TO: Mayor & Council Members REPORT DATE: August 16, 2019 MEETING DATE: August 20, 2019 REQUEST: Consider pre-annexation agreement for Central Commons property REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION Central Commons, LLC has purchased approximately 32 acres in Stillwater Township south of State Highway 36 and east of Manning Avenue. The owner plans to petition the City to annex the property and then he will develop the site as a mixed use Planned Unit Development (PUD). Stillwater Township and the City’s 2040 Comprehensive Plan both support the annexation of the property into the City. But, prior to annexation, the owner of the property would like to enter into a pre-annexation agreement. SPECIFIC REQUEST The property owner requests the City Council to consider the pre-annexation agreement. COMMENTS 1. If the City Council finds the pre-annexation agreement to be generally acceptable, then it would be placed on the September 3rd Council agenda for possible approval. 2. Goals of the mixed use PUD include: a. Create a multi-use development providing commercial, retail, employment, and high-density multi-family opportunities for residents of the City of Stillwater and surrounding area. b. Utilize access provided by Highway 36 and the new interchange to create additional economic development. c. Endeavor to partner with high-quality grocery store as flagship use for the location. d. Create architecturally interesting high-density multi-family housing, utilizing the natural resources of the property and providing needed housing for City of Stillwater and local area. 3. The 2040 Comprehensive Plan envisions development of this site as a highway mixed use project. A zoning district has to be created yet that will be consistent with the highway mixed use guiding. A first draft of the possible Highway Mixed Use (HMU) Page 2 Zoning District is attached as an exhibit to the pre-annexation agreement. It is very similar to the existing BP-C Zoning District that is located on the north side of Hwy 36. But, it also would allow residential uses if a property is developed as a PUD. Other changes from the BP-C district are that if developed by PUD, buildings could be set 50 feet from a perimeter property line, could be up to 55 feet tall (or 5 stories, whichever is greater), lot coverage could increase to 80%, and up to 33% of the property’s useable land area could be covered by a multi-family use. 4. Because there will be costs associated with the extension of public utilities that will benefit properties other than the Central Commons property, the owner is requesting the City to consider approving the use of tax abatement or reduction of development fees to cover those extraordinary costs. In the map below, the route of the utility construction is shown in green. It is clear from the map that both the Lakeview and Premier Bank properties will benefit from this extension. Utilities Extension COUNCIL ACTION City Council is requested to discuss the main points of the agreement. If there is a consensus that the agreement has merit, it will be brought back to the City Council on September 3rd for formal action. attachment: Pre-annexation agreement bt PRE-ANNEXATION AGREEMENT THIS PRE-ANNEXATION AGREEMENT ("Agreement") is made and entered into this ___ day of August, 2019, by and between Central Commons, LLC, a Minnesota limited liability company and Central Commons II, LLC, a Minnesota limited liability company, hereinafter collectively referred to as the "Owner," and the City of Stillwater, a Minnesota municipal corporation, hereinafter referred to as the "City.” WITNESSETH WHEREAS, the Owner desires to annex to the City, the property more particularly described on "Exhibit A-1”, depicted on “Exhibit A-2", attached hereto and incorporated herein, and commonly known as Central Commons (such property is hereinafter referred to as the "Property"); and WHEREAS, the City and the Owner seek to work together in a unique and collaborative manner which allows the Property to be developed in a way that is mutually beneficial to all parties in an effort to create a project which provides sustained economic development for the City; and WHEREAS, Owner and the City desire to rezone and develop the Property under a new zoning district to be called Highway Mixed Use, as a planned use development (“PUD”), which is intended to be commercial development along with high-density multi-family development in conformance with the desired PUD plan incorporated in draft form on Exhibit B; and WHEREAS, the City is willing to extend water and sewer to service the developments within the PUD (and acquire such easement or right of way as may be needed for such extensions), facilitate the approvals of the necessary wetland permit application (“WCA Application”), the Environmental Assessment Worksheet (“EAW”), if necessary, and the Brown’s Creek’s Watershed Permit Application (“BCWD Storm Water Permit”); and WHEREAS, the City is willing to consider the use of tax abatement to facilitate the extension of public utilities and related costs to the PUD; and WHEREAS, the City and the Owner desire to facilitate the proposed new intersection at Highway 36 and Manning, and WHEREAS, the parties desire to move forward with the annexation; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Pre- Annexation Agreement. NOW, THEREFORE, in consideration of the above premises and the covenants as hereinafter set forth, it is agreed by and between the parties as follows: 1. PUD. The City and the Owner have reviewed and agreed in concept to the PUD. 2. ZONING DISTRICT. Upon approval of the annexation, the zoning for the property will be AP, Agricultural Preservation. The City shall propose an ordinance creating the Highway Mixed Use Zoning District and if approved, propose a zoning map amendment to have the property rezoned Highway Mixed Use. The City Staff and the Owner have reviewed and agree in concept to the Highway Mixed Use (HMU) zoning district language attached hereto and incorporated herein as Exhibit C. 3. UTILITIES. The City has reviewed, and the Engineering Department of the City has approved, the concept plans to extend water and sewer mains to the Property, attached hereto and incorporated hereto as Exhibit D. All changes to the concept plan require City Engineer approval. 4. WETLAND REVIEW. The City has reviewed the proposed WCA Application, attached hereto and incorporated as Exhibit E, and will support Owner’s application for approval either in Stillwater Township or subsequently in the City. 5. ENVIRONMENTAL ASSESSMENT WORKSHEET. The City is reviewing the project and if it finds the project triggers a mandatory EAW, the city shall support Owner’s application. 6. STORM WATER. The City will support approval of the Owner’s BCWD Storm Water Permit Application, attached hereto and incorporated as Exhibit F. The City will provide any necessary authorizations regarding infiltration into a Drinking Water Supply Management Area, provided the Owner meet applicable regulations. 7. TAX ABATEMENT. The City has reviewed the economic and fiscal benefits of the PUD, including the proposed real estate tax estimates, attached hereto and incorporated herein as Exhibit G, along with the necessary approvals and related costs associated to develop the PUD, and finds it necessary to provide the Owner with financial incentives, including tax abatement, as well as development fee reductions (such as AUAR Fees, Park Dedication Fees) in order to make extension of public utilities financially feasible. The City will use its best efforts to utilize the appropriate financing tools to assist with the implementation of the PUD. 8. CITY APPROVALS. The City has reviewed and will support the proposed concept and design plan for the MNDOT/Washington County interchange and 58th Street Corridor, attached hereto and incorporated herein as Exhibit H. The City acknowledges that the 32 foot by 48 foot storage building located on the southeast side of the Property can remain as a storage and maintenance building for the Property. 9. ANNEXATION. Within thirty (30) business days of the Owner and City’s execution of this Agreement, Owner shall fully prepare and submit to the City the Petition for Annexation by Ordinance, in the form as set forth on Exhibit I. Such deadline may be extended by the city for up to an additional sixty (60) business days with the written consent of the City Administrator. 10. Cooperation. The parties agree they will cooperate with one another in accomplishing the terms, conditions, and provisions of this Agreement, and will execute such additional documents as necessary to effectuate the same. 11. Binding Effect of Pre-Annexation Agreement. This Agreement shall run with the Property and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. The terms and condition agreed to herein will be, to the extent possible incorporated into any final Annexation Agreement, should one be approved by both the City and the Owner. 12. Modification and Waiver. No modification of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement, and no waiver of the breach of the provisions of any sections of this Agreement shall be construed as a waiver of any subsequent breach of the same section or any other sections which are contained herein. In the event a party breaches this Agreement, the party claiming one or more breaches have occurred shall notify the allegedly breaching party in writing of the specific breaches and the party allegedly in breach, upon receipt of the detail of the breach claims, shall have thirty (30) days to remedy any breaches. 13. Addresses for Notice. Any notice or communication required or permitted hereunder shall be given in writing and shall be personally delivered, or sent by United States mail, postage, prepaid, registered or certified mail, return receipt requested, addressed as follows: OWNER: CITY: Central Commons, LLC City of Stillwater Central Commons II, LLC C/O Mark Lambert C/O Tom McCarty 6770 Stillwater Blvd, Suite 110 216 4th Street N Stillwater, MN 55082 Stillwater, MN 55082 Email: MLambert@summitre.net Email: tmccarty@ci.stillwater.mn.us Notices shall be effective upon mailing or personal delivery in compliance with this paragraph. A courtesy copy of all notices also shall be sent via e-mail to all of the above-listed parties at the same time any notice is mailed or otherwise delivered but such copies shall not constitute notice. 14. Previous Agreements. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede and replace all prior contracts, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the Property. The condition and terms of this Agreement shall be, to the extent possible, incorporated into the final Annexation Agreement, which final Annexation Agreement shall be subject to the approval of both parties. 15. Title and Authority. Owner warrants to City that Owner is the record owner of the Property. The undersigned parties representing the City and the Owner further warrant that each has the full power and authority to enter into this Agreement. 16. Severability. If any part, section, subsection, sentence, clause or phrase of this Agreement is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Agreement. The parties hereby declare they would have ratified this Agreement including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact one or more parts, sections, subsections, sentence, clauses or phrases be declared invalid. 17. Attorney Fees and Costs. In the event either party finds it necessary to retain an attorney in connection with a default by the other as to any of the provisions contained in this Agreement, once an award has been made, the defaulting party shall pay the other's reasonable attorney's fees and other costs incurred in enforcing the provisions of this Agreement. 18. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, venue shall be in the Courts of the County of Washington, State of Minnesota. 19. Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Pre-Annexation Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. CITY: OWNER: CITY OF STILLWATER, CENTRAL COMMONS LLC, a municipal corporation a Minnesota limited liability company ____________________________________ By: Summit Management, LLC, By:_________________________________ a Minnesota limited liability company, Its: _________________________________ Manager __________________________________ By: Mark Lambert Its: Chief Manager CENTRAL COMMONS II, LLC, a Minnesota limited liability company By: Summit Management, LLC, a Minnesota limited liability company, Manager ____________________________________ By: Mark Lambert Its: Chief Manager STATE OF MINNESOTA ) ) COUNTY OF __________________ ) ss. The forgoing instrument was acknowledged before me this ___ day of August, 2019 by ______________________, the __________________________ of the City of Stillwater. ________________________________ Notary Public STATE OF MINNESOTA ) ) COUNTY OF __________________ ) ss. The forgoing instrument was acknowledged before me this ___ day of August, 2019 by Mark W. Lambert, the Chief Manager of Summit Management, LLC. ________________________________ Notary Public EXHIBIT A-1 LEGAL DESCRIPTION Parcel A: All that part of the North 1341.01 feet of the Wl/2 of the NWl/4 of Section 6, Township 29, Range 20, Washington County, Minnesota, lying Southerly of the following described line: Beginning at a point on the West line of said NWl/4 that is 1071.50 feet Southerly of the Northwest corner, thence Northeasterly by a deflection angle to the right of 73° for a distance of 330.0 feet; thence Easterly, parallel to the north line of said NWl/4 for 795 feet, more or less, to the East line of said Wl/2 and there terminating except the South 104.5 feet of said Wl/2 of said NWl/4. Parcel B: All that part of the NW X of the NW X of Section 6, Township 29, Range 20 West, that lies Southerly and Westerly of the Southerly right of way line of Minnesota Trunk Highway No. 36 and Northerly and Westerly of the following described line: Beginning at a point on the West line of said NW X that is 923.00 feet, as measured along said West line, Southerly of the Northwest corner of said Section 6; thence Northeasterly by a deflection angle to the right of 73° for a distance of 336.41 feet; thence Southerly, parallel to the West line of said NW X, for a distance of 148.5 feet; thence Easterly, parallel to the North line of said NW X for a distance of 784.70 feet more or less to the East line of said NW X of NW X and there terminating, Washington County, Minnesota. Parcel C: All that part of the Southwest X of the Northwest X and of the Northwest X of the Northwest X of Section 6, Township 29, Range 20 that lies Northerly of the following described line: Commencing at the Southwest corner of the Northwest X of said Section 6, thence North 1 degree 14 minutes 50 seconds East, along the West line of said Northwest X, for 969.67 feet to the point of beginning of the line to be described; thence South 87 degrees 25 minutes 34 seconds East for 1120.72 feet and there terminating except the North 1236.51 feet thereof and also excepting therefrom all that portion of the Southwest X of the Northwest X of said Section 6, lying West of the Town Road (also known as Manning Avenue North) as it now traverses said Section 6, according to the United States Government Survey thereof and situate in Washington County, Minnesota. Parcel D: All that part of Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4) of Section Six (6), Township Twenty-nine (29), Range Twenty (20), described as follows: Beginning at a point on the West line of said Section 6, 923 feet South of the Northwest corner; thence North 73 degrees O minutes East a distance of 330 feet; thence South parallel to the West section line a distance of 148.5 feet; thence South 73 degrees O minutes West a distance of 330 feet to the West line of said Section 6; thence North along the West line a distance of 148.5 feet to the point of beginning. Parcel E: (to be insured herein) All that part of the Northwest Quarter of the Northwest Quarter of Section 6, Township 29, Range 20 West, that lies Southerly and Westerly of the Southerly right-of-way line of Minnesota Trunk Highway No. 36 according to the Final Certificate recorded as Document Number 242072 in Book of Deeds 275, page 497 on file in the office of the County Recorder, Washington County, Minnesota; Together with all that part of the Southwest Quarter of the Northwest Quarter of Section 6, Township 29, Range 20 that lies Northerly of the following described line: Commencing at the Southwest corner of said Southwest Quarter of the Northwest Quarter, thence North O degrees 25 minutes 42 seconds West, assumed bearing, along the West line of said Southwest Quarter of the Northwest Quarter, for a distance of 969.67 feet to the point of beginning of the line to be described; thence South 86 degrees 36 minutes 18 seconds East for a distance of 1120.70 feet more or less to the East line of said Southwest Quarter of the Northwest Quarter and said line there terminating, EXCEPTING THEREFROM all that portion of said Southwest Quarter of the Northwest Quarter lying West of the Town Road (also known as Manning Avenue North) as it now traverses said Section 6 and shown on the plat of St. Croix's Sanctuary, according to the recorded plat thereof on file in the office of the County Recorder, Washington County, Minnesota. Abstract Property EXHIBIT A-2 } i , II, 11! lJ l <) 0. J J J f l llli 1111 1 1 1 1 illl I Location: Size: Project Goals: Project Sketch: Proposed Central Commons PUD Project Southeast corner of Manning Avenue and Highway 36. +/-32 acres 1.) Create a multi-use development providing commercial, retail, employment, and high-density multi-family opportunities for residents of the City of Stillwater and surrounding area. 2.) Utilize access provided by Highway 36 and the new interchange to create additional economic development. 3.) Endeavor to partner with high-quality grocery store as flagship use for the location. 4.) Create architecturally interesting high-density multi-family housing, utilizing the natural resources of the property and providing needed housing for City of Stillwater and local area. I J I\ r ) EXHIBIT B ~!I MIW ll.l~JC,.tai.l. 'IOnf'lill•llU.00 otfl\ET"9)49il •1 •11w1,•GJ•I """"'~ EXHIBIT C Sec. 31-XXX. -HMU highway mixed-use district. Highway mixed-use (HMU) zoning district shall be regulated as follows: (a) Purposes. The purposes of the HMU district are to: (1) Align with the intent and goals of the city's Comprehensive Plan. (2) Facilitate the development and integration of diversified commercial, retail, and employment establishments with high density multi-family residential uses in areas along the Highway 36 corridor that are served with interchange access; (3) Accommodate mixed use redevelopment projects providing retail, office, service, healthcare, multi-family housing, and other uses along Highway 36 as guided in the city's Comprehensive Plan; and (4) Maximize the types of uses of property along the Highway 36 corridor to foster economic development for the community and support the city's housing goals. (b) Allowable uses. (1) See Table in Section 31-325 for the allowable uses within this district. (2) Similar uses .by conditional use permit. A conditional use permit may be granted for other uses or services determined to be of the same general character as those found in Section 31-325 for the HMU district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the planning commission and the conditional use permit approved and issued by the city council. (c) Massing regulations. (1) Minimum standards. 1 Height of buildings 40 feet max Lot Area One-half acre Front setback 2• 3 40 feet Side setback 2 20 feet Abutting residential 75 feet Rear setback r 30 feet Abutting residential r----- Lot area coverage (impervious) --1- r 75 feet 75% maximum ------------------------- (d) PUD regulations. For projects in the HMU zoning district that are developed under the PUD Section of this Chapter, Sec. 31-210, all standards found in that Section shall apply, except for the following: (1) Maximum height for buildings south of Highway 36 shall be 55 feet or 5 stories, whichever is greater. (2) Setbacks from the property line of the project shall be 50 feet, except along public streets, which may be less. (3) Lot area coverage (impervious) shall be a maximum of 80%. (4) Multi-family residential is an allowable use within this district when applied for as a Planned Unit Development, as long as there is a minimum density of at least 20 units per acre and the multi-family residential use is not the principal use in the Planned Unit Development, which means that less than 33% of usable land area is designated as multi-family use. 1 All standards are minimum requirements unless otherwise noted. 2 Front and side setbacks shall be landscaped. 3 Measured from the right-of-way line. Sec. 31-325. -Allowable uses in non-residential districts. Retail ALLOWABLE USES -;- General retail business uses or service; local market 1 r General retail business uses or service; local and regional market Specialty retail, incl. antique shops r Department store / Drug store Interior decorating sales; sale of floor covering, paint, wallpaper, materials and objects of interior decorating Appliances and furniture, sale of Household goods, sale of (including china) Books, magazines, newspapers, stationary; sale of r p p p p p p p p p p ZONl!'!G DISTRICTS l vc BP-C I BP-0 1 BP-I HMU CRD ~ PA 1 ~WFD I PROS 1 SUP P SUP p SUP p I [ r I l [ r SUP 19 p p p p p p p 1 f l r i I r Retail: Food Eating establishments r Gifts, flowers, photographic supplies; sale of Tobacco products; sale of Hardware, sale of Sporting goods; sale of Music store Supermarket, retail food Baked goods, manufacture/retail sale of (s: S persons employed) I-Baked goods, manufacture/retail sale of(> S persons employed) Restaurants 3 Fast food outlet Tea rooms, deli, coffee shops, soda fountains, not including the sale of alcoholic beverages Outside eating establishments T p p p p p p I p t r SUP r p I p t 1 T I I p CUP I SUP I p 1 p I I p I r r 1 SUP p SUP I CUP 1 r r Drive-in or drive-r r r I r l through: restaurant, eating places or any other use involving a SUP SUP CUP drive-in or drive- through activity Barber or beauty p p p p shops I Shoe repair shop p I r I l p I Printing shop p r I I I p r l Photo processing r l l l p SUP 1 r I I Tailoring or pressing I p I r l I I p I I I Services Laundry; agencies, I ~r l r 1 self-service, full p p p p service, dry cleaning. I Laundry employing ,S~P 1 1 I 1 > 5 persons I 1 Carpet, bag and rug j SUP I I p J cleaning 4 Banks Banks and financial l -1 p p institutions l I Office; general, r !SUP 1 business or p p p p p ~ professional Offices Offices; finance, p -r p insurance, editorial p SUP p p or real estate services Offices; ~ll -1 p p r administrative I I ---.-l l Offices; business offices that are accessory to p SUP permitted uses on the site I I Office building p 1 r p r T -j ~ , Consultant services such as advertising, engineering, p SUP architects and designers Radio or television l l J p SUP stations Offices; medical and l p SUP p p p p f p dental . r .... Office display or p sales space 5 Automotive sales, l r I service and storage, excluding gasoline filling stations. (See p Section 31-515. for performance Automotive I standards) Service stations or r- fuel sales (See Section 31-515 for SUP SUP CUP performance standards) Gasoline filling SUP l station 2 CUP Auto repair and l SUP I p 6 related services j r Commercial l 1 r recreational uses SUP ~ Commercial I recreational SUP CUP l entertainment , Entertainment I Amusement and r p I I SUP recreational SUP 24 CUP establishments 7 I Outside r I 1 l -r entertainment, l suP commercial 8 I Outside sales or l I I 1su special events 8 SUP 1 SUP SUP I CUP p I I Outside storage SUP I j suP -r I 9 10 CUP l Commercial r I SUP I J j SUP nurseries I Outdoors I Exterior phonographs, paging systems, musical SUP instruments, etc that may disturb the peace and quiet of the public I r Parks 1 r 1-p Trails I I I I l I [ P 1-T ! l p 1 Park structures u ---n·-·1 p i--· 1-p j I Playgrounds 1 l 1-. -P [ l T l P I r ature preserve I -1 l I r I ! -1 I t I p J Athletic fields l l · withlights 12 Outside tennis T courts with lights 13 I r r I r Outside basketball courts with lights 13 1 1 r Outside hockey rinks with lights 13 r Athletic fields 1 I without lights 13 • r Outside tennis courts without lights - utside basketball urts without lights Outside hockey rinks without lights 1· Recreation center 14 1-I Multiple purpose I park building I l Golf course I I l n rl I Golf course club -- 1 1 1 I l j r J i I i I SUP SUP SUP p p p . SUP j 1 SUP p I SUP I I house l I r l --IT-1 r I I I I Dog park r 1-r l T l J I SUP r Public boat launch I I I l l 1 1 SUP I Other passive recreational or p natural open spaces Parking lot I l l r l ACC I I ACC I ---r p l I Schools, business p p and technical I I f r Schools and studios l l I for arts and crafts, p p p photography, music, I dance Educational l r r SUP I p institutions, schools Libraries, art l galleries, theaters SU Institutional for the performing SUP SUP SUP CUP p arts, and other such cultural facilities I Libraries or post -1 -r I p I office Churches, other 1 r----: p j places of worship -I Day care/nurseries [SUP SUP I CUP l I SUP 15 15 Group day care r l 1 l ! p _l l Manufacturing Wholesale/star age Governmental facilities Fire station Hospitals, convalescent hospitals and nursing homes Hotel or motel Manufacturing, limited 17 Manufacture of baked goods Manufacturing, processing, fabrication or assembling of I limited commodity 18 '· Retail sales of products manufactured on the site 19 Wholesale trade Warehousing and outside storage Warehousing and inside storage Mini-storage SUP p 16 I l p j l I I I I f SUP SUP r SUP l I I 1 l 1 I f I J 1 r r l I I l l_:p I SUP . l I l I J --------------_j Industrial Laboratories Light industrial that 1 is clean and compatible with surrounding properties Limited bottling works 20 Printing & publishing or lithographic shop Laboratories Chemical laboratories Research establishment of industrial, medical or scientific nature 1 Research facilities or research laboratories Transportation station or terminal r Helipads Transportation Public works facility /public works/etc. including office and meeting space Essential services Public utility transmission lines SUP 2 SUP 1 T SUP I I I l f 1 T - l - SUP SUP p p r 1 T I r I 1 r p p SUP SUP SUP 'I' l r 1 1 PUD ! J r and facilities I ~elephone exchange [ P Parking facilities 1 1 } l 1 11111 1 I r I T , T rT1 f I I SUP I I l I r I 1 1 Misc. Private parking faciliti es > five cars Funeral home or mortuary Club or lodge Residences of all classes Temporary structures SUP p SUP I l I p 1 SUP [SUP 2 SUP 21 l 1 SUP I Short Term Home I 1 P 25 1 Rental; Type A and B I I Short Term Home Rental; Type C Small Wireless Facilities in the Right-of-Way p 1 [ CUP 1 p p I P = Permitted use p SUP = Use permitted with a Special Use Permit CUP = Use permitted with a Conditional Use Permit [ SUP i 1 r 1-11 r1--i l t I I r p p SU [ :-i p f I t I T I p l I PUD = Use permitted with a Planned Unit Development Permit A = Accessory use p j ACC = Allowed as an accessory improvement to an allowed use located on or adjacent to the site Blank cell in table means that the use is NOT allowed . 1 Such as grocery, fruit and vegetable store, bakery, general store, barber and beauty shop, clothes cleaning and laundry pickup station, business and professional office and the like, supplying commodities or performing services. 2 SUP may only be issued by the city council. 3 Including restaurants, lunchrooms, cafeterias, and other such eating places; and places for the sale and consumption of soft drinks, juices, ice cream and beverages of all kinds; BUT, excluding drive-in establishments. 4 SUP may only be issued by the city council. 5 For a wholesale, jobbing or distributing establishment in connection with which not more than 25 percent of the floor area of the building or part thereof occupied by such establishment is used for making, assembling, remodeling, repair, altering, finishing or refinishing its products or merchandise, and provided that: 1. Any resulting cinders, dust, fumes, noise, odors, refuse matter, smoke, vapor or vibration is effectively confined to the premises; and 2. The ground floor premises facing upon and visible from a major street upon which the premises abut shall be used only for entrances, office or display. 6 Automotive painting, upholstering, tire recapping and major repair, when conducted completely in an enclosed building. 7 Such as armories, assembly halls, bowling alleys, dancehalls, pool and billiard parlors, skating rinks and other social, sport or recreational centers operated as a business, provided the place or building in which it is operated is sufficiently sound insulated to effectively confine the noise to the premises. 8 These uses may be approved directly by the city council if the event is a one time special event not occurring on a regular basis. 9 All outside storage shall be screened by a solid wall or fence and landscaping for public view. 10 Must be screened. 11 Gazebo, picnic shelter, playground equipment, rest rooms, band shelter, and substantially similar park structures; but not including multiple purpose park buildings or recreation center buildings. 12 Six-acre minimum site area. 13 Three-acre minimum site area. 14 Ten-acre minimum site area. 15 Including pre-schools. 16 Hotel or motel or other uses providing visitors with overnight accommodations. 17 Limited manufacturing means conducting a process fabrication, storage or manufacturing of light materials, including electronic components and accessories. 18 Except junk or storage. 19 Either one or the other of the following scenarios applies. A) If the retail sales are limited to products manufactured on the premises, then up to 20 percent of a building's floor area may be used for retail purposes. B) If all of the products offered for retail sale are not produced on the premises, then a total of only 10% of a building's floor area, or 4,000 square feet, whichever is less, may be dedicated to retail sales; however, the retail sales must be of products associated with a primary service offered by the business on the premises. 20 The bottling machinery is limited to manual/semi-automated bottling line without a conveyor system associated with the bottling line. 21 Residences of second level only. 22 Gross receipts must be at least 60% attributable to the sale of food. Live entertainment, which includes DJs, is permitted only inside the building, and then only if it is not audible outside of the building. Outside music is strictly limited to unobtrusive arrangements of pre-recorded songs that may only be played as background music and then only without a DJ. Hours of operation are limited to 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 10:30 p.m. Friday and Saturday. The closing time in the preceding sentence means when the last call for service must occur. Happy hour specials must cease at 6:00 p.m. 23 Residences subject to RCM regulations. 24 Provided the special use permit review criteria found in § 31-207 and all of the performance standards found in § 3 1-515 .1 are met. 25 If Type A or B Short Term Home Rental is proposed in a residence where no Special or Conditional Use Permit already exists for the property, then the property owner must obtain a Conditional Use Permit for the short term rental residence prior to the issuance of a Short Term Home Rental License. 2"Provided the c1iter ia fouHe-ill * XX ~ (Ord. No. 993, §§ 2, 3, 4-15-08; Ord. No. 997, § 2, 9-16-08; Ord. No. 1000, § 2, 10-21-08; Ord. No. 1019, § 2, 9-21-10; Ord. No. 1032, § 3, 6-7-11; Ord. No. 1038, § 1, 7-25-11; Ord. No. 1060, § 1, 6-4-13; Ord. No. 1093, § 4, 5-2-17; Ord. No. 1101, §§ 5, 6, 1-16-18; Ord. No. 1107, § 1, 7- 17-18; Ord. No. 1108, § 1, 7-17-18; Ord. No. 1121, § 2, 1-8-19) EXHIBIT D-~,~~~c. ........... ..,...,....., 811 or co11811.com Commar, Grounc: AlltCIO<.e 1 I g 10 l1 12 13 14 15 IE 17 18 --"""'"""' ~ WAJ1! WA.TB ~ ~ \.............-EXlSTIN(; c.lAOE I \ ' I ' IIOm. .m-., Sl'OltACE """-/. I y t 0 19 20 21 22 2J 24 2S 2:6 27 28 2g 30 31 32 l3 34 35 3& 31 .JS J9 ,o 41 ,2 4J .u. 45 '8 ,1 48 ,g ,. -NOT FOR CONSTRUCTION _ .... Central Commons Manning Avenue Property Sanitary Sewer a. Water Main -Sewer Cmmection to Market Place Lift Station Hospital Alignment 05/14/19 REV 08/15/19 EXHIBIT E Joint Application Form for Activities Affecting Water Resources in Minnesota This joint application form is the accepted means for initiating review of proposals that may affect a water resource (wetland, tributary, lake, etc.) in the State of Minnesota under state and federal regulatory programs. Applicants for Minnesota Department of Natural Resources (DNR) Public Waters permits MUST use the MPARS on line permitting system for submitting applications to the DNR. Applicants can use the information entered into MPARS to substitute for completing parts of this joint application form (see the paragraph on MPARS at the end of the joint application form instructions for additional information). This form is only applicable to the water resource aspects of proposed projects under state and federal regulatory programs; other local applications and approvals may be required. Depending on the nature of the project and the location and type of water resources impacted, multiple authorizations may be required as different regulatory programs have different types of jurisdiction over different types of resources. Regulatory Review Structure Federal The St. Paul District of the U.S. Army Corps of Engineers (Corps) is the federal agency that regulates discharges of dredged or fill material into waters of the United States (wetlands, tributaries, lakes, etc.) under Section 404 of the Clean Water Act (CWA) and regulates work in navigable waters under Section 10 of the Rivers and Harbors Act. Applications are assigned to Corps project managers who are responsible for implementing the Corps regulatory program within a particular geographic area. State There are three state regulatory programs that regulate activities affecting water resources. The Wetland Conservation Act (WCA) regulates most activities affecting wetlands. It is administered by local government units (LGUs) which can be counties, townships, cities, watershed districts, watershed management organizations or state agencies (on state-owned land). The Minnesota DNR Division of Ecological and Water Resources issues permits for work in specially-designated public waters via the Public Waters Work Permit Program (DNR Public Waters Permits). The Minnesota Pollution Control Agency (MPCA) under Section 401 of the Clean Water Act certifies that discharges of dredged or fill material authorized by a federal permit or license comply with state water quality standards. One or more of these regulatory programs may be applicable to any one project. Required Information Prior to submitting an application, applicants are st rongly encouraged to seek input from the Corps Project Manager and LGU staff to identify regulatory issues and required application materials for their proposed project. Project proponents can request a pre- application consultation with the Corps and LGU to discuss their proposed project by providing the information required in Sections 1 through 5 of this joint application form to facilitate a meaningful discussion about their project. Many LG Us provide a venue (such as regularly scheduled technical evaluation panel meetings) for potential applicants to discuss their projects with multiple agencies prior to submitting an application. Contact information is provided below. The following bullets outline the information generally required for several common types of determinations/authorizations. • For delineation approvals and/or jurisdictional determinations, submit Parts 1, 2 and 5, and Attachment A. • For activities involving CWA/WCA exemptions, WCA no-loss determinations, and activities not requiring mitigation, submit Parts 1 through 5, and Attachment B. • For activities requiring compensatory mitigation/replacement plan, submit Parts 1 thru 5, and Attachments C and D. • For local road authority activities that qualify for the state's local road wetland replacement program, submit Parts 1 through 5, and Attachments C, D (if applicable), and E to both the Corps and the LGU. Minnesota lnteragency Water Resource Application Form February 2014 Page 1 of 14 Submission Instructions Send the completed joint application form and all required attachments to: U.S Army Corps of Engineers. Applications may be sent directly to the appropriate Corps Office. For a current listing of areas of responsibilities and contact information, visit the St. Paul District's website at: http://www.mvp;usace.army.mil/Missions/Regulatory.aspx and select "Minnesota" from the contact Information box. Alternatively, applications may be sent directly to the St. Paul District Headquarters and the Corps will forward them to the appropriate field office. Section 401 Water Quality Certification: Applicants do not need to submit the joint application form to the MPCA unless specifically requested. The MPCA will request a copy of the completed joint application form directly from an applicant when they determine an individual 401 water quality certification is required for a proposed project. Wetland Conservation Act Local Government Unit: Send to the appropriate Local Government Unit. If necessary, contact your county Soil and Water Conservation District (SWCD) office or visit the Board of Water and Soil Resources (BWSR) web site (www.bwsr.state.mn.us) to determine the appropriate LGU. DNR Public Waters Permitting: In 2014 the DNR will begin using the Minnesota DNR Permitting and Reporting System (MPARS) for submission of Public Waters permit applications (https://webappsll.dnr.state.mn.us/moars/public/authentication/login ). Applicants for Public Waters permits MUST use the MPARS on line permitting system for submitting applications to the DNR. To avoid duplication and to streamline the application process among the various resource agencies, applicants can use the information entered into MPARS to substitute for completing parts of this joint application form. The MPARS print/save function will provide the applicant with a copy of the Public Waters permit application which, at a minimum, will satisfy Parts one and two of this joint application. For certain types of activities, the MPARS application may also provide all of the necessary information required under Parts three and four of the joint application. However, it is the responsibility of the Applicant to make sure that the joint application contains all of the required information, including identification of all aquatic resources impacted by the project (see Part four of the joint application). After confirming that the MPARS application contains all of the required information in Parts one and two the Applicant may attach a copy to the joint application and fill in any missing information in the remainder of the joint application. Minnesota lnteragency Water Resource Application Form February 2014 Page 2 of 14 Project Name and/or Number: 0013062.01 PART ONE: Applicant Information If applicant is an entity (company, government entity, partnership, etc.). an authorized contact person must be identified. If the applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent's contact information must also be provided. Applicant/Landowner Name: Mark Lambert, Central Commons, LLC and Central Commons 11, LLC Mailing Address: 6770 Stillwater Blvd, Suite 110, Stillwater MN 55082 Phone: 651-689-2200 E-mail Address: mlambert@summitre.net Authorized Contact (do not complete if same as above): Mailing Address: Phone: E-mail Address: Agent Name: David Weetman, Westwood Professional Services Mailing Address: 12701 Whitewater Drive, Suite 300 Phone: 952-906-7419 E-mail Address: david.weetman@westwoodps.com PART TWO: Site Location Information I County: Washington City/Township: Stillwater Township Parcel ID and/or Address: PIN#0602920220001,0602920220002,0602920220003,0602920230001 Legal Description (Section, Township, Range): Section 6, T29N, R20W Lat/Long (decimal degrees): 45.033939, -92.860847 Attach a map showing the location of the site in relation to local streets, roads, highways. Approximate size of site (acres) or if a linear project, length (feet): Approximately 35 acres. If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.nivp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform 4345 2012oct.pdf PART THREE: General Project/Site Information If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. The project is related to the following p .revious approvals and submittals: Wetland Delineation Report (Westwood) dated August 17, 2017, WCA Notice of Decision dated October 27, 2017 (Application number 2017-STT-2), Corps of Engineers Approved Jurisdiction Letter dated March 27, 2018 (Regulatory File No. MVP-2017-03123-TJH) (Appendix A), Wetland Boundary Revision Report (Stantec) dated June 10, 2019 (Appendix B). Minnesota lnteragency Water Resource Application Form February 2014 Page 3 of 14 Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings showing the location, character, and dimensions of all proposed activities and aquatic resource impacts. The Central Commons Project (Project) is located in Stillwater Township, Washington County, Minnesota (Figure 1). It is located in the Minor Watershed of Brown's Creek, the Major Watershed of Lower St. Croix River (37), the Pre-Settlement Wetland Zone, Bank Service Area 6, and is located within the 7-County Metro Area. Attached Figures 2-4 provide details regarding mapped soils, wetlands, culvert elevations and topography. Figure 5 provides the original and revised wetland boundary locations. While the project is currently situated within the political boundaries of Stillwater Township, the City of Stillwater is interested in annexing the project area. The City of Stillwater has had an opportunity to review and comment on this wetland replacement plan application, and has provided a letter of consent in accordance with Board of Water and Soil Resources (BWSR) recommendations. Correspondence from BWSR and the City of Stillwater is provided in Appendix I. The project area is currently zoned A-4 (Agricultural), but will be rezoned to allow for the proposed mixed-use development. Central Commons, LLC owns the roughly 35-acre parcel and is proposing a mixed-use commercial/ retail/ office/ residential development including an approximately 96,000 square-foot grocery store, 4,100 square-foot convenience store with associated fuel pumps, two 6,000 square-foot retail buildings, a 56,000 square-foot 2-story medical building with space for future expansion, and a 37,000 square-foot apartment building (4-stories). The mentioned uses would be supported by approximately 1,200 parking stalls. Other supporting features of the development include a large stormwater pond and loading areas. Additionally, the Minnesota Department of Transportation (MnDOT) is planning to build an overpass at Highway 36 and Manning Avenue at the north and west ends of the site. The road improvements are to be initiated in 2021, and will provide much needed safety improvement for commuters accessing Highway 36. According to the Pioneer Press, for the period 2011-2015, the Manning Ave./Highway 36 intersection was rated 75th most costly in damage and crash injuries (including one fatality) out of about 8,000 intersections in Minnesota. A total of 2.32 acres of permanent wetland impact is proposed in conjunction with the Project. Wetland replacement is proposed via an approved offsite wetland banking area (Bank #1499). Wetland credits available for purchase at Bank #1499 will provide the acreage necessary to meet the required 2:1 replacement ratio for this Project. The identified bank is located within the same major watershed as the proposed wetland impact. The purpose and need for the project is to provide additional grocery, retail, gasoline, and medical services to this growing area near the cities of Stillwater and Oak Park Heights, as well as provide additional entry-level housing options in the form of apartments. In addition, the project will provide both temporary and full-time jobs. The supermarket project alone is expected to provide over 600 temporary jobs within the community, and approximately 120 full-time positions. The proposed wetland fill is associated with the extension of Manning Avenue south from Highway 36 and a new frontage road connection to 58th Street North, construction of the grocery, convenience station and fuel pumps, medical building, apartments, associated parking lots and stormwater ponding. The Proposed Plan (Figure 8) provides the location and dimensions of all proposed activities and aquatic resource impacts. Wetland impacts are proposed within all wetlands with the exception of Wetlands WB09 and WBll, which will be completely avoided. The existing site is comprised of several sub-watersheds and largely drains to internal wetland areas. When these wetlands overflow, they drain either north and east towards a 36" culvert under Highway 36 or south and east to an existing wetland and then to a drainageway off the site. The drainageway ultimately drains north towards the 36" culvert under the highway and then north approximately 0.3 miles to Long Lake. The proposed storm water management system will collect stormwater on the site and direct nearly all runoff southeast to a pre-treatment basin and then an infiltration basin in the southeast corner. As designed, this basin would overflow to the wetland to the south of the site (WBll). The Brown's Creek Watershed District (BCWD) rules require that the proposed design Minnesota lnteragency Water Resource Application Form February 2014 Page 4 of 14 must not increase peak stormwater flow, as compared with the pre-settlement conditions, for the 2, 10 and 100 year 24-hour storm events. Rate control is achieved through the use of a restricting overflow pipe from the infiltration basin before entering WBll. The infiltration basin is also designed to meet the BCWD volume control/ abstraction requirements for the site. A pretreatment sediment basin(s) will precede the infiltration basin. The infiltration basin has been designed to hold a volume equal to the MPCA's Minimal Impact Design Standards (MIDS) volume before discharging. In addition, the basin has been designed to meet the MPCA 48-hour drawdown requirement. In March 2018, the U.S. Army Corps of Engineers (Corps) responded to a request for an approved jurisdictional determination for the twelve delineated wetlands within the project boundary. Following their review, the Corps determined that the only two wetlands within the project boundary subject to their jurisdiction under the Federal Clean Water Act are WB09 (DNR Public Waters Wetland 82-316W) and WBll (Appendix A). As no fill will be placed within either one of these wetlands, a Section 404 permit will not be required for the project. Minnesota lnteragency Water Resource Application Form February 2014 Page 5 of 14 Project Name and/or Number: 0013062.01 PART FOUR: Aquatic Resource lmpact1 Summary If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each impact in the table below. Include all anticipated impacts, including those expected to be temporary. Attach an overhead view map, aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed impacts. Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table. Aquatic Aquatic Type of Impact Duration of County, Major (fill, excavate, Impact Overall Size of Existing Plant Resource ID (as Resource Type drain, or Permanent (P) Size of lmpact2 Aquatic Community Watershed#, and noted on (wetland, lake, Type(s) in Bank Service Area overhead view) tributary etc.) remove or Temporary Resource 3 Impact Area 4 # of Impact Area 5 vegetation) (T)I WB-01 Wetland Fill p 0.88 0.88 Type 4, PEMF Washin11:ton/37 /BSA6 WB-02 Wetland Fill p 0.25 0.25 Type 2, PEM1B Washinirton/37/BSA6 WB-03 Wetland Fill p 0.04 0.04 Type 2, PEM1B Washington/37 /BSA6 WB-04 Wetland Fill p 0.07 0.07 Type 2, PEM1B Washington/37 /BSA6 WB-05 Wetland Fill p 0.23 0.23 Type 2, PEM1B Washington/37 /BSA6 WB-06 Wetland Fill p 0.26 0.26 Type 2, PEM1B Washington/37 /BSA6 WB-07 Wetland Fill p 0.09 0.09 Type 2, PEM1B Washington/37 /BSA6 WB-08 Wetland Fill p 0.20 0.20 Type 1. PEMlA Washington/37 /B5A6 WB -09 Wetland Avoided . 0.00 0.16 WB-10 Wetland Fill p 0.25 0.25 Type 1, PEM1A Washington/37 /BSA6 WB-11 Wetland Avoided 0.00 0.87 -- WB-12 Wetland Fi ll p 0.05 0.05 Type 1, PEMlA Washington/37 /BSA6 Total 2.32 3.35 1 1f impacts are temporary; enter the duration of the impacts in days next to the "T". For example, a project with a temporary access fill that would be removed after 220 days would be entered ''T (220)". 2lmpacts less than 0.01 acre should be reported in square feet. Impacts 0.01 a·cre or greater should be reported as acres and rounded to the nearest 0.01 acre . Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact along the flowline of the stream followed by the area impact In parentheses). For example, a project that impacts 50 feet of a stream that is 6 feet wide would be reported as 50 ft (300 square feet). 3This is generally only applicable if you are applying for a de minim is exemption under MN Rules 8420.0420 Subp. 8, otherwise enter "N/A". 4Use Wetland Plants and Plant Cammunity Types a/ Minnesota and Wiscansin 3rd Ed . as modified in MN .Rules 8420 .0405 Subp . 2. 5Refer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp. 7. If any of the above identified impacts have already occurred, identify which impacts they are and the circumstances associated with each: No impacts to date. PART FIVE: Applicant Signature D Check here if you are requesting a pre -application consultation with the Corps and LGU based on the information you have provided. Regulatory entities will not initiate a formal application review if this box is checked. By signature below, I attest that the information in this application is complete and accurate . I further attest that I possess the authority to undertake the work described herein. Signature: Date : 1 The term "impact" as used in this Joint application form Is a generic term used for disclosure purposes to identify activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to indicate whether or not those activities may require mitigation/replacement. Minnesota lnteragency Water Resource Application Form February 2014 Page 6 of 14 I hereby authorize David Weetman, Westwood Professional Services to act on my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this application. Minnesota lnteragency Water Resource Application Form February 2014 Page 7 of 14 I l. II ... -...-....-"='-= == ::: • t'l''M••u-,u• OU]l!RS "ll!OHOW'f'l\3V\Oib'l1'fM111J SOUI NV>J 'dlHSNMOl ~3 1\/Mll j_is SNOWWO::> l'v~lN3~ 'NOll'lr.)01 t·p ~ 11, • l • l :!ll t1!I fl !HU t EXHIBIT F BROWN'S CREEK WATERSHED DISTRICT PERMIT APPLICATION --l-S5 lli\Y\N/\Rl) /\VL N OAKDALE, MN 5 5 I 2 8 c,51 ,330.1-\220 X2C, [l'IIONEI C, 5 I • 3 3 0 • 7 7 4 7 I F A X J WWW. P,CW D.O RG Project Information T o Be Completed By The AppJicant Date June 7 , 2019 Name of Project: Central Commons Purpose of Project: Development of Commercial and Residential Project Location of Project (street address, if known): SE Quadrant of Highway 36 and Manning Ave City or Township: _s_t_ill _w_a_te_r_T_o_w_n_sh_i_P _____________________________ _ Legal description: Section: 6 ----1/4 Section: NW ----Township: _2_9 ___ N. Range: _2_0 __ W General Project Description: Earthwork, Utilities, Streets, Buildings (See Survey) Authorized Agent/Engineer: Westwood Professional Services, Inc/ Daniel Parks Representing (Applicant): __ C_e_n_tr_a_l _C_o_m_m_o_n_s'-, L_L_C ________________________ _ Street Address: 12701 Whitewater Drive, Sutie 300 City:. Minnetonka Zip: 55343 Fax: Email: dan.parks@westwoodps.com Day Telephone: 952-906-7435 ---------(Signature of Authorized Agent) Applicant (if not yet Property Owner):---------------------------- Representing: --------------------------------------- Street Address: -------------------------------------- City: ___________ Zip: ____ _ Email: ---------------------- Day Telephone:---------Fax:------- (Signature of Applicant) Property Owner : Central Commons, LLC Owner's Street Address: 6770 Stillwater Blvd, Suite 110 Owner's City: _S_til_lw_a_te_r ____________________ Owner's Zip: _5_5_08_2 ______ _ Telephone: 612-840-1000 Fax: -----~lam be rt@summitre.net OWNER'S SIGNATURE (REQUIRED):--~---'"'--"-------------------- Managers: Craig Leiser, President • Gerald Johnson, Treasurer • Anne Maule Miller, Secretary • Sharon Schwarze, Vice-President • Klayton Eckles Page I BROWN'S CREEK WATERSHED DISTRICT PERMIT APPLICATION Permit F ee De osit Permit Application for Approval of: (check all that apply) Rule 2.0 Stormwater Man age ment: (_) Rule 2.2a -Land Development-Subdivision of 4 lots (_) Greater than 4 lots (_><_) Rule 2.2b-l: -All olher slormwaler rule applkalions Rule 3.0 Erosion Control: (_) (_) (_) (~ Activities/Grading les s than 1 acre 1.0 -4.99 acres 5 .0 -19.9 acres 20 or more acre (_) R ul e 5.0 Shoreland and Streambank Alterations (_) Rul e 6 .0 Strea m a nd Lak e C ro ss ing s (_) Rul e 7.0 Fl ood plain a nd Dra ina ge Alterations $2,000 $100/additional lot $3,000 $1,000 $1,250 $1,500 $2,000 $1,500 $1,500 $500 I TOTAL FEE DEPOSIT 4 5 5 I I /\ Y \NI\ I, U /\ V E N OAKDALE, MN 55128 651 .330.8220 X26 [ l'IIONEI 65 1 .330.7747 F /\ X I WWW.P.CWD.ORG 3,000 2,000 $5,000 APPLICATION FEE ESCROW WILL BE CUMULATIVE FOR EACH A PPLICA BL E R UL E . When a project is approved by the BCWD Board, the permit fee deposit must be replenished to the deposit amount by the applicant before the permit will be issued to cover actual costs incurred to monitor compliance with the BCWD permit and rules. ANY COSTS INCURRED BY THE BCWD GREATER THAN THE PERMIT FEE DEPOSIT BALANCE WILL BE BILLED TO THE A PPLICANT. Any unused portion of the deposit balance will be returned to the applicant when BCWD determines that the work has been completed under the permit. Performan c e Sure Additional Project Information (required) The BCWD Board will determine a financial assurance amount in addition to the Permit Fee Deposit. The amount of the financial assurance will be based on the following criteria. Total Area of Disturbed Land Surface as a Result of This Project (acres) 35 Estimated Construction Cost ofStormwater Managment Facilities (incudes ponds, pipes, etc.) $ 250 000 Call (651) 330-8220 ext 26 ir assistance in completing this form is required. Please attach drawings, plans and other data as outlined in Brown's Creek Watershed District rules. Mail or deliver this form along with the appropriate Permit Fee Deposit to the above address. Applying for this permit from BCWD does not address potentially applicable requirements of other entities with jurisdiction. YOU MAY NEED OTHER PERMITS AND/OR APPROVALS. Managers: Craig Leiser, President • Gerald Johnson , Treasurer • Anne Maule Miller, Secretary • Sharon Schwarze, Vice-President • Klayton Eckles Page2 ·-----f!.!! ~Fr...., HIGHWAY ·4o,-....._, '----_ _,,./ __ ... ,------ (__) . ~-: =~'='~~ -::;:.:-:.:!."'~~. 5_:=!":..:"::~~!".Z!'~"'T:=~- . S:-:~~.::::.5:-~~ =~: ,,...o,c,..,.,......,..,,_.-• .,.,.. . ..,_,,,m,....,.. ='::wT.::::. ~.';t;.: :::.:-c--.... , ... Mn.aazi-•,c.,...,.,..,0111:ci:nlf<.._._, ... ,,....,, f.£:]_r, ...... """".'t".~· .. :o::"~~ ~;,. ....... '~?!!t¥~~1f:~ :s:~•=!."c~':t::_.<;::".a:;~!.c,•~,..:,o•" I =•~C~~'=~~~"~'1"g:1~"s"::'J?i.~ ,,111.,~ .............. ,_.._, ....... _ .. i~-g~It~;;.~:~·:i "~~':'!'~a~~·r::..:;-· .. , .,_ ,z. .. .---s,,. .... --,e,-.1u1l...,........_.,,.,n :=";~• ....,..,, .. ,o--a,o.,,...., o,.,._,1 ·- I' UI_,,, UEl,M,. l'\..:C -·"' ....,._....., ITOIV"' ·-~~:-=i:. -• l•Ull'• "f>C 1<0-•" or f>C uu1-1uo ... ..,,~,..,.._.._, .. ...r1,.., ~;:~.:.,~t: .. ~~~.,·~=':'3..:~ ;::~,::;ors,.. .. "-'-""" ............. ,is .... ;-·~·· ..... .._ ... , Cl<>flO...COI. .-ii>!-tl<~H"°" flJI f>C -0.-M•O-~~. =~I~~-;..~,:,; ~ .. ~=1.11..:.• h•[ ='O:.~~~~ ~ !Ul\ l.oct O,p(cnc,,l ,O .. ...: __ ..., __ ------.. ,--111- -----~-.. -.. -----_, .. ,.,;:,(+ ·-.. ~ ~ .. --.. .. .. ~ "'»---~ t-•--.-J • __ __. ... .,,tllU .... ·--..... _,._....,. - 11 1:11 ·1 l..1 EXHIBIT G Tax Abatement Analysis Summary Findings: Using the total market value of the completed development, as summarized below, and the listed abatement rates, the maximum present value is as follows: Stillwater: $2.8 Million Washington County: $1.8 Million City of Stillwater Abatement rate: .45% (estimate) Washington County Abatement rate : .29682% (based on 2019 rate) Market Value, Sq. Ft. and Unit Assumptions Location MktValue Per Unit Bldg sq. ft. Commercial / Retail Grocery $ 60.00 95,716 C-Store $ 150.00 8,700 Retail 1 $ 150.00 6,000 Retail 2 $ 150.00 6,000 Medical Bldg $ 120.00 55,794 Retail Med 3&4 $ 120.00 12,000 Rental Market Rate Rental $120,000 180 ---------------------- units 180 sq. ft. 184,210 Market Value of Completed Development Commercial / Retail Grocery 5,742,960 C-Store 1,305,000 Retail 1 900,000 Retail 2 900,000 Medical Bldg 6,695,280 Retail Med 3&4 1,440,000 Rental 0 Market Rate Rental 21,600,000 ---·----------------- Total Market Value 38,583,240 EXHIBIT H .. ""'---..... ~~::::::::-~ ---....... ..... .ui\;J~~t~~= ><U!O'f0111'"1lnotl:llt'oMl1'1SC.Ut N~ 'dlHSNMOl ~:EliVMll lis SNO~~O:) W~1N38 'tlOll'f)Ol () 0, ' ,,\ ,\ $\8 • ·-----:::====:=:::;~~~ Gmrmumnmmrm1 \ \ (2J I= 111110 = 1111111 110 I : : \ · _ ~l=IIIIIIIIIIIIIIH ID ~ ... \ ~i1;:i: 1 1~i'1 ij 1 1::i jl l I Olilll~\IIIJIJIIIIQ . . . . Ollll i=llllllll!IIIO --.:_ ----....: - - ----- liji I I I• ' I• l :!ll ii II'' ,:111 -·· l V EXHIBIT I PROPERTY OWNER PETITION TO CITY OF STILLWATER FOR ANNEXATION BY ORDINANCE -± 32 Acres IN THE MATTER OF THE PETITION OF CENTRAL COMMONS FOR THE ANNEXATION OF CERTAIN LAND TO THE CITY OF STILLWATER, MINNESOTA PURSUANT TO MINNESOTA STATUTES §414.033, SUBD.2 (3) TO: Council of the City of Stillwater, Minnesota PETITIONER states: All of the property owners in number are required to commence a proceeding under Minnesota Statutes §414.033, Subd.2 (3) It is hereby requested by the of the area proposed for annexation to annex certain property described herein to the City of Stillwater, Washington County, Minnesota. Said property currently lies within the Township of Stillwater. The area proposed for annexation is legally described as follows: Parcel A: All that part of the North 1341.01 feet of the Wl/2 of the NWl/4 of Section 6, Township 29, Range 20, Washington County, Minnesota, lying Southerly of the following described line: Beginning at a point on the West line of said NWl/4 that is 1071.50 feet Southerly of the Northwest corner, thence Northeasterly by a deflection angle to the right of 73° for a distance of 330.0 feet; thence Easterly, parallel to the north line of said NWl/4 for 795 feet, more or less, to the East line of said Wl/2 and there terminating except the South 104.5 feet of said Wl/2 of said NWl/4. Parcel B: All that part of the NW l!,i of the NW l!,i of Section 6, Township 29, Range 20 West, that lies Southerly and Westerly of the Southerly right of way line of Minnesota Trunk Highway No. 36 and Northerly and Westerly of the following described line: Beginning at a point on the West line of said NW l!,i that is 923.00 feet, as measured along said West line, Southerly of the Northwest corner of said Section 6; thence Northeasterly by a deflection angle to the right of 73 ° for a distance of 336.41 feet; thence Southerly, parallel to the West line of said NW V4, for a distance of 148.5 feet; thence Easterly, parallel to the North line of said NW l!,i for a distance of 784. 70 feet more or less to the East line of said NW l!,i of NW l!,i and there terminating, Washington County, Minnesota. 1 Parcel C: All that part of the Southwest 114 of the Northwest 114 and of the Northwest 114 of the Northwest 1/.i of Section 6, Township 29, Range 20 that lies Northerly of the following described line: Commencing at the Southwest comer of the Northwest 114 of said Section 6, thence North 1 degree 14 minutes 50 seconds East, along the West line of said Northwest 114, for 969.67 feet to the point of beginning of the line to be described; thence South 87 degrees 25 minutes 34 seconds East for 1120.72 feet and there terminating except the North 1236.51 feet thereof and also excepting therefrom all that portion of the Southwest 114 of the Northwest 114 of said Section 6, lying West of the Town Road (also known as Manning Avenue North) as it now traverses said Section 6, according to the United States Government Survey thereof and situate in Washington County, Minnesota. Parcel D: All that part of Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4) of Section Six (6), Township Twenty-nine (29), Range Twenty (20), described as follows: Beginning at a point on the West line of said Section 6,923 feet South of the Northwest comer; thence North 73 degrees O minutes East a distance of 330 feet; thence South parallel to the West section line a distance of 148.5 feet; thence South 73 degrees O minutes West a distance of 330 feet to the West line of said Section 6; thence North along the West line a distance of 148.5 feet to the point of beginning. Parcel E: (to be insured herein) All that part of the Northwest Quarter of the Northwest Quarter of Section 6, Township 29, Range 20 West, that lies Southerly and Westerly of the Southerly right-of-way line of Minnesota Trunk Highway No. 36 according to the Final Certificate recorded as Document Number 242072 in Book of Deeds 275, page 497 on file in the office of the County Recorder, Washington County, Minnesota; Together with all that part of the Southwest Quarter of the Northwest Quarter of Section 6, Township 29, Range 20 that lies Northerly of the following described line: Commencing at the Southwest comer of said Southwest Quarter of the Northwest Quarter, thence North O degrees 25 minutes 42 seconds West, assumed bearing, along the West line of said Southwest Quarter of the Northwest Quarter, for a distance of 969 .67 feet to the point of beginning of the line to be described; thence South 86 degrees 36 minutes 18 seconds East for a distance of 1120 .70 feet more or less to the East line of said Southwest Quarter of the Northwest Quarter and said line there terminating, EXCEPTING THEREFROM all that portion of said Southwest Quarter of the Northwest Quarter lying West of the Town Road (also known as Manning Avenue North) as it now traverses said Section 6 and shown on the plat of St. Croix's Sanctuary, according to the recorded plat thereof on file in the office of the County Recorder, Washington County, Minnesota. Abstract Property 2 1. There are two property owners in the area proposed for annexation namely Central Commons, LLC, a Minnesota limited liability company and Central Commons II, LLC, a Minnesota limited liability company 2. Pursuant to Minn. Stat. §414.011, Subd.6, the term "abuts" refers to areas whose boundaries at least touch one another at a single point, including areas whose boundaries would touch but for an intervening roadway or parcel of publicly owned land. 3. The land abuts the City of Stillwater and the area to be annexed is 120 acres or less, and the area to be annexed is not presently served by public wastewater facilities of public wastewater facilities are not otherwise available. 4. Said land is unincorporated, abuts on the City of Still water's South boundary and is not included within any municipality. 5. The area ofland proposed for annexation is approximately 32 acres. 6. The land proposed for annexation is not within a designated floodplain or shoreland area. 7. The reason for the requested annexation is to allow for development of the property. WHEREFORE, PETITIONER REQUESTS: That pursuant to Minnesota Statutes §414.033, Subd.2 (3), the property described herein be annexed to and included within the City of Stillwater, Minnesota. PROPERTY OWNER Dated: -----------Central Commons, LLC By: Its: Dated: -----------Central Commons II, LLC By: Its: 3 2020 Proposed Budget CITY OF STILLWATER August 20, 2019 Budget Calendar May/June -Finance department begins budget process by preparing projected wages & benefits, and insurance costs. June 12–Finance Department distributes CIP (2020-2024) information for updating. Budget guidelines along with budget worksheets are distributed to Department Heads/Managers for completion. July 3 –Completed budget worksheets are due to Finance. The Finance Department assembles the preliminary requested budget information. July 9 –August 13 –City Administrator reviews requested budget with Department Heads/Managers and finance prepares proposed budget. August 14 –Finance distributes proposed budget to Department Heads/Managers and City Council August 20 -Council, during a budget workshop session, meets with the City Administrator and Department Heads to review the proposed budget. End of August –County distributes estimated Local Taxable Value & Fiscal Disparity information. September 3 –Review updated proposed budget information. (if needed) September 17 –The latest the Council can adopt a proposed budget, a proposed levy and set the T-N-T Meeting date in December. Budget Factors Proposed 2020 $99,000 Increase/Decrease in Operating Expenditures 1% of Levy 1% Increase/Decrease in Health Insurance Premium $9,200 Retiree Health Insurance 8% of the Levy Library Operating Levy 13% of the levy Personnel Costs 77% of the Levy Costs to continue 4.21% Operating Expenditure Assumptions Proposed 2020 Wages 3.0% in COLA Health Insurance –City Contribution 2.9% decrease for single coverage and retiree coverage $20 increase for family coverage PERA Police & Fire Increase from 16.95% to 17.7% FICA/Medicare No change General Liability &Worker’s Compensation Insurance 4% increase Strategic Plan Alignment of 2020 Proposed Budget Items DEVELOP ORGANIZATION Operations & Staffing Requests Current Staffing Levels -continued support Personnel Proposals GIS/IT Technician (start July 1) Patrol Officer Accountant (.75 FTE) Environmental Technician (start April 1) Succession/Transition Planning Leadership Development & Staff Training Professional Services Operation Review –Police Department Branding/Logo Consultant Strategic Plan Alignment of 2020 Proposed Budget Items (Continued) STRATEGIC PLANNING AND IMPLEMENTATION Council/Staff Strategic Planning Session -facilitator Develop Legislative Priorities –funding and policy requests Capital Requests Bridgeview Park Historic Bergstein Buildings Restoration Parks Maintenance/Improvements Street & Sidewalk Improvement Program IT Upgrades Strategic Plan Alignment of 2020 Proposed Budget Items (Continued) DEVELOP COMMUNITY Economic Development Downtown Redevelopment, Housing & Business Development strategies Comprehensive Plan –Ordinance Amendments Public Works Ops Review -Implementation Trails & Stairs Improvements Green Step Cities work plan (sustainable practices) Entrance Monument –Hwy 95 Design & Construction Chestnut Street Plaza and Downtown Streetscape Design Parks Planning Aiple Property & Bergstein Buildings Community Thread DARTS Bus Loop Transit support Special Events Funding July 4th Celebration, Bridge Opening Celebration –May 15 Property Tax Levy Proposed 2020 vs Adopted 2019 2019 Adopted CITY-WIDE LEVY 2020 Requested 2020 Proposed $ Increase % Increase $9,914,425 General Operating Tax Levy $11,703,580 $10,547,146 $632,721 6.382% $3,773,801 Debt Service Tax Levy $4,008,676 $4,008,676 $234,875 6.224% $13,688,226 Totals $15,712,256 $14,555,822 $867,596 6.338% 2019 Adopted PARCEL -SPECIFIC LEVY 2020 Requested 2020 Proposed $ Increase % Increase $41,500 WMO Tax Levy $43,938 $43,938 $2,438 5.87% Property Tax Levy Proposed 2020 CITY-WIDE LEVY General Revenue Tax Levy $10,547,146 Required Debt Service Tax Levy $3,608,676 New Debt Service Tax Levy $400,000 Total Debt Service Levy $4,008,676 TOTAL CITY-WIDE LEVY $14,555,820 Required Debt Service Tax Levy Amount G.O. Capital Outlay 2012A $375,220 G.O. Capital Outlay 2014A $711,418 G.O. Capital Outlay 2014 (Armory)$85,000 G.O.Capital Outlay 2016A $823,883 G.O. Capital Outlay 2017A $401,696 G.O. Capital Outlay 2009D $311,128 G.O. Capital Outlay 2018A $486,431 G.O. Capital Outlay 2019A $413,900 Total $3,608,676 2020 New Bond Issue to fund: 2020 Capital Outlay $3,000,000 2020 Street Improvement Project $400,000 Total $3,400,000 PARCEL -SPECIFIC LEVY WMO Levy $43,938 Property Tax Levy Last 5 years and Proposed 2020* Year General Tax Levy Debt Service Tax Levy Total Property Tax Levy $ Increase from Prior Year % Increase from Prior Year 2015 $7,825,610 $3,514,043 $11,339,653 $714,667 6.726% 2016 $8,365,422 $3,665,145 $12,030,567 $690,914 6.093% 2017 $8,857,823 $3,674,616 $12,532,439 $501,872 4.172% 2018 $9,379,459 $3,437,356 $12,816,815 $284,376 2.269% 2019 $9,914,425 $3,773,801 $13,688,226 $871,411 6.799% 2020*$10,547,146 $4,008,676 $14,555,822 $867,596 6.338%$0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 2015 2016 2017 2018 2019 2020* General Tax Levy Debt Service Tax Levy Property Tax Rate Proposed 2020 Note:Valuation numbers and fiscal disparity numbers are estimates with the following assumptions made: Assumptions 7% increase in the City’s Taxable Tax Capacity. 9.5% increase in the Fiscal Disparity Portion of Levy. Formula: Total City Property Tax Levy ÷ City’s Taxable Tax Capacity = City Tax Rate Item Actual Pay 2019 Proposed Pay 2020 % Change Property Tax Levy $13,688,226 $14,555,822 6.338% Fiscal Disparity Portion of Levy -$1,354,022 $1,482,654 9.500% City’s Portion of Levy =$12,334,204 $13,073,168 5.991% City’s Taxable Tax Capacity ÷ 22,719,749 $24,310,131 7.000% City Tax Rate =54.288%53.777%-0.941% Property Tax Rate Last Ten Years and Estimated 2020* 0.000% 10.000% 20.000% 30.000% 40.000% 50.000% 60.000% 70.000% 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020* Year Rate 2010 49.432% 2011 52.539% 2012 54.674% 2013 61.503% 2014 58.216% 2015 54.916% 2016 56.996% 2017 56.927% 2018 53.421% 2019 54.288% 2020*53.777% Tax Impact 2020 Proposed Actual Payable 2019 Proposed Payable 2020 From 2019 to 2020 Market Value Tax Capacity Actual City Tax Rate City Property Tax Taxable Market Value Tax Capacity Proposed City Tax Rate City Property Tax $ Change % Change 289,300*2,781 54.288%$1,509.76 309,600 3,002 53.777%$1,614.37 $104.61 6.9% 93,500 647 54.288%$351.25 100,000 718 53.777%$386.12 $34.87 9.9% 140,200 1,156 54.288%627.57 150,000 1,263 53.777%679.20 $51.62 8.2% 233,600 2,174 54.288%$1,180.23 250,000 2,353 53.777%$1,265.36 $85.13 7.2% 373,800 3,600 54.288%$2,009.76 400,000 3,988 53.777%$2,144.61 $134.85 6.7% Assumptions 7% increase in Market Value from 2019 to 2020 Information is based on Residential Homestead Properties Market Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature. Formula: Tax Capacity x City Tax Rate = City Property Tax * Median Value Home in Stillwater Debt Service Balance (as of January 1) Last Nine Years and budget year 2020 $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,000 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 GO Capital Outlay Bonds GO Improvement Bonds GO Revenue Bonds GO Tax Increment Bonds Revenue Bonds Actual Debt Service Balance by Type Does not include Bond Issuance in Progress or any future Proposed Bond Issuances Year GO Capital Outlay Bonds GO Improvement Bonds GO Revenue Bonds GO Tax Increment Bonds Revenue Bonds Other Long-Term Debt 2011 $16,605,000 $2,750,000 $2,660,000 $5,015,000 $0 $267,500 2012 $14,385,000 $2,375,000 $2,355,000 $4,910,000 $0 $127,500 2013 $18,645,000 $2,000,000 $2,135,000 $4,790,000 $0 $42,500 2014 $25,945,000 $0 $2,075,000 $4,655,000 $0 $0 2015 $23,835,000 $0 $1,755,000 $4,500,000 $0 $0 2016 $25,135,000 $0 $1,420,000 $6,775,000 $0 $0 2017 $21,655,000 $0 $1,065,000 $6,585,000 $6,585,000 $0 2018 $21,755,000 $0 $695,000 $6,375,000 $6,175,000 $0 2019 $25,425,000 $0 $315,000 6,150,000 $5,790,000 $0 2020 $22,845,000 $0 $160,000 2,450,000 $5,395,000 $0 Bond Rating (Moody’s) Last 10 Years Year Rating Year Rating 2019 Aa2 2013 Aa2 2018 Aa2 2012 Aa2 2017 Aa2 2010 Aa2 2016 Aa2 2009 Aa3 2014 Aa2 2008 Aa3 Aaa... - Aa1 - Aa2 - Aa3 - A1 - A2 - A3 - Baa1 - Baa2 - Baa3 - ...C Highest - Lowest Current (2019) Bond Rating CONSULTING FEES 2020 Operating Budget Department Purpose Requested Proposed Discussion Mayor/Council Lobbyist $25,000 $25,000 High Priority Mayor/Council Strat Plan Facilitator/Brand $10,000 $10,000 High Priority Mayor/Council Economic Development $10,000 $10,000 High Priority Administration PD Organizational Review $40,000 $20,000 Priority –fund over 2 years Community Development Comp Plan Ordinance Amendments $25,000 $15,000 $10,000 funded in 2019 Community Development Rec Center Master Plan $25,000 $25,000 Priority –fund through Rec Center Operations (non-levy) Community Development HPC Matching Funds $5,000 $5,000 Priority Engineering Prairie Park Plan $20,000 $10,000 Priority –revised cost estimate MIS Enterprise-wide software analysis $15,000 $0 Conduct internal analysis of existing financial software capacity during 2020 TOTALS $175,000 $120,000*$95,000 Levy Impact *Proposed Amount –.95% Increase in Operating Levy New/Modified Positions Requested/Proposed Department Position Priority FTE Requested Proposed Notes MIS GIS/IT Technician High 1.0 $76,879 $34,601 Push Start Date to 07/01/20 Finance Accountant Critical 1.0 $83,646 $59,929 Reduce to .75 FTE Position Inspections Admin Assistant/Scanner Critical 1.0 $28,741 $14,371 Reduce to .5 LTE Position Police Police Officer High 1.0 $104,511 $104,511 Police Police Officer High 1.0 $104,511 $0 Police Police Officer High 1.0 $104,511 $0 Police Police Officer High 1.0 $104,511 $0 Fire Data Specialist High 0.25 $17,912 $0 Increase to 1.0 FTE Fire Firefighter Critical 1.0 $87,604 $0 Parks Maintenance Worker II High 1.0 $54,726 $0 To Start 04/01/19 Parks Park & Rec Manager Critical 1.0 $80,032 $0 To Start 04/01/19 Storm Sewer Environmental Tech Critical 1.0 $60,213 $60,213 To Start 04/01/19 TOTALS 11.25 $907,797 $273,625 LEVY IMPACT $847,584 $213,412 GENERAL FUND OPERATING REVENUES/EXPENDITURES 2019 Adopted Revenue Type 2020 Requested 2020 Proposed Variance $7,581,032 Levy $9,137,362 $8,197,671 $616,639 $468,000 Franchise Fees $470,000 $470,000 $2,000 $126,000 Other Property Taxes $119,000 $119,000 -$7,000 $731,830 Licenses and Permits $751,005 $751,005 $19,175 $1,384,370 Intergovernmental $1,387,923 $1,397,923 $13,553 $1,102,233 Charges for Services $1,173,250 $1,208,750 $106,517 $73,500 Fines and Forfeits $83,500 $83,500 $10,000 $164,950 Miscellaneous $158,450 $158,450 -$6,500 $11,631,915 Total Revenues $13,280,490 $12,386,299 $754,384 66%4% 1% 6% 11% 10% 1%1% 2020 Proposed Budget Levy Franchise Fees Other Property Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Miscellaneous GENERAL FUND Operating Revenues $793,923 in Local Government Aid (LGA) $57,427 increase. Local Government Aid (LGA) Received in last 10 years and Certified 2020* $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020* Year Amount 2010 $174,580 2011 $174,580 2012 $174,580 2013 $174,580 2014 $568,591 2015 $629,046 2016 $645,603 2017 $650,846 2018 $732,114 2019 $736,496 2020*$793,923 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $8,971,800 Personnel Services $10,402,802 $9,660,311 $688,511 $437,585 Supplies $482,033 $463,033 $25,448 $2,057,920 Services and Charges $2,215,055 $2,097,355 $39,435 $164,110 Miscellaneous $180,600 $165,600 $1,490 $11,631,415 Total Operating Expenditures $13,280,490 $12,386,299 $754,884 GENERAL FUND Total $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 2019 Adopted 2020 Requested 20209 Proposed Operating Expenditures Personnel Services Supplies Services and Charges Miscellaneous 2020 Budget Impacts 6.49% proposed increase in operating expenditures 78% 4% 17% 1% Personnel Services Supplies Services & Charges Miscellaneous 2020 Proposed Operating Expenditures 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $94,694 Personnel Services $93,193 $89,941 -$4,753 5.0 Part -Time (Benefitted)5.0 5.0 0.0 $98,069 Services and Charges $76,302 $76,302 -$21,767 $27,900 Miscellaneous $41,400 $41,400 $13,500 $220,663 Total Mayor & City Council $210,895 $207,643 -$13,020 2020 Budget Impacts Services and Charges $25,000 -Stillwater Township Reduction of $23,000 from 2019 Per Orderly Annexation Agreement (Year 5 of 5) $25,000 –Lobbyist $10,000 –Strategic Plan & Branding -Strategic Planning and Implementation –Strategic Plan Element GENERAL FUND Mayor & City Council $0 $50,000 $100,000 $150,000 $200,000 $250,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Miscellaneous Services and Charges Personnel Services 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $0 Personnel Services $34,000 $34,000 $34,000 $0 Supplies $3,000 $3,000 $3,000 $6,244 Services and Charges $9,392 $9,392 $3,148 $0 Miscellaneous $0 $0 $0 $6,244 Total Elections $46,392 $46,392 $40,148 2020 Budget Impacts 2020 is an election year –3 elections Spring Presidential primary costs reimbursed by state GENERAL FUND Elections $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Personnel Services Supplies Services and Charges Miscellaneous 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $308,110 Personnel Services $385,610 $341,928 $33,818 2.8 FTEs (Benefitted)3.7 3.7 1.0 $8,600 Supplies $8,200 $8,200 -$400 $75,891 Services and Charges $86,892 $71,892 -$3,999 $500 Miscellaneous $0 $0 -$500 $393,101 Total MIS $480,702 $422,020 $28,919 2020 Budget Impacts Personnel Services Add 1.0 FTE GIS/IT Technician position -start July 1; Develop Organizational Excellence –Strategic Plan element GENERAL FUND MIS $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Miscellaneous Services and Charges Supplies Personnel Services 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $374,367 Personnel Services $450,738 $426,362 $51,995 3.65 FTEs (Benefitted)4.25 4.00 0.35 $3,000 Supplies $3,200 $3,200 $200 $84,579 Services and Charges $88,571 $88,571 $3,992 $2,300 Miscellaneous $2,300 $2,300 $0 $464,246 Total Finance $544,809 $520,433 $56,187 2020 Budget Impacts Personnel Services Add .75 FTE Accountant Position -Develop Organizational Excellence –Strategic Plan element GENERAL FUND Finance $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Personnel Services Supplies Services and Charges Miscellaneous GENERAL FUND Human Resources 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $173,245 Personnel Services $223,815 $222,169 $48,924 2.15 FTEs (Benefitted)2.15 2.15 0 $900 Supplies $900 $900 $0 $42,429 Services and Charges $42,906 $42,906 $477 $1,910 Miscellaneous $2,100 $2,100 $190 $218,484 Total Human Resources $269,721 $268,075 $49,591 $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Personnel Services Supplies Services and Charges Miscellaneous 2020 Budget Impacts Personnel Services Impact of full year salary for additional 2019 position. 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $430,554 Personnel Services $445,807 $442,800 $12,246 3.6 FTEs (Benefitted)3.75 3.75 0.15 1.0 Part-Time (Non-Benefitted)1.0 1.0 0.0 $4,750 Supplies $5,750 $5,750 $1,000 $197,147 Services and Charges $210,050 $190,850 -$6,297 $3,900 Miscellaneous $4,000 $4,000 $100 $636,351 Total Administration $665,607 $643,400 $7,049 2020 Budget Impacts Service and Charges $117,300 –Assessing Services (contract with Washington County) $20,000 –Operational Review (Police Department) –Develop Organizational Excellence –Strategic Plan Element GENERAL FUND Administration $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Personnel Services Supplies Services and Charges Miscellaneous 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $0 Personnel Services $0 $0 $0 0.0 Part -Time (Benefitted)0.0 0.0 0.0 $0 Supplies $0 $0 $0 $196,111 Services and Charges $190,765 $190,765 -$5,346 $196,111 Total Legal $190,765 $190,765 -$5,346 GENERAL FUND Legal $0 $50,000 $100,000 $150,000 $200,000 $250,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Personnel Services Supplies Services and Charges 2020 Budget Impacts Service and Charges Year 2 of 3 year legal services contracts (Civil and Prosecution) 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $110,831 Personnel Services $115,670 $115,670 $4,839 1.5 FTEs (Benefitted)1.0 1.0 -0.5 $11,250 Supplies $28,733 $20,733 $9,483 $119,449 Services and Charges $186,949 $184,949 $65,500 $1,000 Miscellaneous $1,500 $1,500 $500 $242,530 Total Plant/City Hall $332,852 $322,852 $80,322 GENERAL FUND Plant/City Hall $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Personnel Services Supplies Services and Charges Miscellaneous 2020 Budget Impacts Service and Charges Contract for private sector housekeeping @ city hall, public works and parking ramp Increase in deferred maintenance costs -Develop Community –Strategic Plan element 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $393,655 Personnel Services $410,767 $407,515 $13,860 3.75 FTEs (Benefitted)4.0 4.0 0.25 $2,400 Supplies $2,650 $2,650 $250 $75,268 Services and Charges $69,675 $34,675 -$40,593 $5,700 Miscellaneous $7,400 $7,400 $1,700 $477,023 Total Community Development $490,492 $452,240 -$24,783 2020 Budget Impacts Services and Charges $15,000 –Comp Plan Ordinance Amendments -Develop Community –Strategic Plan element GENERAL FUND Community Development $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Personnel Services Supplies Services and Charges Miscellaneous 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $3,165,170 Personnel Services $3,793,619 $3,443,386 $278,216 26.0 FTEs (Benefitted)30.0 27.00 0.0 3.0 Seasonal Positions 3.0 3.0 0.0 $69,800 Supplies $72,800 $72,800 $3,000 $309,408 Services and Charges $355,148 $353,148 $43,740 $22,750 Miscellaneous $21,750 $21,750 -$1,000 $3,567,128 Total Police $4,243,317 $3,891,084 $323,956 GENERAL FUND Police $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Personnel Services Supplies Services and Charges Miscellaneous 2020 Budget Impacts Personnel Services Add 1.0 FTE Patrol Officer Position -Develop Organizational Excellence –Strategic Plan element 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $1,632,681 Personnel Services $1,880,859 $1,761,965 $129,284 11.75 FTEs (Benefitted)13.0 11.75 0.0 30.0 Part-Time (Non-Benefitted)30.0 30.0 0.0 $47,300 Supplies $49,300 $48,300 $1,000 $298,045 Services and Charges $326,513 $326,513 $28,468 $10,500 Miscellaneous $10,500 $10,500 $0 $1,988,526 Total Fire $2,267,172 $2,147,278 $158,752 GENERAL FUND Fire $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Personnel Services Supplies Services and Charges Miscellaneous 2020 Budget Impacts Personnel Services Duty Crew “paid on-call fire fighters” proposal to support staffing needs - Develop Organizational Excellence –Strategic Plan element. 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $373,437 Personnel Services $437,460 $405,456 $32,019 4.0 FTEs (Benefitted)4.0 4.0 0.0 0.0 LTEs 1.0 0.5 0.5 $9,300 Supplies $10,200 $10,200 $900 $49,382 Services and Charges $57,468 $57,468 $8,086 $1,250 Miscellaneous $1,250 $1,250 $0 $433,369 Total Inspections $506,378 $474,374 $41,005 GENERAL FUND Inspections (Building) $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Personnel Services Supplies Services and Charges Miscellaneous 2020 Budget Impacts Personnel Services Add .5 LTE Adm. Assistant intern position 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $500 Supplies $500 $500 $0 $870 Services and Charges $880 $880 $10 $2,500 Miscellaneous $2,500 $2,500 $0 $3,870 Total Emergency Management $3,880 $3,880 $10 GENERAL FUND Emergency Management $0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500 $4,000 $4,500 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Supplies Services and Charges Miscellaneous 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $356,256 Personnel Services $387,643 $383,984 $27,728 3.25 FTEs (Benefitted)3.75 3.75 0.5 1.0 Seasonal Positions 1.0 1.0 0.0 $4,500 Supplies $5,700 $5,700 $1,200 $63,896 Services and Charges $22,354 $22,354 -$41,542 $2,000 Miscellaneous $2,000 $2,000 $0 $426,652 Total Engineering $417,697 $414,038 -$12,614 GENERAL FUND Engineering $320,000 $340,000 $360,000 $380,000 $400,000 $420,000 $440,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Personnel Services Supplies Services and Charges Miscellaneous 2020 Budget Impacts Service and Charges Reduction in consulting services. 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $650,230 Personnel Services $690,269 $689,884 $39,654 6.75 FTEs (Benefitted)6.75 6.75 0.0 4.0 Seasonal Positions 4.0 4.0 0.0 $275,285 Supplies $291,100 $281,100 $5,815 $238,032 Services and Charges $286,690 $244,190 $6,158 $10,300 Miscellaneous $25,300 $20,300 $10,000 $1,173,847 Total Streets $1,293,359 $1,235,474 $61,627 GENERAL FUND Streets $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Personnel Services Supplies Services and Charges Miscellaneous 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $908,570 Retirees Health Insurance $1,047,265 $895,251 -$13,319 $203,100 Services and Charges $204,500 $202,500 -$600 $5,000 DARTS Bus Loop $5,000 $5,000 $0 $5,000 WaCo Historical Society $5,000 $5,000 $0 $16,000 Community Thread $16,000 $16,000 $0 $10,500 Youth Service Bureau $12,000 $11,000 $500 $71,600 Miscellaneous $57,100 $47,100 -$24,500 $1,183,270 Total Unallocated $1,308,865 $1,144,851 -$38,419 GENERAL FUND Unallocated $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Miscellaneous Services and Charges Retiree Health Insurance 2020 Budget Impacts -Retiree Health Insurance –8% of levy. -Washington County Historical Society Capital Campaign request -$250,000 over 5 years, no proposed funding. Retiree Health Insurance Actual/Budget cost to City for Last 9 Years and Proposed 2020* $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 2011 2012 2013 2014 2015 2016 2017 2018 2019*2020* * Budget Numbers 2020 Budget Impacts Retiree Health Insurance 8% of Levy SPECIAL REVENUE FUNDS OPERATING REVENUES/EXPENDITURES 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $2,980 Services and Charges $2,800 $2,800 -$180 $8,700 Miscellaneous $9,200 $9,200 $500 $46,000 Fireworks $48,800 $48,800 $2,800 $15,000 Bridge Opening Festival $15,000 $15,000 $0 $72,680 Total Expenditures $75,800 $75,800 $3,120 SPECIAL REVENUE FUND Special Events $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Services and Charges Miscellaneous Bridge Opeing Festival Fireworks 2019 Adopted Revenue Type 2020 Requested 2020 Proposed Variance $48,000 Property Taxes $48,000 $48,000 $0 $10,000 Donations $13,000 $13,000 $0 $58,000 Total Revenues $61,000 $61,000 $3,000 2020 Budget Impacts Planned use of Fund Balance for Bridge Opening Festival 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $232,000 Supplies $231,500 $231,500 -$500 $1,228,332 Services and Charges $1,282,164 $1,307,164 $78,832 $17,500 Miscellaneous $17,500 $17,500 $0 $171,457 Debt Service Contribution $168,622 $168,622 -$2,835 $1,649,289 Total Expenditures $1,699,786 $1,724,786 $75,497 SPECIAL REVENUE FUND St Croix Valley Recreation Center $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 $2,000,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Supplies Services and Charges Miscellaneous Debt Service 2019 Adopted Revenue Type 2020 Requested 2020 Proposed Variance $1,630,450 Charges for Services $1,754,700 $1,754,700 $124,250 $18,310 St Croix Soccer Club $30,000 $30,000 $11,690 $1,648,760 Total Revenues $1,784,700 $1,784,700 $135,940 $0 $50,000 $100,000 $150,000 $200,000 $250,000 Debt Service Contribution 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $1,083,378 Personnel Services $1,162,576 $1,162,576 $79,198 $113,659 Supplies $118,030 $108,256 -$5,403 $193,380 Services and Charges $228,979 $210,471 $17,091 $4,925 Miscellaneous $4,925 $4,517 -$408 $1,395,342 Total Expenditures $1,514,510 $1,485,820 $90,478 SPECIAL REVENUE FUND Library $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Personnel Services Supplies Services and Charges Miscellaneous 2019 Adopted Revenue Type 2020 Requested 2020 Proposed Variance $1,288,770 Property Taxes $1,381,890 $1,353,200 $64,430 $82,200 Services and Charges $120,200 $120,200 $38,000 $24,372 Miscellaneous $12,420 $12,420 -$11,952 $1,395,342 Total Revenues $1,514,510 $1,485,820 $90,478 $0 $500,000 $1,000,000 $1,500,000 2015 2016 2017 2018 2019 2020 Property Taxes Add'l MOE2020 Budget Impacts 5% increase in property taxes (2019 Adopted vs 2020 Proposed) 2020 Maintenance of Effort (MOE) requirement = $852,617 SPECIAL REVENUE FUND Library (Continued) Funds Held by City for Library Spending Restrictions Use Restrictions Principal Amount Fund Balance 12/31/18 Spendable Balance 2020 Budget Revenues 2020 Budget Expenditures Minerva Income Materials $23,860 $24,697 $837 $150 $150 McCluer-Webster Interest Materials $10,000 $10,492 $492 $75 $75 Hollis Murdock Interest Materials $1,800 $1,870 $70 $15 $15 Personnel (Sunday) Grant $0 $118 $118 $11,633 $11,633 Helen Lawson*Income Service to Public $0 $49,738 $49,738 $10,000 $10,000 Dr Van Meier Interest Medical Materials $1,571 $1,297 -$274 $12 $12 Government Gifts Unrestricted $0 $11,774 $11,774 $5,000 $5,000 Stillwater Public Library Foundation $0 $614 $614 $35,000 $35,000 Kilty Building Maint $50,000 $50,529 $20 $20 Miscellaneous Donations (see next slide)$0 $15,419 $15,419 $3,000 $3,000 TOTAL $87,231 $166,546 $64,905 $64,905 SPECIAL REVENUE FUND Library (Continued) Other Library Donors include: Athena Margaret Rivers Alice O’Brien Estate Small Donations Friends of the Stillwater Public Library Stillwater Public Library Foundation 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $659,122 Personnel Services $723,352 $588,212 -$70,910 7.25 FTEs (Benefitted)7.75 5.75 -1.5 4.0 Seasonal Positions 4.0 4.0 0.0 $118,600 Supplies $127,700 $120,700 $2,100 $204,701 Services and Charges $261,063 $218,063 $13,362 $35,500 Miscellaneous $50,300 $41,300 $5,800 $1,017,923 Total Expenditures $1,162,415 $968,275 -$49,648 SPECIAL REVENUE FUND Parks $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Personnel Services Supplies Services and Charges Miscellaneous 2019 Adopted Revenue Type 2020 Requested 2020 Proposed Variance $981,623 Property Taxes $1,127,415 $933,275 -$48,348 $1,300 Licenses and Permits $0 $0 -$1,300 $28,000 Services and Charges $35,000 $35,000 $7,000 $7,000 Miscellaneous $0 $0 -$7,000 $1,017,923 Total Revenues $1,162,415 $968,275 -$49,648 2020 Budget Impacts $10,000 –Prairie Park $10,000 –Emerald Ash Borer Treatment $25,000 –Tree Removal 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $15,000 Supplies $15,000 $15,000 $0 $15,000 Total Expenditures $15,000 $15,000 $0 SPECIAL REVENUE FUND Community Beautification $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Supplies 2019 Adopted Revenue Type 2020 Requested 2020 Proposed Variance $15,000 Property Taxes $15,000 $15,000 $0 2020 Budget Impacts Per Resolution #2011-07, dated January 4, 2011 – requires a minimum $15,000 budget allotment. 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $23,644 Services and Charges $19,644 $19,644 -$4,000 $11,526 Miscellaneous $15,616 $15,616 $4,090 $35,170 Total Expenditures $35,260 $35,260 $90 SPECIAL REVENUE FUND Washington County Recycling Grant $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Services and Charges Miscellaneous 2019 Adopted Revenue Type 2020 Requested 2020 Proposed Variance $35,170 Intergovernmental $35,260 $35,260 $90 2019 Adopted Expenditure Type 2020 Requested 2020 Proposed Variance $17,660 Personnel Services $20,900 $19,180 $1,520 .25 FTEs (Benefitted).25 .25 0.0 $37 Services and Charges $42 $42 $5 $218,500 Lodging Tax Disbursements $190,000 $190,000 -$28,500 $236,197 Total Expenditures $210,942 $209,222 $26,975 SPECIAL REVENUE FUND Lodging Tax $0 $50,000 $100,000 $150,000 $200,000 $250,000 2019 Adopted 2020 Requested 2020 Proposed Operating Expenditures Lodging Tax Disbursements Service and Charges Personnel Services 2019 Adopted Revenue Type 2020 Requested 2020 Proposed Variance $230,000 Intergovernmental $200,000 $200,000 -$30,000 Capital Outlay –Funded with GO Debt Computer Purchases over $500/All Other Purchases $1,000 or more with a useful life of 1 year or more. 2020 Requested 2020 Proposed General Fund Mayor & City Council $1,000 $1,000 Elections $10,000 $10,000 MIS $97,400 $97,400 Finance $900 $900 Human Resources $1,800 $1,800 Administration $4,200 $4,200 Plant/City Hall $455,100 $230,100 Community Development $40,350 $40,350 Police $235,767 $227,700 Fire $647,200 $497,200 Emergency Management $125,000 $0 Building Inspections $2,900 $2,900 Engineering $28,900 $28,900 Streets $385,400 $385,400 Total General Fund $2,035,917 $1,527,850 St Croix Valley Recreation Center $574,700 $379,700 Library $113,100 $95,000 Parks $272,900 $272,900 Sanitary Sewer $628,100 $628,100 TOTAL $4,692,617 $2,903,550 $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 2020 Requested 2020 Proposed General Fund SCVRC Library Parks Sanitary Sewer Proposed Street Projects And Funding Sources 2020 Proposed Street Improvement Projects Bond Proceeds TAF State Aid Washington County Special Assessments Storm Sewer Sanitary Sewer Unfunded Total Cost 2020 Annual Street Improvement Project $200,000 $400,000 $1,800,000 $2,400,000 Neal Avenue Improvement $650,000 $650,000 $325,000 $150,000 $125,000 $1,900,000 CASH 5 Brick Street to Sycamore $300,000 $1,730,000 $300,000 $70,000 $2,400,000 TOTAL $200,000 $650,000 $1,350,000 $1,730,000 $2,425,000 $150,000 $70,000 $125,000 $6,700,000 Capital Improvement Plan -Strategic Plan Element Other Proposed Projects 2020 Proposed Other Projects Annual GO Debt Total Cost Aiple Property Park Improvement $75,000 $75,000 Downtown Streetscape Improvements $100,000 $100,000 Entrance Monument $100,000 $100,000 Water Street Elevated Walk $30,000 $30,000 Downtown Step Replacement $250,000 $250,000 Union Alley Garbage & Recycling Enclosures $20,000 $20,000 TOTAL $575,000 $575,000 Capital Improvement Plan -Strategic Plan Element ENTERPRISE FUNDS Sanitary Sewer Fund Rate Study Recommendations –Rate increase options Long Term Forecasting –rate increase to fund operating costs (including Met Council increases), capital costs, repay interfund loans and replenish reserves. Storm Sewer Fund Currently financially sound Signs & Lighting Fund Revenues slightly above expenditures Continue to Monitor Yearly ENTERPRISE FUNDS (Continued) Parking Fund Monitored by Parking Commission Currently fund able to fund: Operating Expenses Capital Expenses Parking Ramp Fund Monitored by Parking Commission Currently able to fund: Operating Expenses Need to begin setting aside reserves Major replacement/capital items youth service bureau City of Stillwater Helping youth and families learn the skills they need to be more successful at home. in school and throughout the community www.ysb.net RECEIVED Attn: J. Thomas McCarty, City Administrator 216 North Fourth Street MAY 3 0 2019 City of Stillwater Administration Stillwater, MN 55082 Dear Tom, Thank you for the City of Stillwater's past support of Youth Service Bureau's (YSB) mission to help youth and families learn the skills they need to be more successful at home, in school and throughout the community. In 2019, your contribution to YSB was $10,500. Like all nonprofit organizations, our cost of doing business (salaries, rent, benefits, etc.) increases each year. Please consider increasing your contribution to $12,000 to help defray those costs and keep the best possible staff employed at YSB. For 43 years, YSB has pursued our goal to give youth and families the support they need at the first sign of challenges; early intervention helps avoid significant future consequences and costs, benefitting youth and the communities that they live in. By accessing YSB's youth-focused family counseling services, diversion programs, chemical health support and parent education, youth and families are better equipped to handle life's challenges and learn from their mistakes. YSB's programs are based on promoting prevention and early intervention strategies. When help is needed, early and immediate interventions support better learning and increase positive outcomes. YSB's program Areas: • Youth-Focused Family Counseling (Mental Health) services help youth who are just beginning to struggle with challenges in their lives and provides support to parents and caregivers. 77% of parents have indicated that their child's issues were resolved or manageable in follow-up of closed cases. • School-Based Chemical Health specialists are a critical resource for students, families and school staff. We provide direct student support services and prevention services. 80% of youth have indicated an increased resilience to chemical use. • Diversion Programs are early-intervention programs that hold youth accountable for inappropriate actions, such as theft, curfew violation, fighting, and chemical use, without creating a juvenile record. YSB involves parents and caregivers in the process, giving families needed support. 84% of youth completing our programs have not reoffended in the following 12 months. • Youth and Family Education program provides current, relevant, and supportive information to families and the wider community. We also provide schools with staff and classroom presentations to educate them about anxiety, chemical use, and social media use. 98% of respondents from 92 community and 158 school-based presentations indicated that the content was good or great and useful or very useful. Referrals to all our services are welcome from anyone concerned about a youth's behaviors, choices and/or mental health. This includes parents, teachers, school administrators, social workers, school officer liaisons, and youth themselves. Washington County Police and Court referrals are common for YSB's Diversion services for situations involving law enforcement. COTTAGE GROVE 7064 W. Point Douglas Road Suite #201 Cottage Grove MN 55016 651-458-5224 STILLWATER Washington County Historic Courthouse 101 Pine Street West Stillwater. MN 55082 651-439-8800 WOODBURY 7876 Hudson Road. Suite #1 Woodbury, MN 55125 651-735-9534 Last year, YSB provided over 8000 hours of services to over 14,000 youth and families through YSB's program areas to make a real difference in their lives by improving school performance and healthy outcomes, reducing truancy and court costs, educating youth and parents, and providing needed social services. With support from our municipal and community partners, donors and volunteers, YSB ensures that families never have to face life's challenges alone. Working together we show that when young people and their families are provided accurate information and effective support, they can make better choices, improving their lives and benefitting the entire community. If you would like to schedule a short presentation about our work in the community at an upcoming City Council meeting, please contact Barbara Ohs at 651-439-8800. Thank you for your past support in finding local solutions that help youth and their families make better choices and have brighter futures. We appreciate your consideration of our request and look forward to your response. Sincerely, Robert T. Sherman, Jr. Executive Director 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES July 30, 2019 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:05 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty Attorney Peter Mikhail Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Provos City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Stillwater High School Boys Golf Team State Champion Golfer Brock Winter Mayor Kozlowski read a proclamation designating July 31, 2019 Brock Winter Day. He congratulated SAHS Senior Brock Winter on his accomplishments as the Class AAA Individual State Golf Champion, the first in Stillwater history. Mr. Winter expressed his appreciation. Community Thread Budget Request – Sally Anderson, Executive Director Sally Anderson, Community Thread Executive Director, reviewed the nonprofit’s impact and future plans. She requested a general operating grant of $16,000 for 2020. Youth Service Bureau Budget Request – Robert Sherman, Executive Director There was no representative from the Youth Service Bureau in attendance. Washington County Historical Society Budget Request – Brent Peterson, Executive Director Brent Peterson, Washington County Historical Society Executive Director, requested an operating grant of $5,000 for 2020, and a capital funding grant of $250,000 over five years to help create the Washington County Heritage Center on South Greeley Street. He explained the Society’s programs and plans for the Heritage Center. Councilmember Junker asked if the old Warden’s House will be closed; and Mr. Peterson replied that when the new facility is opened, the Wardens House may be closed for a year to do repairs and clean‐up. City Council Meeting July 30, 2019 Page 2 of 4 Comprehensive Financial Report Audit Review – Chris Knopik, ClifftonLarsonAllen Chris Knopik, ClifftonLarsonAllen, presented the 2018 audit, which revealed no findings or compliance issues. OPEN FORUM Mary Russell, 921 North Second Street, spoke in support of choosing HKGi to do the parking capacity study. She asked that the study look at the sustainability aspects of cars, permeable surfaces, and the possibility of fewer spaces for cars and more spaces for people. Cameron Murray, 350 Main Street North, thanked the council for increased street sweeping. He showed an example of smoking stations that could be mounted on city‐owned posts and near parking lots. Sustainable Stillwater volunteers have agreed to empty them. He also commended The Locals and the City on the clean‐up after Lumberjack Days. He has been stenciling signs on storm drains saying “No dumping ‐ drains to river” and has a few left to do. Autumn, St. Paul (no last name stated), showed a presentation about her cousin Ralph Bell, who went missing December 20, 2018, and was found dead March 22, 2019 in Roseville. She stated Mr. Bell’s family and friends conducted 95% of the searches for him. Mr. Bell’s family would like the police to reopen the case. She asked what is the protocol for a missing person report. Police Chief Gannaway responded that the police gather information, search as needed and investigate as needed. Nicole Holliday, Minneapolis, stated she is a business owner and activist for people of color. She is seeking to raise awareness and improve the handling of future cases involving people of color. She questioned what City leaders are doing to locate Mr. Bell’s murderer(s). She stated Minnesota statutes indicate there should be protocol in place immediately on a missing person, however in Mr. Bell’s case, at some point in time an officer stated they had to wait. Police Chief Gannaway stated staff will review the policies. Nicole further expressed concern that criminals across Minnesota now know where they can commit crime, especially if it concerns a person of color. She stated the American Foundation for Suicide Prevention states that suicide by stabbing accounts for only 1.6‐3% of all suicides that are successful. She feels it is negligent for anyone to be satisfied with the conclusion that this case was suicide. She believes the police gave up on Mr. Bell right away and didn’t take the time to look for him. She suggested that the City start a fund for his family. Austin Wiley, St. Paul, Mr. Bell’s cousin, asked how differently the case would be handled if it was a child of a City official. Jason Taylor, St. Paul, Mr. Bell’s cousin, stated that his family was treated disrespectfully especially in regard to the search efforts. STAFF REPORTS Police Chief Gannaway informed the Council that Lumberjack Days was fairly uneventful. He reminded the Council of Night to Unite on August 6. City Council Meeting July 30, 2019 Page 3 of 4 Fire Chief Glaser reported that the Washington County Fair is this weekend. City Clerk Wolf reminded the Council of the boards and commissions picnic August 22, and the next council meeting which will start at 3:00 p.m. August 20. Community Development Director Turnblad reported that the draft work plan for the GreenStep Cities program is almost complete. CONSENT AGENDA July 16, 2019 regular, recessed and closed session meeting minutes Payment of Bills Bagpipes and Bonfires Event and Temporary Liquor License Rivertown Art Festival Event, Contract and Temporary Liquor License Resolution 2019‐084, Approving the State Historic Preservation Office Certified Local Government Grant Contract Resolution 2019‐085, Approving the State Historic Preservation Office Certified Local Government Grant Contract Approve Stipulation Regarding Quick Take and Lease for Shorty’s Purchase of Sun Control Window Film Mayor Kozlowski noted that the item, Approve Stipulation Regarding Quick Take and Lease for Shorty’s, should be pulled from the Consent Agenda. Attorney Mikhail added that the reason is that at the last minute the deal fell apart. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Bakertilly Sewer Rate Study Patty Kettles, Director, Bakertilly, presented an analysis of the City’s current sewer utility rates and fee structure. The Sewer Fund’s operating and net income has been negative in each of the past four fiscal years with fiscal year 2019 projecting a net loss of ($422,338). The Sewer Fund has not had a cash balance since 2016; it has borrowed money other City funds. The goal is to fund operations, fund capital, repay the three years of internally borrowed fund, and eventually fund a reserve. 15% is the recommended rate increase for 2020 and 2021. Councilmember Junker asked if rate increases only during capital outlay years are preferable to a gradual increase each year. City Council Meeting July 30, 2019 Page 4 of 4 Ms. Kettles stated they recommend a gradual rate increase if possible, but currently there is no money in the fund. Normally, a 3% rate increase should be able to cover capital outlay projects. Councilmember Weidner asked if some communities use automatic increases that mirror the Met Council rate increases. Ms. Kettles replied that some communities use annual increases to offset the Met Council rates. Finance Director Provos added that in the past, the City has raised its rates to match the dollar amount of the Met Council rate hikes, but not the percentage of the rate hike. City Administrator McCarty stated that during budget discussions, the Council can choose an option that seems like the best path to stay in the black rather than the red over time. Parking Capacity Study Consultant Selection Community Development Director Turnblad stated that two proposals were received for the Downtown Parking Capacity Study, whose goal is to find ways to maximize use of the existing parking system. Proposals were received from the Hoisington Koegler Group (HKGi), $25,000, and from Stantec, $78,000. The Downtown Parking Commission and staff recommend HKGi. Mayor Kozlowski asked that a reminder be sent out to the community about the parking rules. Mr. Turnblad replied a reminder could be published in the City newsletter. Staff will bring back a contract with HKGi for action at the next meeting. Motion by Councilmember Junker, seconded by Councilmember Collins, to authorize staff to draft a contract with HKGi for the Downtown Parking Capacity Study. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 8:46 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2019‐084, Approving the State Historic Preservation Office Certified Local Government Grant Contract Resolution 2019‐085, Approving the State Historic Preservation Office Certified Local Government Grant Contract Page1 LISTOFBILLS 106GroupLtd. Designationstudy116HarrietStN 4,870.71 AbleHose&RubberInc. Hosesupplies 293.69 AccelaInc MonthlyUBwebpayments 649.84 AceHardware Supplies 131.55 ActionRentalInc. Rentalequipment 295.00 AdrianGreg ParkFeeRefund 150.00 AdvanceAutoParts Supplies 329.51 AirDownThere Equipment 985.22 AllTrafficSolutions Solartrafficequipment 3,790.00 AmericanPumpCompany Generator&pumpsrental 4,224.00 AMIConsultingEngineersPA RiverbankStabilization 25,757.60 AnimalHumaneSociety Poundcharges 147.00 AspenMills Uniforms136.94 AutoNation Supplies 265.37 BakerTillyMunicipalAdvisors Sewerratestudy 9,564.40 BatteriesPlusBulbs Batteries 82.75 BatteryI1stUSArtillery July4ͲCannondemonstration 2,150.00 BentleySystemsInc. SignCAD 950.00 BoardofWaterCommissioners WACCharges 43,560.00 BoltonandMenkInc. Liftstationeval 500.00 BruccianiBeverly Refundofduplicateparkingpayment 8.00 BrueghelJudith Reimburseforpostage 10.50 BuberlBlackDirtInc. Julyblackdirtpickedup 210.00 CalAtlanticHomes GradingEscrowRefund 3,000.00 CDWGovernmentInc. Supplies 56.14 CenturyPowerEquipment Supplies 22.00 CintasCorporation Uniforms&Mats 438.41 CityofSt.Paul Trainingclass 260.00 Comcast Internet 184.25 CoveralloftheTwinCities Commercialcleaningservices 540.00 CunninghamBob ParkFeeRefund 35.00 DakotaCountyTechnicalCollege Training 400.00 Dalco Janitorialsupplies 1,970.46 DCATitle ArmoryChestnutͲabstracttitlesearch 625.00 ECMPublishers Publications 95.00 EcolabPest Lowellrestrooms 175.00 EmergencyAutomotive Equipment&repair 11,210.91 EnvironmentalEquipment&Services Supplies 24.44 EssBrothers&SonsInc. Sewerrepairs 6,891.93 ForemostPromotions Fireeducationmaterials 1,350.00 ForestrySuppliersInc. Paint 261.50 FuryMotors Vehicleservice 34.95 GallsLLC Uniforms&supplies 352.96 GopherStateOneCallInc. Locates 472.50 Grainger Equipmentrepairsupplies 210.26 Page2 GreaterStillwaterChamberofCommerce Meeting 40.00 HeavyEquipmentRepairInc. Hydraulicvalve 275.00 HenningProfessionalServices ProfessionalservicesͲShorty's 3,977.03 HoisingtonKoeglerGroupInc ComprehensivePlan 927.50 HolidayCompanies Vehiclewashes 345.00 IdentiSys Supplies 60.06 JeffersonFireandSafetyInc. Supplies 47.64 JulienHunter Reimburseforfloorliners 134.99 JunkerBrad ReimburseforNitetoUnitesupplies 93.73 Kelly&LemmonsPA Prosecution 8,333.00 KirvidaFireInc. Vehiclerepairsupplies 192.06 LakeviewHospital LegalBloodDraws 50.00 LeagueofMNCitiesInsTrust ArmoryCUP 2,233.27 LeVanderGillenMillerPA Professionalservices 17,026.42 LincolnNationalLifeInsuranceCo COBRALifeInsurance 7.20 LofflerCompanies CopierLease 2,291.50 MansfieldOilCompany Fuel 4,259.99 MarlowPhil ParkFeeRefund 125.00 MarshallElectricCompany Electricrepairs 12,096.00 Menards Supplies 435.00 MetropolitanCouncil WastewaterCharge&SAC 254,256.44 MetropolitanMechanicalContractors Maintenanceagreement 1,012.00 MidAmericaInc WasteProcessingͲShop 549.02 MillerExcavating 2019StreetProject 326,678.80 MKMechanicalInc Servicecall 504.00 MNDeptofPublicSafety 2019DodgeDurangoBlueͲplates 17.00 MNFireSrv.Cert.Board Certificationexams 460.00 ModernHeating&Air Coolingrepair 340.00 MPNexlevelLLC Locating 1,657.50 MTIDistributing Equipmentrepairsupplies 125.23 Municode Codepages 1,554.60 NACMechanicalandElectricalServices Buildingrepair 126.50 NagellAppraisal 280BayberryAveCt 800.00 OfficeDepot Officesupplies 375.06 OnSiteSanitation PortableRestroom 2,085.19 PioneerPressSt.Paul Publications 92.02 QuillCorporation Officesupplies 478.20 RehnCodeConsultingServices Planreview 1,314.81 SafeFastInc Supplies 834.29 SherwinWilliams Paint 94.49 SimplifileLC Filingfee 300.00 St.CroixBoatandPacketCo. DockSpaceLease 2,666.67 St.CroixRecreationFunPlaygrounds Playgroundequipment 887.00 StillwaterandOakParkHeightsCVB QtrlyLodgingTax 81,181.38 StillwaterGazette Subscription 79.00 StillwaterGlassInc. Windowrepair 509.59 StillwaterMotorCompany Vehiclerepair 1,268.67 Page3 StillwaterTowing Towingservice 150.00 SW/WCServiceCooperatives RetireeHealthInsurance 80,647.16 T.A.SchifskyandSons Asphalt 15,087.06 TheFoundation Mobilitylabor 112.50 TheisByron Reimburseforworkboots 111.99 ThomsonReuters InformationCharges 146.20 TitanMachineryShakopee Equipmentrepairsupplies 504.40 TKDA MarylaneDrainageImp 6,662.85 TollGasandWeldingSupply Cylinders 45.38 TollbergHomes GradingEscrowRefund 3,000.00 TriͲStateBobcat Equipmentrental&supplies 1,139.42 TriͲStatePumpandControlsInc. Rutherfordliftstationrepair 1,170.00 TruckUtilitiesInc. Equipmentrepairsupplies 380.04 TwinCityGarageDoorCo. Garagedoorrepair 1,490.90 UlineInc Mapletable&supplies 1,313.83 USBank PayingAgentFees 500.00 USAClean Supplies 20.70 ValleyTrophyInc. Nameplate 48.00 VincoInc Emergencybankstabilization 8,777.50 VoyantCommunications Phone 541.12 WashingtonConservationDistr SharedEducator 675.00 WashingtonCountyRoad&Bridge Trafficservices 222.33 WashingtonCountySheriffsOffice 2019Lumberjackdays 1,181.54 WaterWorksIrrigationLLC PioneerParkBathroom 1,000.00 WenckConstruction CityHallProject 6,835.00 WinnickSupply Equipmentrepairsupplies 100.40 WSB&AssociatesInc. MS4Services 198.00 WulfingDavid ReimburseforDogBoarding 150.00 XcelEnergy Energy 16,364.46 RECCENTER 1STLine/LeewesVenturesLLC Snacksforconcessions 1,035.30 AceHardware Supplies 258.46 AdvancedConcrete DomeProject 11,500.00 ArrowSportsGroup Concessionsupplies 409.52 CanteenRefreshmentServices Concessionsupplies 804.86 CintasCorporation Matcleaningservice 154.50 Comcast Internet 109.85 CorvalConstructors Equipmentrepair 798.00 CubFoods Concessionsupplies 16.50 HDRArchitecture DomeProject 9,298.42 IceSkatingInstitute Printing 113.50 JaytechInc Equipmentrepairsupplies 674.90 KrausͲAnderson DomeProject 43,607.04 LindstromSolarLLC SolarEnergy 7,938.02 Menards Supplies 71.92 Page4 MNDeptofLaborandIndustry Licenserenewal 10.00 MNIceArenaManagers Conference 175.00 MulcahyCompanyInc. Equipmentrepairsupplies 491.04 PepsiBeveragesCompany Beveragesforconcessions 758.34 R&RSpecialtiesInc. Equipmentrepairsupplies 2,968.90 RiedellShoesInc. Skates 1,327.70 SiegfriedConstructionCompanyGeorge Brick&ledgesteps 835.73 TwinCitiesDots&Pop Concessionsupplies 573.12 LIBRARY AceHardware JanitorialSupplies 192.75 BrodartCo Materials 5,723.97 ChildsWorldInc. Materials 1,354.68 CintasCorporation Towels&Rugs 72.24 Comcast Internet/WiͲFi 188.06 DemcoInc. ProcessingSupplies 86.28 FriendsoftheStillwaterPublicLibrary FriendsReimbursement:JulySales 451.50 Infogroup Materials 1,010.00 MadScienceofMN JuvSRP(Friends2019Ͳ03) 199.00 MasterMechanicalInc. RTUExhaustFan 1,971.72 MeinAnna Programs 200.00 MidwestTape Materials 1,350.58 One23EventsLLC June2019MonthlyFee 2,000.00 PremierLightingInc LEDConversion 5,026.15 RecordedBooksInc Materials 70.11 JULYMANUALS BusinessDataRecordServices Shredding 95.00 GlaserStu ToreplacepayrollACHpmtduetofraud 2,442.50 Postmaster UtilityBillingPostage 2,854.98 XcelEnergy Energy 17,426.95 Date: August 7, 2019 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Lift Bridge Brewing Run, Bike, Belch Meet the Monster Athletics has made application to organize a 5K/10K for the Lift Bridge Brewery to be held on Sunday, September 29, 2019. The proposed route will start and finish at the Lift Bridge Brewery on Tower Drive. This event has a commercial street closure for more than 2 hours, therefore the event requires Council approval. Closure of Tower Drive will be from the Brewery to Northwestern and occur the morning of the race at 7 am to 3 pm. Stillwater Police will provide traffic control at Curve Crest and Northwestern. Any associated City costs will be invoiced according to the 2019 Fee Schedule. ACTION REQUIRED: If Council wishes to approve the special event they should pass a motion approving the 2019 Lift Bridge Brewing Run, Bike, Belch Event subject to coordination of the event with the City’s Police, Fire, EMS and Public Works to meet the City’s requirements. % ##- + #$ + #............................ ..........# .......... #............................ ..........# .......... #............................ ..........# .......... "! # % #/ "" Ͳ#" ! # &$"# ! ##% # ##( #&#!&"#0+ ! !( ##- # + + ! !#) " $!"# + $ !+ " ! ! )# + #$% #+ $ + / & ! "" ( !# !" $# & !0 #(* ##* + # # %................ # # +............................. "#!""+ ## !" $! % #+ + #! # ##$! % #+ + ( +% # % #% #&- #!# # /!""0 % #+ "# ### / !# #" " ## !"0+ #- % # /% #"#!21+11 , ,! $!%! ! #( $ 0 !""+ EVENTS PERMIT APPLICATION 216 North 4 th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 +'+ !""+ 07/12/2019 Lift Bridge Brewing Run, Bike, Belch 09/28/2019 6pm 9pm 09/29/2019 7am 10am 09/29/2019 10am noon 1900 Tower Dr W 5k and 10k presented by Lift Bridge Brewing 200 Meet the Monster Athletics 1115 Fouquette St Foley, MN, 56329 Shane Keating 320 266 0005 shane@meetthemonster.com www.BikeRunBelch.com Shane Keating 320 266 0005 Brendan Keating 320 266 0305 Shane Keating + ' ! ! ' #% " $ ) % ) ! % ) % ' , - ! ' ' % + ! ! ! &) ! ' % " * " % ! *!% ( ( ( ( (" ( ( *" " " ( #( ! ! *! ( ( ! # # * &%"Ͳ$#!Ͳ&&%% ) ' %' #%"Ͳ$'%! ! ) ! ) " , -' $ ' " " ,( (% ( ( "( -* " ' # # ! * % # , "# " ( " *- " % #)% * ! + ) ) + ) ) + ) ) # %' &%"Ͳ#%"Ͳ$'%! % Ͳ Ͳ#% "! ' Multiple tents set up on site at Lift Bridge of varying sizes All power needs will come from Lift Bridge Social media, flyers, email campaigns, newspaper, event listing websites 2-3, 2’ x 4’ on Lift Bridge property 7am - 9am 09/29/2019 2 Will portable restrooms be needed? No D Yes ~ Number needed: 4-6 on site at Lift Bridge Fees may apply see fnstructions Will extra trash receptacles be needed? No D Yes D Number needed: Fees may apply see fnstructions Describe trash removal and cleanup plan during and after event: All "after event" activities will take place at Lift Bridge. Any trash will remain on their property and be disposed of properly Will event need traffic control? No 0 Yes Jg) Contact Stillwater Police Deportment for assistance, 651·351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: All runners will be instructed to obey traffic laws, run into traffic, yield to traffic, always be aware of their surroundings, and take extra care when crossing roads. Spectators will be encouraged to stay near Lift Bridge and not go out on course. If they choose to do so, they will also be reminded to obey all traffic laws and keep their safety and runner safety in mind at all times. Will "No Parking Signs" be needed? No D Yes Jg] Number needed: 8 Fees may apply see Instructions Show locotion(s) on site map Will event need security? No D Yes D If event is overnight, security wlff be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No 0 Yes 181 Contact Lokevl~w EMS, 651-4304611 Describe plans to provide first aid, if needed: We will work with Lakeview first and local law enforcement second. All runners will be encouraged to keep safety top of mind and they have multiple ways to contact us on course should a need arise. Further, representatives from Meet the Monster Athletics will ''patrol" the course making sure all runners are safely back to the brewery Describe the emergency action plan if severe weather should arise: We will monitor weather closely and consult with local law enforcement about options. Rain won't stop up, lightening wlll. If there are stonns in the area, we will delay the start by 15 minutes to monitor conditions. We will do this for up to one hour before calling off the event. List any other pertinent information: 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. f realize my submittal of this application request constitutes a contract between myself and the City ~i/lwa~elease of Liability. (-/S ~ ( J-, s;gn&plkantor Authod,edAgent -D-a-te---------------- Lift Bridge 5k map. Full route 5k route detail. When we last did this event, we had police support at Curve Crest and Orleans St. At the start, runners will come off of Northwestern, go east on Curve Crest, cross over Curve Crest and go north on Orleans St. On the way back for the finish, runners will be coming west on Curve Crest, cross over and go south down Northwestern. 10k route detail. 10k runners will do the same start as the 5k runners. Then on the way back they’ll be going west on Curve Crest and continue to Washington. They’ll go North on Washington to Orleans into Benson Park and be back on the same route as previous. Then when they finish they’ll do the same as the 5k runners – West on Curve Crest, cross over to go south down Northwestern Start/Finish area detail. Will need barricades at east and west ends of Tower and No Parking along Tower RESOLUTION NO. 2019- A RESOLUTION AMENDING RESOLUTION 2018-173 ADOPTING 2019 FEE SCHEDULE WHEREAS, the Stillwater City Council adopted Resolution 2018-173 entitled “Resolution adopting 2019 Fee Schedule” on December 18, 2018; and WHEREAS, Section VIII of the Fee Schedule establishes parking fees; and WHEREAS, the Section VIII heading says parenthetically that the peak season is May through September, but the peak season as defined in City Ordinances for parking enforcement and parking mitigation purposes is May through October; and WHEREAS, the Stillwater City Council wishes to create consistency when applying the term “peak season” to any parking matter; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the following changes: 1. Under Section VIII “Parking Fees” a. Replace the first section subtitle with the following: “DOWNTOWN PARKING RENTAL RATES – PEAK SEASON (May through October) b. Replace the second section subtitle with the following: “DOWNTOWN PARKING RENTAL RATES – OFF SEASON (November through April) Enacted by the City Council of the City of Stillwater, Minnesota this 20th day of August, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Alcohol & Gambling Enforcement Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number .... !s_TI_L_LW_ATE_R_K_N_IG_H_T_s_o_F_c_o_L_u_M_B_u_s ____________ ___,!! .... A_u_G_1_9_12 ____ _____.! .... 12_3-_1_23_7_5_6_9 ____ __. Address City State Z ip Code .... i 1_9_1o_G_R_E_E_LE_Y_S_T_s ______________ ___.l ls11LLWATER 1 , ..... M-in_n_e-so_t _a -----,, .__ls_so_s_2 ___ _. Name of person making application Business phone Home phone I.__D_A_N_E_D_ER ____________________ ___.l .... l6_s1_-4_J_0-_3_2_74 ___ _.II ..... 6-51--4-9_1_-4_044 ____ _, Date(s) of event Type of organization D Microdistillery D Small Brewer l.-s-EP_T_E_M_B_E_R_l -9,-2-0_1_9-------------------.118'1 Club D Charitable D Religious D Other non-profit Organization officer's name City State Zip Code I._K_EN_D_O_L_NE_Y _____________ ~l lsTILLWATER I !Minnesota I ~'ss_o_s2 __ ~ Organiza tion officer's name City State Z ip Code I 1 1 Minnesota 1 1 Ci ty State Z ip Code I I I Minnesota 11 Organiza tion officer's name Organiz ation officer's name City State Z ip Code I 11 Minnesota 1 1 ,cation where permit will be used. If an outdoor area, describe. , 862 GREELEY STREET. (NEW WASH CTY HISTORICAL SOCIETY BUILDING If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. STILLWATER KNIGHTS OF COLUMBUS If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Insurance Advisors, inc. $1,000,000.00 APPROVAL BE APP ROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT \Ah..-k, Date Approved Permit Date City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement f:RKS NOTICE: Subrnit this form to A.koho! and 1:.;arnblin9 f:nforce;rn°nl Divi,,ion JO day~ prior to event ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORAR APPLICATION A .MN .US PLANNING REPORT TO: City Council CASE NO.: 2019-26 REPORT DATE: July 30, 2019 MEETING DATE: August 20, 2019 APPLICANT: City of Stillwater LANDOWNER: N/A REQUEST: The consideration of a Zoning Text Amendment for the creation of a Rural Residential zoning district LOCATION: Citywide ZONING: AP, Agricultural Preservation REPORT BY: Abbi Jo Wittman, City Planner REVIEWED BY: Bill Turnblad, Community Development Director INTRODUCTION On October 5, 2018, the Stillwater City Council enacted a one-year moratorium on all new subdivisions and lot splits in an area referred to as the “Minar Neighborhood”, an area that includes properties located on Minar Avenue North, Minar Lane North, 75th Street North, 77th Street North, and 77th Street Court North. The moratorium is designed to give the City time to determine: 1. Increased density appropriateness. Question was raised as whether or not increased density is appropriate in this neighborhood given the lack of access to city sewer and water. 2. Zoning district development. To develop a corresponding Rural Residential zoning district classification, memorializing the new standards and regulations for these properties as they are currently zoned AP – Agricultural Preservation. Since October City staff has been gathering information from other community’s zoning codes, conducting site-specific analysis, soliciting input from other public agencies, meeting with the neighborhood, as well as drafting the Rural Residential zoning district. At their July 24, 2019 regular meeting, the Planning Commission held a public hearing regarding the creation of the zoning district. The commission took testimony in favor the district creation, Case No. 2019-26 Page 2 including the allowance for one-acre lots. As a result, the Planning Commission has recommended the minimum lot size for a new parcel in the Rural Residential district be one acre. SPECIFIC REQUEST The consideration of a Zoning Text Amendment for the creation of a Rural Residential zoning district. ANALYSIS City Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments may be made when: Public necessity, general community welfare and good zoning practice permit the amendment; and The proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. Properties annexed into the City in January of 2015 are zoned Agricultural Preserve, a district intended to preserve agricultural lands and serve as a holding zone until the time of urban development. It has been determined urban service extension may not be feasible or practical and expansion-area properties may never be developed with higher densities. If a property can accommodate wells and septic systems for the responsible creation of new, large lot properties it is a public necessity for the City to develop low-density residential district to, in time, replace the Agricultural Preserve district. City staff consulted with the MN Department of Health, the MN Department of Natural Resources, Browns Creek Watershed District, Washington County Public Health and the Environment (WCPHE), and the Stillwater Water Board. Most agencies did not foresee any conflicts with their regulations and the potential large-lot development scenarios (i.e. “lot splits”). However, WCPHE has indicated the probability for a property owner to get a new septic system on a one acre lot is low. The size of the facility and setbacks (to property lines, structures, shoreland areas, etc.) often necessitate more land area than one acre. Additionally, as each of the existing lots must maintain area for their existing system (as well as a backup system); those lots may need to retain greater than one acre to be in compliance with their standards. Simply put, if the City does allow for one-acre development in this neighborhood, the property owner will need to provide a satisfactory septic system design and alternate site location to the WCHPE so that they are comfortable issuing the septic system permit. And, the WCPHE permit review will be required before the lot split will be approved by the City. This is why staff initially developed two sets of proposed district standards. One set does not allow one acre lot splits, the other does. With the exception of the minimum lot size, all the draft standards and uses represent consensus between city staff, Minar neighborhood participants as well as other jurisdictions. The minimum 2.5-acre standards are found on the following page. Case No. 2019-26 Page 3 Lot area per dwelling 2.5 acres Lot width 160 feet Lot depth 300 feet Front yard setback 40 feet Interior Side yard setback 15 feet (COS) Exterior yard setback 40 feet Rear yard setback 50 feet Maximum lot coverage 25% Height Height of residence 35 feet Height of accessory structures 20 feet and not exceeding height of main residential structure No properties are proposed to be rezoned to the proposed RR district at this time. If the RR district is created, the City will proceed with rezoning the parcels in the Minar Neighborhood after the 2040 Comprehensive Plan has been adopted. Other properties on the Comprehensive Plan’s Future Land Use map that are guided for Low Density Residential development could also petition to be rezoned to the RR district. ALTERNATIVES The Council has the following options available to them: 1. If the Council finds the public necessity, general community welfare and good zoning practice permit the amendment and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, the Council may approve Zoning Text Amendment 2019-26, creating the Rural Residential zoning district with a minimum lot size of one acre. 2. Make findings that the public necessity, general community welfare and good zoning practice do not permit the amendment or that the proposed amendment is not in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, and deny the requested ordinance amendment. 3. Table consideration for more information. FINDINGS AND RECOMMENDATION The purpose of this Rural Residential zoning district (RR district) is to maintain large lot neighborhood design and characteristics in areas where urban services are either unavailable or it is unfeasible to extend services to. The proposed amendment, whether minimum lot size is one acre or 2.5 acres, is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. Additionally, public necessity, general Case No. 2019-26 Page 4 community welfare and good zoning practice permit the creation of the Rural Residential zoning district. At their July 24, 2019 regular meeting, the Planning Commission held a public hearing regarding this request. The Planning Commission found that one-acre parcels should be permitted in the Rural Residential zoning district. Therefore, staff recommends approval of the attached Ordinance. Attachments: Draft Ordinance ORDINANCE _________ AN ORDINANCE CREATING ARTICLE 31-301, RURAL RESIDENTIAL DISTRICT, AND AMENDING ARTICLE 31-315, ALLOWABLE USES IN RESIDENTIAL DISTRICTS, OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. Article 31-301 of the City Code, Rural Residential District is hereby created as follows: (a) Purpose. The purpose of the RR district shall be to maintain large lot neighborhood design and characteristics in areas where urban services are unavailable. (b) Allowable uses. 1. See Table in Section 31-315 for the allowable uses within this district. (c) Detached accessory buildings. 1. No detached accessory buildings may be located within the required front yard. 2. All detached accessory buildings located within a side yard must be set back a minimum of 15 feet from the side lot line in the case of an interior lot or 40 feet in the case of a corner lot. 3. All detached accessory buildings located in the rear yard must be set back a minimum of 25 feet from the rear lot line. (d) Massing regulations. 1. Minimum standards. 1 Lot area per dwelling One (1) acre Lot width 100 feet Lot depth 300 feet Front yard setback 40 feet Interior Side yard setback 15 feet (COS) Exterior yard setback 40 feet Rear yard setback 50 feet Maximum lot coverage 25% Height of residence 35 feet Height of accessory structures 20 feet and not exceeding height of main residential structure 2. Additional setback standards. 2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet 1 All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. SECTION 2. AMENDMENT. Article 31-315 of the City Code, Allowable Uses in Residential Districts, is hereby amended to add the following: 14 Sales of fresh, whole, raw, or processed produce grown onsite only and sold onsite at a farm stand, at farmers’ markets or by delivery. 15 Storage of personal operable vehicles, including any car, truck or trailer, or self-propelled or pull-behind recreational vehicles, including, but not limited to, snowmobiles, all-terrain vehicles, watercraft, golf carts, etc. so long as adequately screened by fence or landscaped from roadways and neighboring views. No outside business storage is permitted. 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: ALLOWABLE USES ZONING DISTRICTS RR Single-family dwelling 1 P Accessory dwelling (See Section 31-501) P Type I home occupation (See Section 31-500) P Type II home occupation (See Section 31-500) CUP Accessory building and use A Short Term Home Rental; Type A and B P Short Term Home Rental; Type C CUP Agricultural produce sales P14 Essential services P Small Wireless Facilities in the Right-of-Way P Personal Outdoor Storage P15 The ordinance amendment establishes a purpose for a new Rural Residential zoning district while establishing the allowable uses of, and the massing regulations and setback standards for new structures proposed within the district. SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this 20th day of August, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette – ______________________ PLANNING REPORT TO: City Council CASE NO.: CPC 2019-36 REPORT DATE: August 5, 2019 MEETING DATE: August 20, 2019 APPLICANT: Todd Konigson LANDOWNER: Robert A. Hill REQUEST: 1. A Preliminary Plat for the development of six townhome units on two parcels of land to be known as Liberty Village 5th Addition; 2. An amendment to the Concept/Preliminary PUD to allow for three stories (opposed to 2.5) while remaining under the maximum 35’ height restriction; 3. A Special Use Permit for residences in the Village Commercial district; and 4. A (partial) easement vacation request. LOCATION: XXX New England Place (PID #3003020320099) ZONING: VC – Village Commercial REPORT BY: Abbi Jo Wittman, City Planner REVIEWED BY: Bill Turnblad, Community Development Director INTRODUCTION In early 1998 the City of Stillwater approved concept PUD 1997-70 for the 11.87 acres of commercial development near the intersection of Manning Avenue North and County Road 12/75th Street North. The City subsequently approved PUD 2003-14, for the design of the commercial village area. Since the time of concept approval, five of the seven Photo Credit: Google Images (August, 2017) CPC Case 2019-36 August 20, 2019 commercial sites have been developed after approval of Final Planned Unit Development permits for each of the individual sites. In later 2018 Todd Konigson requested approval of an amendment to the Liberty Village PUD and an associated Special Use Permit for three-story, live-work townhomes. While the Planning Commission was favorable to the proposed use, the City Council denied the three-story PUD amendment on the basis the proposed design did not fit with the traditional New England design of the neighborhood. Mr. Konigson has revised and re-submitted the project plans. SPECIFIC REQUEST Todd Konigson of livwell.design would like to construct six residential units in two separate buildings on Outlot D, at the corner of Settlers Way and New England Place. The proposed units would have a first floor home office, each facing the respective streets, with a private garage in the rear of the building. The residence would be located above the home office space, on the second and third stories. This necessitates the following requests: 1. A Preliminary Plat for the development of six townhome units on two parcels of land to be known as Liberty Village 5th Addition; 2. An amendment to the Concept/Preliminary PUD to allow for three stories (opposed to 2.5) while remaining under the maximum 35’ height restriction; 3. A Special Use Permit for residences in the Village Commercial district; and 4. A (partial) easement vacation request. ANALYSIS I. PRELIMINARY PLAT The City Code and the Subdivision Regulations allow for the replatting of Outlot C so long as it conforms to the general purpose and intent of the original Liberty Village PUD. Analysis of the conformance to the original PUD is addressed in subsequent sections. Civil Engineering City Engineer Shawn Sanders has reviewed the plat and plans. The proposal requires no public improvements as streets, sanitary sewer, municipal water and storm sewer are all in place to service the property. However, as the property is proposed to be subdivided, each unit will be required to have its own separate services. The property will be required to have customary drainage and utility easements adjacent to all property lines. The applicant has shown conformance to the City’s standard of 10’ drainage and utility easements on the front/street-facing sides and 5’ on the rear/park- facing side. Additionally, existing utilities are located onsite; prior to the submission of the final plat, draft easements will need to be submitted for City Engineer review and approval. CPC Case 2019-36 August 20, 2019 Since no public improvements are required in this case, no Development Agreement is needed. Fire Safety Deputy Fire Chief Tom Ballis has reviewed the plans. At this time the only comment submitted was that each of the units will need to have a fire suppression system installed. Park and Trail Dedication Any new subdivision is required to contribute to the City’s park and trail system by dedicating land for public recreation purposes. However, as this development is associated with a previous subdivision that dedicated park and trail lands to the public, the applicant has proposed paying a fee in lieu of land dedication. II. CONCEPT/PRELIMINARY PUD AMENDMENT The purpose of a PUD is to provide for a means of: (1) Ensuring variety, innovation and flexibility in the development of land and its improvements. (2) Allowing a mixture of uses in an integrated and well planned area to aid in providing a better living environment. (3) Allowing for flexibility in group building development wherein the relationship is between building and building or buildings and site, rather than between building and property lines, as is the case in mono-structural development. (4) Preserving natural beauty spots, open space and recreational areas. There are no specific standards for review of Planned Unit Developments (PUD). However, the development must fit with the premise of the original PUD. Height The applicant’s request is to modify the plan to allow for three stories within the 35’ maximum height restriction. While the total number of stories is not specifically called out in PUD 2003- 14, the Village Commercial district restricts the height of structures to a maximum of 2.5 stories. With the previously-submitted review, the City was not favorable to the increase in the total number of stories for a flat roof. However, the applicant has proposed a pitched-roof design that the applicant has stated can be accommodated in the 35’ maximum height allowed. Additional information on the design of the buildings is addressed in the following section. Building Design and Orientation Resolution 2003-86 indicates “the Village Commercial design guidelines…must be used to guide future final PUD lot development”. The guidelines of record are entitled the Country Village Architectural and Site Design Guidelines, submitted by the applicant at the time of the village commercial PUD. They indicate gable roofs are preferred and that “the village area shall have a unique rural character related to its surroundings”. These have been used as a basis for this analysis. However, if approved, the applicant would need to secure final design approval from CPC Case 2019-36 August 20, 2019 the Liberty Village Commercial association for compliance with the Liberty Village Architectural Review & Design Guidelines adopted in April of 2009. While the applicant has forwarded an email of approval from the Commercial Association’s representative, Michael Oreck, concerns have been raised by members of the residential portion of the neighborhood that the proposed design fails to conform to the New England style requirements. It is appropriate to note here that the City does not enforce the private design guidelines used by owners’ associations. The applicant’s modified two-building design orientates both buildings towards pedestrian and vehicular pathways. The design proposed a single small window and door on the front façade of each unit. The unit’s first floor design (facing the street) no longer contains elements that contribute to the commercial feel. The City should require the front elevation of the first floor to contain a larger window that is identical to the windows on the second and third stores; this can help create a pedestrian-scale environment near these tall buildings while also creating a cohesive design on all three stories. Furthermore, additional detailing on the street and parking lot-facing first-floor sides should have additional detailing and landscaping to ensure greater pedestrian design facing the public ways and parking areas. The proposed design mimics New England’s row housing. The applicant is proposing low pitch gable roof to run parallel with the street. Each townhome unit will have its own pitched dormer design. While the applicant’s rendering implies a steeper, possibly 12/11 pitched roof, the elevations show broader, possibly 12/8 pitched roof. These would be considered to be in substantial conformance with the pitched-roof requirements. III. SPECIAL USE PERMIT Section 31-207 establishes the review standards for Special Use Permits (SUP): 1) The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The Village Commercial zoning district has a purpose to provide a local center for convenience shopping and personal services primarily in proximity to a residential neighborhood. The concept of the commercial area was approved in 1998 but it was not until PUD 2003-14 that the village area’s form was defined. Referred to as ‘Building 8’, this site was intended to have a 4,700 square foot service or professional office building footprint with a total building square footage of 11,400 square feet. Daycare and residential uses are noted as a potential land use but are indicated as “restricted”. The Village Commercial district allows for “residences of all classes” by SUP but caveats approval indicating “residences on second level only”. So long as the first floor office space is used for limited commercial purpose and maintains a commercial feel, the proposed structure’s uses conform the Zoning Code and relevant PUDs. CPC Case 2019-36 August 20, 2019 Furthermore, the Comprehensive Plan encourages supporting the local economy and a diversity of housing options. These live/work residences would provide for a housing type typically not found in Stillwater or, at the very least, outside of the City’s historic core. In review of the request with City staff, the following items were determined to be some items of concern: Parking Liberty Village’s parking plan was designed so that each of the properties absorbed some of the parking demand. According to the permitted use table and associated parking data, the property is required to develop 38 parking spaces. However, the approved preliminary plat shows only 19 spaces in a shared public/private parking lot, six associated specifically with this building, and an additional five spaces on the street for a total of 30 spaces. To summarize, there was a nine space discrepancy between the approved plats and plans. The applicant is proposing to create two, 9’ by 22’ covered spaces inside each unit. Additionally, another six spaces are proposed to be created adjacent to the buildings and their access/drive isles. To accommodate two-way drive isles, no additional parking would be permitted in the parking and drive area associated with the two buildings. These 18 spaces would be committed to the private property, designated for the residential and ancillary commercial parking needs. To date, the five on-street spaces have been developed. The applicant is further proposing the construction of a ten-space parking lot to the east of the two buildings. This is an area encumbered by City easement, further discussed in the following section. These spaces, combined, maintain fifteen of the required 24 public and semi-public parking spaces shown on the Liberty Village preliminary plat. When all parking is combined, the applicant is proposing the construction of 28 new parking spaces. Combined with the existing five on-street spaces, the applicant is exceeding the 30 space requirement shown on the preliminary plat. Although the distribution of private and public parking is proposed to change so that there is more private parking than public, this ensures the development is meeting its parking demand onsite while also meeting some of the demand in the neighborhood. As there has been parking challenges in this portion of the commercial area, helping reduce the parking problem while not further creating greater issues is to the public’s benefit. IV. EASEMENT VACATION REQUEST As noted, the city holds easement over (approximately) one-half of the total property. This was for the private construction and maintenance of shared public/private parking. The applicant is proposing to construct portions of one of the buildings and shared parking over the easement area. This necessitates a partial vacation of the easement. CPC Case 2019-36 August 20, 2019 The easement indicates the shared use “will be in common with all other successors and assigns of CPDC [the developer] and their tenants and licenses available for public use when adjacent businesses are closed”. In other words, the originally-designed, 19-space parking area was designed to accommodate the commercial uses in the area but also the needs of Settler’s Park, classified as a Neighborhood Park. Neighborhood parks provide for the recreation needs of a surrounding residential neighborhood. These parks provide a location for informal play and opportunities for social gatherings. Settler’s Park contains two tennis courts and a large, open green area with a kick/baseball diamond with fencing and a small set of bleachers. Question is raised as to whether or not the reduction of parking lot area, to a total of ten spaces, will accommodate for the public park needs. If the public needs cannot be met, then the reduction of the easement area should not be approved. As Settler’s Park is a Neighborhood Park; it is assumed the majority of users of the park will walk to use it. However, tennis courts tend to attract people from outside the neighborhood. In a review of other municipal code standards, many communities require a minimum of three parking spaces for every one tennis court. Utilizing this standard, six parking spaces would be required, leaving four spaces for other users of Settler’s Park. The Parks and Recreation Commission (PRC) reviewed the parking lot space reduction request at their July 22nd meeting. The PRC determined the 10-space parking lot would accommodate park user needs. 2. Any additional conditions necessary for the public interest have been imposed or use and/or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The focus of this review standard is whether the proposed use can operate in its proposed location without negatively impacting surrounding uses, or the general neighborhood. To date, the City has not received any public comments regarding related to nuisance or public detriment. Though, comments have been received from the residential neighborhood stating that the design is not consistent with the New England theme of Liberty on the Lake. As this staff report attests, minimal concerns have been identified with the proposed residential use with first floor commercial use in this location. And, staff has recommended conditions of approval to insure the public interest and welfare is met. ALTERNATIVES AND RECOMMENDATION A. Approval. If the City Council finds the Preliminary Plat, Concept PUD amendment, SUP and easement vacation requests are consistent with the provisions set forth in the Zoning Code, the Council could move to approve the request. At a minimum, staff would recommend the following conditions of approval: 1. This Special Use Permit is in all ways a Conditional Use Permit as the term is used in Minnesota Statue Section 462.3595. 2. Except as modified herein, the plans shall be in substantial conformance to those submitted and on file with CPC Case No. 2019-36: CPC Case 2019-36 August 20, 2019 Preliminary Plat dated 7/15/2019 Demolition Plan dated 6/28/2019 Paving Plan dated 7/12/2019 Grading Plan dated 7/12/2019 Utility Plan dated 7/12/2019 Floor Plans (A1, A2, and A3) dated 6/27/2019 Elevations (A4) dated 6/27/2019 3. Prior to the submittal of the Final Plan, the design of the structure and site will have obtained Liberty Village Commercial Association approval. This shall be provided to the City in a format that shows association approval on the finalized building design schematic. 4. The overall height of the building shall not exceed 35’, as measured from the average finished elevation of the front of each building to the average height between the plate and the ridge of the highest gable. 5. The street-facing first level shall be restricted to in-home professional and service offices only. Businesses shall obtain a Home Occupation Permit from the City of Stillwater. 6. The front-facing first level shall contain a set of windows, identical to the shape, style, and sizes of the second and third story windows, noted as W1, W2, W4, and W5 on floor plan sheets A2 and A3. The windows shall be set in line with the upper story windows for uniform design. The windows shall consist of clear, untinted glass. 7. Additional detailing on the street and parking lot first floor elevations shall installed to reduce blank walls along the public streets and parking lot areas. 8. With the exception of window signage, signs shall not be permitted onsite. If business identification signage is desired, a sign plan must be submitted with the Final PUD. 9. Scaled building plans depicting the level of detail, materials and colors on all finishes, complete landscaping plan, and solid waste storage and removal plan shall be submitted with the Final PUD. 10. All existing and future trash receptacles shall be stored inside the building or in an enclosed onsite trash facility at all times with the exception of the day of trash collection. 11. The private parking and drive areas shall be signed to indicate no parking is permitted behind the garages or along the drivelane areas. A parking signage plan shall be submitted with the Final PUD. 12. Each unit shall have a fire suppression system installed. 13. A shared parking and driveway easement agreement shall be developed prior to the submittal of the final plat. 14. Prior to the submission of a Final Plat, drainage and utility easements for all existing and proposed public utilities, including those located under the public/private parking lot, will need to be submitted for review and approval by the City Engineer. A 10’ easement will be required on each side of the existing underground water line. CPC Case 2019-36 August 20, 2019 15. Prior to the release of the Final Plat, the developer shall be responsible for paying all park and trail dedication fees, currently totaling $15,000. Fees paid shall be at the rate established by City Resolution in the year in which they are paid. 16. All conditions of approval for Planning Commission Case files 1997-70 and 2003-14 shall remain in effect. 17. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. B. Table. If the City Council finds the request to have incomplete information, the case could be tabled. C. Denial. If the City Council finds the request to be inconsistent with the provisions set forth in the Zoning Code, it could be denied. With a denial, the basis of the action should be given. FINDINGS AND RECOMMENDATION Concept PUD’s are reviewed by the Planning Commission, with their recommendation forwarded to the City Council. There are no specific standards for review. The Council must determine if the three-story design, in the 35’ maximum height requirement, fits with the original intention of the Liberty Village PUD. The three-story approval need not be tied to this specific design unless specifically conditioned by the City. City Code Section 31-210 indicates concept approval will not bind the City to grant final approval and that the applicant must file a request for final plan and plat approval within six months of concept approval. Staff finds that with certain alterations, – including final exterior elevations to be submitted with the Final PUD and plat, the three story design substantially conforms to PUD 1997-70 and 2003-14. While concerns for the design of the structure have been raised, a condition of approval is that design detailing would be finalized prior to the Final PUD and plat submittal. This would allow the applicant to continue to work with the neighborhood to find a design that may be acceptable to them. SUPs are reviewed and approved by the Planning Commission. This means the Planning Commission could determine whether or not the use (i.e. six, live-work units) meet the standards set forth for Use Permitting. However, “on the rare occasion when accountability is an issue”1, the Planning Commission may defer consideration to the City Council. Given approvals of the concept PUD and that the future uses are inextricable linked and that the Planning Commission has previously granted approval for this use on this property, at their July 24, 2019 meeting the Planning Commission deferred consideration of the SUP to the City Council. Staff further finds that with certain conditions, the proposed use conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans and other lawful regulations and will not be a nuisance or detriment to the public welfare of the community. Lastly, the subdivision and associated easement vacation are in line with standards set forth to protect the health, safety, morals, comfort, convenience and general welfare of the community. 1 City Code Section 31-207(c)(1) CPC Case 2019-36 August 20, 2019 Recommendations Staff Staff recommends Alternative A, above, as well as the condition that all outstanding application fees and escrows shall be paid to the City within 14 days of the date of approval or the approval shall become null and void. Furthermore, staff recommends: tabling consideration of the easement vacation with the following conditions: o A shared parking and driveway easement agreement shall be developed and approved by the City Attorney prior to the submittal of the Final PUD and plat. o Prior to the submission of a Final Plat, easements for the proposed public/private parking area shall be developed and approved by the City Attorney prior to the submittal of the Final PUD and plat. Park and Recreation Commission At their July 24, 2019 meeting, the Park and Recreation Commission reviewed the park and trail dedication request as well as the shared public/private parking lot size reduction proposal. The Commission has forwarded a favorable recommendation of approval of acceptance of the fee-in-lieu of land dedication as well as proposed parking lot design. Planning Commission Although the Planning Commission deferred to the Council the consideration of a Special Use Permit, the Planning Commission forwarded recommendation of conditional approval of the entire proposal. Conditions of approval are those outlined in Alternative A, above. Attachments: Site Location Map Narrative Request Existing Conditions and Demolition Plan Paving, Grading and Utility Plans Photographic Rendering Exterior Elevations (2 pages) Floor Plans (3 pages) Preliminary Plat Resolution No. 98-38A Resolution No. 2003-86 Liberty Village Preliminary Plat Proposed Concept PUD, 2003 Country Village Architectural and Site Design Guidelines cc: Todd Konigson R O A DRUTHERFORD R U T H E R F O R D BLVD.PIONEERRO A D R U TPLACEPIONEER LI B E R T Y M E L VIL L E 75TH STREET NORTH C S A H 1 2 C S A H 15S C H O O L H O U S E C IR C LE COUNTRYSETTLER'S WAYENGLA N D PLACE SETTLER'S WAYLIBERTY PARKWAYT A L L P I N E T R A I LPINE HOLLO W GRNPINEHOLL OW PLNEWSUMMER FIELDS CT µ 0 350 700175Feet General Site Location Site Location xxx New England Place ^ Text Dear; June 28th , 2019 Stillwater Planning Department Stillwater Planning Commission Stillwater City Council members Please find the accompanying preliminary PUD application amendment request and information for our proposed Liberty Work Live Row House residential development. We are excited to re-submit our revised gabled roof design and unit orientation per the direction of the City Council members. We have re-designed 3 of the projects 6 units to be oriented toward the Liberty Square as directed and as not all 6 units would fit into that orientation. We have oriented the other 3 units in the North South direction on Settlers Glen. This allows for optimal use of the lot and creates a well proportioned setting for the two separate buildings with 3 units each and does not crowd all units onto a small section of the property. This also allows for ample additional public parking to contribute to the adjacent businesses and allows users access to the tennis courts, public sidewalks, and bike paths. Please let me know what questions you may have and how we can make this project a success and complete the development of this vacant lot and contribute to the vibrancy of the Liberty development and surrounding community. We have received a tremendous amount of interest in this project, met a market and lifestyle demand, and have potential buyers pending City approval. Sincerely, Todd Konigson Todd Konigson 651.775.0783 konigson32@gmail.com NEWENGLANDPLACEWAYSETTLERS%ENC+0AR.SELE9AT,2NS%ASED2N,N)2R0AT,2NASS+2WN2NAS%8,LTC2NSTR8CT,2NPLANS)2RL,%ERTY2NT+ELA.ERETA,LAREADATEDT2PN8T+YDRANTATT+E,NTERSECT,2N2)SETTLERSWAYANDNEWENGLANDPLACE+ASANELE9AT,2NS+2WN2) 8NDERGR28ND8T,L,T,ESN2TES T+E8NDERGR28ND8T,L,T,ESS+2WN+A9E%EENL2CATED)R20),ELDS8R9EY,N)2R0AT,2NANDE;,ST,NGDRAW,NGST+ES8R9EY2R0A.ESN2G8ARANTEET+ATT+E8NDERGR28ND8T,L,T,ESS+2WNC20PR,SEALLS8C+8T,L,T,ES,NT+EAREAE,T+ER,NSER9,CE2RA%AND2NEDT+ES8R9EY2R)8RT+ERD2ESN2TWARRANTT+ATT+E8NDERGR28ND8T,L,T,ESS+2WNARE,NT+EE;ACTL2CAT,2N,ND,CATEDALT+28G++ED2ESCERT,)YT+ATT+EYAREL2CATEDASACC8RATELYASP2SS,%LE)R20T+E,N)2R0AT,2NA9A,LA%LET+,SS8R9EY+ASN2TP+YS,CALLYL2CATEDT+E8NDERGR28ND8T,L,T,ESG2P+ERSTATE2NECALLL2CATET,C.ETN80%ER S S20E0APSWERERECE,9EDW+,LE2T+ER8T,L,T,ESD,DN2TRESP2NDT2T+EL2CATERE48ESTADD,T,2NAL8T,L,T,ES2)W+,C+WEARE8NAWARE0AYE;,STCALL%E)2REY28D,GTW,NC,TYAREA T2LL)REE GRSKHUSWDWH2QHCDOOE;,ST,NGLEGALDESCR,PT,2N S8R9EYN2TES 2XWORWDL,%ERTY9,LLAGEDFFRUGLQJWRWKHUHFRUGHGSODWWKHUHRIWDVKLQJWRQCRXQW\0LQQHVRWDT,TLEN2TES N2RT+N2T,TLEC200,T0ENTWASPR29,DED2T+EREASE0ENTS0AYE;,STT+ATAREN2TS+2WNDRA,NAGEAND8T,L,TYEASE0ENTSASS+2WN2NT+EREC2RDEDPLATPAR.,NGEASE0ENTSPERD2CN2 SAND8NDERGR28NDWATERSER9,CEANDWATERP,PESPERPLANSPR29,DED%YT+EC,TY2)ST,LLWATERE;,ST2NT+,SPARCELW,T+28TT+E%ENE),T2)ANEASE0ENTC2NCRETES,DEWAL.SAND%,T80,N28SPAT+SANDDR,9EWAYSE;,ST2NT+,SPARCELW,T+28TT+E%ENE),T2)ANDEASE0ENTWERESER9ET+ER,G+TT202D,)YT+,SS8R9EY8P2NRECE,PT2)AC8RRENTT,TLEC200,T0ENTLEGEND8NDERGR28NDELECTR,C8NDERGR28NDCA%LET98NDERGR28ND),%ER2PT,C8NDERGR28NDTELEP+2NE29ER+EAD8T,L,TY8NDERGR28NDGASSAN,TARYSEWERST2R0SEWERWATER0A,N)ENCEC8R%>TYP,CAL@C2NT28RS)28ND02N80ENT,P0AR.EDRLSSET,R2NP,PE0AR.EDRLSN2CA%LET9PEDESTALA,RC2ND,T,2NERELECTR,C0AN+2LEELECTR,C0ETERELECTR,CPEDESTALELECTR,CTRANS)2R0ERL,G+TP2LEG8YW,REP2WERP2LEGAS0AN+2LEGAS0ETERTELEP+2NE0AN+2LETELEP+2NEPEDESTALSAN,TARYCLEAN28TSAN,TARY0AN+2LECATC+%AS,NST2R0DRA,N)LAREDENDSECT,2NST2R00AN+2LE),REDEPTC2NNECT,2N+YDRANTC8R%ST2PWATERWELLWATER0AN+2LEWATER0ETERP2ST,ND,CAT2R9AL9EWATER9AL9E%2LLARD)LAGP2LE0A,L%2;TRA)),CS,GN8N.N2WN0AN+2LES2,L%2R,NGSP2TELE9AT,2NTRA)),CS,GNALC2N,)ER28STREEDEC,D828STREEAREA T2TALAREAASS+2WN S4)TDEN2TESE;,ST,NGACCESSC2NTR2LASS+2WN2NREC2RDPLAT%8,LD,NGL,NE%,T80,N28SS8R)ACEC2NCRETES8R)ACEP,D C2NTACT TRGG.RQLJVRQ== S8R9==E;,ST,NGC2ND,T,2NSC28NTYC,TY RE9,S,2NS PR2-ECTL2CAT,2N LANDS8R9EY,NG,NCC2RNERST2NESXLWH NRUWKZHVWHUQAYHSWLOOZDWHU0NPKRQH GDQ#FVVXUYH\QHWDATERE9,S,2NPR2-ECTN2),LENA0E;;;NEWENGLANDPLACEC,TY2)ST,LLWATERWAS+,NGT2NC28NTY PREL,0,NARY,SS8ECERT,),CAT,2N ,KHUHE\FHUWLI\WKDWWKLVSODQZDVSUHSDUHGE\PHRUXQGHUP\GLUHFWVXSHUYLVLRQDQGWKDW,DPDGXO\LLFHQVHGLDQGSXUYH\RUXQGHUWKHODZVRIWKHVWDWHRI0LQQHVRWDDDQLHOLTKXUPHVRHJLVWUDWLRQNXPEHU DDWH BBBBBBBBBBBBBBBBBB L,%ERTY9,LLAGET+ADD,T,2N%EAR,NGSARE%ASED2NT+EREC2RDEDPLAT2)L,%ERTY9,LLAGE8NDERGR28ND8T,L,T,ESS+2WNPERG2P+ER2NEL2CATESANDAS%8,LTSPLANSPR29,DED%YT+EC,TY2)ST,LLWATERENG,NEER,NGDEPART0ENTT+ERE0AYS20E8NDERGR28ND8T,L,T,ESGASELECTR,CETCN2T DescriptionRev.DateLIBERTY VILLAGETOWNHOMESSTILLWATER, MN107.12.19City CommentsSheet Title:Project #:Drawn By:Checked By:Issue Date:12196123.000TJRMJW06.28.193524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2019 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196123 - Liberty Village Townhouses\C. Design\Drawing Files\12196123 - C100 Demo.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:LIV.WELL DESIGN201 6TH STREET SOUTHSTILLWATER, MN 55082Client:T.J. Rose, P.E.Date: Lic. No.:06.28.1953681I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY NOT FOR CONSTRUCTION0NORTH102040Sheet:REMOVE AND DISPOSE OF EXISTINGBITUMINOUS PAVEMENT SECTIONREMOVE AND DISPOSE OF EXISTINGCONCRETE PAVEMENT SECTIONREMOVE AND DISPOSE OF EXISTINGGRAVEL MATERIALSYMBOL LEGENDSAWCUT, REMOVE, AND DISPOSE OF EXISTING CONCRETE CURBAND GUTTER.1DEMOLITION PLANC100KEY NOTESDEMOLITION NOTES1.Verify all existing utility locations.2.It is the responsibility of the Contractor to perform or coordinate allnecessary utility demolitions and relocations from existing utility locationsto all onsite amenities and buildings. These connections include, but arenot limited to, water, sanitary sewer, cable tv, telephone, gas, electric, sitelighting, etc.3.Prior to beginning work, contact Gopher State Onecall (651-454-0002) tolocate utilities throughout the area under construction. The Contractorshall retain the services of a private utility locator to locate the privateutilities.4.Sawcut along edges of pavements, sidewalks, and curbs to remain.5.All construction shall be performed in accordance with state and localstandard specifications for construction. PROP OSE D BUIL DI N G FFE = 912.25PROPOSEDBUILDINGFFE = 912.2524'36'28.94'24'24'9'27'5'30'35.31' 27'18'18'5.58'9'9'DescriptionRev.DateLIBERTY VILLAGETOWNHOMESSTILLWATER, MN107.12.19City CommentsSheet Title:Project #:Drawn By:Checked By:Issue Date:12196123.000TJRMJW06.28.193524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2019 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196123 - Liberty Village Townhouses\C. Design\Drawing Files\12196123 - C200 Paving.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:LIV.WELL DESIGN201 6TH STREET SOUTHSTILLWATER, MN 55082Client:T.J. Rose, P.E.Date: Lic. No.:06.28.1953681I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY NOT FOR CONSTRUCTION0NORTH102040Sheet:NEW LIGHT-DUTYBITUMINOUS PAVEMENTSEE DETAILNEW LIGHT-DUTYCONCRETE PAVEMENTSEE DETAILSYMBOL LEGENDWHERE APPLICABLE, DIMENSIONS ARE FROMFACE OF CURB TO FACE OF CURB OR FACE OFCURB TO END OF STALL LINE.PAVING PLANC200 PROP OSE D BUIL DI N G FFE = 912.25PROPOSEDBUILDINGFFE = 912.25911.3 TC*911.1 GL*913.25 TC*912.75 GL*912.45 TC911.95 GL912.35 TC911.85 GL912.22 TC911.72 GL912.25 C912.25 C911.87 TC911.37 GL912.57 TC912.07 GL912.06 B911.39 TC910.89 GL912.15 TC911.65 GL912.27 TC911.77 GL911.73 TC911.23 GL911.52 B912.13 TC911.63 GL913.50 TC913.00 GL913.75 TC913.25 GL913.75 TC913.25 GL911.5 TC*911.0 GL*912.3 TC*911.8 GL*912.25 TC911.75 GL912.02 TC911.52 GL911.90 TC911.40 GL913.36 TC912.86 GL912.95 TC912.45 GL912.67 TC912.17 GL912.77 TC912.27 GL912.62 TC912.12 GL909.4 C*912.25 C912.25 C912.25 C909.7 C*909.25 C*DescriptionRev.DateLIBERTY VILLAGETOWNHOMESSTILLWATER, MN107.12.19City CommentsSheet Title:Project #:Drawn By:Checked By:Issue Date:12196123.000TJRMJW06.28.193524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2019 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196123 - Liberty Village Townhouses\C. Design\Drawing Files\12196123 - C300 Grading.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:LIV.WELL DESIGN201 6TH STREET SOUTHSTILLWATER, MN 55082Client:T.J. Rose, P.E.Date: Lic. No.:06.28.1953681I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY NOT FOR CONSTRUCTION0NORTH102040Sheet:GRADING PLANC300PROPOSED CONTOURS - MAJOR INTERVALGRADE BREAK LINEPROPOSED CONTOURS - MINOR INTERVAL949950950EXISTING CONTOURS2.0%950.00 TC949.50 GLGRADE SLOPESPOT ABBREVIATIONS:TC - TOP OF CURBGL - GUTTER LINEB - BITUMUNOUSC - CONCRETEEO - EMERGENCY OVERFLOWTW - TOP OF WALLBW - BOTTOM OF WALL (F/G)(*) - EXISTING TO BE VERIFIEDSILT FENCERIP-RAP / ROCK CONST. ENTRANCEINLET PROTECTIONCONCRETE WASHOUT STATIONLEGEND1.Owner and Contractor shall obtain MPCA-NPDES permit. Contractor shall beresponsible for all fees pertaining to this permit. The SWPPP shall be kept onsiteat all times.2.Install temporary erosion control measures (inlet protection, silt fence, and rockconstruction entrances) prior to beginning any excavation or demolition work at thesite.3.Erosion control measures shown on the erosion control plan are the absoluteminimum. The contractor shall install temporary earth dikes, sediment traps orbasins, additional siltation fencing, and/or disk the soil parallel to the contours asdeemed necessary to further control erosion. All changes shall be recorded in theSWPPP.4.All construction site entrances shall be surfaced with crushed rock across theentire width of the entrance and from the entrance to a point 50' into theconstruction zone.5.The toe of the silt fence shall be trenched in a minimum of 6”. The trench backfillshall be compacted with a vibratory plate compactor.6.All grading operations shall be conducted in a manner to minimize the potential forsite erosion. Sediment control practices must be established on all down gradientperimeters before any up gradient land disturbing activities begin.7.All exposed soil areas must be stabilized as soon as possible to limit soil erosionbut in no case later than 14 days after the construction activity in that portion of thesite has temporarily or permanently ceased. Temporary stockpiles withoutsignificant silt, clay or organic components (e.g., clean aggregate stockpiles,demolition concrete stockpiles, sand stockpiles) and the constructed basecomponents of roads, parking lots and similar surfaces are exempt from thisrequirement.8.The normal wetted perimeter of any temporary or permanent drainage ditch orswale that drains water from any portion of the construction site, or diverts wateraround the site, must be stabilized within 200 lineal feet from the property edge, orfrom the point of discharge into any surface water. Stabilization of the last 200lineal feet must be completed within 24 hours after connecting to a surface water.Stabilization of the remaining portions of any temporary or permanent ditches orswales must be complete within 14 days after connecting to a surface water andconstruction in that portion of the ditch has temporarily or permanently ceased.9.Pipe outlets must be provided with energy dissipation within 24 hours ofconnection to surface water.10.All riprap shall be installed with a filter material or soil separation fabric and complywith the Minnesota Department of Transportation Standard Specifications.11.All storm sewers discharging into wetlands or water bodies shall outlet at or belowthe normal water level of the respective wetland or water body at an elevationwhere the downstream slope is 1 percent or flatter. The normal water level shallbe the invert elevation of the outlet of the wetland or water body.12.All storm sewer catch basins not needed for site drainage during construction shallbe covered to prevent runoff from entering the storm sewer system. Catch basinsnecessary for site drainage during construction shall be provided with inletprotection.13.In areas where concentrated flows occur (such as swales and areas in front ofstorm catch basins and intakes) the erosion control facilities shall be backed bystabilization structure to protect those facilities from the concentrated flows.14.Inspect the construction site once every seven days during active construction andwithin 24 hours after a rainfall event greater than 0.5 inches in 24 hours. Allinspections shall be recorded in the SWPPP.15.All silt fences must be repaired, replaced, or supplemented when they becomenonfunctional or the sediment reaches 1/3 of the height of the fence. Theserepairs must be made within 24 hours of discovery, or as soon as field conditionsallow access. All repairs shall be recorded in the SWPPP.16.If sediment escapes the construction site, off-site accumulations of sediment mustbe removed in a manner and at a frequency sufficient to minimize off-site impacts.17.All soils tracked onto pavement shall be removed daily.18.All infiltration areas must be inspected to ensure that no sediment from ongoingconstruction activity is reaching the infiltration area and these areas are protectedfrom compaction due to construction equipment driving across the infiltration area.19.Temporary soil stockpiles must have silt fence or other effective sediment controls,and cannot be placed in surface waters, including stormwater conveyances suchas curb and gutter systems, or conduits and ditches unless there is a bypass inplace for the stormwater.20.Collected sediment, asphalt and concrete millings, floating debris, paper, plastic,fabric, construction and demolition debris and other wastes must be disposed ofproperly and must comply with MPCA disposal requirements.21.Oil, gasoline, paint and any hazardous substances must be properly stored,including secondary containment, to prevent spills, leaks or other discharge.Restricted access to storage areas must be provided to prevent vandalism.Storage and disposal of hazardous waste must be in compliance with MPCAregulations.22.External washing of trucks and other construction vehicles must be limited to adefined area of the site. Runoff must be contained and waste properly disposedof. No engine degreasing is allowed onsite.23.All liquid and solid wastes generated by concrete washout operations must becontained in a leak-proof containment facility or impermeable liner. A compactedclay liner that does not allow washout liquids to enter ground water is consideredan impermeable liner. The liquid and solid wastes must not contact the ground,and there must not be runoff from the concrete washout operations or areas.Liquid and solid wastes must be disposed of properly and in compliance withMPCA regulations. A sign must be installed adjacent to each washout facility toinform concrete equipment operators to utilize the proper facilities.24.Upon completion of the project and stabilization of all graded areas, all temporaryerosion control facilities (silt fences, hay bales, etc.) shall be removed from the site.25.All permanent sedimentation basins must be restored to their design conditionimmediately following stabilization of the site.26.Contractor shall submit Notice of Termination for MPCA-NPDES permit within 30days after Final Stabilization.EROSION CONTROL NOTESGRADING NOTES1.Tree protection consisting of snow fence or safety fence installed at thedrip line shall be in place prior to beginning any grading or demolitionwork at the site.2.All elevations with an asterisk (*) shall be field verified. If elevationsvary significantly, notify the Engineer for further instructions.3.Grades shown in paved areas represent finish elevation.4.Restore all disturbed areas with X” of good quality topsoil and seed.5.All construction shall be performed in accordance with state and localstandard specifications for construction. PROP OSE D BUIL DI N G FFE = 912.25PROPOSEDBUILDINGFFE = 912.25C.O.SAN MHDescriptionRev.DateLIBERTY VILLAGETOWNHOMESSTILLWATER, MN107.12.19City CommentsSheet Title:Project #:Drawn By:Checked By:Issue Date:12196123.000TJRMJW06.28.193524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2019 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196123 - Liberty Village Townhouses\C. Design\Drawing Files\12196123 - C400 Utility.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:LIV.WELL DESIGN201 6TH STREET SOUTHSTILLWATER, MN 55082Client:T.J. Rose, P.E.Date: Lic. No.:06.28.1953681I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY NOT FOR CONSTRUCTION0NORTH102040Sheet:UTILITY PLANC400CABLE UNDERGROUND LINEFIBER OPTIC UNDERGROUND LINEELECTRIC UNDERGROUND LINEELECTRIC OVERHEAD LINETELEPHONE UNDERGROUND LINESTORM SEWER PIPESANITARY SEWER PIPENATURAL GAS UNDERGROUND LINEWATERMAIN PIPELIGHT POLESTORM MANHOLEFLARED ENDCURB INLETCATCH BASINWATER SHUTOFFGATE VALVE & BOXHYDRANTSANITARY MANHOLEDRAINTILE PIPELEGENDUTILITY NOTES1.It is the responsibility of the contractor to perform or coordinate all necessary utility connections andrelocations from existing utility locations to the proposed building, as well as to all onsite amenities.These connections include but are not limited to water, sanitary sewer, cable TV, telephone, gas,electric, site lighting, etc.2.All service connections shall be performed in accordance with state and local standardspecifications for construction. Utility connections (sanitary sewer, watermain, and storm sewer)may require a permit from the City.3.The contractor shall verify the elevations at proposed connections to existing utilities prior to anydemolition or excavation.4.The contractor shall notify all appropriate engineering departments and utility companies 72 hoursprior to construction. All necessary precautions shall be made to avoid damage to existing utilities.5.Storm sewer requires testing in accordance with Minnesota plumbing code 4714.1109 wherelocated within 10 feet of waterlines or the building.6.HDPE storm sewer piping shall meet ASTM F2306 and fittings shall meet ASTM D3212 jointpressure test. Installation shall meet ASTM C2321.7.All RCP pipe shown on the plans shall be MN/DOT class 3.8.Maintain a minimum of 7 ½' of cover over all water lines and sanitary sewer lines. Where 7 ½' ofcover is not provided, install 2” rigid polystyrene insulation (MN/DOT 3760) with a thermalresistance of at least 5 and a compressive strength of at least 25 psi. Insulation shallbe 8' wide, centered over pipe with 6” sand cushion between pipe and insulation. Where depth isless than 5', use 4” of insulation.9.Install water lines 12” above sewers. Where the sewer is less than 12" below the water line (orabove), install sewer piping of materials approved for inside building use for 10 feet on each side ofthe crossing.10.All watermain piping shall be class 52 ductile iron pipe unless noted otherwise.11.See Project Specifications for bedding requirements.12.Pressure test and disinfect all new watermains in accordance with state and local requirements.13.Sanitary sewer piping shall be PVC, SDR-35 for depths less than 12', PVC SDR-26 for depthsbetween 12' and 26', and class 52 D.I.P. for depths of 26' or more.14.A structure adjustment shall include removing and salvaging the existing casting assembly,removing existing concrete rings to the precast section. Install new rings and salvaged casting toproposed grades, cleaning casting flange by mechanical means to insure a sound surface andinstall an external chimney seal from casting to precast section. Chimney seals shall be Infi-ShieldUni-Band or an approved equal. BUILDING AREAS:First Floor= 212 SFSecond Floor= 630 SFThird Floor= 630 SF___Total Square Foot= 1,462 SFGarage= 396 SFDecks= 108 SFTotal Footprint= 1,925 SFLiberty Row Houses for Livwell.design Stillwater, Mn.A0Date:6-27-19 gk DESIGN new and remodeled home design and drafting services Gene Klatt ph:(612)986-2262 e-mail: klattgr1@gmail.comsheetLiberty Row Housesfor Livwell.designStillwater, Mn. Liberty Row Houses for Livwell.design Stillwater, Mn.A4Date:6-27-19 gk DESIGN new and remodeled home design and drafting services Gene Klatt ph:(612)986-2262 e-mail: klattgr1@gmail.comsheet1A4FRONT ELEVATION316"=1'-0"2A4SIDE ELEVATION18"=1'-0"3A4BACK ELEVATION18"=1'-0"4A4SIDE ELEVATION18"=1'-0" 7'-6"8'-2"2'-4"2'-4"8'-2"7'-6"2'-4"8'-2"7'-6"18'6"18'6"18'314"17'-1134"18'-6"17'-1134"314"55'22'5'-21 4"3'-33 4"4'-6"35'2'-1114"7'-634"5'-2"2'-4"2'-4"5'-2"7'-512"3'-012"2'-4"5'-2"7'-634"2'-1114"10'-6"7'-6"7'-6"10'-6"7'-6"10'-6"18'6"18'6"18'22'8'-6"4'-6" 35'4'-314"5'-1012"3'-1012"3'-1134"3'10' 5'-83 4"31 4"6'2x6PowderMech.GarageEntryOfficeupUnit AUnit BUnit Csee unit A for allinterior walls and notessee unit A for allinterior walls and notesfurnaceD1W1 KEY:=door key=window key=note key=detail key=new 2x_ wood framed wall -see wall types=New 8" C.M.U. foundation wall11A2DOOR SCHEDULEMARKSIZENOTESD11'-6" x 6'-8"interior doorD22'-4" x 6'-8"interior doorD32'-6" x 6'-8"interior doorD42'-8" x 6'-8"interior doorD52'-8" x 6'-8"interior pocket doorD6(2)2'-6" x 6'-8"pair sliding doorsD73'-0" x 6'-8"garage service doorD83'-0" x 6'-8"20 min. doorD93'-0" x 6'-8"front entry doorD106'-0"x6'-8"sliding glass doorsD119'-0"x8'-0"overhead garage doorWINDOW SCHEDULEMARKSIZETYPEW130"x24"awning/fixedW260"x24"awning/fixedW372"x24"awning/fixedW460"x48"awning/fixedW530"x48"casement -egressW636"x48casementW736"x60"casement* ALL windows noted are a guide. Verifywith owner actual size and type to be used.WALL TYPES:Typical exterior wall construction:-siding (by owner)-house wrap-12" O.S.B. sheathing-2x6 studs @ 16" O.C.-R-21 batt. insulation-6 mil poly vapor barrier-(1) layer 12" gyp. bd.Typical exterior garage wall construction:-siding (match existing)-house wrap-12" O.S.B. sheathing-2x6 studs @ 16" O.C.-R-21 batt. insulation-6 mil poly vapor barrier-(1) layer 12" gyp. bd.Typical garage to house wall construction:-(1) layer 58" type "x" fire rated G.B. on garage side-2x6 studs at 16" O.C. (non-bearing)-R-21 batt. insulation-6 mil poly vapor barrier-(1) layer 12" gyp. bd on house sideTypical 2 hour party wall construction:-(2)layers 58" type "x" fire rated G.B.-2x4 studs at 16" O.C.-sound insulation-(2)layers 58" type "x" fire rated G.B.Typical interior wall construction:-(1) layer 12" gyp. bd.-2x4 studs at 16" O.C. (non-bearing)-2x4 studs @ 16" O.C. (bearing walls at 2 hour fire wall)-2x6 studs @ 16" O.C. (plumbing wall)-(1) layer 12" gyp. bd.Typical foundation wall:-8" poured concrete wall-2" rigid insulationFloor Plan General Notes:·Verify all final window and door sizes and types with owner.·All kitchen and bath cabinets and appliances by owner.·All interior and exterior finishes by owner.·All dimensions are from the face of foundation walls or exteriorwall sheathing and to the center of interior walls, windows anddoors.·Verify with owner HVAC type and any duct placement. Mayneed soffits or chases.·See wall types for new wall construction.·See also building sections for framing and other notes..·Provide smoke and carbon monoxide detectors to code.Floor Plan Numbered Notes:1.2 hour fire wall between units. See also wall types.2.Decorative stair railing, 36" high.3.Provide 34"-38" high handrail at one side of stairs.4.Closet rod and shelf.5.Linen shelving.6.Recessed cabinet in chase to fit above vanity.7.Tall linen cabinet.8.36"x60" tile or pre-fab. shower -by others.9.5' tub.10.36"x21" vanity.11.72"x21" double vanity.12.Provide sound insulation in mechanical room walls.13.Other utilities to go under stairs in garage. Verify locations.14.36" gas fireplace. Verify vent locations.15.Verify size needed for mechanical ducts.16.Verify final kitchen layout. Sizes given are a guide.17.6' high dividing walls between units -2x4 wall w/ exterior wallfinish.18.Stacked washer/dryer -by owner.19.Attic access. Verify location with owner.Liberty Row Houses for Livwell.design Stillwater, Mn.A1Date:6-27-19 gk DESIGN new and remodeled home design and drafting services Gene Klatt ph:(612)986-2262 e-mail: klattgr1@gmail.comsheet1A1FIRST FLOOR PLAN 14"=1'-0"D9W7D8D2D5W5D11D7W5W5W7D9D9D8D8D11D11D7D71123101213 3'-6"3'-6"5'-012"8'-712"4'-4"4'-4"8'-10"4'-10"4'-4"8'-712"5'-012"18'6"18'6"18'18'-3"18'-6"18'-3"55'16'-6"3'-6"7'3'-6"4'-6"35'6'1'-6"5'-514"6'-1112"2'-914"2'-10"12'-434"5'-714"2'-10"9'-712"5'-612"2'-10"9'-834"5'-514"18'6"18'6"18'16'-6"14'4'-6" 35' 9'-11"12'-6"12'-7" 6'-23 4"3'-10"3'-512"2x6 PowderLivingRoomKitchenDining36" sink36"L.S.24" D.W.12"30" range36" refrig.12"36"42"18" tall cab.updownUnit AUnit BUnit Csee unit A for typicalinterior walls and notessee unit A for typicalinterior walls and notes1A71A81A6D1W1 KEY:=door key=window key=note key=detail key=new 2x_ wood framed wall -see wall types=New 8" C.M.U. foundation wall11A2DOOR SCHEDULEMARKSIZENOTESD11'-6" x 6'-8"interior doorD22'-4" x 6'-8"interior doorD32'-6" x 6'-8"interior doorD42'-8" x 6'-8"interior doorD52'-8" x 6'-8"interior pocket doorD6(2)2'-6" x 6'-8"pair sliding doorsD73'-0" x 6'-8"garage service doorD83'-0" x 6'-8"20 min. doorD93'-0" x 6'-8"front entry doorD106'-0"x6'-8"sliding glass doorsD119'-0"x8'-0"overhead garage doorWINDOW SCHEDULEMARKSIZETYPEW130"x24"awning/fixedW260"x24"awning/fixedW372"x24"awning/fixedW460"x48"awning/fixedW530"x48"casement -egressW636"x48casementW736"x60"casement* ALL windows noted are a guide. Verifywith owner actual size and type to be used.WALL TYPES:Typical exterior wall construction:-siding (by owner)-house wrap-12" O.S.B. sheathing-2x6 studs @ 16" O.C.-R-21 batt. insulation-6 mil poly vapor barrier-(1) layer 12" gyp. bd.Typical exterior garage wall construction:-siding (match existing)-house wrap-12" O.S.B. sheathing-2x6 studs @ 16" O.C.-R-21 batt. insulation-6 mil poly vapor barrier-(1) layer 12" gyp. bd.Typical garage to house wall construction:-(1) layer 58" type "x" fire rated G.B. on garage side-2x6 studs at 16" O.C. (non-bearing)-R-21 batt. insulation-6 mil poly vapor barrier-(1) layer 12" gyp. bd on house sideTypical 2 hour party wall construction:-(2)layers 58" type "x" fire rated G.B.-2x4 studs at 16" O.C.-sound insulation-(2)layers 58" type "x" fire rated G.B.Typical interior wall construction:-(1) layer 12" gyp. bd.-2x4 studs at 16" O.C. (non-bearing)-2x4 studs @ 16" O.C. (bearing walls at 2 hour fire wall)-2x6 studs @ 16" O.C. (plumbing wall)-(1) layer 12" gyp. bd.Typical foundation wall:-8" poured concrete wall-2" rigid insulationFloor Plan General Notes:·Verify all final window and door sizes and types with owner.·All kitchen and bath cabinets and appliances by owner.·All interior and exterior finishes by owner.·All dimensions are from the face of foundation walls or exteriorwall sheathing and to the center of interior walls, windows anddoors.·Verify with owner HVAC type and any duct placement. Mayneed soffits or chases.·See wall types for new wall construction.·See also building sections for framing and other notes..·Provide smoke and carbon monoxide detectors to code.Floor Plan Numbered Notes:1.2 hour fire wall between units. See also wall types.2.Decorative stair railing, 36" high.3.Provide 34"-38" high handrail at one side of stairs.4.Closet rod and shelf.5.Linen shelving.6.Recessed cabinet in chase to fit above vanity.7.Tall linen cabinet.8.36"x60" tile or pre-fab. shower -by others.9.5' tub.10.36"x21" vanity.11.72"x21" double vanity.12.Provide sound insulation in mechanical room walls.13.Other utilities to go under stairs in garage. Verify locations.14.36" gas fireplace. Verify vent locations.15.Verify size needed for mechanical ducts.16.Verify final kitchen layout. Sizes given are a guide.17.6' high dividing walls between units -2x4 wall w/ exterior wallfinish.18.Stacked washer/dryer -by owner.19.Attic access. Verify location with owner.Liberty Row Houses for Livwell.design Stillwater, Mn.A2Date:6-27-19 gk DESIGN new and remodeled home design and drafting services Gene Klatt ph:(612)986-2262 e-mail: klattgr1@gmail.comsheet1A2SECOND FLOOR PLAN 14"=1'-0"D2W7D10W7W6W1W5W2W4W5W5W5W7W7W6W6D10D10W2W4W2W4W1W5W1W51231014151617117 WD5'-514"5'-1"3'-7"3'-1034"10'-614"7'-534"3'-1034"8'-634"5'-612"3'-1034"8'-8"5'-514"18'6"18'6"18'55'7'-01 2"6'-81 4"2'-41 2"5'-2"6'-81 4"7'-01 2"13'-83 4"7'-61 2"13'-83 4"5'-514"5'-1"5'-412"2'-114"10'-614"7'-534"12'-512"5'-612"12'-634"5'-514"18'6"18'6"18'7'-01 2"20'-11"7'-01 2" 35' 6'-3"2'-73 4"4'-10"3'-101 2"3'-51 2"2'-11 2"8'-41 2"3'-51 4"7'-134"3'-412"1'-912"5'-814"3'-6"3'-1134"bedrooms and closetsin middle unit are 212"wider than end units doto 2x4 wall versus 2x6exterior wall212"10'-614"2x62x6 2x6 2x6Bedroom 1Bedroom 2BathHallW.I.C.BathdownUnit AUnit BUnit Csee unit A for typicalinterior walls and notessee unit A for typicalinterior walls and notesD1W1 KEY:=door key=window key=note key=detail key=new 2x_ wood framed wall -see wall types=New 8" C.M.U. foundation wall11A2DOOR SCHEDULEMARKSIZENOTESD11'-6" x 6'-8"interior doorD22'-4" x 6'-8"interior doorD32'-6" x 6'-8"interior doorD42'-8" x 6'-8"interior doorD52'-8" x 6'-8"interior pocket doorD6(2)2'-6" x 6'-8"pair sliding doorsD73'-0" x 6'-8"garage service doorD83'-0" x 6'-8"20 min. doorD93'-0" x 6'-8"front entry doorD106'-0"x6'-8"sliding glass doorsD119'-0"x8'-0"overhead garage doorWINDOW SCHEDULEMARKSIZETYPEW130"x24"awning/fixedW260"x24"awning/fixedW372"x24"awning/fixedW460"x48"awning/fixedW530"x48"casement -egressW636"x48casementW736"x60"casement* ALL windows noted are a guide. Verifywith owner actual size and type to be used.WALL TYPES:Typical exterior wall construction:-siding (by owner)-house wrap-12" O.S.B. sheathing-2x6 studs @ 16" O.C.-R-21 batt. insulation-6 mil poly vapor barrier-(1) layer 12" gyp. bd.Typical exterior garage wall construction:-siding (match existing)-house wrap-12" O.S.B. sheathing-2x6 studs @ 16" O.C.-R-21 batt. insulation-6 mil poly vapor barrier-(1) layer 12" gyp. bd.Typical garage to house wall construction:-(1) layer 58" type "x" fire rated G.B. on garage side-2x6 studs at 16" O.C. (non-bearing)-R-21 batt. insulation-6 mil poly vapor barrier-(1) layer 12" gyp. bd on house sideTypical 2 hour party wall construction:-(2)layers 58" type "x" fire rated G.B.-2x4 studs at 16" O.C.-sound insulation-(2)layers 58" type "x" fire rated G.B.Typical interior wall construction:-(1) layer 12" gyp. bd.-2x4 studs at 16" O.C. (non-bearing)-2x4 studs @ 16" O.C. (bearing walls at 2 hour fire wall)-2x6 studs @ 16" O.C. (plumbing wall)-(1) layer 12" gyp. bd.Typical foundation wall:-8" poured concrete wall-2" rigid insulationFloor Plan General Notes:·Verify all final window and door sizes and types with owner.·All kitchen and bath cabinets and appliances by owner.·All interior and exterior finishes by owner.·All dimensions are from the face of foundation walls or exteriorwall sheathing and to the center of interior walls, windows anddoors.·Verify with owner HVAC type and any duct placement. Mayneed soffits or chases.·See wall types for new wall construction.·See also building sections for framing and other notes..·Provide smoke and carbon monoxide detectors to code.Floor Plan Numbered Notes:1.2 hour fire wall between units. See also wall types.2.Decorative stair railing, 36" high.3.Provide 34"-38" high handrail at one side of stairs.4.Closet rod and shelf.5.Linen shelving.6.Recessed cabinet in chase to fit above vanity.7.Tall linen cabinet.8.36"x60" tile or pre-fab. shower -by others.9.5' tub.10.36"x21" vanity.11.72"x21" double vanity.12.Provide sound insulation in mechanical room walls.13.Other utilities to go under stairs in garage. Verify locations.14.36" gas fireplace. Verify vent locations.15.Verify size needed for mechanical ducts.16.Verify final kitchen layout. Sizes given are a guide.17.6' high dividing walls between units -2x4 wall w/ exterior wallfinish.18.Stacked washer/dryer -by owner.19.Attic access. Verify location with owner.Liberty Row Houses for Livwell.design Stillwater, Mn.A3Date:6-27-19 gk DESIGN new and remodeled home design and drafting services Gene Klatt ph:(612)986-2262 e-mail: klattgr1@gmail.comsheet1A3THIRD FLOOR PLAN 14"=1'-0"W1W5W2W4D2W1W5W2W4W2W4W2W4W2W4W2W4W1W5W1W5W1W5W1W5D2D2D1D3D6D4D3W3W3W3W3W5W5W51234456789101118191 NEWENGLANDPLACEWAYSETTLERS%L2C.PR2P2SED DRA,NAGEAND8T,L,TYEASE0ENTPR2P2SED DRA,NAGEAND8T,L,TYEASE0ENTE;,ST,NG%,T80,N28ST2%EC29ERED%YANEASE0ENT,NT+EDE9EL2PERSAGREE0ENTE;,ST,NGS,DEWAL.T2%EC29ERED%YEASE0ENTW,T+,NT+EDE9EL2PERSAGREE0ENTE;,ST,NG8NDERGR28NDWATER0A,N)AC,L,T,EST2%EC29ERED%YANEASE0ENT,NT+EDE9EL2PERSAGREE0ENTE;,ST,NGPAR.,NGAGREE0ENTT2%E02D,),ED%YDE9EL2PERSAGREE0ENTPR2P2SED DRA,NAGEAND8T,L,TYEASE0ENTPR2P2SED DRA,NAGEAND8T,L,TYEASE0ENTPR2P2SED DRA,NAGEAND8T,L,TYEASE0ENT E;,ST,NGS,DEWAL.T2%EC29ERED%YEASE0ENTW,T+,NT+EDE9EL2PERSAGREE0ENT L2TL,NEC2002NWALLL2TL,NEL2TL,NEL2 T L , N E D E C . 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REARSET%AC. S,DESET%AC. NA; 0A;C29ERAGE 0A;+T T2TALPARCELAREA S4)TACRESE;,ST,NGWETLANDS N2NEPR2P2SEDNEWP8%L,CR,G+T2)WAY N2NESL2PESGREATERT+AN N2NEPR2P2SEDRES,DENT,ALL2TS PR2P2SEDC2002NL2T L2T C2002NL2TL2T L2T L2T L2T L2T L2T E;,ST,NGPAR.,NGAGREE0ENTT202D,),ED%YDE9EL2PERSAGREE0ENTE;,ST,NGS,DEWAL.S%,T80,N28SAND8NDERGR28NDWATER0A,N)AC,L,T,EST2%EC29ERED%YANEASE0ENTSPEC,),ED,NT+EDE9EL2PERSAGREE0ENTC2002NL2TC2002NL2TN2SCALE PREL,0,NARYPLAT PREL,0,NARYPLAT CITY COUNCIL STILLWATER CITY HALL In Re: The Liberty of Stillwater RESOLUTION NO. 98-38A CITY OF STILLWATER WASHINGTON COUNTY 1) PRELIMINARY PLAT AP PROV AL SUB 97-71 2) PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL SUB/97-70 WHEREAS, the City Council, finds that the application on file for the request is complete and that all submitted requirements have been met; that due and proper public notice has been mailed and published and that the procedural and substantial requirements of law have been met. After due and careful consideration of the application, after considering the comments of the public, both written and that represented at the public hearings, the City Council hereby resolves as follows: 1. That preliminary plat approval and ·preliminary planned unit development approval are hereby given, subject to the following conditions of approval: 1. A Fore st Management Plan for the Liberty Woodlands must be prepared with City review and approval by a qualified forester. The plan shall describe measures that can be taken . by the developer and new homeowner to protect the woodland. 2. All trails must be 8 feet bituminous pathways and installed as part of Phase I subdivision improvements. 3. Street trees and site landscaping must be installed as phased subdivision occurs or as public improvements are made. 4. Street crossings along Liberty Parkway, Liberty A venue, Rutherford Road, Pioneer Place and Settlers Way must be paved with concrete or marked in some other way acceptable to the City. 5. Boulevard areas and front yards must be sodded. ' '' I ~ . • • 20. The City's Design Guidelines for Phase I expansion area development must be used by the City staff and Planning Commission in reviewing final Planned Unit Development Plans. 21. The City and Developer must implement the AUAR Mitigation Plan regarding storm water runoff and natural area protection (protection of oak forest from oak wilt). 22. All lot building envelopes except for four as shown on the concept PUD plans must meet slope setback requirements. 23. The Echo Greens development area must be restudied before final Phase III PUD approval to see if a residence can reduce tree removal, minimize wetland impacts and reduce grading and land alterations. 24. Final landscape plans must be submitted as a part of final PUD approval showing private landscaping in additional to street trees. 25. The subdivision improvement plans road, sidewalk and utilities must be reviewed by a forester to minimize impacts to trees. 26. Comments from the City Engineer in his memo of 1-23-98 must be addressed before Phase I preliminary plat approval. 27. Street and access issues raised in Glen Van Wormer's letter of 1-27-98 must be addressed before final plat approval. 28. Before Phase II PUD and subdivision approval, the Phase I project design must be . reviewed to see if the design guidelines desired effect is achieved or design guidelines or zoning modifications are needed. 29. Subdivision improvements must be reviewed by a forester to minimize the impact to trees. 30. Private open space restrictions prohibit tree cutting except as permitted in the approved Forest Management Plan .. 3 I. Wider tree preservation easements shall be provided along the back of the lakeshore lots from the current 90-foot width to a maximum 170 feet through deed restrictions. 3 I " -~ . . The applicant must evaluate possible soil erosion impacts and development visibility from public waters before applying for a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation . .Ao Enacted by the City Council of the City of Stillwater this 3 day of ::fJv,., A & , 1998. CITY OF STILL WATER ATTEST: rliWeldon, Clerk 4 RESOLUTION NO. 2003-86 A RESOLUTION GRANTING PLANNED UNIT DEVELOPMENT (PUD) CONCEPT APPROVAL FOR LIBERTY VILLAGE WHEREAS, at a regular meeting of the City Council held on April 15, 2003 at 7:00 p.m. in the Council Chambers of the City of Stillwater, Minnesota ("City"), the Council met to consider the original Planned Unit Development permit for the Liberty Development included a village commercial center at the intersection of County Roads 15 and 12 and, in furtherance of that designation, the area was zoned Village Commercial and design guidelines were adopted and included as part of the Orderly Annexation Agreement between the Town of Stillwater and the City of Stillwater, dated August 16, 1996; and WHEREAS, the Developer applied for PUD concept approval for the design of the entire 11.87 acre Village Commercial District and the Director of the Planning Commission determined that the application was complete; and WHEREAS, the Planning Commission held a public hearing on the concept approval on March 17, 2003, and thereafter the Joint Board, comprising members of the Town of Stillwater and the City of Stillwater, reviewed the application at a public hearing held on April 2, 2003 and both the Planning Commission and the Joint Board unanimously approved the application for PUD concept approval; and ' WHEREAS, the City Council of the City of Stillwater opened the public hearing and heard testimony on the application and thereafter closed the hearing and adopted the following resolutions: 2003. 1. That Planned Unit Development concept approval is hereby granted for 11.87 acres of the Village Commercial District located in the Village Commercial Zoning District on the southeast comer of County Road 15 and 12, subject to the following conditions. a. that the Village Commercial design guidelines, land use and parking standards must be used to guide future final Planned Unit Development lot development with regard to each use. b. that a Special Use Permit, as well final PUD permit approval, must be obtained so as to permit design review for each individual lot. Adopted by affirmative vote of all members of the City Council this 15th day of April, I o 2001. Westwood Pro'-lonal Senlces. Inc. I ) j I \ \ I I ,: I I I I I I 11 11,1 I I \ I ''d I I I :) () I -~ -~-I () r::! I ::> C) I , ___ .... ,,__...,....,_.,_.., 1-... ~ ..... ,_ • ..,...._laad....,_ _..,_., ... _.,_ :/5&-............. < ... _________________ _ -. 1/24/0'& ..... '------------------------ ('4 I 1!!!11!!1:t m -l!!l Rl!!!!li lm!llD! """"1lla!!ll!e:l!Ji- co ', I Prepuedd,ntractor Property Developers Company n. Quadrant BaflcllJlg 1IOO Northland arde Suite 108 Mhme&polfs, Mlzuiaota 55428 CoD 48 Hours before cllgglng: GOPHER STAlE ONE CALL Twin City Area 651-~ Mn. Toll Fn,e 1-II00-252-1166 LEGAL DBSCRIP'110N That part af OuUot G, UBE:RTY ON THE: LAI<£, lyfng norlhwnterty af UBERTY ON THE I.AKE 57H Al)OTION, and westerly of UBERTY. ON 7HE LAKE 2ND ADDITION, all according to the recorded plats thereof, WashlngtOl'I County. llinnesoto. And · Outtot 0, said UBERTY ON TH£ £AK£ 2ND ADDITION And . OuUot .A. said UBERTY ON TH£ £AK£ 5TH ADDITION l>BVBLOl'MBNTDATA Site Area 11.87:1: ac. Exlatfng Zonfng ltltLAGE' COMMERCIAL Rood Right-of-Way -Public Streets 1.26 QC, Street dimensions listed reference bock of curb. J>BVllLOl'IIII: Contractor Property Developers Company 7100 Northland Circle Suite 108 Minneapolis, Mn 55428 (763) 971-0477 l'LANNIIIIIIINGVBYOII: Westwood Professional Services, Inc. 7599 Anagram Drive Eden Prairie, MN. 55344 (612) 937-5150 NOT& The lot dimensions and areas on this plan are approximate. Refer to the Final Plat and supporting data for exact lot dimensions ond areas. LBGBND Concrete CUrb & Gutter = Concrete Sidewalk '-J.. J.. ) Edge of Woods S-2 200ft!I< 2001111•PPPI.OWG Date l/24/03 Liberty Village Liberty on the Lake Stillwater, Mbmaota Preliminary Plat I 1h,d~IJJ.l4 ~I~,')~ Pf/f:> 0) co I\) (£) - ;.:o X -I ...... 3 m 0 u) '-0 01 0 u) I-' 0) 4 BUILDING 5 ··-· ·--- BUILDING 6 .. .. ····- BUILDING 7 ~·-~ llUILDING 8 Liberty Village totals 4159 1~·-965 806 OHIO, ,~l(VICI', l'IWf[SSIONAI, RFTAll. Hf.STAURANT. Dl:t I, PJ.16. \VITM llt<.'I\ & olllf \VAlK UltlJNG OPTIONS OHICC, $[R\'JCC, \'1/0fF~SIO,'JAI, l(~T.All,1 ,\l',\la~lfNT OP"fl0,\S • • • • orrtcE, srnvicc, l'!Wri:5510NAL, HI'. Lill, AJ'ARnlC·\T or, 10~:s llHlC~, SEnl'lct, l'IWHSSlONAI, \'l'··<rfrfrrl DI\Y Cr\HE, Al',\RTMENT 01'1 IONS . • na } 6,200 na na 2,080 +-9300 na na 2400 2,800 4,120 15,166- 18,295 4,850 5,458 4,160 2,400 to 4800 7,500 (TO 11,400) 43,654 ... 53,083w fiEQlJIRED RtOUIRED PM\KINC, PAt,Klr!ti l't,nKll,'Cl rAnKII JG SPAGES RATIOS RATIOS SPACES PROVIDHl PROVIDEO ~~~, pllg.:~~-· 20 20 5.6:1 o:'er1icM~=a ·::.::,~ .. speca.lopert'rlenl. R ... 71 .7:1 to 4T mix of retan, office & pot. res. 24 24 5:1 10: 1 54 58 11.6 :1 20 22 5.3 :1 24 24 5: 1 38 38 5:1 to 3.33: 1 251 262 total ..,aces to1al spaces w NOTES: ·1. Square Footages are based on Liberty ViUage Concept stte Plan and Prellm. Plat ana may vary at final slta plan and final building plan approval application. (£) 2.Part<lng raltos !or anticlpaled uses wUJ conlorm to above City. required amounls: Iha mosl restrictive rallos being !he retail ratio al 5:1 and reslauranl at 10:1. potenllally adjusled by "prool ol I patklng• requlremcnls of speclllc owner/operators. Where office and/or residential uses are planned. a melhOd acceplable to Ille City, oJ restrk:tlng Ille portions ol bUlldlngs. (or whole bUJfd. LIBERTY VILLAGE ings) so designsled, wiJJ be part ol !he final approval Areas ol main Door and upper lloor(s) can calculaled using applicable parking ralio(s). PARKING DATA 3. Parking rallos are conservative. lor Jhey apply (per City standards) to gross noor areas, llOI net lloor area!!. MARC l'U'l:MAN, 4. Pnrklng space quantHles and ratios include on,slrecl spaces shown on the slte plans. Uberly ViUage Is a stand-alone VJUage Commercial area. Sharing ol parldng spaces Is antJclpaled L. ARCH. be!ween oommerclal users. employees, park usetS and resklenJs (ll upper level residential uses are provided). Building B will be Jlmtted to oNJce, day care (wnhln covenant restrk:llons), and PU}?t~~t?NJgf potential upper level residenllal May-Aug. llmllatlons on hours ol operallon may be pul In place as needed, to provide sufflclenl week end parking spaces for City Park users. Employee park· Ing wJU be deslgnaled. and enlorced and shaD not use any on-street parking spaces. 5. Fina! site plans may be rellned to Include added parking spaces, and/or future polenlial, addlional spaces via diagonal parl<lng, added relalning walls, elc. Such relinemen!s mus) meet inlenl oJ Ar~httectural Guidelines and recle\re Archftectural Review CommlHee and Archffectwal Conlrol CommUlee approval before CHy Applications. 2·6-2001, 2·26·2003 6. Purthase egreemenl clauses and "Liberty ViUage Business Operators Assoclatton· covenants and/or gulcletines wto Identity muluat use agreements covering parking spaces, openspace use, REV. March s, 2003 matntenonce obllgallons and Ctty-Assoclallon maintenance and use responslbllttles. park reservallon mechanisms. etc. 'f-5-0.) -· '.3: CII , 0 U1 0 w 0 .i,. 0 0 ,, -u C ct 3 CII :, -u I-' CII :, :, .... :, O'q II" t:1 ID Ill .... O'q :, " .... CTI I w ro .... I m ro l\l (0 ,, l\l ri ... _·_ :' . ,_e e ' .. . --.,. . . Exhibit "E" Country Village Architectural and Site Design Guidelines · Goal: . .... .. . Create high~qi.Jality country vill~ge consisting of country store wjth - fuel, country school (daycare) and other village scale professional -- services. The building shall .have a related though not identical village residential character. · Architectural Style: Gable roofs are preferred . .Architectural detailing should be consistent with the style of the structure selected. Materials: Building Design: 9anopies: Building _ 9rientation: Brick, stone, painted or natural architectural cedar or red wood siding are to be used as exterior materials or high grade reduced · maintenance materials that will achieve the same exterior · appearance goals as natural materials may be used. The roofing shall be heavier weight asphalt shingles or cedar shingles or high-grade reduced maintenance materials that will achieve the same exterior appearance goals as the natural materia_ls may be used. . : . No franchise or prototypical commerciat'building design shaUbe allowed. The village area shall have a unique rural character related to its surroundings: Pump area canopies shall be of a subdued design consistent with the building design and materials. Any under-canopied lighting , · ... ~ . : shall be recessed and not show the light source from off the servi~ . _ area. _ The _cc:>untry village wiU_l:>e visually. and functionally c~nne~e9J9=~~;;;c,J;"'·· ~.,. : .. -. -: the _immediate oetghborliood~ be access.il?!~~~.r!~~yi~u~!I¥)~f~~!~{;!ti)~·\ :. -prominent from County Road 12 and 15~--:·· ... -· .. : .. _.: .~, ... · ,,~ .. ,;.._,,,.,.;,"·'~·.,.,,:.,:,,;,,....:...~"-'-.::.... ... -.. ·' _-<, -_ .. Buflding Setback: -50' from County Road 12 or 15 Parking or paved . · Streets or Driveways: .· .; : . Lot coverage: .· .... , . •s. -• ~ . 20' from public right ·of way for County Road 12 or 15 {if beriri~o-, and landscaped) · · - \• · . .-, ..... ; ~ · 60 perce.nt maximum building and ha_rd surface coverage._ .. · - EXHIBIT I E .. ~-··,· ------~~=====~---~- .. r • '"!":·_. .... . .... . . . .. • • Building Height 35' to gable peek Road and Parking Configuration: "fhe preferred configuration !s one of curved and angled ofientation · ·· La~ciscaping:-· · · ·. 40 percent minimum of the land area s~all be in permanent . :. · · · maintained landscaping, open spaces arid natural wetlands~ Screening: Signage: UtiUties: · ' ·._~:>:. ·. Lighti~ii:_;)< . ' ,;•• T :7~·:~~;~ir~: ;,;./ .:·' ) }{,tt=,:'t~ . . ·•.. .-... ~-;: ·. ~-~ . -. }fif f.itE . ,,;Iii: Areas around building shall be planted with hearty species of deciduous and coniferous ttock and should assists in blocking sight lines of parking facilities and highlight attractive architectural features in a landscaped setting. · · · Parking areas that c.an be viewed from adjacent roads or residential areas shall be screened with a combination of deciduous and coniferous planting and berming. Commercial signs are to be placed on linear walls, coq,posed of. ·the same materials and bearing a similar design theme to the building being identified. Interchangeable tenant identification will be provided but if internally lit must show lit letters only, not letter backgro·unds .. Preferred build,og· identity signage is by cut out·. letters of durable materials, mounted on the above mentioned · . · · · walls, lit with internal backfacing lighting or reflective lighting from ground, wall or tree mounted spots. Spot lights must not provide glare to adjacent roadways or perimete"r residential uses. Identity monument type freestanding country village signs without tenant identification consistent with the village design and material may be allowed along County Road 12 and 15 and at the residential roadway entrance. · All utilitie~ will be underground and .HVAC equipment will be screened from view. Roof mounted units will be screened via roc;>f . . . configuraUon, wait ~)den~iolis e~ther vertipal or.horizontal. --AIIJt!is · ~;. areas shall be completely enclosed and screened from view by-a .. structure of a design compatible in design to village building and.·· : _ ·:. perimeter landscape. · · · · Site lighting selected to minimize visibility and glare from reside.ntial _ : . • areas. Overall site light levels will be achieved by a blend of. · " streets and parking lights not to exceed 20' 1n height. Walkway -·.· . . ... lighting, building lighting, site amenity, sign lighting and veget~~J9E1..,;? i,:··-:.:.-,X'= _ lighting shall be reviewed to make sure it is compatible with th_f!(,:~t:;:;ft="i;/\; __ residentjal quality of the neighborhood. · · :::'.·~'··'".:"f/?i'·'·,:/·,-·• · . -..... , · ··-;::.(;i/)Ef·;{:.\\~ ~---.. -· a.1·--...... .. \\f}~~;)N~~r\\ / RESOLUTION NO. 2019- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR BIRCHWOOD LANDING CASE NO. 2019-36 WHEREAS, Todd Konigson has submitted an application for approval of an two-lot, six-unit residential preliminary plat known as LIBERTY VILLAGE 5TH ADDITION; and WHEREAS, the subject property is legally described as: Lot D, Liberty Village WHEREAS, on July 24, 2019 the Planning Commission held a public hearing on the conceptual PUD amendment, special use permit, and preliminary plat and on a unanimous vote recommended that the City Council conditionally approve the preliminary plat; and WHEREAS, on August 20, 2019 the City Council held a public hearing on the conceptual PUD amendment, special use permit, preliminary plat and found it to be substantially compatible with the neighborhood, the approved plats and plans (CPC Case No. 19970-70 and 1997-71 and Resolution No. 2003-86) and consistent with the City’s Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and infrastructure. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the preliminary plat of LIBERTY VILLAGE 5TH ADDITION with the following conditions: 1. This Special Use Permit is in all ways a Conditional Use Permit as the term is used in Minnesota Statue Section 462.3595. 2. Except as modified herein, the plans shall be in substantial conformance to those submitted and on file with CPC Case No. 2019-36: Preliminary Plat dated 7/15/2019 Demolition Plan dated 6/28/2019 Paving Plan dated 7/12/2019 Grading Plan dated 7/12/2019 Page 2 of 3 Utility Plan dated 7/12/2019 Floor Plans (A1, A2, and A3) dated 6/27/2019 Elevations (A4) dated 6/27/2019 3. Prior to the submittal of the Final Plan, the design of the structure and site will have obtained Liberty Village Commercial Association approval. This shall be provided to the City in a format that shows association approval on the finalized building design schematic. 4. The overall height of the building shall not exceed 35’, as measured from the average finished elevation of the front of each building to the average height between the plate and the ridge of the highest gable. 5. The street-facing first level shall be restricted to in-home professional and service offices only. Businesses shall obtain a Home Occupation Permit from the City of Stillwater. 6. The front-facing first level shall contain a set of windows, identical to the shape, style, and sizes of the second and third story windows, noted as W1, W2, W4, and W5 on floor plan sheets A2 and A3. The windows shall be set in line with the upper story windows for uniform design. The windows shall consist of clear, untinted glass. 7. Additional detailing on the street and parking lot first floor elevations shall installed to reduce blank walls along the public streets and parking lot areas. 8. With the exception of window signage, signs shall not be permitted onsite. If business identification signage is desired, a sign plan must be submitted with the Final PUD. 9. Scaled building plans depicting the level of detail, materials and colors on all finishes, complete landscaping plan, and solid waste storage and removal plan shall be submitted with the Final PUD. 10. All existing and future trash receptacles shall be stored inside the building or in an enclosed onsite trash facility at all times with the exception of the day of trash collection. 11. The private parking and drive areas shall be signed to indicate no parking is permitted behind the garages or along the drivelane areas. A parking signage plan shall be submitted with the Final PUD. 12. Each unit shall have a fire suppression system installed. 13. A shared parking and driveway easement agreement shall be developed prior to the submittal of the final plat. 14. Prior to the submission of a Final Plat, drainage and utility easements for all existing and proposed public utilities, including those located under the public/private parking lot, will need to be submitted for review and approval by the City Engineer. A 10’ easement will be required on each side of the existing underground water line. 15. Prior to the release of the Final Plat, the developer shall be responsible for paying all park and trail dedication fees, currently totaling $15,000. Fees paid shall be at the rate established by City Resolution in the year in which they are paid. 16. All conditions of approval for Planning Commission Case files 1997-70 and 2003-14 shall remain in effect. Page 3 of 3 17. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. 18. All outstanding application fees and escrows shall be paid to the City within 14 days of the date of approval or the approval shall become null and void. Enacted by the City Council of the City of Stillwater, Minnesota this 20th day of August, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk PLANNING REPORT TO: Mayor & Council Members CASE NO.: 2019-37 REPORT DATE: August 14, 2019 MEETING DATE: August 20, 2019 APPLICANT: Nancy Millard, Trustee of Edmund H. Studtman Trust LANDOWNER: Sally Studtman, Trustee of Edmund H. Studtman Trust REQUEST: a). Resubdivision to create a second parcel; b). Appeal of Planning Commission’s denial of lot size variance to allow 6,337 sf lot where 7,500 sf is min. required; and c). Appeal of Planning Commission’s denial of building cover variance to allow 27.3% for existing home where 25% is max permitted. LOCATION: 1422 North Martha Street ZONING: RB, Two-Family Residential REPORT BY: Bill Turnblad, Community Development Director REVIEWED BY: Abbi Wittman, City Planner Shawn Sanders, City Engineer INTRODUCTION The Edmund H. Studtman trustees would like to sell their homestead at 1422 North Martha Street. The home was built in 1888 (according to County Assessor records) and is situated on a parcel across Moore Street from the Stillwater Country Club. The property is composed of 2 ½ platted lots that were combined into a single parcel. The trustees hope to reconfigure the property into two parcels. Parcel 1 (the northern one with the existing house) meets the required 7,500 square foot minimum lot size, but it requires a Case No. 2019-37 Page 2 building coverage variance, since there would be 27.3% coverage and only 25% is permitted. Parcel 2 needs a size variance, since it has only 6,337 square feet of area. The Planning Commission denied both variances in July on a 4-1 vote. The applicants appealed the Planning Commission decision on the variances and are requesting the Council to approve the variances and the resubdivision. The review deadline for the case was extended to September 21, 2019 to allow the appeal review to occur concurrently with the resubdivision review. SPECIFIC REQUEST a) The resubdivision1 of the 13,839 square foot platted property at 1422 North Marth Street into two parcels. b) A variance for Parcel 1 to allow 27.3% building coverage, whereas City Code Sec. 31- 308, (b)1 permits a maximum of 25% building coverage. The actual coverage is 2,049 square feet, whereas a maximum of 1,875.5 square feet would be allowed on the 7,502 square foot parcel. This represents a variance of 175.5 square feet, or a 9.25% increase over the 1,875.5 square feet permitted. c) A variance for Parcel 2 to allow a 6,337 square foot lot area, whereas City Code Sec. 31- 308, (b)1 requires a minimum 7,500 square feet. This represents 1,163 square feet less than required, or a 15.51% shortfall compared to the 7,500 square feet required. ANALYSIS I. Resubdivision Dimensional Standards Parcel 1 Parcel 2 Standard Existing/Proposed Standard Proposed Lot area 7,500 sf 7,502 sf 7,500 sf 6,337 sf Lot width 50’ 73.32’ 50’ 61.94’ Lot depth 100’ 102.31’ 100’ 102.31’ Lot cover: bldg. 25% 27.31% 25% TBD Lot cover: other impervious 25% 8.09% 25% TBD Front setback (Martha): house 20’ 7.4’ 20’ TBD Exterior side setback: (Moore): house 20’ 5.3’ NA NA Exterior side setback: (Moore): garage 30’ 19.1’ NA NA Interior side setback 5/15’2 24.2’ 5/15’2 TBD Rear setback (west lot line) 25’ 23’ 25’ TBD 1 As defined by City Code Sec. 32-1, Subd. 4(2). 2 A total of both interior side yards of 15’, with a minimum of 5’. Case No. 2019-37 Page 3 As seen in the table above, there is more building coverage than allowed for the house on Parcel 1, and the lot size for Parcel 2 does not meet the minimum requirement. The corresponding variances have been requested and are addressed later in this report. Also seen in the table and the graphic below, the existing house has several non-conforming setbacks. However, if the house is remodeled, and not enlarged, its legal non-conforming (aka grandfathered) setbacks can remain as they are. If the house is granted a demolition permit by the Heritage Preservation Commission, then a condition of variance approval should be that the grandfathered setbacks and lot coverage for the existing house are extinguished. A new house would then have to be constructed in compliance with current setback and coverage standards. Existing home on Parcel 1 Footprint of the existing house is outlined. Code compliant building envelop is shaded in pink. It should be pointed out that the greatest amount of building coverage permitted on Parcel 2 will be 1,584 square feet. This would allow for a modest sized house and perhaps a two stall garage at most. So, the parcel would likely require a custom designed house. Sewer and Water – There is neither sanitary sewer nor municipal water in Moore or Martha Streets. The sewer for the existing home is a service extended from a manhole in the interior of the block. The manhole is to the west of the property and can be seen in the graphic on the next page. The sewer for proposed Parcel 2 will have to be extended as a service from the intersection of West Sycamore and Martha. Likewise, a water service will also have to be extended from this intersection. The total hook-up fees for the water and sewer service extensions will be $8,606 if paid in 2019. Case No. 2019-37 Page 4 Existing and proposed public utilities Easements - Any drainage and utility easements platted around the existing lots that make up the parcel to be re-subdivided must be vacated, and new drainage and utility easements must be created by the owner along the boundaries of both reconfigured parcels. The easements will need to be submitted to the City prior to release of approved deeds from City offices for recording with Washington County. The new drainage and utility easements will need to encumber the areas shaded in blue in the sketch below. [Note that the standard 10 foot wide easement in the front yard of Parcel 1 is not advisable given the non-conforming location of the existing home.] New Drainage & Utility Easements Each parcel will need drainage and utility easements as shown above. Case No. 2019-37 Page 5 Accessory Structures - Sheds are allowed only as accessory buildings on a lot. Which is to say, that a house must exist on a lot before a shed can be located there. Consequently, the two existing sheds on Parcel 2 will need to be removed prior to releasing the approved deeds for the parcels from City offices. Park & Trail Dedication – Neither parks nor trails are planned for the property or its immediate surrounds. Therefore, the Park Commission recommended the payment of fees in lieu of land. So, a $500 trail fee and a $2,000 park fee will be due to the City for Parcel 2 upon release of its approved deed from City offices for recording with Washington County. Parcel 1 has an existing home and is therefore exempt from both of these fees. II. Variance A. Review Criteria The State enables a City to grant variances when they meet the review criteria below. 1. A variance may be granted when the applicant establishes that there are “practical difficulties” in complying with the Zoning Code. A practical difficulty means that the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute a “practical difficulty”. a. Is the property proposed to be used in a reasonable manner? Lot coverage variance request. The additional 157.5 square feet of building coverage is minimal, as it represents less than a 10% increase. Moreover, the total building and other impervious surfaces is allowed to be a combined total of 50% and the proposed total coverage for Parcel 1 would only be 35.4%. Lot size variance request. While the size variance for Parcel 2 is substantial since it would have a deficit of 1,163 square feet (15.5% less than required), given the size of lots on Martha Street in the area, the request is not unreasonable. b. Is the plight of the landowner due to circumstances unique to the property? Typically there is nothing particularly unique about a parcel that does not have enough land to subdivide out a second buildable lot. But, what makes this situation unique is that Martha Street has a fairly strong pattern of “key lots”3, especially between Stillwater Avenue and Moore Street. c. Are the circumstances created by the landowner? Certainly the desire to have more lots than are mathematically permitted by the zoning code is a circumstance created by the landowner. But, the “key lot” development pattern of Martha Street was not created by the owner. 3 A “key lot” is defined as a lot that adjoins the side or rear yard of a corner lot and fronts on a secondary street. Case No. 2019-37 Page 6 d. If granted, would the variance alter the essential character of the locality? Lot size variance request. As seen in the graphic to the right, resubdividing the back portion of lots to create lots with frontage on Martha Street is fairly common. Most of these “key lots” fronting on the side street are smaller than 7,500 square feet. The lot at 1413 N. Martha St has 5,455.2 sf of area. The lot at 1407 N. Martha St has 5,391.6 sf. The corner lots at 321 Moore and 322 Sycamore have 6,779.3 sf and 6,835.3 sf respectively. So, the proposed 6,337 sf of Parcel 2 is in keeping with the locality. A letter opposed to the variance was submitted by a resident living at 404 St Croix Avenue. The location of letter of opposition can be seen in the map to the right. And, the letter itself is attached to this report. Lot coverage variance. The same argument can be made for the minimal lot coverage variance being requested. Since many of the lots on Martha, especially on the east side, are undersized “key lots”, their building coverages exceed 25%. So, the proposed 27.31% proposed on Parcel 1 is in keeping with the character of the locality. e. Is the lone consideration an economic one? A consideration for the creation of the second parcel certainly could be the desire to increase the value of the property for the heirs. But, by splitting the lot, at least two objectives of the City’s Comprehensive Plan are also furthered. The Comprehensive Plan encourages efficient use of property as well as the maintenance of affordable housing. If the existing home is modestly remodeled, it could preserve both the historic structure and provide affordability. 2. The variance must be in harmony with the Zoning Code and the Comprehensive Plan. a. What is the purpose of the regulation for which the variance is being requested? Lot size variance. Establishing minimum lot sizes is related to both the allowable density of housing units in a zoning district and the character of a neighborhood. The Comprehensive Plan guides the density for the subject neighborhood at 4.4 – 9.7 units per acre. If all parcels were Case No. 2019-37 Page 7 at the size of proposed Parcel 2, the neighborhood would have a density of 6.87 units per acre. This is consistent with the Comprehensive Plan. And as mentioned above, the “key lot” configuration of Martha Street housing defines the character of this location. The proposed second parcel maintains that “key lot” development pattern. Lot coverage variance. The 25% building coverage standard in the RB District works together with the 25% impervious coverage standard. A total of 50% of a lot can be covered. The coverage standards have two major purposes: 1) maintain open spaces, and 2) prevent poor stormwater management practices. In this case, the house is grandfathered into a location close to both Moore and Martha Streets. (See picture of house on Page 1.) So, generous side and rear yard spaces exist. However, if the existing house is granted a demolition permit by the City, a condition of approval should be that the new home must not exceed the 25% building cover standard, and must meet the current required setbacks. Another purpose of the lot coverage standard is to prevent a lot from being overbuilt and thus create stormwater management issues. In this case, only 35.4% of the lot will be in hard surfaces, whereas 50% is allowed to be. So, stormwater should not be an issue. b. If granted, would the proposed variance be out of harmony with the Zoning Code? For reasons stated above, staff believes the two variances would not be out of harmony with the Zoning Code. c. If granted, would the proposed variance be out of harmony with the Comprehensive Plan? As noted above, the requested variances are not inconsistent with the Comprehensive Plan. 3. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. The property is zoned RB, Two-Family Residential. The zoning district allows single- family houses, which are the proposed uses of the two parcels. B. Neighborhood comments Letters have been received from residents in the neighbor-hood. The locations of these concerned neighbors are shown to the right. Their letters are attached to this report. The primary concerns identified by the neighbors are the undersized southern lot and the grandfathered location of the existing house. Case No. 2019-37 Page 8 POSSIBLE ACTIONS The City Council has the following options: A. Conceptually approve the requested variances and resubdivision with the following conditions. Staff would draft a resolution formally approving the requests and place it on the next Council consent agenda. 1. If the existing house on Parcel 1 is granted a demolition permit, then the legal non-conforming building setbacks and lot coverage on Parcel 1 are extinguished and new house construction must meet current City Zoning Code standards. 2. Any drainage and utility easements platted around the lots of the existing parcel must be vacated and new drainage and utility easements must be created by the owner around the two proposed parcels. These easements must be submitted to the City prior to release of approved deeds from City offices for recording with Washington County. 3. The two existing sheds on Parcel 2 must be removed prior to releasing the deed for either parcel from City offices for recording with Washington County. 4. A $500 trail fee and a $2,000 park fee will be due to the City for Parcel 2 upon release of its deed from City offices for recording with Washington County. 5. The sanitary sewer and municipal water hook-up fees of $8,606 (plus annual cost of construction increases if paid later than 2019) must be paid prior to release from City offices of the approved deed for Parcel 2. These fees do not apply to Parcel 1. 6. A stormwater management plan must be submitted to the City Engineer and approved prior to release of a building permit for Parcel 2. The plan must show that the runoff volume control standards of the City or watershed district, whichever is more restrictive, are met. B. Conceptually deny the requested variances and resubdivision. With a denial, findings of fact supporting the decision must be provided. Staff would draft a resolution formalizing the findings of fact and decision and place it on the next Council consent agenda. C. Table the requests for additional information. FINDINGS AND RECOMMENDATION Staff finds the resubdivision and the variances to be consistent with the Comprehensive Plan, and consistent with the key lot development pattern in the neighborhood. Therefore, staff recommends Alternative A. Attachments: Appeal letter Location map Zoning map Survey Opposition letters cc: Nancy Millard Sally Studtman Edmund H. Studtman Trust 1422 N. Martha St. Stillwater, MN. 55082 RE: 1422 N. Martha St. Resubdivision To Whom It May Concern: We would like to appeal the Planning Commission's decision to deny our variance request on Monday, July 15, 2019. c PC ,2 () \ '1 -3 \ We are making a request to table the resubdivision request. It is our opinion that the economic gain was not compared reasonably to Stillwater's Comprehensive Plan and how at least two objectives of the plan could be further enhanced. Abbi Jo Wittman stated in her report, "The Comprehensive Plan encourages efficient use of property as well as the maintenance of affordable housing. If the existing home is modestly remodeled, it could preserve both the historic structure and provide affordability.'' Also quoting from Abbi Jo Wittman's report as she wrote about Parcel 2, "This would allow for a modest sized house and perhaps a two stall garage at most." Abbi Jo Wittman's report told us that," the two variances would not be out of harmony with the zoning code" and "are not inconsistent with the Comprehensive Plan." Thank you for addressing this issue and our concerns. Sally Studtman. 318 W. Sycamore St. Stillwater, MN. Nancy Millard. 16051 Quality Ct. Lakeland, MN. Trustees for the Edmund H. Studtman Trust To: Stillwater City Council Re: Request for Variance, Case No 2019-31 Date: August 7, 2019 Applicant: Nancy Millard and Sally Studtman, Trustees of Edmund H. Studtman Trust The property owners of 1422 North Martha Street are seeking a variance to overcome the practical difficulties of owning and maintaining a large lot by creating a second parcel of land to provide affordable, efficient housing in Stillwater. The owners do not seek a variance purely for economic benefit. And, as explained in the city staff’s analysis, a variance allowing two parcels of land would be compatible with the Comprehensive Plan because it remains well under the Plan’s density guides and is in keeping with the character of the neighborhood. “Practical Difficulty” Under state law, the council may grant a variance if the applicant for the variance shows “practical difficulties in complying with the zoning ordinance.”1 In this case, the practical difficulty is that the house – built in 1888 – is set significantly to one side of the lot, leaving a very large yard and an oversized lot that no longer fits with the character of the neighborhood. Because the house was built so long ago, before roads were developed, the neighborhood has developed and increased in density around it. Requiring the owners to maintain an oversized lot while other lots around it are significantly smaller presents a difficulty. In fact, at least one other similar variance has been previously granted in the neighborhood. State law does explain that “economic considerations alone do not constitute practical difficulty.”2 However, the variance is not being requested purely for economic reasons. The land’s trustees were 1 Minn. Stat. § 462.357, subd. 6. 2 Id. born and raised to adulthood in the current house; as long time Stillwater residents they would prefer to see the land and house be used to provide smaller, more affordable and efficient housing in Stillwater. The property owners fear that if the lot is left as-is a future owner will demolish the existing house and build a very large house or a multi-residential single structure such as a duplex for which the lot has already been approved. Such construction would be out of sync with the neighborhood and unaffordable for most of the community. In addition, the Studtman family has owned the home since the 1940s and the home has been in trust for over five years while the family debated what to do with the house and land. The property owners have carefully considered whether the family could continue to own and maintain the house and lot as-is and concluded they cannot, though they continue to advocate a member of the family keep one of the smaller lots to build upon in the future. For these reasons, a variance is not sought solely for economic benefit. The property owners understand the Planning Commission denied the requested variance because a variance cannot be granted for economic reasons alone and there were concerns a future owner would seek a variance because of the smaller lot size. However, there was not an opportunity before the Planning Commission to explain that the variance is not sought for purely economic reasons. And, because of their deep ties to Stillwater and the house, the property owners are very interested in what will become of the property. To that end, the property owners agree to carefully advise any future buyer regarding the smaller lot size, thereby minimizing the probability a future owner could claim a practical difficulty. Harmony with City Code and Comprehensive Plan In addition to the practical difficulties faced by the applicants, granting a variance would also keep the parcel in harmony with Stillwater’s Zoning Code and Comprehensive Plan. While a variance would allow the new parcels to deviate three percent from city code governing lot coverage, it remains in compliance with the spirit of the code because storm water runoff and green space are not a concern according to city staff, given the overall size of the lot. City staff also noted that “key lots” like this one are common in the area and often have more than 25 percent building coverage. The proposed lot size is also consistent with the Comprehensive Plan and, more practically, the neighborhood. While the lot size would be less than what is required by city code, it remains in keeping within the density planned for the neighborhood and is similar to surrounding lots. Because it is in keeping with the City of Stillwater’s comprehensive plan and all surrounding lots are already much smaller than the older Studtman Trust land, the council should grant variance 2019-31 allowing division of the land into two parcels. STR E ET STR E ET STREETM O OR E SY CA M O R E 313 303 415 306402 411 503 1422417423 419 416 410420502 303 315 318 309 308 1319 322 321 1313 507 1316 1322 1413 1407 302 µ 0 125 25062.5 Feet General Site Location Site Location 1422 Martha St N ^ WEST ASPEN STREET STREET WEST STREET AVENUE NORTHCARNELIANSTREETNORTHWILLIAMSTREETWEST STREET WEST AVENUE STILLWATER AVENUEWEST NORTHMARTHASTREETWILKINS WEST STREETMOORE SYCAMORE ST CROIX WEST ASPEN STREET EAST ASPEN STREET STREETSTREETEAST SYCAMORE ST EAST ST CROIX WEST STILLWATER AVE EAST STILLWATER WEST WILKINS STREET EASTNORTHTHIRDSTREETNORTHFOURTHSTREET NORTHSECONDSTREETStillwater Country Club Site Staple's Field Zoning Districts A-P, Agricultural Preservation RA - Single Family Residential RB - Two Family TR, Traditional Residential LR, Lakeshore Residential CR, Cottage Residential CTR, Cove Traditional Residential CCR, Cove Cottage Residential CTHR, Cove Townhouse Residential TH, Townhouse RCM - Medium Density Residential RCH - High Density Residential VC, Village Commercial CA - General Commercial CBD - Central Business District BP-C, Business Park - Commercial BP-O, Business Park - Office BP-I, Business Park - Industrial IB - Heavy Industrial CRD - Campus Research Development PA - Public Administration PROS - Park, Recreation or Open Space Public Works Facility ROAD WATER Febr 2, 2019 81T: ?/?VT, I I I I I tor ZtJ, ,:1() ' ~ 59.1. 7 y-- I u.o Ir. ~ \ ~ ~ ~ ~ / HoaRE Sr. ,.e/.W 3,e:) rc,t:FT Ce,,vc . £),e/VE 461 4. ,,c;,; (/7) I L __ I tf LtJT Z --NB9°19' .f-.Z"W /dZ,.J/ -- PA.RC.EL 2 63J7 .JIJ?. ,,C,r, .r ( t/,,c,f.VT L4NP) °I .58?"!9'-'f/nE z°} N. /cJZ.3z .;:_ ,(', /dZ I C)e/~/#RL z ~ ~Jnt~Y r,eAME //l?d.S e _J ,M,, /,fZZ )of9 ff· ff-\ ~o · I / _J I I ~ t\\ \i-:11\ '.')~ " . ~'I( ~ ~ " ~ ~ I I ~ ~ ~- I I / ·' /W£7"/;I /" = /()' PROPOSED MINOR SUBDIVISION: ~ C ER T IFI CATE Of SURVEY Notes : Bearing system assumed datum., "~." Ind . me a s . v·alue . o Ind. #13774 iron morr. set. BARRETTM.STACK , "R ." Ind.icate.s record val.ue . • Ind. mon. found as noted. STILLWATER,MI NN . SS08 2 "SBL"' .Ind . set back line. (some Offsets shown to exist. buildings MIN NBSOTA RBCI ST l!K B.D setbacks varia b 'le) are meas. ·to the outside building L.\NOSURV EYOR Underground or overhe<td, .. public or wall line, unless noted otherwise. (6St ) 439-$630 private utilities, on or adjacent the Parcel 2 is vacant .land. Exist. Sheds parcels, were not located in the survey . to ·be removed. · SURVEVMADEEXCLUSIVELYFOR, David Millard, 1422 North Martha st., Stillwater, MN 55082 Edmund H. Studtman Trust, 1422 Martha st. No., Sti .. llwater, MN DESCRIPTION, Per Doc. No. 3797016 Wash. Co. records. . 55082 I . Lots One (1) and Two (2), Block Two (2) of Wi.lkin's Addition to· Stillwater, according to the plat thereof on file and of record in the Offic"e of the Register of Deeds in and for siid Washington ~aunty, Minnesota. AND The East Twenty (20) .-feet of Lb.t Thr,ee (3), Block Two (2) of Wilkin's Addition to Stillwater, as surveyed a.nd platted · and now on file and of record in the Off ice of the Register of Deeds of Washington County, Minne·sota. ~ Willtin' s Addition to Stillwater is part of Myron Shepard's Perfected Plat of the City of Stillwater .•.and is recorded as boc. No. 4·16049, Washington County Records. PROPOSED PARCEL 1 DESCRIPTION : (existing house parc·el) The North 73.32 feet of Lots 1 and 2 and the North 73~32 feet of the East 20.00 feet of Lot 3, all in Block 2, Wilkin's Addition to Stillwater, according to the recorded plat thereof on file and of record-as Doc. No. 416049, in the Office of the County Recorder of Washington County, Minnesota. PROPOSED PARCEL 2 DESCRil?TJ:ON; (vacant land) All that part of Lots 1 and 2 and all that part of the. East 20.00 feet of Lot 3, Block 2, Wilkin's Addition to Stillwater, lying southerly of the North 73.32 feet of said Lots, according to the recorded plat thereof ·on file and of record as Doc; No. 416049, in the Office of the County Recorder of Washington -County, Minnesota. Overall Parcel Area : Proposed Parcel 1 Area: Proposed Parcel 2 ·Area: = 13,839 sq. ft. 7502 sq·. ft. 63B7 sq. ft. Existing Parcel 1 Impervious Area Sunlmary : Existing 2 story frame house and attached 2 car garage at 1422 North Martha St. 2049 sq . ft . or 27.31% of 7502 sq . ft . Existing concrete driveway; Existing E'ly sidewalk: Existing SE'ly sidewalk; 467 sq. ft . 20 sq. f t . 120 sg •. ft. Total Drive & Walk s 60 7 sq . ft . or 08.09% of 7502 sq . ft . Exist. Hause/Gar. footprint Existing Driveway e>.nd Misc. sidewalks Total Parcel 1 Impervious 2049 sq . ft . · · ·G.,0.7 s q.. ft . 2656 sq . ft. or 35.40% of 7,502 S(_f . ft. I hereby c~fy that this ro rvcy, plan, l)r rcporl was rre parcd by me o r under my direct ro pcrvi,i.o n and that am • duly R~tt=d und Su rvey or under 1he laws of ~.~~Ill: .. ~ .......... .. Date ........ ~.::?~::-.~~-~-~ .......... Reg.No .... ~.~.?.?.~ ... , ........ .. To: Stillwater Planning Commission Stillwater City Hall 216 Fourth Street North Stillwater, MN 55082 June 16, 2019 From: Ronald & Carol Lux, owner of 404 W. St Croix Ave, Stillwater, MN 55082 Subject: Public Hearing of Case CPC 2019-31 To break 1422 Martha Ave N into TWO properties: one with a house oversized for the lot and the second into a sub-size smaller lot I am against the City of Stillwater allowing subsize lots which I believe will pose potential for lessening the value of the neighborhood, and especially if the sub-size lot eventually turns ito a request to next build a residence on the subsize lot. I am also against a lot having a too-large residential property on it I would consider an exception regarding the subsize lot if the subsize lot were to be legally adjoined to a neighboring lot as part of the very same actual process which involves parcelling off a sub-size lot to an adjoining property. ~~'Y'~--. ~~ Ronald & Carol Lux 25 June 2019 Stillwater Planning Commission % Jenn Sundberg Stillwater City Hall 216 Fourth St. Stillwater, MN 55082 Dear Planning Commission staff% Jenn Sundberg : Received JUN L 6 2019 Community Development Department I write regarding Case No. CPC 2019-31 concerning the request to subdivide the property at 1422 Martha St. N. I am unaware of the rationale for requesting a property subdivision or plans for the existing house and am reticent to comment given that Sally is a good neighbor and Nancy Millard and her husband provided excellent rehabilitation service to my mom. However, it is my preference to not subdivide the property, for two reasons: 1) There is already an abundance of homes on small lots built long ago, and the proposed southern lot is well under the size of the minimum required lot size; and 2) The existing home is positioned so close to Moore St. that it is difficult to see traffic when entering Moore St. from Martha, especially given the hedge in front of the house. If another home were to be built on the proposed northern lot, I would hope that it was positioned further back from Moore St. In summary, it would be my preference to site one house on the existing lot, ideally further back from Moore St. Thank you for your consideration. Sincerely, Wendy Adams 321 Moore St. W. Stillwater, MN 55082 Jean Sandberg, Community Development Staff The Planning Commission of Stillwater (Case CPC2019-31) 216 4th St. N. Stillwater, Mn. 55082 June 21, 2019 Dear Ms. Sandberg and Community Development Staff, Received JUN 2 4 2019 Community Dev~lopment Departml;'!nt I am writing in regards to the property at 1422 Martha St. N. I live at 217 Moore St. W. and am very familiar with the residence on the corner of Martha and Moore St. W. It has been vacant for a number of years. I do not wish to see the lot split which, in my opinion, would create a number of problems. One problem that exists now is the existing old house is only feet from the street. It makes it very difficult to see oncoming traffic when approaching from Martha to turn onto Moore St. A new house would have set backs from the road and prevent the obstruction of on coming traffic. Dividing the lot would limit any new structure on that corner since setbacks are required. This would not leave, in my opinion, a large enough area for a two car detached garage and decent size yard for a house to be built on either of the lots. Many of the smaller older homes in the surrounding area have a very small one car garage making it necessary for extra vehicles to be parked on the street. This lot, being a desirable lot for a larger home, would enhance the neighborhood much more than two smaller ones. Since the minimum lot size of 7500 square feet can't be accomplished for the second lot, I feel incorporating a larger new home into the neighborhood on the original lot would be aesthetically more appealing. Thank you . Sincerely, Gwyn Fransen 217 Moore St. W. Stillwater, Mn. 55082 Jenn Sundberg From: Sent: To: Cc: Subject: Hello Ms. Sundberg: Tolis Dimopoulos <tolisdimopoulos@gmail.com> Monday, July 01, 2019 7:11 PM Jenn Sundberg Tolis Dimopoulos Property Located at 1422 Martha St N Received JUL 2 2019 Community Development Department My name is Tolis Dimopoulos and I am the owner of 402 Sycamore Street W. in Stillwater. We live immediately south of the above-referenced property. Unfortunately, I was unable to attend the planning commission meeting last Wednesday when the variance for the above property was discussed, but I would like to remain informed and provide my comments. Preliminarily, it is hard for me to be in favor of the variance and the subdivision of the lot without knowing more about the purpose of the request. If you could share additional information, that would be very helpful and I would very much appreciate it. I may be reached at this email or by phone at 206-356-3113 should you wish to discuss this further. Thank you very much for your time and consideration. Warmest Regards, Tolis Dimopoulos 1 1 Jenn Sundberg From:Gary May <garymay1150@gmail.com> Sent:Monday, July 15, 2019 6:49 PM To:Jenn Sundberg Subject:Variance on 1422 Marth St. N Follow Up Flag:Follow up Flag Status:Flagged Jenn, My name is Gary May 410 Sycamore St. W. I am a neighbor to the property requesting the variance. I have no objection to the property being split and I do not object to the variance for the existing structure. However I do object to any request for a variance from code for any new structures on the proposed vacant lot. I feel an oversized building on one not in compliance with set back requirements will impact the neighborhood in a negative way. Respectively yours, Gary May Received August 10, 2019 To: Stillwater City Council Stillwater City Hall Cf'.\l'l'H'!'llm'tv Development Department 216 Fourth Street North Stillwater, MN 55082 From: Ronald & Carol Lux, owner of 404 W. St Croix Ave, Stillwater, MN 55082 Subject: Public Hearing Regarding Appeal Request: Case CPC 2019-37 To break 1422 MarthaAve N into TWO properties: one with a house oversized for the lot and the second into a sub-size smaller lot I am against the City of Stillwater allowing subsize/substandard lots which I believe will pose potential for lessening the value of the neighborhood, and especially if the sub-size lot eventually turns to a request to next build a residence on the subsize lot. I am also against a sub-size lot having a too-large residential property on it. I would consider an exception regarding the subsize lot if the subsize lot were to be legally adjoined to the adjacent neighboring lot as part of the very same actual process which involves parcelling off a sub- size lot to an adjoining property. <:::T~ <t-~~ Ronald & Carol Lux 11922623v1 RESOLUTION NO. _______ RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $3,065,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2019A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $3,065,000 General Obligation Capital Outlay Bonds, Series 2019A (the "Bonds" or, individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, and Sections 10.4, 10.5 and 10.6 of the City's Charter, to finance (i) the 2019 capital outlay needs of various City departments; (ii) 2019 annual street improvement project; and (iii) 2019 downtown streetscape improvement project (collectively, the "Project") as more fully described in the resolution duly adopted by the City Council on July 16, 2019; and WHEREAS, the City has retained Baker Tilly Municipal Advisors, LLC, in St. Paul, Minnesota ("Baker Tilly MA "), as its independent municipal advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Baker Tilly MA; and WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of _______________________________ (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $___________, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is accepted and the Bonds are awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated September 19, 2019, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R 1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: 11922623v1 2 Year Amount Year Amount 2020 2025 2021 2026 2022 2027 2023 2028 2024 2029 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting 11922623v1 3 rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any 11922623v1 4 actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2020, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 11922623v1 5 2020 2025 2021 2026 2022 2027 2023 2028 2024 2029 5. No Redemption. The Bonds shall not be subject to redemption and prepayment prior to their stated maturity dates. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 11922623v1 6 UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF STILLWATER R-_______ $_________ GENERAL OBLIGATION CAPITAL OUTLAY BOND, SERIES 2019A Interest Rate Maturity Date Date of Original Issue CUSIP ____% February 1, ____ September 19, 2019 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prior redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2020, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. 11922623v1 7 No Optional Redemption. The Bonds of this issue (the "Bonds") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $3,065,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution, Charter of the Issuer and laws of the State of Minnesota, and a resolution adopted by the City Council on August 20, 2019 (the "Resolution"), for the purpose of providing money to finance the Issuer's various capital outlay projects. This Bond is payable out of the General Obligation Capital Outlay Bonds, Series 2019A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. 11922623v1 8 Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, Charter of the Issuer and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional, charter or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Stillwater, Washington County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Clerk 11922623v1 9 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - ___________ as custodian for _____________ (Cust) (Minor) under the _____________________ Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. _________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________ the within Bond and does hereby irrevocably constitute and appoint ________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: ________________ ___________________________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ (Include information for all joint owners if the Bond is held by joint account.) 11922623v1 10 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue which is September 19, 2019. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 11922623v1 11 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Capital Outlay Bonds, Series 2019A Fund" (the "Fund"), to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other accounts maintained in the official financial records of the City. The Fund shall be 11922623v1 12 maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds. From the Construction Account there shall be paid all costs and expenses of making the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. The moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied; and provided further that if upon completion of the Project there shall remain any unexpended balance in the Construction Account, the balance shall be transferred by the Council to the Debt Service Account. (b) Debt Service Account. There are hereby pledged and there shall be credited to the Debt Service Account: (i) collections of all taxes heretofore, herein or hereafter levied for the payment of the Bonds and interest thereon; (ii) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (iii) all investment earnings on moneys held in the Debt Service Account; and (iv) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from the Debt Service Account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above in an amount not greater than five percent of the proceeds of the Bonds. To this effect, any sums from time to time held in the Construction Account or Debt Service Account (or any other City fund or account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Construction Account or Debt Service Account shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: 11922623v1 13 Year of Tax Levy Year of Tax Collection Amount See attached Levy Schedule in Exhibit B For the payment of the principal and interest on the Bonds maturing in 2020, the City has heretofore levied in 2018 a direct ad valorem in the amount of $400,000 which was spread upon the tax rolls and will be collected with and as part of other general property taxes in the City. The tax levies are such that if collected in full they, together with estimated collections of other monies herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity. 18. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional 11922623v1 14 description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 19. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. 11922623v1 15 (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 20. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Certificate of Registration. The City Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Washington County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 22. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 23. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to 11922623v1 16 be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (i) the Bonds are issued by a governmental unit with general taxing powers; (ii) no Bonds are a private activity bond; (iii) 95% or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (iv) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 25. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2019 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2019 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. 11922623v1 17 The motion for the adoption of the foregoing resolution was duly seconded by member _____________ and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Adopted August 20, 2019. Approved: ____________________________ Ted Kozlowski, Mayor Attest: ___________________ Beth Wolf, City Clerk 11922623v1 18 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER I, the undersigned, being the duly qualified and acting City Clerk of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals and awarding the sale of $3,065,000 General Obligation Capital Outlay Bonds, Series 2019A. WITNESS my hand on August ___, 2019. ______________________________ City Clerk 11922623v1 A-1 EXHIBIT A PROPOSALS [To be supplied by Baker Tilly Municipal Advisors, LLC] 11922623v1 B-1 EXHIBIT B SCHEDULES [To be supplied by Baker Tilly Municipal Advisors, LLC] 11922623v1 PLANNING REPORT TO: City Council CASE NO.: N/A REPORT DATE: August 13, 2019 MEETING DATE: August 20, 2019 APPLICANT: Tess Milbourn LANDOWNER: Tess Milbourn REQUEST: A waiver from the driveway surfacing requirements, City Code Section 33-5, Subd. 2(1)(b), to allow for a new, crushed rock driveway LOCATION: 2005 Hazel Court REPORT BY: Abbi Jo Wittman, City Planner REVIEWED BY: Shawn Sanders, City Engineer INTRODUCTION In November, 2018, the City of Stillwater issued a building permit for the new construction of a single family home at 2005 Hazel Court. On August 12, 2019 the property obtained a temporary Certificate of Occupancy (C.O.). One requirement of the temporary C.O. is that the driveway be completed. City Code Section 33-5, Subd. 2(1)(b) requires new driveways to be surfaced in concrete, bituminous, or pavers. SPECIFIC REQUEST The property owner is requesting the City Council waive the requirements of City Code Section 33-5, Subd. 2(1)(b) to allow for crushed rock surfacing on the new driveway. ANALYSIS The City has established surfacing standards for the construction of driveways to ensure improvement longevity and to minimize environmental impacts associated with unimproved driveway surfaces. Specifically, gravel and crushed rock – though partially impervious – can create sediment loaded run-off in large storm events. There are five single family residences on Hazel Court. Three of the properties have concrete or bituminous driveways. The fourth property, constructed prior to the adoption of the City’s driveway surfacing requirements, is surfaced with aggregate material; this driveway, as well as Milbourn Driveway Request Page 2 the one that is proposed, is in close proximity to a storm sewer inlet that drains directly to Brown’s Creek. POSSIBLE ACTIONS The City Council has the following options: A. Approve the requested waiver. B. Deny the requested waiver. C. Table the request for additional information. FINDINGS AND RECOMMENDATION The property owner has indicated they would like to construct a driveway with minimal design and one that fits in the natural setting. While crushed rock is a natural surface, it is not the most environmentally friendly. Other environmentally friendly options, shown right, include grass geo grids, turf block concrete pavers, and ribbon driveways. Staff finds any of these alternative designs would substantially conform to the intent of the City Code while also providing natural resource protection. Staff recommends the Council deny the waiver request to use aggregate material for all or any portion of the driveway. However, staff would further recommend the Council authorize city staff to approve an alternative design that includes a portion of improved surfacing material(s), such as the alternatives shown right or other design so long as the driveway conforms to the design and intent of City Code Section 33-5. Attachments: Site Location Map Property Owner Request cc: Tess Milbourn PO P LAR STR E E TWEST HA ZE L S TR E ETHAZEL COURTNORTH FIFTH STNORTH FOURTH STREETPOPLAR STREETWESTN WILLIAMSPO P LAR STR E E TWEST HA ZE L S TR E ETHAZEL COURTNORTH FIFTH STNORTH FOURTH STREETPOPLAR STREETWESTN WILLIAMS14383 203 405 2012 500 225 2004 311 303 1421 2001 1901 2005 2008 2012 18191904 1912 318404 306402 600 1910 312 1913 1902 1907317321 206 220 14411 1808 1802 1900 µ 0 280 560140Feet Subject Prop ertyMunicipal Bou ndaryParcel Boundaries ^ General Site Location 2005 Hazel Court From:Tess Milbourn To:Abbi Wittman Cc:Bill Turnblad; Shawn Sanders; Graham Tait; Cindy Shilts; Beth Wolf Subject:Re: 2005 Hazel Court Driveway Surfacing Date:Friday, August 09, 2019 12:28:04 PM Hello Abbi and thank you for your response. When I found the property at 2005 Hazel Court I fell in love with it. It was the perfect place to build a minimalist home in a natural setting. In order to minimize the footprint on the property I designed a very small one level house and specifically slanted the roof to the back of the slope to minimize soil erosion. I communicated to my builder that I intended to landscape with a natural and native plants - no sod or grass and native plants as much as possible. I have been researching plant materials like clover that will help increase the bee population and help it thrive, an initiative I know Stillwater encourages. I also met with each of my neighbors and gained their support of my plan. We all agreed it was important to keep as many trees as possible when clearing the land in order to control erosion and to limit disruption of the natural habitat. In my very first drawing to my builder, which I’d be happy to produce, I expressed the desire to have a crushed rock driveway similar to my neighbors driveway next door. I was specifically interested in this because my property is so close to the ravine and I thought a rock driveway would help reduce the run off. Unfortunately, my builder never informed me there were standards for new construction. I also do not believe I ever saw the grading plan he submitted to the city as part of the permit process so I did not know it didn’t include the rock driveway. If I would have known I needed to make a special request for this I would have done it immediately because I respect and support the work of your department to maintain the integrity of codes and the land in Stillwater. Thank you for information on the City Council. I would like to make the request to show that I am trying to do all the right things - minimize footprint, respect Brown’s Creek and the natural habitat, and minimize erosion of the land. I would like the opportunity to show the Council that my request aligns with their focus on the preservation of the slopes on the ravine and it aligns with the Councils desire to protect it from being compromised. Of course, I will abide by whatever the council dictates and will simply appreciate their time and consideration of my input. I welcome your direction on my written request to the Council. Is there a specific form I should complete or will this email suffice for the request? Thank you for your guidance. Tess Sent from my iPhone Tess On Aug 8, 2019, at 11:17 AM, Abbi Wittman <awittman@ci.stillwater.mn.us> wrote: Tess: As you know, our standard requires a driveway to be improved with concrete, asphalt or pavers. I have looked through the building and grading permit records as well as the variance archive; there is no notation anywhere indicating you were requesting a gravel or stone driveway. When planning/zoning and engineering signed off on the plans, we were under the assumption your driveway would conform to the City’s driveway standards. That said, city staff cannot allow an unimproved surfacing material; you will be required to improve the driveway. While you may make a request to the City Council that they waive this requirement, I don’t know how well it will be supported. The only time I have seen the City waive requirements such as this is when it is an existing, nonconforming driveway, garage, etc. is proposed to be replaced. If you think you would like to make a request to the Council, we would need to receive the written request by noon on Monday the 12th in order for the item to be on the Council’s August 20th agenda. Abbi <!--[if !vml]--><image003.jpg><!--[endif]-->Abbi Jo Wittman, City Planner 216 4th Street North, Stillwater, MN 55082 P: 651-430-8822 | F: 651-430-8810 www.ci.stillwater.mn.us Community Development Department TO: Mayor & Council Members DATE: August 13, 2019 SUBJECT: GreenStep Cities work plan REPORT BY: Bill Turnblad, Community Development Director Graham Tait, Zoning Administrator/GreenStep Cities Coordinator INTRODUCTION One of the goals that came out of the 2040 Comprehensive Plan public engagement work was to participate in the GreenStep Cities program. In 2018 the City Council adopted a resolution approving the City’s participation. Earlier this year Stillwater became certified as a Step 2 City. The next milestone in the program is to become a Step 3 City. In order to map out the most likely pathway to achieving that milestone, the City’s GreenStep Coordinator has worked with the GreenStep Cities staff, Stillwater’s public works staff, Sustainable Stillwater’s GreenStep Cities work group, and others. COMMENTS The proposed GreenStep Cities work plan is attached. It includes tasks to be completed from all the Best Practice categories except Land Use. The City has already completed the Step 3 requirements for the Land Use category. The majority of the work in the plan can be completed by the end of next year. But some projects likely cannot be completed until 2022. Those include Main Street and Chestnut Street Plaza improvements according to an as yet to be adopted complete streets policy; attaining “Bird City” status (or some other “green tourism” initiative); and replacing lighting in City Hall with a low energy alternative. REQUEST Review the proposed work plan. Attachment: work plan bt GreenStep Cities: Work Plan to attain Step 3 status Task 2019 2020 2021 B.P. 1 BUILDINGS & LIGHTING - Efficient Existing Public Buildings 1.1 B3 Benchmarking X 1.2 Low cost lighting (internal): parking ramp X city hall X 1.X One additional action needed in BP1 - TBD TBD TBD B.P. 11 TRANSPORTATION - Living Streets 11.1 Adopt complete streets policy X 11.3 Modify Main Street in compliance with complete streets policy X B.P. 15 ENVIRONMENTAL MANAGEMENT - Sustainable Purchasing 15.1 Adopt sustainable purchasing policy X 15.2 Purchase energy used by city gov't from solar gardens, etc.X B.P. 16 ENVIRONMENTAL MANAGEMENT - Urban Forests & Soils 16.2 Adopt Best Practices for public and private tree planting X 16.6.C Adopt an Emerald Ash Bohrer management plan X B.P. 17 ENVIRONMENTAL MANAGEMENT - Stormwater Management 17.1 Adopt MIDS X B.P. 24 RESILIENT ECON & COMM DEVELOPMENT - Benchmarks & Community Engagement 24.1 Establish a GreenStep Cities Committee X 24.2 Inform community of goals and progress X B.P. 25 RESILIENT ECON & COMM DEVELOPMENT - Green Business Development 25.7 Develop and launch a "buy local" promotion X 25.3 Develop and launch a "green tourism" campaign (Option here: become a "Bird City")X B.P. 29 RESILIENT ECON & COMM DEVELOPMENT - Climate adaptation & comm resilience 29.1 Weather Safety Plan X B.P. task completed by: 8/13/2019 Date: August 20, 2019 TO: Mayor and Council FROM: Kori Land, City Attorney Tom McCarty, City Administrator SUBJECT: Mahtomedi Youth Hockey Association Ice Time Agreement Background The City of Stillwater and the City of Mahtomedi entered into a 20‐year agreement in 1999 whereby Mahtomedi agreed to contribute $700,000 toward the construction of a second sheet of ice at the Rec Center in exchange for guaranteed ice time over the next 20 hockey seasons. That agreement expires on April 1, 2020. The City and Mahtomedi Youth Hockey Association (“MYHA”) now de sire to enter into a long‐ term agreement whereby MYHA secures ice time at Lily Lake and at the Rec Center for its programs, and the City is able to rely on the sale of a minimum number of hours of ice time as well as receiving some revenue to assist with funding its Capital Improvement Program at the ice arenas. The general terms of the agreement are as follows: 1. It is a 5‐year agreement beginning Sept. 15, 2020 – Apr. 1, 2025 2. Either party can terminate upon a 1‐year notice 3. Mahtomedi is guaranteed a minimum number of hours per year (at the rates determined in the City’s Fee Schedule) from 600 hours in the first year but tapering off to 350 hours by the 3rd year and maintaining that level throughout the remainder of the term 4. 280 of the hours each year are reserved for Mahtomedi high school practices and games 5. Locker rooms are an extra fee 6. MYHA will make a one‐time payment of $25,000, due within 5 days of approval of the contract to be used toward capital improvement projects at the ice arenas Recommendation Adopt Resolution approving the Agreement with the Mahtomedi Youth Hockey Association 1 AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE MAHTOMEDI YOUTH HOCKEY ASSOCIATION FOR ICE TIME AT ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ICE ARENA THIS ICE RINK USAGE AGREEMENT, (“Agreement”) is made and entered into as of the ______ day of August, 2019, (“Effective Date”) by and between the City of Stillwater (“City”), a Minnesota municipal corporation, and Mahtomedi Youth Hockey Association (“MYHA”), a Minnesota nonprofit corporation (each sometimes hereinafter called “party,” and both sometimes collectively called “parties”). WITNESSETH: WHEREAS, the City owns and operates two ice arenas known as the St. Croix Valley Recreation Center (South and North Rinks) and the Lily Lake Ice Arena (collectively, “the Ice Arena”); and WHEREAS, the City and MYHA desire to enter into a long-term agreement whereby MYHA secures Ice Time for its programs at the Ice Arena, and the City is able to rely on the sale of a minimum number of hours of Ice Time during the winter hockey season as well as an ongoing revenue stream to assist with funding its Capital Improvement Program (“CIP”) at the Ice Arena; WHEREAS, the parties acknowledge that, in addition to the Ice Time that is the subject of this Agreement, MYHA may also separately purchase Ice Time from the City by mutual agreement of the parties. NOW, THEREFORE, in consideration of above recitals, and the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: ARTICLE 1 THE AGREEMENT A. Purposes. The purpose of this Agreement is to define the rights and obligations of City and MYHA with respect to the availability of Ice Time at the Ice Arena during each winter hockey season from September 15 of a calendar year through March 15 of the following calendar year for the term of this Agreement. B. Cooperation. City and MYHA shall cooperate and use their best efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The parties agree in good faith to undertake resolution of disputes, if any, in an equitable and timely manner. C. Term. The Initial Term of this Agreement shall commence on September 15, 2020 and shall terminate on April 1, 2025 (the “Term”). 2 D. Termination. Either party may terminate this agreement by providing at least one year’s written notice to the other party, which shall be given no later than September 1 of the year prior to the date of termination. ARTICLE 2 THE ICE ARENA ICE RINK FACILITY USE A. Facility Administration. City shall be responsible for the operation, administration, and maintenance of the Ice Arena (including the ice rinks and the common areas) during the Term of this Agreement. B. Time Rental Rates. City customarily establishes annual uniform Ice Time rental rates in December of the preceding year that are reflected in City’s Fee Schedule and which shall be applicable to MYHA of the Ice Time availability provided to MYHA pursuant to this Agreement. MYHA shall promptly pay City the Ice Time invoices billed by City; and, in all events, Ice Time invoices shall be paid within forty (40) days following receipt by MYHA of Ice Time invoices. C. Ice Time Availability. The parties agree as follows with respect to Ice Time availability, between September 15th and March 15th of a winter hockey season (“Ice Time”): (1) Ice Time Availability: City agrees to make a certain number of hours available each year for reservation to support MYHA ice recreational programs as follows: (a) Total Hours: Years: Hours: 2020-2021 600 hours 2021-2022 495 hours 2022-2023 350 hours 2023-2024 350 hours 2024-2025 350 hours (b) Of the Total Hours for each year in Article 2.C.(1)(a), 280 hours each year shall be reserved for Mahtomedi High School between the hours of 2:45 p.m. and 5:45 p.m., Monday through Friday. 185 hours will be reserved for practices (at least one slot of which will be after school) and 95 hours will be reserved for games at the St. Croix Rec. Center South Rink (which will be scheduled after Stillwater Area High School games). (c) Of the Total Hours in Article 2.C.(1)(a), excluding the hours allocated for Mahtomedi High School in Article 2.C.(1)(b), the balance of the hours to MYHA shall be reserved as follows: 3 Hours at Hours at Years: Lily Lake Ice Arena St. Croix Rec. Center North Rink 2020-2021 105 hours 215 hours 2021-2022 70 hours 145 hours 2022-2023 23 hours 47 hours 2023-2024 23 hours 47 hours 2024-2025 23 hours 47 hours (d) The hours reserved in Article 2.C.(1)(c) shall be split 50/50 between weekdays and weekends and shall be reserved in 4-hour blocks, if possible. (2) MYHA to Review Schedule of the Hours of Ice Time Reservations to City by June 1 of Each Year: On or before June 1 of each year, MYHA shall review and use the schedule of Ice Time availability provided by City, work with City Staff, and shall provide City with MYHA’s schedule for a minimum number of hours of Ice Time reservations for the usage hours set forth in Article 2.C.(1)(a) above. MYHA must reserve and pay for the minimum number of hours annually, whether used by MYHA or not. (3) Return of Ice Time Availability: City agrees that MYHA shall be allowed to return scheduled Ice Time after August 1 each year as long as MYHA provides 90 days’ written notice to the City prior to the date of the scheduled Ice Time, and provided however, that at no point will MYHA’s committed ice buy fall below minimum hour requirement of Article 2.C.(2). D. CIP Contribution. In exchange for priority use in this Agreement, MYHA shall make a one time capital contribution payment of $25,000 shall be due within five (5) days of the Effective Date. The CIP Contribution shall be dedicated and used by the City for capital improvement projects at the Ice Arena, as identified in the City’s CIP. E. Locker Rooms. City agrees that MYHA shall be allowed to use one male and one female locker room during its scheduled Ice Time at St. Croix Valley Recreation Center at a fee of $2,500 for the first season of the Agreement and in future years, at the rate identified in the City’s fee schedule. The fee shall be due and payable on or before Sept. 15 of each year of the Agreement. ARTICLE 3 REMEDIES If a party fails to perform one or more of its obligations under this Agreement, the non-defaulting party shall give the defaulting party written notice at the address set forth in this Agreement of the defaulting party’s failure to perform such obligations, and if the defaulting party fails to commence to perform the obligation within fifteen (15) business days and diligently pursue, to completion, the performance of the obligation as quickly as reasonably possible, the defaulting party is in default under this Agreement (hereinafter a “Default”). Upon the occurrence of a Default, the non- 4 defaulting party may avail itself of the following remedies after written notice and a reasonable opportunity to cure: A. The non-defaulting party may commence a civil action against the defaulting party for the specific enforcement of this Agreement; B. The non-defaulting party may initiate a civil action against the defaulting party seeking damages, equitable relief or such other relief as the Court may deem appropriate; The defaulting party must pay the non-defaulting party for any and all reasonable costs, including reasonable attorneys’ fees and court costs, the non-defaulting party incurs in connection with the non-defaulting party’s exercise of its rights under this Section. ARTICLE 4 GENERAL PROVISIONS A. Notices. All notices or communications required or permitted pursuant to this Agreement shall be either hand delivered or mailed to City and MYHA, certified mail, return-receipt requested, as the following address: City: City Administrator Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 MYHA: Mahtomedi Youth Hockey Association Attention: President Either party may change its address or authorized representative by written notice delivered to the other party pursuant to this section. B. Non-Assignability. Neither party shall assign an interest in this Agreement nor shall transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the other party. C. Amendment. Any alteration, amendment, variation, modification or waiver of the provisions of the Agreement shall be valid only after it has been reduced to writing and signed by all parties. D. Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on any one occasion by any party hereto shall not constitute a waiver or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive. 5 E. Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. F. Interpretation According to Minnesota Law. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. G. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. H. Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their permitted assigns, and nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature under or by reason of this Agreement. I. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original document and together shall constitute one instrument. J. Captions and Headings. Captions and headings used in the Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of the intent of this Agreement. [remainder of page intentionally left blank] 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. CITY OF STILLWATER By: Ted Kozlowski Mayor Attest: By: Beth Wolf City Clerk 7 MAHTOMEDI YOUTH HOCKEY ASSOCIATION By: President CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE MAHTOMEDI YOUTH HOCKEY ASSOCIATION FOR ICE TIME AT ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ICE ARENA WHEREAS, the City owns and operates two ice arenas known as the St. Croix Valley Recreation Center (South and North Rinks) and the Lily Lake Ice Arena (collectively, “the Ice Arena”); and WHEREAS, the City and Mahtomedi Youth Hockey Association (“MYHA”) desire to enter into a long‐term agreement whereby MYHA secures ice time for its programs at the Ice Arena, and the City is able to rely on the sale of a minimum number of hours of ice time as well as revenue to assist with funding its Capital Improvement Program at the Ice Arena. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby approve entering into an agreement with MYHA and authorize the appropriate City officials to execute such an agreement. Enacted by the City Council of the City of Stillwater, Minnesot a this 20th day of August, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk BOARD AGENDA 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 August 20, 2019 - 9:00 AM 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 August 6, 2019, County Board meeting minutes. B. Approval of Joint Powers Agreement No. 12839 between the State of Minnesota, Department of Corrections, Facilities Division and Washington County by and through the Washington County Attorney's Office for reimbursement of expenses related to state correctional facilities for the period of July 1, 2019, through June 30, 2020. C. Approve a grant application to the Department of Human Services in the amount of $137,500 for the Housing Supports for Adults with Serious Mental Illness program. D. Adopt a resolution to approve an application for an Exempt Permit of Minnesota Lawful Gambling received from Carpenter St. Croix Valley Nature Center, to conduct a raffle at Carpenter St. Croix Valley Nature Center, in Denmark Township on September 8, 2019. E. Approve amendment extending the expiration of Voting Equipment Grant Agreement with State of Minnesota from August 31, 2019 to March 31, 2020. F. Adopt a resolution authorizing application to request funding from the Minnesota Department of Transportation (MnDOT) through the Transportation Economic Development (TED) Program. G. Adopt resolution to award bid and authorize execution of Contract No. 12812 with Summit Food Services for food services at the Washington County Jail. H. Approve an amendment to Grant Agreement No. 11672 with the Office of National Drug Control Policy for participation in the High Intensity Drug Trafficking Program, which increases the grant award to $122,840, for the period of January 1, 2018, through December 31, 2019. I. Adopt a resolution authorizing the Washington County Sheriff's Office to accept a $2,800 donation from Linda and Mike Givens for the Canine Unit. 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 4. 9:10 Public Works - Cory Slagle, Assistant County Engineer (item A) - Eden Rogers, Engineer I (item B) A. Approval of Change Order No. 24 with Shafer Contracting Company, Inc., in the amount of $133,174.87 for the County State Aid Highway (CSAH) 15 and CSAH 14 Realignment Project (CIP #RB-2622). B. Award the bid to and authorize execution of Contract No. 12817 in the amount of $1,747,710.50 with S.M. Hentges & Sons, Inc., for the Lake Elmo Park Reserve Improvement Project (CIP # PARK-3008). 5. 9:35 General Administration - Molly O'Rourke, County Administrator 6. 9:45 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. 10:05 Executive (Closed) Session A.Closed session for the purpose of discussing labor relations strategy. 9. 10:35 Adjourn 10. 10:40 - :2020 Recommended Budget Workshops - Dan Starry, Sheriff A.Review the 2020 recommended budget for the Attorney's Office B.Review the 2020 recommended budget for the Community Corrections Department. '.Review the 2020 recommended budget for the Sheriff's Office. &Break . 12:5 Personnel Committee . 12:Finance Committee 1 %2$5'$*(1'$ %RDUGRI&RPPLVVLRQHUV )UDQ0LURQ'LVWULFW 6WDQ.DUZRVNL&KDLU'LVWULFW *DU\.ULHVHO'LVWULFW :D\QH$-RKQVRQ'LVWULFW /LVD:HLN'LVWULFW $XJXVW $0 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER :DVKLQJWRQ&RXQW\5HJLRQDO5DLO$XWKRULW\ $5ROO&DOO %3OHGJHRI$OOHJLDQFH &$SSURYDORI5HJLRQDO5DLO$XWKRULW\0LQXWHVIURP-XO\ '$GRSWDUHVROXWLRQDQGDSSURYHDPHQGPHQWWRMRLQWKH*UHDW5LYHU5DLO&RPPLVVLRQ ($GMRXUQ 5ROO&DOO &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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Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. &RQVHQW&DOHQGDU5ROO&DOO9RWH Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. 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This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. %RDUG&RUUHVSRQGHQFH $GMRXUQ %RDUG:RUNVKRSZLWK3XEOLF+HDOWKDQG(QYLURQPHQW0DXUHHQ+RIIPDQ3ODQQHU,, $8SGDWHRQ&RXQW\:DWHUVKHGFRPPXQLFDWLRQUHFRPPHQGDWLRQV %RDUG:RUNVKRSZLWK3XEOLF+HDOWKDQG(QYLURQPHQW1LNNL6WHZDUW(QYLURQPHQWDO 5HVRXUFH0DQDJHU6U $'LVFXVV&RXQW\:DVWH0DQDJHPHQW3ODQFDSLWDOLQYHVWPHQWSODQQLQJSULRULWLHV Washington : :County STILLWATER TOWN BOARD MEETING August 8, 2019 Town Hall 7:00 P.M. PRESENT: Chairperson Sheila-Marie Untiedt, Supervisors Tim Sinclair, Bonnie Haines and Mike McMahon, Clerk Kathy Schmoeckel, Planner Merritt Clapp-Smith, Treasurer Marsha Olson and Chief of Police Steve Nelson. 1. AGENDA – M/S/P McMahon/Sinclair moved to adopt the agenda as amended. (4 ayes) 2. MINUTES – M/S/P Haines/McMahon moved to approve the July 11, 2019 Stillwater Town Board Meeting minutes as written. (4 ayes) 3. ENGINEER – a. Road Maintenance/Snow Plow Contract – The Engineer will be asked to prepare specifications for renewal of our road maintenance/snow plow contracts. 4. TREASURER – a. Report given. b. Checks and Claims – Checks and Claims #44031 through #44049 were approved for payment. 5. PLANNER – a. Solar Energy System Request – The Rollies were present to discuss their interest in installing a ground mounted solar system that would be 2400 square feet which would require a variance. Their proposed array would be surrounded by trees. They have talked to their neighbors about this. The clearing where this is proposed to be located is 8,000 square feet. The current limit in size for a ground mounted array is 800 square feet which may not be generally practicable. The Planning Commission will be asked to look again at the ordinance. The Rollies will submit their application for a variance for consideration at the next Town Board meeting. b. Anderson Excavating Update – Karen Kill of Browns Creek Watershed District has brought to our attention the fact that some excavating work was being done on a lot in the area on the south side of Highway 36. They are planning to have a yard waste facility which would not be allowed in Stillwater Township. The Watershed District has already red-tagged them. The Planner will send them a letter to notify them that they are in violation of our zoning ordinance. 6. CHIEF OF POLICE – a. Report given. There were 5 burning permits in July. There are no impounds. There were a total of 71 complaints in July. b. Arcola Heights Park – Chief Nelson is still monitoring the park. There is very little activity and no real problems have been found. Stillwater Town Board Mtg. – 8/8/19 Page 2 c. Special Events Permits – Pete Cushner has applied for a Special Event Permit for a fund raiser to be held on September 7th if all of the requirements are met. d. Fairy Falls Parking – The sign was repaired and 3 out of 4 of them have been cleared of brush. Miller Excavating has been notified. No additional complaints have been received. e. New Park Ordinance – M/S/P Sinclair/Haines moved to adopt the new Park Ordinance #185 . (4 ayes) f. Sirens in Stillwater Township – Sheila-Marie Untiedt has received an inquiry as to why we do not have sirens. This was discussed in the past and it was decided that we are a township and a rural area and also people have access to other forms of weather information. 7. MILLER/RALEIGH UPDATE – There continues to be complaints about the truck traffic from the Raleigh mine on Stonebridge Trail. Sheila-Marie Untiedt has written to County Commissioner Gary Kreisel about the issues. 8. FAIRY FALLS ROAD NO PARKING SIGN – A resident has asked Washington County to put up a “No Parking” sign by their property. Washington County has asked us for a resolution supporting this. M/S/P McMahon/Sinclair moved to pass the Resolution supporting the installation of the sign. (4 ayes) 9. WASHINGTON COUNTY HISTORICAL SOCIETY – Brent Peterson will be attending our September meeting to discuss their proposed museum and to ask for financial assistance. 10. ADJOURNMENT – The meeting was adjourned at 8:55 p.m. Clerk______________________________________ Chairperson_________________________________ Approved___________________________________