HomeMy WebLinkAbout2019-09-17 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
REVISED AGENDA
CITY COUNCIL MEETING
September 17, 2019
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Proclamation: Constitution Week
2. Swearing in Police Officers - Officer Justin Dowley and Sargent Daniel Young – Postponed
V. OPEN FORUM ‐ the open forum is a portion of the council meeting to address council on subjects which are not a part
of the meeting agenda. The council may take action or reply at the time of the statement or may give direction to staff
regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to
5 minutes or less.
VI. STAFF REPORTS
3. Police Chief
4. Fire Chief
5. City Clerk
6. Community Development Director
7. Public Works Director
8. Finance Director
9. City Attorney
10. City Administrator
VII. CONSENT AGENDA ‐ all items listed under the consent agenda are considered to be routine by the city council and will
be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so
requests, in which event, the items will be removed from the consent agenda and considered separately.
11. September 3, 2019 special meeting and recessed meeting minutes
12. Payment of bills
13. CPC Case No. 2019-43 to amend City Code Sec. 41-7, Seasonal Outdoor Sales – Ordinance 2nd Reading
(correct document attached)
14. Microsoft Licensing Renewal
15. Library Board request for Capital Funds Reallocation
16. Sanitary sewer adjustments
VIII. PUBLIC HEARINGS ‐ out of respect for others in attendance, please limit your comments to 10 minutes or less.
None.
IX. UNFINISHED BUSINESS
17. Lambert Pre-Annexation Agreement
X. NEW BUSINESS
18. County Road 5 Feasibility Report
19. Koch dumpster agreement amendment
20. Curve Crest Boulevard Extension‐ Cost Share agreement
21. Interim Ordinance Prohibiting Demo Permits
XI. COUNCIL REQUEST ITEMS
XII. ADJOURN
CSAH 5 IMPROVEMENTS
PHASE 2
FEASIBILITY STUDY
STILLWATER CITY COUNCIL
SEPTEMBER 17, 2019
CSAH 5 STREET IMPROVEMENTS
PHASE 2
Washington County planned road and pedestrian improvements on County Road 5
Phase 1 Stillwater Boulevard and Olive street ( CroixwoodBouevardto Pine tree Trail) completed in 2018
2020 Phase 2-Olive and Owens Street-Pine Tree Trail to Sycamore Street.
2022 Phase 3 –Sycamore Street to TH 96 includes pedestrian connection to Browns Creek Trail
CSAH 5 STREET IMPROVEMENTS
PHASE 2
Project would consist of:
Mill and overlay-Entire length of project
Reconstruct concrete curbs and sidewalks
concrete-Owens ( Olive to Sycamore)
Narrow the street Owens (Mckusick to
Sycamore)
Olive to Mckusick ( 44’ to 42’)
Mckusick to Sycamore ( 44’ to 38’)
New sidewalk -east Side Owens ( Wilkins to
Sycamore)
Relocate storm structures and intersections
ADA pedestrian ramps at all intersections
Relocate hydrants at ramps
CSAH 5 STREET IMPROVEMENTS
PHASE 2
Project Costs
Total Estimated Project Cost $2,900,000.00
Per Washington County Cost Participation Policy, City of Stillwater is
responsible for 50% of new sidewalk and curb and gutter and a
percentage of the traffic control, erosion control and mobilization100%
for all water main and sanitary sewer work.
No City Charge for Mill and Overlay
Estimated construction cost -$322,586.57
Estimate total cost -$446,854.57
CSAH 5 STREET
IMPROVEMENTS PHASE 2
Funding
•Propose to assess cost of curb and sidewalks or
$206,773.13 to the property owners at 70%.
•Remaining costs to be paid for by the Water Board and
the City using Municipal State Aid funds ($ 240,081.44).
Water Board $50,111.14
City $189,970.30
CSAH 5 STREET IMPROVEMENT
PHASE 2
Funding
Assess per unit for single family homes(108 homes)
Interior lot ( 50)–1 unit (68.5 units)
Corner lot (37) -0.5 unit
Unit Assessment -interior $1806.22 per unit
corner -$903.11 per unit
Assess frontage length for commercial, City, and school
property
Front foot assessment $ 15.72/ lf
CSAH 5 STREET IMPROVEMENT
PHASE 2
Assessments $141,298.51
Water Board $50,111.14
City $255,444.92
Total Project $ 446,854.57
CSAH 5 STREET IMPROVEMENT
PHASE 2
PROPOSED SCHEDULE (Preliminary)
Feasibility Study -September 17, 2019
Public Hearing October 15, 2019
Approve Plans December 2019
Award Bid January 2020
Construction May –October 2020
Assessment Hearing October 2020
CSAH 5 STREET IMPROVEMENT
PHASE 2
PROJECT IS ENGINEERING AND FINANCIALLY FEASIBLE
RECOMMEND COUNCIL APPROVE FEASIBILITY STUDY AND
ORDER PUBLIC HEARING
ORDINANCE _________
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
AN INTERIM ORDINANCE PROHIBITING ACCEPTANCE,
CONSIDERATION, OR CONSIDERATION OF APPLICATIONS RELATED TO DEMOLITION
PERMITS FOR AN HISTORICALLY SIGNIFICANT BUILDING OR STRUCTURE OR A
BUILDING OR STRUCTURE THAT IS CONSIDERED AN HISTORIC RESOURCE
The City Council of the City of Stillwater does ordain:
WHEREAS, many cities have adopted interim ordinances to regulate, restrict or
prohibit a use, development, application, or subdivision in order to study the impacts of
certain applications and processes for the purpose of protecting the public health, safety and
welfare of their citizens; and
WHEREAS, the City is undertaking a study to consider changes and amendments to the
ordinances related to the historic preservation of buildings and structures, including the
alteration, designation, preservation and demolition of such buildings and structures and may
implement many of the suggestions from the study.
NOW, THEREFORE, pursuant to Minnesota Statutes, Section 462.355 subdivision 4,
the City Council of Stillwater does ordain:
SECTION 1. INTERIM ORDINANCE.
A. No applications or authorizations related to the demolition of historically
significant buildings or structures or buildings or structures that may be
considered an historic resource, as defined in City Code Section 34-2 shall be
accepted, considered, approved, authorized or consented to for twelve (12)
months from the effective date of this ordinance or until ordinances amending
such applications become effective, whichever occurs first;
B. All applications subject to this Interim Ordinance that are pending or that are
received during the time that this Interim Ordinance is in effect shall be deemed
to be denied for purposes of Minnesota Statutes, Section 15.99. The City staff shall
cause notification of such denial to be given to all applicants in writing stating the
adoption of this Interim Ordinance as the reason therefor. Any application fees
paid or escrow deposits made in connection with such applications shall be
returned or refunded to the applicant(s).
SECTION 2. STUDY. City Staff will conduct a study to gather information and make a
recommendation to determine how the Zoning Ordinance and City Code need to be amended
regarding these regulations, processes and applications to better protect public health,
safety and welfare of the citizens of Stillwater.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be effective after its passage and
publication according to law.
Approved this ____________day of __________________, 2019.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Publish: Stillwater Gazette – ______________________
216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us
REVISED AGENDA
CITY COUNCIL MEETING
September 17, 2019
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Proclamation: Constitution Week 2. Swearing in Police Officers - Officer Justin Dowley and Sargent Daniel Young – Postponed
V. OPEN FORUM - the open forum is a portion of the council meeting to address council on subjects which are not a part
of the meeting agenda. The council may take action or reply at the time of the statement or may give direction to staff
regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to
5 minutes or less.
VI. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Director 7. Public Works Director 8. Finance Director 9. City Attorney 10. City Administrator
VII. CONSENT AGENDA - all items listed under the consent agenda are considered to be routine by the city council and will
be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so
requests, in which event, the items will be removed from the consent agenda and considered separately. 11. September 3, 2019 special meeting and recessed meeting minutes 12. Payment of bills 13. CPC Case No. 2019-43 to amend City Code Sec. 41-7, Seasonal Outdoor Sales – Ordinance 2nd Reading
(correct document attached) 14. Microsoft Licensing Renewal 15. Library Board request for Capital Funds Reallocation 16. Sanitary sewer adjustments
VIII. PUBLIC HEARINGS - out of respect for others in attendance, please limit your comments to 10 minutes or less. None.
IX. UNFINISHED BUSINESS 17. Lambert Pre-Annexation Agreement
X. NEW BUSINESS 18. County Road 5 Feasibility Report 19. Koch dumpster agreement amendment
20. Curve Crest Boulevard Extension- Cost Share agreement
XI. COUNCIL REQUEST ITEMS
XII. ADJOURN
Page 1
LIST OF BILLS
Accela Inc Monthly UB web payments 487.85
Ace Hardware Supplies 159.78
Action Rental Inc.Compactor 60.00
AdvantageHealth Corp Wellness Presentation 610.00
AMI Consulting Engineers PA Riverbank stabilization 45,245.20
Armor Security Inc.Quarterly Monitoring Service 84.00
Aspen Mills Uniforms 2,191.25
AWI Diversified LLC St Croix River bench 1,100.00
Bell Jon Reimburse for work boots 149.99
Board of Water Commissioners Payable 2019 WB Assessments 10,208.35
Bruce Lenzen Design Build LLC Grading Escrow Refund 1,500.00
Bryan Rock Products Inc.Field supplies 734.08
Buberl Black Dirt Inc.21 yards dirt 315.00
CalAtlantic Homes Grading Escrow Refund 4,500.00
Cambronne Eric Reimburse for Work Boots 160.00
Campion Barrow & Associates Testing 525.00
CDW Government Inc.APC back ups 81.49
Century Power Equipment Equipment repair supplies 31.95
Cintas Corporation Mat cleaning service 189.26
City of Maplewood East Metro Training Facility 400.00
Comcast Cable TV 49.35
Dalco Janitorial supplies 571.48
ECM Publishers Meeting time change 19.00
Emergency Medical Products Blood pressure cuff 53.45
Emergency Response Solutions SCBA Flow Test 1,964.00
Enterprise FM Trust Lease vehicles 23,201.71
Fastenal Company Equipment repair supplies 1,161.36
Frontier Precision Inc.Equipment repair parts 345.72
Goodyear Commercial Tire Tires 471.68
Gopher State One Call Inc.Locates 445.50
Grainger Building repair supplies 28.76
Granicus Inc Qtrly web streaming service 1,733.25
Henricksen PSG Office furniture 7,646.71
Holiday Companies Vehicle washes 235.00
Kelly & Lemmons PA Prosecution 8,333.00
League of MN Cities Ins Tr Claim LMC GL 88050 26.68
LeVander Gillen Miller PA Professional services 22,643.76
Lincoln National Life Insurance Co COBRA Life Insurance 14.40
Loffler Companies IT Professional services 216.25
Mansfield Oil Company Fuel 3,600.45
Menards Supplies 2,224.49
Metropolitan Council Wastewater Charge 153,390.29
Miller Excavating Street Projects 197,599.91
MN Dept of Labor and Industry License renewal 30.00
MN State Fire Chiefs Assn Conference 650.00
Page 2
Modern Heating & Air Building repair charges 427.50
MP Nexlevel LLC Locating 2,200.00
Nobles John Reimburse for garage rental for squad 390.00
Office Depot Office supplies 475.17
OnSite Sanitation Portable Restroom 1,004.00
Peltier Robert Reimburse for work boots 149.99
Performance Plus LLC Drug screen 135.00
Powell Robert Reimburse for work boots 160.00
Quill Corporation Office supplies 199.95
Reubendale Myron & Phyllis Refund of Receipt # 190695 50.00
Safe Fast Inc Safety equipment 51.00
Sherwin Williams Paint 88.98
Simplifile LC Filing fees 50.00
SiteOne Landscape Supply Park supplies 24.03
SRF Consulting Group Professional services 5,800.14
St. Croix Boat and Packet Co.Dock Space Lease 2,666.67
St. Croix Recreation Fun Playgrounds Dog park fountain 3,210.00
Stillwater Motor Company Vehicle service 194.62
Stillwater Towing Towing services 250.00
SW/WC Service Cooperatives Retiree Health Insurance 78,738.01
T.A. Schifsky and Sons Asphalt 2,221.05
Thomson Reuters Information Charges 146.20
Toll Gas and Welding Supply Cylinders 45.38
Truck Utilities Inc.Equipment repair supplies 122.58
Uline Inc Building repair supplies 538.92
US Bank Paying agent fees 2,000.00
Verizon Wireless MN State contract mobile broad 800.66
Voyant Communications Phone 552.00
Waste Management Garbage Certification 29,312.19
Water Works Irrigation LLC Irrigation system at Northland Park 2,200.00
Wittman Abbi Jo Reimburse for SHPO conference hotel 658.74
Wold Architects and Engineers City Hall Project 198.00
WSB & Associates Inc.MS4 Services 247.50
Wulfing David Reimburse for uniform supplies 278.22
WWGoetsch Associates Inc Nelson St lift station repair 4,700.50
Xcel Energy Energy 16,075.35
REC CENTER
Ace Hardware Equipment repair supplies 135.07
Active Network LLC Maintenance agreement 5,130.00
Becker Arena Products Supplies 62.72
Braun Intertec Corporation Dome Project 2,481.00
Cintas Corporation Mat cleaning service 51.50
Comcast Internet 109.85
Ice Skating Institute Membership 170.00
Riedell Shoes Inc.Skates 234.20
Page 3
St. Croix Boat and Packet Co.Arena Billing July & August 91,398.11
CREDIT CARDS
Amazon.com Supplies 1,102.68
AnyPromo.com Nite to unite give- away 726.81
Backgroundchecks.com Back ground checks 66.90
Batteries Plus Bulbs Parking ramp fire panel batteries 138.00
Cub Foods Public safety briefing supplies 208.69
Festival Foods Public safety briefing supplies 64.45
Greater Stillwater Chamber of Commerce Leadership in the Valley 995.00
Hollotec Training - Hansen 495.00
Kwik Trip Beverages 23.01
Lowes Home Centers Inc.Equipment 462.16
Multi-Regional Training Center Membership 100.00
National Alliance of Preservation CommissionsMembership 100.00
Uline Inc PD armory supplies 246.97
Wolf Marine Fire boat fuel 110.01
USA Clean Vacuum cleaner handle 22.18
LIBRARY
Brodart Co Materials 4,416.58
Brookside Plumbing Inc Plumbing Repairs 425.00
Cintas Corporation Towels & Rugs 72.24
Comcast Internet/WiFi 188.06
Culligan of Stillwater Water 27.25
Faurot Kimberly Programs - JUV (SPLF)202.10
Friends of the Stillwater Public Library Friends reimbursement 453.50
Menards Janitorial Supplies`184.92
One23 Events LLC August 2019 Monthly Fee 2,000.00
Recorded Books Inc Materials 59.24
Star Tribune Materials 504.92
Stillwater Printing Co.Fall Program Guide 405.00
Value Line Publishing Inc.Materials 470.00
LIBRARY CREDIT CARD
Amazon.com Materials & supplies 394.66
Dream Host Web Hosting 15.00
Lakeshore Learning Materials Equipment 233.34
Mikes Electric Bikes Programs 48.21
Target Programs 7.78
Walgreens Supplies 41.76
Page 4
AUGUST MANUALS
BlueCross BlueShield of MN Inc.Retiree Health Ins 3,164.00
Century Link Telephone 368.91
Comcast Internet & Voice 279.60
Culligan of Stillwater Water 48.45
Enterprise FM Trust Lease vehicles 7,355.14
Floyd Total Security Security Monitoring (Aug-Nov)178.20
Holiday Credit Office Fuel 57.35
MN Library Assoc.MLA Membership (Petrie)170.00
Verizon Wireless MN State contract mobile broad 630.24
ADDENDUM
Action Rental Concrete & trailer rental 607.00
Autonation Equipment repair supplies 261.81
Braun Intertec Dome Project 7,502.50
Cintas Mats 44.48
Dalco Janitorial Supplies 184.51
Emergency Medical Products Blast bandages 47.95
Fleetpride Supplies 1,337.24
League of MN Cities Workers Comp 77,536.00
MWOA Section Meeting 80.00
Napa Auto Parts Supplies 1.28
Summit Companies Fire Sprinkler Service 475.00
Tri-State Pump & Control Pump 10,073.79
Xcel Energy Energy 456.04
TOTAL 877,395.11
Adopted by the City Council this
1st day of October, 2019
ORDINANCE NO. 1132
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
CHAPTER 41, ENTITLED SEASONAL OUTDOOR SALES
BY AMENDING THE REVIEW PROCESS FOR
SEASONAL FOOD VENDING
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN AS FOLLOWS: 1.Delete City Code Section 41-7, Subdivision 2, Subsections (4) and (5) and replacethem with the following:(4)The annual permit shall be reviewed by community developmentdepartment staff.2.Savings. In all other ways City Code Chapter 41-7 shall remain in full force andeffect. 3.Effective Date. This Ordinance will be in full force and effect from and after itspassage and publication according to law.Enacted by the City Council of the City of Stillwater this 17th day of September, 2019.
CITY OF STILLWATER
_______________________________ Ted Kozlowski, Mayor ATTEST:
_______________________________ Beth Wolf, City Clerk
CORRECTED DOCUMENT
Memo
DATE:
TO:
FROM:
RE:
September 16, 2019
Mayor and City Council
Sharon Provos, Finance Director
SanitaTy Sewer Ad justments
BACKGROUND:
Dmfog the course of any given year , sanitary sewer rate adjustment recommendations come before
Council. These adjustments are mainly due to leaks found during the comse of the year, but often stand
out more during the readings during the l st quarter of every year. For residential properties , sanitary
sewer billing rates are set during the 2nd qua1ter of every year using the water consumption (obtained
from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing
cycles (quarters) until the rates are reset again the following year.
As mentioned before, occasionally there are some properties that have experienced increased water
usage during the pt quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water
softener issues, pipe issues, etc.}. This increased water usage naturally in turn increases their sanitary
sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City
to explain their individual circumstance. We (Finance) then review consumption rates from
prior/current quarters to see if we can determine the duration/termination of the leak based on the
information provided to us by the water department and the resident/owner. This information then is
used to provide Council with new billing rate recommendations for upcoming billing periods (until the
new rates are reset the following year).
This practice has been used by the City for many years, and has been proven to be a fair and accurate
way for property owners to pay their fair share of the use of the sanitary sewer system.
RECOMMENDATION:
Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property
owners. These adjustments are expressed in gallons ( of consumption), based on the average
consumption of the prior 3 years, and converted to the new billing rate using the most current billing
rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing).
In other words, staff is recommending to Council that the property owner at least pay the increased
sanitary sewer rate for the billing period in which the leak occurred.
COUNCIL ACTION:
If Council agrees with Staffs recommendation, Council needs to approve staff recommendations as
listed on the attached Exhibit A.
Description of
Circumstance
1 Leaking water tank
CITY OF STILLWATER
EXHIBIT A
Winter Average
From
To
Gallons
17,000
15 ,000
Billing Quarter
Adjustment for
3rd
TO:
FROM:
DATE:
RE:
MEMORANDUM
Mayor and City Council
Shawn Sander~;ector of Public Works
September 17, 2019
Curve Crest Boulevard Extension-Cost Share agreement
DISCUSSION
Potential development in the southwest comer of the City, creates need for street and utilities
to serve the area. Ultimately, Curve Crest Boulevard is planned to connect to Manning
A venue, and sanitary sewer and water must be extended from the east to serve the
developments north and south of Highway 36. The City is proposing to work with the
consultant from Lakeview Hospital on a feasibility study to address both street and utilities
for the area north of Highway 36. Loucks and Associates has proposed a cost of $36,000 for
this study. Since most of the work involves expanding City utilities and streets in this area, it
proposed that the cost to the City should be 75% or $27,000. Both Community Development
Director and I have looked at the scope of the study and agree to both the scope and the cost.
Attached is a Cost Sharing Letter of Agreement with Lakeview Hospital specifying the City
responsibility of costs. The City would pay its share of the consultant fees from
Engineering, Sanitary Sewer, and Storm Sewer Funds to pay its share.
RECOMMENDATION
It is recommended that the City accept the cost share letter agreement with Lakeview
Hospital for the Preliminary Feasibility Study for the Curve Crest Boulevard Extension.
ACTION REQUIRED
If Council concurs with the recommendation, they should pass a motion accepting the Cost
Share Letter agreement with Lakeview Hospital for the Preliminary Feasibility Study for
the Curve Crest Boulevard Extension.
Lakeview Hospital
927 Churchill Slreet West
Stillwater, MN 55082
651 -439-5330
800-423-7212
lakeviewhealth.org
September 11 , 2019
City of Stillwater
216 Fomth St N
Stillwater, MN 55082
Attn: Mr. Bill Turnblad, Planning Director
(+) Lakeview Hospital
HealthPartners•
Via email only to: brumhlod((J:)ci.sti/lwr:tler.11111.us
Re: Preliminary Feasibility Study -Cost Sharing Letter Agreement
Curve Crest Blvd. Extension West to 62"11 Street/Manning Avenue
Dear Mr. Turnblad
The purpose of this letter is to memorialize the agreement between the City of Stillwater ("City") and
Lakeview Hospital ("Lakeview") with respect to the preliminary feasibility study of roadway, utility and
grading work to extend Curve Crest Boulevard from its current location, west to 6211d Street/Manning
Avenue (the "Study"). Specifically, Lakeview will contract with Loucks Associates to complete the
Study pursuant to the scope of work dated September 11, 2019 and attached to this letter (the "Scope of
Work". Any additional services beyond this Scope of Work must be approved by the City. The Study
will be completed in accordance with the time line established in the Scope of Work.
The cost of the Study will be shared by the City and Lakeview on a cost-share basis of 75% (City) and
25% (Lakeview). Each party will pay its propottionate share of the cost of the work upon receipt of the
consultant's invoice and confirmation of completion of the scope of work by both the City and Lakeview.
The City will be billed lump sum for its share at the completion of the work.
Please confirm the City's agreement to the above by signing below and returning an executed copy to my
attention. We look forward to proceeding with this impo1tant phase of work with the City of Stillwater.
Sincerely,
~L<µ---
Doug Johnson
Vice President and Chief Financial Officer
Agreed and Accepted th is __ day of September 20 l 9 .
City of Stillwater
By:----------
Its: -----~------
Our mission is to improve health and we/I-being in partnership with our members, patients and comm unity.
September 11, 2019
Mr. Douglas E. Johnson
Vice President and Chief Financial Officer
Lakeview Hospital
927 Churchill St. W .
Stillwater, MN 55082
RE: Proposal for Professional Services
Proposed Lakeview Parcel in Stillwater, MN
Loucks Proposal No. P19687 .00
Dear Mr. Anderson,
I. LOUCKS
Thank you for your interest in our proposal to provide professional civil engineering services for the
Lakeview parcel in Stillwater, Minnesota. We understand that the project will consist of a feasibility study
for the new Curve Crest road extension through the Lakeview parcel. We have based our proposal on
the information from our meeting with the City of Stillwater.
We have extensive experience with feasibility studies, having just completed a study in Bemidji. We
know this site well and have previously analyzed the grading and layout for the hospital site. This
Feasibility study will include grading analysis and design of the new road and connection points. This
includes analysis of the ravine elevations, tree removal, storm sewer/drainage and storm water
treatment. This proposal also includes sanitary sewer and water schematic design. We look forward to
working with the City of Stillwater and the Lakeview team .
Loucks considers this document a contract for the work described below. We will begin our work on
receipt of this signed document. Therefore, if there are any items that do not meet your needs, please
let us know and we will make the necessary adjustments before we begin.
SCOPE OF SERVICES
1. FEASIBILITY STUDY
Loucks will:
a. Analyze the site topography, potential access points, tree cover, and soils information to
assist in siting the road, sanitary sewer and water layout. This includes analysis of the ravine
and the connection to existing Curve Crest Boulevard.
b. Analyze the storm sewer discharge through the site as it relates to the new roadway. This
pertains to the existing storm sewer discharge from under Highway 36 into this site . This
will likely include extending the storm sewer pipes under the new road.
c. Mass grade the site. This includes determining likely finished floor elevations and access
points for the hospital and ancillary uses. This will consist of using the information we
previously prepared for Lakeview to assist in determining the road grades and access
points.
d. Perform earthwork calculations for the road and site. This will help us in adjusting grades
for the road and site to attempt to balance the site or get as close as possible to balancing.
e. Prepare a Preliminary Design of the road including plan and profiles to review with the
team . Including from the existing Curve Crest Boulevard to 62"d Street and through to
Manning Avenue.
PLANNING I CIVIi ff\JGl,\JEERII\ICi I LAJ\ID SURVEYII\JG I LAJ\IDSC:APE ARC:HITF.:CTUflE I E N\/!IWJ\JMEf\lTAL
www lou cksinc corn I 7200 Hemlock Lane, Suite 300, Maple Grove, MN 55369 I 763.424 5505
f. Prepare a Preliminary Design of the sanitary sewer and watermain under the road to
connect to the city sanitary sewer and water east of the site in the existing Curve Crest
Boulevard.
g. Preliminary storm water treatment analysis for the road and Lakeview site. This includes
analyzing the elevations and storm sewer to convey the stormwater to the proposed
treatment locations.
h. Developing a preliminary cost estimate from a third-party construction company covering
the preliminary scope based on 2019 historical cost data.
i. Meetings with the team and City as needed. It is assumed that no more than five (5)
meetings will be required.
ASSUMPTIONS
1. This proposal assumes a stated number of meetings. Additional meetings may be considered
additional services and billed at the attached hourly rates. We will notify the client prior to
attending meetings that would be considered an additional service.
2. This proposal does not include any surveying. We have a complete survey for the Lakeview
parcel. We will coordinate with the City of Stillwater to get what they have for Curve Crest
and the Bradshaw parcel between Associated Eye Care and the Lakeview parcel. We will then
plan to supplement with LIDAR contours.
3. Delays resulting from the project being placed on hold will result in re-start expenses that will
be billed as additional services.
TIMING
We will commence our preparation and research into mapping and records upon your
authorization to proceed. Estimated time frame is approximately 60 days from authorization.
COMPENSATION
1. Compensation for services described in the Scope of Services above shall the following :
ACTIVITY
FEASIBILITY STUDY
a. Analyze the site
b. Analyze the storm sewer/drainage
c. Mass grade Lakeview site
d. Earthwork
e. Road Design
f. Sanitary & Water Design
g. Stormwater Treatment
h. Cost Estimate
h . Meetings
Total
FEE
$2,300
$2,100
$3,500
$3,200
$9,000
$7,900
$4,200
$1,200
$2.600
$36,000
a . Reimbursable expenses such as mileage and delivery service will be billed in addition to the
lump sum or unit prices quoted above .
b . Invoices will be sent once a month based on the percentage of work complete d and/or
additional services performed through the date of billing . Payments on invoices are due
upon receipt. Account balances over 30 days will be charged a late c harge of 1 .0% per
month .
September 11, 2019 Curve Crest Road Feasibility Study Page 2
CLOSURE
Only the services listed above in the Scope of Services are included in this proposal. If additional
services are required, they shall be provided in accordance with the attached hourly rate fee
schedule. Loucks appreciates the opportunity to present this proposal to you. It is being
provided via email, for you to sign and return via email if acceptable to you, as written
authorization to proceed .
Attached to th is proposal are Loucks' General Conditions and Hourly Rate Fee Schedule, which
are part of this agreement. By signing th is contract, you are agreeing that they have been read,
understood and accepted. We would appreciate the opportunity to personally discuss th is
proposal/contract with you at your earliest convenience.
This proposal is valid for a period of 30 days from the date of this proposal.
Sincerely,
LOUCKS
Encl . Loucks' General Conditions
Loucks' Hourly Rate Fee Schedule
Authorization to Proceed:
By :
Lakeview Hospital
~s~
CEO & Principal Civil Eng ineer
Date:
Loucks is an Equal Opportunity Employer.
September 11, 2019 Curve Crest Road Feasibility Study Page 3
HOURLY RATE FEE SCHEDULE :.LOUCKS
Effective January 1, 2019
Services performed on an hourly basis will be invoiced based on actual hours worked in accordance with the
following itemized staffing descriptions. Reimbursable external expenses including, but not limited to, sub-
consultants, duplication, messenger service, travel, postage and expendable field supplies will be billed to
the client at the actual rate, plus 10%.
DISCIPLINE JOB CLASSIFICATION HOURLY RATE
Planning Senior Planner ................................................................. $192
Senior Site Designer .......................................................... 137
Landscape Architecture Principal Landscape Architect ........................................... 194
Senior Landscape Architect ............................................... 157
Landscape Architect .......................................................... 137
Site Design Technician ...................................................... 124
Engineering Principal Engineer .............................................................. 206
Associate Engineer ............................................................ 187
Senior Project Engineer I Manager ................................... 182
Project Engineer I Manager ............................................... 165
Engineer In Training (EIT) .................................................. 137
Senior Engineering Technician .......................................... 126
Engineering Technician ..................................................... 103
Senior Construction Representative ................................. 134
Construction Representative ............................................. 103
Surveying Principal Surveyor .............................................................. 206
Senior Surveyor ................................................................. 181
Project Surveyor ................................................................ 137
Land Surveyor in Training .................................................. 132
Senior Survey Technician ................................................... 126
Survey Technician .............................................................. 111
Survey Crew Chief ............................................................. 129
Instrument Person ............................................................. 103
Two Person Survey Crew* ................................................. 232
One Person Survey Crew* ................................................. 170
*For Projects Requiring Certified Health &
Safety Training Add Per Employee ..................................... 57
Scanning 3D Imaging Crew Chief with Scanner ............................... 289
3D Imaging Technician ...................................................... 155
Graphics Graphic Designer ............................................................... 129
Graphic Artist .................................................................... 114
Administration Administration A ssistan ce (Clerical) .................................... 95
Reimbursable Expenses Mileage .............................................................. per m i le 0.58
Mylar Film .............................................................. ea ch 26 .00
Plan Size Photocopies I Blueprints .......................... ea ch 2.50
Photocopies -Black & White (8 Y2 x 11 ) .................. each 0.10
Photocopies -Color (8 Y2 x 11 ) ................................ each 0 .50
Photocopies -Black & White (11 x 17) .................... each 0 .15
Photo cop ies -Color (11 x 17) .................................. each 1.00
PLAI\INII\IG I CIVIL [i\JGll'!Et!<ING LJ\c.JD SUfNEYING I lAI\IDSCI\PE Al,CHITECflJRE I E1'~\/lfl()c-lMF1\ifAL
GENERAL CONDITIONS I. LOUCKS
1.0 CLIENT RESPONSIBILITY
1.1 . The CLIENT shall provide or make available all existing data that could possibly have a bearing on the decisions or
recommendations made by Loucks including:
1.1.1. The CLIENT shall provide a copy of an Abstract or Title commitment for the parcel within seven (7) days of
agreement date.
1.1.2. The CLIENT shall provide a copy of all staff reports, meeting minutes and pertinent correspondence as they
become available. This information shall be furnished as expeditiously as necessary for the orderly progress of
Loucks services and of the work.
1.1.3 . The CLIENT shall provide, as requested, information regarding requirements for the Project that shall set forth the
CLIENT's design objectives, constraints and criteria, including building area, building types and site requirements.
1.1.4. The CLIENT shall examine the documents prepared by Loucks and shall render decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of Loucks services.
1.1.5. The CLIENT shall furnish reports and professional recommendations and other services of soil engineers or other
consultants when such services are deemed necessary by Loucks. Consultants hired by the CLIENT shall carry
liability, errors and omission and other pertinent insurance. The services may include test borings, test pits, soil
bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, etc.
1.1.6. Loucks shall receive copies of all soil borings, compaction tests and reports.
1.2. If the CLIENT observes or otherwise becomes aware of any fault or defect in the Project or non conformance with the
Construction Documents, prompt written notice thereof shall be given by the CLIENT to Loucks.
1.3. The CLIENT shall provide for Loucks right to enter from time to time property owned by the CLIENT and/or others in order
for Loucks to fulfill the Scope of Services indicated herein. The CLIENT understands that use of equipment may unavoidably
cause some damage, the correction of which is not part of this agreement.
2.0 PAYMENT TO LOUCKS
2.1 . Invoices will be submitted to the CLIENT from time to time, generally monthly but no more frequently than every two weeks
and shall be due and payable within thirty (30) calendar days of the invoice date.
2.2. If the CLIENT objects to all or any portion of an invoice, the CLIENT shall so notify Loucks in writing within thirty (30)
calendar days of the invoice date, identify the cause of disagreement and pay when due that portion of the invoice, if any,
not in dispute. The CLIENT forfeits his objection by failure to respond within thirty (30) days. Loucks and CLIENT shall strive
to resolve disputed amounts within 45 days. If the dispute cannot be resolved, either party has the right to suspend or
terminate this agreement.
2.3. The CLIENT shall pay an additional carrying charge of one (1.0) percent of the invoice amount per month for any payment
received by Loucks more than thirty (30) calendar days from the date of the invoice, excepting any portions of the invoice
amount in dispute and resolved in favor of the CLIENT.
2.3.1. Payment thereafter shall first be applied to the carrying charges and then to the principal unpaid amount.
2.3.2. Application of the additional carrying charge indicated above as a consequence of the CLIENT's late payments
does not constitute any willingness on Loucks part to finance the CLIENT's operation, and no such willingness
should be inferred.
2.4. Payment of invoices is in no case subject to unilateral discounting or setoffs by the CLIENT.
2.5. If the CLIENT fails to pay undisputed invoiced amounts within sixty (60) calendar days of the date of the invoice, Loucks may
at any time, without waiving any other claims against the CLIENT and without thereby incurring any liability to the CLIENT,
suspend or terminate this agreement.
PLANNING I C!Vil ENGl!\JEERiNG i LAND SURVEYING I LANDSCAPE ARCH ITECTURE I ENVIRONMENTAL
www.loucksinc.com I 7200 Hemlock lane, Suite 300, Maple Grove, MN 55369 I 763.424.5505
2.6 . (a) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR
PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE
CONTRIBUTIONS.
(b) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS
FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD
THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE
GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE
IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.
2.7 . In the event that litigation is required to collect undisputed invoiced amounts, Loucks shall be reimbursed by the CLIENT for
Loucks legal costs in addition to whatever other judgment or settlement sums, if any, may be due . Such legal costs shall
include, but not be lim ited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses,
as well as the value of time spent by Loucks in researching the issues in question, discussing matters with attorneys and
others, preparing for depositions, responding to interrogatories and so on. The value of time spent and the expenses
incurred shall be based on Loucks prevailing fee schedule and expense reimbursement policy relative to the recovery of
direct project costs. The same considerations apply to the prevailing party, either the CLIENT or Loucks, when litigation or
arbitration is needed to resolve properly noticed disputed invoiced amounts.
3.0 ADDITIONAL SERVICES AND/OR EXCLUDED SERVICES
3 .1. Unless specifically included in the Scope of Services, the following services are not included in this agreement. They shall be
provided if agreed to in writing by the CLIENT and Loucks . In general, tasks not specified w ithin the Scope of Services will
be prepared in accordance with the prevailing hourly fee schedule.
3.2. Revisions to plans that are requested by the CLIENT, the CLIENT's architect or representative or required by the city, its
consultants, watershed, county surveyor, DNR, Corps of Engineers, or other regulatory agency if it is not clearly
demonstrated that the cause for change is an error or omission on Loucks behalf.
3 .3 . The CLIENT shall also pay all Reimbursable Charges and other costs directly attributable to termination or suspension for
which Loucks is not otherwise compensated.
3.4 . If the services covered by the Agreement have not been completed within eighteen (18) months of the date of this
Agreement, through no fault of Loucks, the amount of compensation shall be equitably adjusted using the prevailing hourly
fee schedule.
3 .5 . If the CLIENT requests a task be completed in a time frame which requires Loucks employees to work beyond 8 hours per
working day (Monday through Friday), and it is solely based on the CLIENT's request and not Loucks integral workload,
Loucks may negotiate additional compensation for fast tracking a specific task.
3 .6. In that it would be unfair for Loucks to be exposed to liability for his or her failure to perform a service the CLIENT has
instructed Loucks not to perform, due to the CLIENT's preference or desire to obtain such service from another source, the
CLIENT hereby waives any claim against LOUCKS and agrees to defend, indemnify and hold LOUCKS harmless from any
claim or liability for i njury or loss allegedly arising from Loucks failure to perform a service the CLIENT has instructed Loucks
to not perform . The CLIENT further agrees to compensate Loucks for any time spent or expenses incurred by Loucks in
defense of any such claim, in accordance with Loucks prevailing fee schedule and expense reimbursement policy.
3 .7 . The CLIENT has relied on Loucks judgment in establishing the work scope and fee for this project, given the project's nature
and risks. The CLIENT shall therefore rely on Loucks judgment as to the continued adequacy of this agreement in light of
occurrences or discoveries that were not originally contemplated by or known to Loucks . Should Loucks call for contract re
negotiation, Loucks shall identify the changed conditions which in Loucks judgment makes such re negotiation necessary,
and Loucks and the CLIENT shall promptly and in good faith enter into re negotiation of this agreement to help permit
Loucks to continue to meet the CLIENT's needs. If re negotiated terms cannot be agreed to, the CLIENT agrees that Loucks
has an absolute right to terminate this AGREEMENT.
4.0 REIMBURSABLE EXPENSES
4 .1. In addition to the Compensation for Basic and Additional Services, the following Reimbursable Charges are due to Loucks
from the CLIENT, for reasonable charges incurred or established by Loucks in the interest of the Project:
4.2. Transportation in connection with the Project, out-of-town travel, long-distance communications, blueprints, reproductions,
copies, deliveries performed by Loucks or outside delivery services, and fees paid for securing approval by authorities having
jurisdiction over the Project.
4.3. The plat check fee and the cost of the plat mylars are reimbursable expenses to be paid by the CLIENT .
5.0 OPINION OF PROBABLE CONSTRUCTION COSTS
5.1. If contained in the Scope of Services or if requested as an additional service, Loucks shall submit to the CLIENT an opinion of
the probable cost required to construct work recommended, designed, or specified by Loucks. Loucks is not a construction
cost estimator or construction contractor, nor should Loucks rendering an opinion of probable construction costs be
considered equivalent to the nature and extent of service that a construction cost estimator or construction contractor
would provide. Loucks opinion will be based solely upon his or her own experience with construction. This requires Loucks
to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other
design professions engaged; the means and methods of construction the contractor will employ; the cost and extent of
labor, equipment and materials the CONTRACTOR will employ; CONTRACTOR's techniques in determining prices and
market conditions at the time, and other factors over which Loucks has no control. Given the assumptions that must be
made, Loucks cannot guarantee the accuracy of his or her opinions of cost, and -in recognition of that fact -the CLIENT
waives any claim against Loucks relative to the accuracy of Loucks opinion of probable construction cost.
6.0 CONSTRUCTION MANAGEMENT, OBSERVATION ANTI TESTING
6.1 . Loucks shall render Construction Document interpretations necessary for the property execution or progress of those
portions of the Work designed by Loucks with reasonable promptness.
6.2. Loucks will provide periodic observation of grading, utility and street construction activities as specified in under the SCOPE
OF SERVICES.
6.3. Loucks will verify field measured quantities for payment to the construction contractor as specified under the SCOPE OF
SERVICES.
7.0 SHOP DRAWING REVIEW
7 .1 . Loucks shall timely review and take appropriate action upon the construction contractor's submittals of Shop Drawings,
Products Data and Samples. Such action shall be taken with reasonable promptness to insure job progress. Loucks review of
a specific item shall not pass design responsibility for that item to Loucks when the design aspects are the responsibility of
other designers. Instead this review would be to verity conformance of that specific item as a component within an entire
assembly.
8.0 CONSTRUCTION STAKING
8.1 . Loucks shall be notified at least two (2) working days prior to the time that the construction stakes are required. No
additional compensation shall be allowed for any claims of crews being held up because of lack of I ine and grade stakes. If
Loucks survey crew arrives at the site to perform construction staking at a specified date and time as requested, but the
scheduled work cannot be performed due to circumstances beyond Loucks control, the waiting and/or travel time will be
considered additional services.
8.2 . After any part of the staking has been completed, the CLIENT and/or contractor shall be responsible for the proper
execution of the work such lines and grades and all stakes or other marks given shall be protected and preserved until the
work is completed and checked. Restaking shall be considered as an additional service, less it is to correct an error in the
original staking.
8.3 . The CLIENT and/or contractor shall assist Loucks in staking utility lines by exposing potentially conflicting utility lines for
determination of line elevation and location.
8.4 . If Loucks is not retained to perform construction observation, the client or his representative shall review the construction
staking and/or cut sheets for general conformity to the plans and immediately report any obvious discrepancies to Loucks. If
work is performed after knowing a possible staking error exists, it will be at the sole responsibility of the CLIENT or
Contractor.
8.5 . The cost of resetting lost irons will be invoiced to the CLIENT at Loucks' standard hourly rates.
8 .6 . Loucks shall be held harmless by the CLIENT for any losses resulting from houses that are staked by other surveyors prior to
installation of lot corners.
9.0 JOB SAFETY
9 .1. Insofar as job site safety is concerned, Loucks is responsible for his or her own and his or her employee's activities on the
jobsite, but this shall not be construed to relieve the CLIENT or any construction contractors from their responsibilities for
maintaining a safe job site. Neither the professional activities of Loucks nor the presence of Loucks or his or her employees
and subcontractors, shal l be construed to i mply Loucks has any responsib i lity for methods of work performance,
superintendent, sequencing of construction, or safety in, on or about the job site. The CLIENT agrees that the Construction
Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's
agreement w ith the Construction Contractor. The CLIENT also warrants that Loucks shall be made an additional insured
under the Construction Contractor's general liability insurance policy.
10.0 RECORD DRAWINGS
10.1 . Upon completion of the work, Loucks shall compile for and deliver to the CLIENT, a complete set of record documents using
information furnished to Loucks by the construction contractor and as measured by the field representatives. This set of
documents shall consist of the original plan sheets altered by striking our original elevation or distance and writing the
record information .
10.2. In that the record drawings are based partially on information provided by others, Loucks cannot and does not warrant their
accuracy beyond that which Loucks is directly responsible .
10.3 . A reproducible set of the record drawings will be provided for the City's use and the originals retained in Loucks files for
future use.
11.0 STANDARD OF PRACTICE
11 .1. Services performed by Loucks under this agreement will be conducted in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions . No other
representation, expressed or implied, and no warranty or guarantee is included or intended in th is Agreement, or in any
report opinion, document or otherwise.
12.0 TERMINATION OF AGREEMENT AND/OR SUSPENSION OF WORK
12 .1. This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to
perform in accordance with its terms through no fault of the party initiating the termination .
12.2. This Agreement may be terminated by the CLIENT upon at least seven days written notice to Loucks in the event that the
project is permanently abandoned.
12.3. The CLIENT may instruct Loucks to temporarily stop work on the project by giving written notice .
12.4 . The CLIENT shall pay all costs associated with the suspension or termination of work, including demobilization, modifying
schedules, reassigning personnel, etc.
13.0 MISCELLANEOUS PROVISIONS
13 .1. This Agreement shall be governed by Minnesota Law .
13.2. The CLIENT and Loucks waive all rights against each other and against Loucks, agents and employees of the other for
damages during construction covered by any property insurance. The CLIENT and Loucks each shall require appropriate
similar waivers from their contractors, consu ltants and agents . Where any property insurance policy requires an endorsement
to permit wa iver of subrogation, the CLIENT shal l obtain such endorsement.
13.3 . Loucks shall remain the owners of all plans, designs and papers related to the above referenced project. In the event of any
nonpayment of invoices, Loucks shall be under no obligation to deliver any such plans, designs or other papers to you, and
shall have no liabi li ty to you for its retention of such plans unless full and prompt payment is made .
216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us
AGENDA
CITY COUNCIL MEETING
September 17, 2019
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Proclamation: Constitution Week 2. Swearing in Police Officers - Officer Justin Dowley and Sargent Daniel Young
V. OPEN FORUM - the open forum is a portion of the council meeting to address council on subjects which are not a part
of the meeting agenda. The council may take action or reply at the time of the statement or may give direction to staff
regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to
5 minutes or less.
VI. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Director 7. Public Works Director 8. Finance Director 9. City Attorney 10. City Administrator
VII. CONSENT AGENDA - all items listed under the consent agenda are considered to be routine by the city council and will
be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so
requests, in which event, the items will be removed from the consent agenda and considered separately. 11. September 3, 2019 special meeting and recessed meeting minutes 12. Payment of bills 13. CPC Case No. 2019-43 to amend City Code Sec. 41-7, Seasonal Outdoor Sales – Ordinance 2nd Reading 14. Microsoft Licensing Renewal 15. Library Board request for Capital Funds Reallocation
VIII. PUBLIC HEARINGS - out of respect for others in attendance, please limit your comments to 10 minutes or less. None.
IX. UNFINISHED BUSINESS 16. Lambert Pre-Annexation Agreement
X. NEW BUSINESS 17. County Road 5 Feasibility Report 18. Koch dumpster agreement amendment
XI. COUNCIL REQUEST ITEMS
XII. ADJOURN
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CONSTITUTION WEEK
WHEREAS: September 17, 2019, marks the two hundred thirty-second anniversary
of the drafting of the Constitution of the Unites States of America by the Constitution
Convention; and
WHEREAS: It is fitting and proper to accord official recognition to this magnificent
document and its memorable anniversary; and to the patriotic celebrations which will
commemorate the occasion; and
WHERE AS: Public Law 915 guarantees the issuing of the proclamation each year by
the President of the United States of America designating September 17 through September
23 as Constitution Week;
NOW, THEREFORE: I, Ted Kozlowski, by virtue of the authority vested in me, as
Mayor of the City of Stillwater in the State of Minnesota, do hereby proclaim the week of
September 17 through September 23 as
-CONSTITUTION WEEK -
and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly
protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that
lost rights may never be regained.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Stillwater, Minnesota, to be affixed this day 17th of September, of the year of our Lord two
thousand nineteen.
216 4th Street N, Stillwater, MN 55082
651‐430‐8800
www.ci.stillwater.mn.us
CITY COUNCIL MEETING MINUTES
September 3, 2019
REGULAR MEETING 3:30 P.M.
Mayor Kozlowski called the meeting to order at 3:33 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna
Absent: None
Staff present: City Administrator McCarty
City Attorney Land
Community Development Director Turnblad
Police Chief Gannaway
Fire Chief Glaser
Deputy Fire Chief Ballis
Public Works Director Sanders
Finance Director Provos
Human Resources Director Robole
MIS Manager Holman
City Clerk Wolf
OTHER BUSINESS
Curling Club Facility Discussion
Community Development Director Turnblad informed the Council that curlers from the St
Croix Valley area would like to construct an eight‐sheet curling center on Stillwater’s
recreation center property. The facility would include food and beverage service that would
be available to patrons of the recreation center, and meeting rooms that could be used by
the public. In return, the curling group hopes the City Council would lease the land for $1 a
year. Currently there is a lack of parking for many of the hockey events. The curling club
facility would increase the parking shortage, unless additional parking is constructed. There
are two options for configuration of the center and the new parking lots.
Councilmember Weidner stated he thinks it would be a good amenity and would like to
figure out how it would benefit the entire community.
Mr. Turnblad stated the meeting rooms and the restaurant/bar area would be available to
the public. The lease length has not been discussed yet. He bel ieves there could be some type
of cost‐sharing arrangement for construction of the additional parking spaces. Staff can look
into some cost‐sharing models.
Councilmember Polehna questioned why the City would rent the land for $1.
Jim Honsvall, treasurer of the St. Croix Valley Curling Center Board, told the Council that
they are open to almost any arrangement and are ready to start fundraising. They are a
501(C)3 nonprofit. The center could be owned by the City and the Curling Board would run
City Council Meeting September 3, 2019
Page 2 of 11
it. It could become the premiere club in the country, attracting 1,400‐1,600 curlers a year
and drawing $1 million in revenue from leagues, tournaments, and corporate events.
Councilmember Weidner stated he would like to know about other groups that have done
this and how the public/private partnership would work.
City Administrator McCarty stated that about 20+ years ago the City authorized a group to
act as a sports commission to do the fundraising for the St. Croix Valley Recreation Center.
Staff will research that again and bring back more information.
Budget Workshop
City Administrator McCarty explained the updated tax capacity figures received from
Washington County.
Finance Director Provos added that changes the County made to some of their estimates
brought the City’s proposed property tax rate from 53.77% down to 52.58%. She reviewed
the tax impacts on residential properties.
Mr. McCarty summarized the staff positions that were requested versus recommended, and
the consulting fees that are included in the proposed 2020 operating budget.
Councilmember Weidner remarked if the Police Department organizational review is not
going to be done until after a new chief comes, he would like the IT department analysis
moved up.
Mayor Kozlowski added that instead of just looking at software, he would like the analysis
to look at everything ‐ hardware, software, and management services.
Council consensus was to eliminate the $30,000 for the Police Department organizational
review and reallocate whatever dollars are required to look at the whole MIS Department.
MIS Manager Holman explained that the GIS portion of the requested IT position was an
attempt to combine an IT Technician position and also provide GIS Services to City
departments. If the Council feels the GIS portion is not needed, maybe the Department could
still move forward with a part time IT position.
Mayor Kozlowski asked if staff has looked at using managed providers. He would like to
address this question in the organizational review of the IT Department.
Ms. Holman replied she has looked at using Logis, but it would require that the City use their
software whether it meets the needs or not. Contracted IT services would be a lot more
expensive than in house services.
Councilmember Weidner stated he does not feel compelled to add the GIS staffing
component.
Mr. McCarty stated a departmental review usually takes 90 days to get a recommendation,
then the Council would sort through the recommendations and then move forward.
Mr. McCarty went on to state the Police Chief recommended hiring 4 officers and
administration recommended one full time. This could be changed to two part time or the
start date could be changed.
Council consensus was to hire one full time officer rather than two part time officers.
City Council Meeting September 3, 2019
Page 3 of 11
Public Works Director Sanders stated the new Park and Recreation Manager position
requested is to take over duties that are currently spread among several employees.
Councilmember Junker questioned whether Park and Rec Manager would constitute a full
time job; and Councilmember Polehna responded that it is more than a full time job. The
City is being criticized for being slow to complete master plans for properties like the Aiple
Property.
Councilmember Weidner asked if the Public Works organizational review is taking into
account some senior management who may be nearing retirement age; and Mr. Sanders
answered that part of the Public Works organizational review is looking to see how the
department could be split into three or four areas ‐ a streets, utilities and parks model,
whereas now it is all under public works.
Mr. McCarty went on to discuss the Sanitary Sewer Rate Analysis and review the two options
for increasing sewer rates. An appropriate ordinance amendment will be brought to the
Council for action. He reviewed the Washington County Historic Society’s Capital Campaign
request for $250,000 spread over 5 years. The City has been providing $5,000 operating
support annually.
Councilmember Weidner pointed out that population‐wise, Stillwater is a small percentage
of the area covered by the Washington County Historical Society. He would rather
contribute on a per capita basis.
Councilmember Collins, who is a board member of the Washington County Historical
Society, explained that funds are being requested from all municipalities. More was asked
of Stillwater because the Heritage Center is going to be in Stillwater. Washington County
was asked for $500,000. Other requests range from $25,000‐75,000 over 5 years.
Councilmember Junker stated he would like the City to contribute an amount to the capital
campaign with a provision that if the center is not built, the funds would revert back.
Mayor Kozlowski commented that he would support the capital request, as it will be a good
amenity for Stillwater, but he still has questions about how the fundraising process will
work, where the dollars will go while it is being built, and what if it does not happen.
Councilmember Polehna stated he likes the per capita funding idea.
Council consensus was to put $10,000 a year in an escrow fund for the capital campaign and
still provide the annual operating funds contribution.
RECESS
Mayor Kozlowski recessed the meeting at 5:37 p.m.
RECESSED MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:04 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna
Absent: None
Staff present: City Administrator McCarty
City Council Meeting September 3, 2019
Page 4 of 11
City Attorney Land
Community Development Director Turnblad
Finance Director Provos
Police Chief Gannaway
Deputy Fire Chief Ballis
City Engineer Sanders
City Clerk Wolf
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Proclamation: Oak‐Land Middle School Educator and Stillwater Area High School Girls & Boys
Swim and Dive Coach Brian Luke
Councilmember Polehna read a proclamation honoring Oak‐Land Middle School Educator
and Stillwater Area High School Girls & Boys Swim and Dive Team Coach Brian Luke and
designating September 4, 2019 as “Brian Luke Day.”
Mr. Luke thanked the City.
OPEN FORUM
Obed Floan, Operatunity Theater, thanked the Council for its support of the first Opera on
the River. They hope to make this an annual event and will get a proposal in shortly.
Ann Martin updated the Council on the continuing work of the GreenStep Cities Committee.
STAFF REPORTS
Community Development Director Turnblad stated that Joan Ziertman and Dan Lentz will
fill the two vacancies in the building inspection department.
Public Works Director Sanders explained that the property owner of 314 Crestwood
Terrace has proposed to donate a portion of his property to the City if the City removes two
trees. The property borders Meadowlark Park. The Parks Board and City staff support the
request.
Motion by Councilmember Polehna, seconded by Councilmember Junker, to accept the
contribution of property in exchange for the removal of two trees at 314 Crestwood Terrace.
All in favor.
Mr. Sanders updated the Council on replacement of the ice rink at Northland Park assisted
by the Minnesota Tree Trust.
City Administrator McCarty updated the Council on the dome project which will be finished
in the next two to four weeks.
Mayor Kozlowski asked staff to check into a request from someone who runs a daycare at
111 Orleans Street East for parking restrictions to prevent cars entering the yard where kids
play.
City Council Meeting September 3, 2019
Page 5 of 11
CONSENT AGENDA
August 20, 2019 Special, Regular and Closed Session meeting minutes
Payment of Bills
Ordinance No. 1131, 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
Resolution 2019‐090, a Resolution Denying a Concept PUD Amendment, Special Use
Permit, a Preliminary Plat, and a Partial Easement Vacation proposed for Outlot
D in Liberty Village, CPC Case No. 2019‐36
Resolution 2019‐091, a resolution denying a Lot Size Variance and Lot Subdivision
for property located at 1422 North Martha Street, CPC Case No. 2019‐37
Resolution 2019‐092, resolution approving contract with Hoisington Koegler Group,
Inc. for professional services to conduct a Downtown Parking Study
Microsoft Licensing Renewal
Mayor Kozlowski pulled Microsoft Licensing Renewal from the Consent Agenda.
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the
Consent Agenda as amended. All in favor.
PUBLIC HEARINGS
CPC Case No. 2019‐43: A request to amend City Code Section 41‐7, Seasonal Outdoor Sales ‐
Ordinance 1st Reading.
Community Development Director Turnblad stated that the Council directed staff to draft
an ordinance amendment that would change the review process for seasonal food vending
permits. Instead of requiring the Planning Commission to review and approve these
permits, they could be done administratively. Staff recommends approval of the ordinance.
Mayor Kozlowski opened the public hearing. There were no public comments. Mayor
Kozlowski closed the public hearing.
Motion by Councilmember Weidner, seconded by Councilmember Collins, to adopt first reading
of an Ordinance amending the Stillwater City Code Chapter 41, e ntitled Seasonal Outdoor Sales,
by amending the review process for seasonal food vending. All in favor.
HPC Case No. 2019‐03: A request by Reid and Julie Miller, property owners, for the
consideration of the residence at 615 Broadway Street South as a locally‐designated heritage
preservation site.
Community Development Director Turnblad handed out a letter from Matt Thueson, the
Washington County Historical Society representative on the Heritage Preservation
Commission (HPC). Mr. Turnblad stated that on March 2, 2019 the HPC denied a request
from Reid and Julie Miller for the demolition of their residential structure located at 615
Broadway Street South on the basis there was a feasible alternative to demolition of this
historic resource. On April 16, 2019 the Council upheld the HPC’s decision and ordered the
preparation of a Designation Study which was prepared by the 106 Group. The Study noted
that the property is not eligible to be listed under any of the City’s applicable historic criteria
and does not recommend it for individual designation as a heritage preservation site.
City Council Meeting September 3, 2019
Page 6 of 11
Neither the Council nor the HPC accepted the findings. On August 21, 2019, the HPC held a
public hearing regarding the designation and voted 6‐0 to recommend the City Council not
designate the structure as a heritage preservation site. On July 24, 2019 the Planning
Commission recommended denial of the designation. A dated July 23, 2019 letter from the
State Historic Preservation Office, Michael Koop, supports the 106 Group’s findings. Since
the HPC’s public hearing, it has been verified the home was once the residence of Bing
Crosby’s mother. However this factor would not meet one of the criteria for local
designation. Therefore, staff recommends denial of the designation for the house located at
615 Broadway Street South, allowing for its demolition.
Mayor Kozlowski opened the public hearing.
Donald Empson, 1206 North Second Street, local historian and consultant, stated he learned
from the home’s previous owner, Terry Zoller, that Bing Crosby’s mother’s family’s name is
on the abstract. Mr. Empson asked Matt Thueson to research the deeds at the County
Courthouse. This is explained in the letter from Mr. Thueson. Mr. Empson stated the
consultant is dead wrong and everything that the report is based on is incorrect. The house
was not built in 1880 as stated in the Study, it was built about 1875 and owned by Dennis
and Katherine Harrigan who are parents of Bing Crosby’s mother. Mr. Empson read from a
book discussing the Harrigans. He feels this is a significant house in Stillwater based on the
criteria, “identification with a person or persons who significantly contributed to the City’s
culture and development.”
Peter Frank, attorney for Reid and Julie Miller, applicants, stated the Study analyzed all
seven possible criteria and found none of those criteria were met. The expert applied the
standards from the Stillwater City Code. When the Council voted to reject the Study’s
findings, it set in motion a new process in which the City got input from the State Historical
Society and the Planning Commission. The State Historic Preservation Office recommended
to not designate. The Planning Commission had a hearing and voted 4‐0 vote to not
designate. The HPC voted 6‐0 to not designate. The Council does not have the power at this
point to overrule the HPC. Regarding the new information about Katherine Harrigan, Bing
Crosby’s mother, there is no evidence this house was constructed prior to 1880. If Ms.
Harrigan lived on this parcel, she may have lived in a different house on this parcel that may
have been below the bluffs. Also there is no evidence that she herself contributed to
Stillwater history and culture.
Reid Miller, applicant, 620 Newman Trail, 615 Broadway Street South, stated he started
searching out more details and found two newspaper articles that reference the Harrigans
living in Stillwater for short time on Main Street in Slab Alley, which would be the same plat,
below the bluff vs. above the bluff. The deed shows that Nels Hansen bought the lot at the
end of 1879 just before the house was built. He asked the Council to look at facts and agree
not to designate the house as historic.
Julie Miller, applicant, told the Council that on the trolley tour it is noted that Bing Crosby’s
mother’s house was the mustard colored house on the wooded lot near St. Michael’s Church.
Joel and Jodeen Monson, 470 Liberty Parkway, voiced support of the Millers’ request for
demolition.
City Council Meeting September 3, 2019
Page 7 of 11
Jim and Janet Link, downtown business owners and former neighbors of Millers, assured
the Council that Mr. Miller is meticulous and full of integrity. They urged the Council to
approve the request.
Mayor Kozlowski closed the public hearing.
Councilmember Weidner noted even if Bing Crosby’s mother lived there for five years, that
has no significance to the history of the community. He feels the issue has gone too far.
Councilmember Junker remarked he has gone full circle on this. He voted twice to deny the
demolition permit. It became clear at the HPC meeting that the City had no justification for
denying the demolition permit. He is disappointed that there was not more research done
on Nels Hansen and the Harrigan family.
Councilmember Collins stated he too has come full circle. He hates to see an old property
torn down but he does not feel that Bing Crosby’s mother living there for a short period of
time is significant enough to warrant designation as a heritage preservation site.
Mayor Kozlowski commented this case demonstrates the need to revise the City’s
demolition ordinance. He would favor simply preserving all old homes in Stillwater whether
historically significant or not, but that is not how the ordinance stands today. The Council
needs to adhere to the process currently in place.
Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution
2019‐093, a resolution denying the Local Heritage Preservation Site Designation for the
Historic Resource at 615 Broadway Street South, HPC Case No. 2019‐19.
Ayes: Councilmembers Collins, Junker, Weidner and Polehna
Nays: Mayor Kozlowski
UNFINISHED BUSINESS
Oak Park Heights Annexation Detachment Memorandum of Understanding
Community Development Director Turnblad explained that Canvas Health approached the
City of Stillwater about a future plan to redevelop their prope rty on the south side of Orleans
Street between Panama Avenue and Ozark Avenue. The property lies partly within
Stillwater and partly within Oak Park Heights. Its development would require detachment
from Oak Park Heights and annexation to Stillwater. Oak Park Heights supports the
detachment request if the City of Stillwater will concurrently detach the right‐of‐way
property that Lookout Drive traverses. This is important to Oak Park Heights primarily
because it provides direct access to Highway 95 from one of its neighborhoods. In addition,
the final parcel of the campus for the Washington County Government Center has been
purchased. As with the rest of the campus, Oak Park Heights agr eed that it would be annexed
to the City of Stillwater. That will be done at this time as well. City staff recommends
approval of the concurrent detachment‐annexation actions.
Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution
2019‐094, resolution approving Memorandum of Understanding related to the Concurrent
Detachment/Annexation of certain parcels in the Cities of Stillwater and Oak Park Heights. All
in favor.
City Council Meeting September 3, 2019
Page 8 of 11
NEW BUSINESS
Structure at 7940 Neal Avenue North
City Attorney Land stated that staff is requesting that the Council initiate an action for
abating a hazardous structure at 7940 Neal Avenue North. She outlined the steps required
to categorize the building as hazardous. The property owners applied to Stillwater
Township in 2015 for a building permit to construct a detached garage. Later that year, the
property was annexed into the City of Stillwater. The garage was started but never finished
and has now been unprotected against the elements for several years. After an inspection,
the Building Official determined that the structure is unsafe due to abandonment,
dilapidation, and inadequate maintenance. The City has received numerous complaints
about the property. Staff recommends that the Council utilize Minn. Stat. Ch. 463 to issue an
Order requiring the owners to remove the structure by November 1, 2019.
Stephen Ogborn, property owner, explained that the project got away from him due to
several health issues. He now has a local builder willing to complete the project but he
cannot start work on it until the end of October and would not get it done by November 1.
He would like to move the deadline to November 15.
The Council agreed to move the deadline to November 15.
Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution
2019‐095, Resolution and Order to Repair or Remove Structure at 7940 Neal Avenue North in
Stillwater. All in favor.
Harvest Festival Event Contract and Temporary Liquor License
City Clerk Wolf informed the Council that Summer Tuesdays Inc. has applied for a Special
Event Permit to host the Stillwater Harvest Fest on October 12‐13, 2019 in North Lowell
Park. Parking Lots 5, 9 and 10 plus Mulberry Circle will be reserved all day Friday through
Sunday. It is proposed Harvest Fest will have a beer tent with no fencing, rather the ability
to consume alcohol venue wide. Police officers will be on duty during the time of alcohol
sales and consumption, as well as for traffic control on Saturday and Sunday and the kiddie
parade on Sunday. The Downtown Parking Commission reviewed the event and use of
parking spaces. A high water plan is in place moving activities to Lot 11 and using the Water
Street Inn private lot in addition to Lots 5, 9 and 10. The Organizer has requested a waiver
of the base fee for both days and the load‐in fee. Staff recommends Council only waive the
base fee for one day to be consistent with previous requests from other Organizers. Fees for
City services, materials and parking will be charged according to the 2019 Fee Schedule.
Cory Buettner, president of Summer Tuesdays, Inc., stated that with the new event policy,
which allows people to walk around with beer, the invoice from City has been rising
significantly due to increased costs for security. He suggested that the City act as a sponsor
for Harvest Fest and the Rivertown Art Festival, waiving the $1,500 cost of the park fees as
an in‐kind sponsorship. He addressed the value of these events to the City of Stillwater and
the economic impact to the businesses.
Councilmember Weidner asked how much is charged for extra security and police officers;
and Mr. Buettner answered that last year the invoice for police was $3,800 as opposed to
$2,200 in 2017 before the new event policy was put in place.
City Council Meeting September 3, 2019
Page 9 of 11
Motion by Councilmember Collins, seconded by Councilmember Junker, to approve the 2019
Stillwater Harvest Fest Agreement and waive $1,750 of the City fees. All in favor.
Designation Study on Accessory Structure at 116 Harriet Street South
Community Development Director Turnblad reported that on May 15, 2019 the HPC
considered a request from Jim Barton of Barton Construction Services, representing Dan
and Allison Boblit, property owners, for the demolition of the garage on the property at 116
Harriet Street North. The HPC denied the demolition permit on the basis there was a feasible
alternative to demolition of this historic resource. On June 4, 2019 the City Council upheld
the HPC’s decision and ordered the preparation of a Demolition Designation Study. The
Demolition Designation Study found that the garage does not meet any of the local Heritage
Preservation Site criteria as an individual property. While the garage is not eligible to be
locally listed as a heritage preservation site, the residence is and, if the residence were listed,
the garage should be listed as contributing to the site. However the Designation Study
correlated to the demolition request involving the garage only. As the demolition is
proposed for the garage and not the residence, following the process outlined within the
City Code, the structure should be permitted to be demolished. Therefore, staff would
recommend acceptance of the Designation Study and approval of the demolition of the
structure.
Motion by Councilmember Junker, seconded by Councilmember Collins, to accept the findings
of the Designation Study and approve of the demolition of the garage at 116 Harriet Street
South. All in favor.
Declaring costs to be assessed and ordering preparation of assessment roll and calling for
hearing on the 2019 Street Improvement Project
Public Works Director Sanders informed the Council that the 2019 Street Improvement
Project is scheduled to be completed by the end of October. Staff has projected the total cost
of the project to be $2,439,991.81. $1.4 million would be assessed. Staff recommends that
the Council declare costs, authorize the preparation of the assessment roll and set a hearing
on the project.
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt
Resolution 2019‐096, Resolution Declaring Cost to be Assessed and Ordering Preparation of
Proposed Assessments for 2019 Street Improvement Project (Project 2019‐02); and
Resolution 2019‐097, Resolution Calling for Hearing on Proposed Assessment for 2019 Street
Improvement Project (Project 2019‐02). All in favor.
Declaring costs to be assessed and ordering preparation of assessment roll and calling for
hearing on the 2019 Sidewalk Improvement Project
Public Works Director Sanders explained that the total project costs for the 2019 Sidewalk
Rehabilitation Project are estimated to be $67,814.20. The amount to be assessed to affected
property owners is $33,907.10. The remaining amount would be paid by the City. It is
proposed that properties would be assessed at a rate of $7.47 per square foot of sidewalk
replaced.
City Council Meeting September 3, 2019
Page 10 of 11
Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution
2019‐098, Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed
Assessment for 2019 Sidewalk Rehabilitation Project (Project No. 2019‐06); and Resolution
2019‐099, Resolution Calling for Hearing on Proposed Assessment for 2019 Sidewalk
Rehabilitation Project (Project No. 2019‐06). All in favor.
Adopting the proposed tax levy for the payable year 2020
Mr. McCarty stated the levy will be brought back for final adoption in December.
Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution
2019‐100, Adopting the Proposed Tax Levy for the Payable Year 2020. All in favor.
Adopting the proposed budget for the year 2020
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt
Resolution 2019‐101, Adopting the Proposed Budget Appropriations for the Year 2020. All in
favor.
Setting the Truth in Taxation meeting date
Mr. McCarty stated the Truth‐in‐Taxation public meeting is scheduled for December 3, 2019.
Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution
2019‐102, Setting Payable 2020 Truth‐in‐Taxation Public Meeting. All in favor.
COUNCIL REQUEST ITEMS
Mayor Kozlowski stated he received a letter from a girl named Maggie who would like a
Turtle Crossing sign on Moore Street.
Mr. Sanders stated Public Works will follow up.
ADJOURNMENT
Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor.
The meeting was adjourned at 8:55 p.m.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Resolution 2019‐090, a Resolution Denying a Concept PUD Amendment, Special Use
Permit, a Preliminary Plat, and a Partial Easement Vacation proposed for Outlot
D in Liberty Village, CPC Case No. 2019‐36
Resolution 2019‐091, a resolution denying a Lot Size Variance and Lot Subdivision
for property located at 1422 North Martha Street, CPC Case No. 2019‐37
City Council Meeting September 3, 2019
Page 11 of 11
Resolution 2019‐092, resolution approving contract with Hoisington Koegler Group,
Inc. for professional services to conduct a Downtown Parking Study
Resolution 2019‐093, a resolution denying the Local Heritage Preservation Site
Designation for the Historic Resource at 615 Broadway Street South, HPC Case
No. 2019‐19
Resolution 2019‐094, resolution approving Memorandum of Understanding related to
the Concurrent Detachment/Annexation of certain parcels in the Cities of
Stillwater and Oak Park Heights
Resolution 2019‐095, Resolution and Order to Repair or Remove the Structure at 7940
Neal Avenue North in Stillwater
Resolution 2019‐096, Resolution Declaring Cost to be Assessed and Ordering
Preparation of Proposed Assessments for 2019 Street Improvement Project
(Project 2019‐02)
Resolution 2019‐097, Resolution Calling for Hearing on Proposed Assessment for 2019
Street Improvement Project (Project 2019‐02)
Resolution 2019‐098, Resolution Declaring Cost to be Assessed, and Ordering
Preparation of Proposed Assessment for 2019 Sidewalk Rehabilitation Project
(Project No. 2019‐06)
Resolution 2019‐099, Resolution Calling for Hearing on Proposed Assessment for 2019
Sidewalk Rehabilitation Project (Project No. 2019‐06)
Resolution 2019‐100, Adopting the Proposed Tax Levy for the Payable Year 2020
Resolution 2019‐101, Adopting the Proposed Budget Appropriations for the Year 2020
Resolution 2019‐102, Setting Payable 2020 Truth‐in‐Taxation Public Meeting
Ordinance No. 1131, 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
Page 1
LIST OF BILLS
Accela Inc Monthly UB web payments 487.85
Ace Hardware Supplies 159.78
Action Rental Inc.Compactor 60.00
AdvantageHealth Corp Wellness Presentation 610.00
AMI Consulting Engineers PA Riverbank stabilization 45,245.20
Armor Security Inc.Quarterly Monitoring Service 84.00
Aspen Mills Uniforms 2,191.25
AWI Diversified LLC St Croix River bench 1,100.00
Bell Jon Reimburse for work boots 149.99
Board of Water Commissioners Payable 2019 WB Assessments 10,208.35
Bryan Rock Products Inc.Field supplies 734.08
Buberl Black Dirt Inc.21 yards dirt 315.00
CalAtlantic Homes Grading Escrow Refund 4,500.00
Cambronne Eric Reimburse for Work Boots 160.00
Campion Barrow & Associates Testing 525.00
CDW Government Inc.APC back ups 81.49
Century Power Equipment Equipment repair supplies 31.95
Cintas Corporation Mat cleaning service 189.26
City of Maplewood East Metro Training Facility 400.00
Comcast Cable TV 49.35
Dalco Janitorial supplies 571.48
ECM Publishers Meeting time change 19.00
Emergency Medical Products Blood pressure cuff 53.45
Emergency Response Solutions SCBA Flow Test 1,964.00
Enterprise FM Trust Lease vehicles 23,201.71
Fastenal Company Equipment repair supplies 1,161.36
Frontier Precision Inc.Equipment repair parts 345.72
Goodyear Commercial Tire Tires 471.68
Gopher State One Call Inc.Locates 445.50
Grainger Building repair supplies 28.76
Granicus Inc Qtrly web streaming service 1,733.25
Henricksen PSG Office furniture 7,646.71
Holiday Companies Vehicle washes 235.00
Kelly & Lemmons PA Prosecution 8,333.00
League of MN Cities Ins Tr Claim LMC GL 88050 26.68
Lenzen Design Build LLC Bruce Grading Escrow Refund 1,500.00
LeVander Gillen Miller PA Professional services 22,643.76
Lincoln National Life Insurance Co COBRA Life Insurance 14.40
Loffler Companies IT Professional services 216.25
Mansfield Oil Company Fuel 3,600.45
Menards Supplies 2,224.49
Metropolitan Council Wastewater Charge 153,390.29
Miller Excavating Street Projects 197,599.91
MN Dept of Labor and Industry License renewal 30.00
MN State Fire Chiefs Assn Conference 650.00
Page 2
Modern Heating & Air Building repair charges 427.50
MP Nexlevel LLC Locating 2,200.00
Nobles John Reimburse for garage rental for squad 390.00
Office Depot Office supplies 475.17
OnSite Sanitation Portable Restroom 1,004.00
Peltier Robert Reimburse for work boots 149.99
Performance Plus LLC Drug screen 135.00
Powell Robert Reimburse for work boots 160.00
Quill Corporation Office supplies 199.95
Reubendale Myron & Phyllis Refund of Receipt # 190695 50.00
Safe Fast Inc Safety equipment 51.00
Sherwin Williams Paint 88.98
Simplifile LC Filing fees 50.00
SiteOne Landscape Supply Park supplies 24.03
SRF Consulting Group Professional services 5,800.14
St. Croix Boat and Packet Co.Dock Space Lease 2,666.67
St. Croix Recreation Fun Playgrounds Dog park fountain 3,210.00
Stillwater Motor Company Vehicle service 194.62
Stillwater Towing Towing services 250.00
SW/WC Service Cooperatives Retiree Health Insurance 78,738.01
T.A. Schifsky and Sons Asphalt 2,221.05
Thomson Reuters Information Charges 146.20
Toll Gas and Welding Supply Cylinders 45.38
Truck Utilities Inc.Equipment repair supplies 122.58
Uline Inc Building repair supplies 538.92
US Bank Paying agent fees 2,000.00
Verizon Wireless MN State contract mobile broad 800.66
Voyant Communications Phone 552.00
Waste Management Garbage Certification 29,312.19
Water Works Irrigation LLC Irrigation system at Northland Park 2,200.00
Wittman Abbi Jo Reimburse for SHPO conference hotel 658.74
Wold Architects and Engineers City Hall Project 198.00
WSB & Associates Inc.MS4 Services 247.50
Wulfing David Reimburse for uniform supplies 278.22
WWGoetsch Associates Inc Nelson St lift station repair 4,700.50
Xcel Energy Energy 16,075.35
Page 3
REC CENTER
Ace Hardware Equipment repair supplies 135.07
Active Network LLC Maintenance agreement 5,130.00
Becker Arena Products Supplies 62.72
Braun Intertec Corporation Dome Project 2,481.00
Cintas Corporation Mat cleaning service 51.50
Comcast Internet 109.85
Ice Skating Institute Membership 170.00
Riedell Shoes Inc.Skates 234.20
St. Croix Boat and Packet Co.Arena Billing July & August 91,398.11
CREDIT CARDS
Amazon.com Supplies 1,102.68
AnyPromo.com Nite to unite give- away 726.81
Backgroundchecks.com Back ground checks 66.90
Batteries Plus Bulbs Parking ramp fire panel batteries 138.00
Cub Foods Public safety briefing supplies 208.69
Festival Foods Public safety briefing supplies 64.45
Greater Stillwater Chamber of Commerce Leadership in the Valley 995.00
Hollotec Training - Hansen 495.00
Kwik Trip Beverages 23.01
Lowes Home Centers Inc.Equipment 462.16
Multi-Regional Training Center Membership 100.00
National Alliance of Preservation CommissionsMembership 100.00
Uline Inc PD armory supplies 246.97
Wolf Marine Fire boat fuel 110.01
USA Clean Vacuum cleaner handle 22.18
LIBRARY
Brodart Co Materials 4,416.58
Brookside Plumbing Inc Plumbing Repairs 425.00
Cintas Corporation Towels & Rugs 72.24
Comcast Internet/WiFi 188.06
Culligan of Stillwater Water 27.25
Faurot Kimberly Programs - JUV (SPLF)202.10
Friends of the Stillwater Public Library Friends reimbursement 453.50
Menards Janitorial Supplies`184.92
One23 Events LLC August 2019 Monthly Fee 2,000.00
Recorded Books Inc Materials 59.24
Star Tribune Materials 504.92
Stillwater Printing Co.Fall Program Guide 405.00
Value Line Publishing Inc.Materials 470.00
Page 4
LIBRARY CREDIT CARD
Amazon.com Materials & supplies 394.66
Dream Host Web Hosting 15.00
Lakeshore Learning Materials Equipment 233.34
Mikes Electric Bikes Programs 48.21
Target Programs 7.78
Walgreens Supplies 41.76
AUGUST MANUALS
BlueCross BlueShield of MN Inc.Retiree Health Ins 3,164.00
Century Link Telephone 368.91
Comcast Internet & Voice 279.60
Culligan of Stillwater Water 48.45
Enterprise FM Trust Lease vehicles 7,355.14
Floyd Total Security Security Monitoring (Aug-Nov)178.20
Holiday Credit Office Fuel 57.35
MN Library Assoc.MLA Membership (Petrie)170.00
Verizon Wireless MN State contract mobile broad 630.24
ORDINANCE 1132
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 19th day of September, 2019.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Publish: Stillwater Gazette – September 20, 2019
STAFF REQUEST ITEM
J Department: MIS J Date: 8/30/2019
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Approval of Microsoft Licensing renewal. This is a renewal year for our licenses
with Microsoft . The number budgeted for this year was based on our previous
agreement with Microsoft. Microsoft made some significant changes in their
licensing structure and we had increases in the amount of licenses needed .
FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with
this request and the proposed source of the funds needed to fund the request)
Total amount of the renewal is $40,378.00. This is an increased amount than
what was budgeted for this renewal. We will need an additional $8,378.00. By
reprioritizing Capital Outlay dollars, we should be able to accommodate this
increase in price .
ADDITIONAL INFORMATION ATTACHED Yes X No -----
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE
COUNCIL MATERIAL PACKET.
Submitted by: Rose Holman Date: 8/30/2019
REe.t} /v( ~£5.t' I) -~;>fl ~V;\ L ~
~ '1-1~ I G1t ~M/NIS~ilK..
1M/ 61.lll'l
----
MN CITY OF STILLWATER
Rose Holman
216 N . FOURTH STREET
ATTN : ACCOUNTS PAYABLE
STILLWATER, MN 55082
United States
Phone : (651) 430-8804
Fax:
Email : rholman@ci.stillwater .mn .us
All Prices are in US Dollar (USO)
Product
----
CoreCAL ALNG SA MVL Pltfrm UsrCAL
Microsoft -Part#: W06-01072
2 OfficeProPlus ALNG SA MVL Pltfrm
Microsoft -Part#: 269-12442
3 OfficeProPlus ALNG LicSAPk MVL Pltfrm (NEW)
Microsoft -Part#: 269-12445
4 WlNENTperDVC ALNG SA MVL Pltfrm
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Microsoft -Part#: KV3-00356
6 ExchgSvrStd ALNG SA MVL
Microsoft-Part#: 312-02257
7 SharePointSvr ALNG SA MVL
Microsoft -Part#: H04-00268
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8 SQLSvrStdCore ALNG SA MVL 2Lic Corelic
Microsoft -Part#: 7NQ-00292
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Pricing Proposal
Quotation #: 17596253
Created On : 8/16/2019
Valid Until : 9/15/2019
Inside Account
Executive
Michael Williamson
290 Davidson Ave.
Somerset NJ 08873
Phone : 800-4 77-64 79
Fax : 800-4 77 -64 79
Email : Michael_Williamson@shi.com
Qty Your Price Total
170 $45.00 $7,650 .00
80 $95.00 $7,600 .00
65 $164 .00 $10 ,660 .00
80 $43.00 $3 ,440 .00
65 $56.00 $3,640 .00
1 $127 .00 $127.00
$1,213 .00 $1,213.00
4 $585 .00 $2,340 .00
26 $126 .00 $3 ,276 .00
24 $18.00 $432 .00
Subtotal $40,378 .00
Total $40 .378 .00
MEMO
DATE: September 12, 2019
TO: Stillwater City Council
Tom McCarty, City Administrator
FROM: Mark Troendle, Director, Stillwater Public Library
SUBJECT: Request to Reallocate 2019 Capital Funds
At its meeting on September 10, 2019, the Library's Board of Trustees voted to
request the reallocation of $12,674.94 in 2019 capital funds that will not be used
for the purposes stated in the 2019 capital budget approved by the City Council in
2018. These funds were part of a larger sum designated for the purpose of
repairing the pergola; however, the pergola repair has been completed under
budget and the library requests a reallocation to enable the completion of
additional building infrastructure projects. Specifically, these reallocated funds
would be used for a roof framing stabilization project and exterior masonry tuck-
pointing, both of which have been reviewed and approved by the library's
Facilities Committee and the Board of Trustees.
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PLANNING REPORT
TO: Mayor & Council Members
REPORT DATE: September 11, 2019
MEETING DATE: September 17, 2019
REQUEST: Consider pre-annexation agreement for Central Commons property
REPORT BY: Bill Turnblad, Community Development Director
INTRODUCTION
Central Commons, LLC has purchased approximately 35 acres in Stillwater Township south of
State Highway 36 and east of Manning Avenue. The owner plans to petition to annex the
property into the City of Stillwater and then develop the site as a mixed use Planned Unit
Development (PUD).
The 2040 Comprehensive Plans for both Stillwater Township and the City of Stillwater 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 that establishes some common expectations.
SPECIFIC REQUEST
The property owner requests the City Council to consider and approve the pre-annexation
agreement.
COMMENTS
1. 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.
2. The 2040 Comprehensive Plan envisions development of this property as a highway
mixed use project. A zoning district has to be created yet that will be consistent with the
Page 2
highway mixed use guiding of the Comprehensive Plan. A first draft of the possible
Highway Mixed Use (HMU) 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.
3. Because there will be costs associated with the extension of trunk water and sewer
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 and possibly also a
reduction of development fees to cover those extraordinary costs. In the map below, the
route of the utility construction is shown in green. It can be seen from the map that both
the Lakeview and Premier Bank properties will benefit from this extension.
Utilities Extension
4. The City of Stillwater does not have a tax abatement policy. But, if we were to follow
that of Washington County’s and Minnesota Statue 469.1813 Subd. 1 (2), this project
would qualify for abatement. Both say that the abatement action has to be found to be in
the public interest by meeting at least one of the following criteria:
a. Increase or preserve tax base;
b. Provide employment opportunities;
c. Provide or help acquire or construct public facilities;
d. Help redevelop or renew blighted areas;
e. Help provide access to services for residents;
f. Finance or provide public infrastructure; or
Page 3
g. Phase in a property tax increase of more than 50% not attributable to
improvement of parcel.
The envisioned mixed use PUD would meet more than the one required criterion. It
would meet criteria a, b, e and f.
RECOMMENDATION
Staff recommends approving the attached pre-annexation agreement by adopting the attached
resolution.
attachment: Resolution of Approval
Pre-annexation agreement
btq
RESOLUTION 2019-
RESOLUTION APPROVING
PRE-ANNEXATION AGREEMENT
FOR CENTRAL COMMONS, LLC
WHEREAS, on August 20, 2019 the City Council of the City of Stillwater discussed
a pre-annexation agreement for approximately 35 acres in Stillwater Township owned by
Central Commons, LLC; and
WHEREAS, the Board Members for Stillwater Township support the detachment of
the 35 acres and annexation into the City of Stillwater; and
WHEREAS, prior to submitting the annexation petition to the State of Minnesota,
Central Commons, LLC desires to enter into a pre-annexation agreement with the City of
Stillwater.
NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby
authorizes the Mayor and City Clerk to execute the pre-annexation agreement dated August
27, 2019.
Adopted by the Stillwater City Council this 19th day of September, 2019.
_____________________________
Ted Kozlowski, Mayor
ATTEST:
__________________________
Beth Ward, City Clerk
August 27, 2019
PRE-ANNEXATION AGREEMENT
THIS PRE-ANNEXATION AGREEMENT ("Agreement") is made and entered into this ___ day of _________,
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 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 unit 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 grade separated
interchange 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
August 27, 2019
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 as prepared on 7/25/19 by the Owner’s consultant,
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 such as tax abatement and development fee reductions (e.g. AUAR Fees, Park
Dedication Fees) in order to make extension of public infrastructure 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.
August 27, 2019
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
August 27, 2019
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
August 27, 2019
STATE OF MINNESOTA )
)
COUNTY OF __________________ ) ss.
The forgoing instrument was acknowledged before me this ___ day of __________________,
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 __________________,
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
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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.
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EXHIBIT B
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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
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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
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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
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Laundry; agencies, I ~r l r 1
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offices that are
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such as advertising,
engineering, p SUP
architects and
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Radio or television l l J
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Offices; medical and l p SUP p p p p
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Office display or p
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Automotive sales, l r I service and storage,
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Gasoline filling SUP l station 2 CUP
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SUP I j suP -r I 9 10 CUP
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phonographs,
paging systems,
musical
SUP
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that may disturb the
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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
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f
SUP
SUP
r
SUP
l
I
I
1
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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
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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
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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
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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
MEMORANDUM
To: Mayor and City Council
From: Shawn Sanders, Director of Public Works
~
Date: September 11, 2019
Re: Feasibility Report CSAH Street Improvement-Phase 2 (Project 2019-09)
BACKGROUND
Washington County (County) has had in its road program street and pedestrian safety
improvements for County Road 5 through the City to be undertaken over a period of years. In
2018, phase 1 began with street and pedestrian improvements between Croixwood Boulevard
and Pine Tree Trail. Phase 2 planned for 2020 includes work on between Pine Tree Trail and
Sycamore Street, Phase 3 is a couple years out and includes work from Sycamore Street north to
TH96.
PROPOSED PROJECT
For the Phase 2 project, the County is proposing an improvement that consists of a mill and
overlay between Pine Tree Trail and Sycamore Street, replacing curb and gutter and existing
sidewalks from Olive Street to Sycamore and installing new sidewalk on the west side of Owens
Street from Wilkins to Sycamore. Street widths would be narrowed to from 44' to 42' between
Olive and McKusick Road and 44' to 38 feet from McKusick to Sycamore Street. New sidewalk
widths would range from 5 ft. -7 ft. ADA pedestrian ramps would be installed at all street
intersections. Storm sewer would be moved in areas where the street widths are narrowed and
sanitary sewer castings would be replaced.
PROJECT COSTS
The overall project cost is estimated to be $2,900,000 and primarily funded by the County, such
as mill and overlay, storm sewer and sidewalks but according to their cost participation policy,
some items are the city's responsibility. The City is responsible for 50% of the new sidewalk,
50% of new curb and gutter, 100% of the sanitary manhole replacements and a prorated share on
erosion control, striping and mobilization items . The estimated construction cost to the City is
$322 ,586 .00 . Total cost to the City which includes engineering, inspection and administration is
$446 ,854 .57 .
PROJECT FINANCING
Financing for the project would come from three sources ; assessments, Municipal State Aid
Funds and the Stillwater Water Board. It is proposed that those costs associated with the curb
and sidewalk improvement be assessed to the affected property owners on Owens Street from
Olive to Sycamore Street. This amounts to $206,773.13. It is proposed the 108 residential
property owners along this corridor be assessed 70% of the cost or $141 ,298.51. Residential
properties would be charged a unit rate of $1806.22, comer lots would be charged $903.11.
Commercial properties the apartment buildings and institutional properties, including City land
would be charged a frontage rate of $15.72 per foot. The Water Board would be charged costs
associated to relocate gate valves and hydrants within the project or $50,111.14. All other costs,
including the City's share of the assessments would be $255,444.92 and covered by Municipal
State Aid.
PROPOSE SCHEDULE
Feasibility Study
Public Hearing
Approve Plans
Award Bid
Construction
Assessment Hearing
RECOMMENDATION
September 1 7, 2019
October 15, 2019
November 2019
January 2019
Summer2020
Fall 2020
Since the project is feasible from an engineering standpoint and the project is cost effective, it is
recommended that Council accept the feasibility report study for CSAH 5 Street Improvement-
Phase 2 and order a public hearing to be held on October 15th 2019 at 7:00 p .m.
ACTION REQUIRED
If Council concurs with the recommendation, they should pass a motion adopting Resolution
2019-_, RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
CSAH STREET IMPROVEMENT-PHASE 2 (Project 2019-09)
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
CSAH 5 STREET IMPROVEMENT PHASE 2 (PROJECT 2019-09)
WHEREAS, pursuant to resolution of the Council adopted May 21, 2019, a report has been prepared by the City Engineer with reference to the CSAH 5 Street Improvement Phase 2; and
WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOTA: 1.The Council will consider the improvement of such street improvements inaccordance with the report and the assessment of abutting property for a portion ofthe cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at anestimated total cost of the improvement of $446,854.57.2.A public hearing shall be held on such proposed improvement on the 15th day ofOctober 2019, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon aspossible thereafter, and the clerk shall give mailed and published notice of suchhearing and improvement as required by law.Adopted by the City Council of the City of Stillwater this 17th day of September, 2019.
___________________________________
Ted Kozlowski, Harycki, Mayor
ATTEST: ____________________________
Beth Wolf, City Clerk
Proposed Construction
,
I
0
Mill and Overlay
Mill/Overlay and New Sidewalk _
350
Feet
700 1,400 j CSAH 5 Improvement Phase 2
Project 2019-9 Feasability Study
Project Area
770 ,5
750 f -!:.~
i?
i 755
i1.oo
.,
1410 ~ ~ E 5
Property Type
Residential
Commercial
Institutional
OL IVE CSAH
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Feet
0 290 580 1,160
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Project 2019-9 Feasability Study
Proposed Assessment Area
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PLANNING REPORT
TO: City Council CASE NO.: N/A
REPORT DATE: September 12, 2019
MEETING DATE: September 17, 2019
REQUEST: Approval of revised trash enclosure agreement
REPORT BY: Abbi Jo Wittman, City Planner
INTRODUCTION
John Koch of J Group LLC owns the property at 317 Main Street South. He would like to
construct a cooperative trash enclosure on the Water Street South right-of-way. In September,
2018 the City Council approved Resolution 2018-202, authorizing the approval of the
construction of an enclosure and associated maintenance agreements. The Resolution
acknowledges Mr. Koch’s use along with the properties at 301 and 321 Main Street South.
However, Mr. Koch has not been able to obtain property owner signatures on maintenance
agreements from the adjacent property owners.
SPECIFIC REQUEST
Mr. Koch is requesting the City allow him to construct and maintain a cooperative trash
enclosure on Water Street South without having maintenance agreements in place from the
adjacent property owners.
ANALYSIS
The City has taken proactive steps to reduce waste receptacle clutter on Water Street South by
constructing cooperative trash enclosures. However, the southerly end of the 300 block does not
have this type of facility available to the property owners. Although J Group LLC’s tenants do
not currently have waste receptacles on Water Street South, there is a desire to expand services
to include recycling which would not be able to be located on private property. Mr. Koch is
willing to purchase materials and construct the enclosure on public property, it is in the public
benefit to allow him to do this. Mr. Koch is aware this will bind him to all future maintenance
and understands that, in the event adjacent property owners cannot keep their waste receptacles
on private property, they may also enter into agreement to use and maintain the facility.
RECOMMENDATION
Staff recommends adoption of the attached resolution.
Cooperative Trash Enclosure 3
Page 2
Attachments: Resolution
Agreement
cc: John Koch, J Group LLC
RESOLUTION NO. 2019-
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION RESCINDING RESOLUTION NO. 2018-202 AND APPROVING THE
TRASH ENCLOSURE AND MAINTENANCE AGREEMENTS
FOR TRASH ENCLOSURE LOCATED ADJACENT TO 301 S MAIN STREET
WHEREAS, on June 18, 2018 the City Council of the City of Stillwater approved
Resolution 2018-202, authorizing the property owners at 301 Main Street South, 317 Main Street
South, and 321 Main Street South to construct, use and maintain a cooperative trash enclosure on
the Water Street South right-of-way; and
WHEREAS, John Koch of J Group LLC, owner of 317 S Main St, has requested that the
City of Stillwater allow the construction of a trash enclosure in place of two public parking
spaces in the right-of-way of Water Street adjacent to 301 S Main St; and
WHEREAS, the trash enclosure would be constructed and financed by John Koch; and
WHEREAS, the City would maintain the structure, but John Koch of J Group LLC
would be responsible for trash hauling contracts and cleanliness of the trash enclosure and its
surrounds.
NOW, THEREFORE, BE IT RESOLVED, that:
1. The City Council of the City of Stillwater rescinds Resolution 2018-202; and
2. The City Council of the City of Stillwater hereby approves the “Trash Enclosure
and Maintenance Agreement” for J Group LLC and authorizes the Mayor to sign
those agreements.
Enacted by the City Council of the City of Stillwater, Minnesota this 17h day of September,
2019.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
TRASH ENCLOSURE AND MAINTENANCE AGREEMENT
THIS AGREEMENT ("Agreement") is made this day of 2019 by the
City of Stillwater, a Minnesota municipal corporation ("City") and J Group LLC, a Minnesota
limited liability company ("Owner").
WHEREAS, the City owns certain right of way ·on Water Street South, in the City of
Stillwater, generally located on the northeastern side of and adjacent to 301 South Main which is
used by the City as public parking ("City Property"); and
WHEREAS, Owner owns certain real property adjacent to City Property, legally described
on the attached Exhibit A, incorporated herein, which has a building that is used as a commercial
use ("Owner Property"); and
WHEREAS, Owner needs a trash enclosure on a portion of City Property, which is
approximately depicted on Exhibit B ("Trash Enclosure Location") for trash collection and storage
for the commercial use in the building on Owner's Property; and
WHEREAS, Owner has agreed to purchase the materials for a trash enclosure and donate
the material and labor for the construction of a trash enclosure to the City and has requested that
the trash enclosure be located at the Trash Enclosure Location; and
WHEREAS, the City wants assurance that the Owner will maintain the cleanliness in and
around the trash enclosure; and
WHEREAS, the City finds it in the best interest of the City to allow Owner to utilize City
Property for the trash enclosure for Owner's Property and hereby accepts the donation of the
materials and labor of the trash enclosure as a gift to the City.
NOW THEREFORE, for mutual consideration which is hereby acknowledged, the parties
agree as follows:
1. OWNER RESPONSIBILITIES
A. Owner shall donate the materials and labor for the construction of a trash enclosure,
constructed to City's specifications, including dimensions, height and the type of
materials used, and shall locate it on City Property at the Trash Enclosure Location.
Following the installation, the Owner shall have no further rights or responsibilities for
the trash enclosure.
B. Owner shall be responsible for restoring or repairing any pavement or curbing damaged
by the construction and installation of the trash enclosure at its own expense.
C. Owner shall directly contract with a rubbish hauler for the removal of the trash on a
regular basis so that it does not overflow and shall abide by the terms and conditions
of that contract.
D. Owner and its tenants shall be allowed to use the trash enclosure at the Trash Enclosure
Location.
E. Owner shall be responsible for the cleanliness in and around the trash enclosure on the
Owner's Property and on City Property so as not to create a nuisance to the Owner's
Property, City Property or to members of the public.
F. Owner understands that failure to comply with Section lD shall result in the City
performing any necessary cleaning in and around the trash enclosure and charging the
costs to the Owner.
G. Owner understands that failure to pay such costs related to Section IE shall result in
the costs being certified to the Owner's Property as an assessment to be paid with the
Owner's property taxes.
2. CITY RESPONSIBILITIES
A. The City agrees to provide a right of entry and exclusive use of the Trash Enclosure
Location to the Owner for purposes of constructing, maintaining and using a trash
enclosure at the Trash Enclosure Location.
B. After construction of the trash enclosure, the City agrees to own the trash enclosure,
including being responsible for the maintenance of the trash enclosure so that it is in
maintained in good repair and condition and agrees to repair, replace or remove it as
needed, in the sole discretion of the City.
C. If the Owner fails to comply with Section ID, the City shall immediately perform such
services to clean the area in and around the trash enclosure, whether on Owner's
Property or City Property and shall charge such costs to the Owner. If the Owner fails
to pay the costs when due, the City shall certify and assess such costs to the Owner's
Property to be collected with the Owner's property taxes.
3. GENERAL CONDITIONS
A. This Agreement may be terminated by either party upon 30 days written notice to the
other. Upon termination of this Agreement, the City may remove the trash enclosure.
The Owner shall have no further rights to the trash enclosure at the Trash Enclosure
Location.
B. Each party shall be responsible for maintaining commercial property insurance for its
respective property and workers compensation for its employees.
C.The parties agree to mutually indemnify and hold each other harmless for their
negligent acts or omissions conducted by themselves, their employees, agents, officers
or assigns. Owner agrees and understands that the City is subject to the tort cap liability
limit contained in Minn. Ch. 466.
D.The provisions of this Agreement shall be governed by the laws of the State of
Minnesota and venued in Washington County.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
on the day and year first above written.
CITY OF STILLWATER
Ted Kozlowski, Mayor
Beth Wolf, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of 2019, before me, a Notary Public within and for said
County, appeared Ted Kozlowski and Beth Wolf, to me personally known, who, being by me duly
sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and
that this instrument was signed and sealed in behalf of the City by authority of its City Council,
and they acknowledged the said instrument was the free act and deed of the City.
Notary Public
JGROUPLLC
By: John Koch
Its: Manager
ST A TE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
:_J
On this J;6!.:. day of , 2019 , before me a Notary Public
within and for said County person lly appeared John Koch to me personally known , who being
by me duly sworn, did say that he is the Manager of J Group LLC, a Minnesota limited liability
company, the entity named in the foregoing instrument, and that said instrument was signed on
behalf of said entity by authority of its Board of Governors and said Manager acknowledged said
instrument to be the free act and deed of the entity.
e NANCYMANOS
NOTMVPUILIC ·--SOTA
My COffllllillion &pi1N Jin . 31, 2020
EXIDBITA
Legal description of Owner's Property
That part of Lots 9 and 10, Block 28 of the Original Town (now city) of Stillwater,
described as follows: Beginning at a point on the East line of Main Street, 29.29 feet
southerly from the Northwest comer of said Lot 9 along the East line of Main Street; thence
southerly along the East line of Main Street to a point on said Lot I 0, intersected by the
North line of Nelson Street; thence Easterly along said North line of Nelson Street, a
distance of 120 feet; thence northerly along a line parallel to said East line of Main Street
to a point 31 feet south of the North line of said Lot 9; thence Westerly and parallel to the
North line of said Lot 9, to a point which is 48.9 feet East of the Easterly line of said Main
Street; thence Northerly and parallel to the Easterly line of said Main Street a distance of
1.44 feet; thence Westerly to the point of beginning. Together with the vacated portion of
Water Street that accrues to said Lots 9 and 10 by reason of that certain Resolution dated
October 25, 1932 and recorded October 26, 1932 in Book 122 of Deeds, page 235.
Excepting therefrom the east 30.19 feet of the South 2 feet of theNorth 33 feet of said Lot
9 in Block 28.
EXHIBITB
Depiction of location of trash enclosure
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
September 17, 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
1.8:00-8:55 Board Workshop with Administration - Kevin Corbid, Deputy County Administrator
A.Discuss proposed 2020 Washington County levy and budget.
2. 9:00 Roll Call
Pledge of Allegiance
3. 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.
4. 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 27, 2019, and September 3, 2019, County Board meeting minutes.
B. Approval of Administration Policy #1300 - Washington County Guidelines and Procedures for
Minnesota Government Data Practices Act.
C.Approve county comment letter on the draft City of Grant Comprehensive Plan.
D. Adopt a resolution to approve an extension of the funding period of Minnesota Department of
Transportation (MnDOT) Agreement No. 1029508 from September 30, 2019, to March 31,
2020, the contract that governs the County's 2018 Section 5310 grant award.
E. Approve Grant Agreement No. 12902 with the Minnesota Pollution Control Agency in the
amount of $150,000, for the period of September 6, 2019, through June 30, 2022, and authorize
its execution pursuant to Minn. Stat. 373.02.
F. Approve Metropolitan Council Grant Agreement SG-11400 Contract No. 12899 in the amount
of $932,952.65 for the Cottage Grove Ravine Regional Park Lower Landing Facility.
G. Approve Cooperative Funding Agreement No. 12853 between the City of Woodbury, YMCA,
Independent School District 833, and Washington County, for a Scoping and Needs Study of
the Woodbury Central Park/Stafford Library facility.
H. Adopt a resolution in support of Washington County’s application for the Minnesota Historical
and Cultural Heritage Grant Program through the Minnesota Historical Society in the amount
of $159,000.
I. Adopt a resolution in support of Washington County’s application for a Conservation Partners
Legacy Grant.
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
5. 9:10 Public Health and Environment - Jeff Travis, Sr. Environmental Program Manager
A. Approve Reciprocal Use Agreement No. 12901 between Ramsey County and Washington
County for yard waste and organics collection, and authorize its execution pursuant to Minn.
Stat. 373.02.
6. 9:25 Public Works - Don Theisen, Director (item A)
- Joe Welter, Building Services Project Manager (items B1,B2)
A. Appoint Samuel D. Gibson as Washington County Surveyor to a four-year term, beginning
October 1, 2019.
B. 1. Award the bid to and authorize execution of Contract No. 12904 in the amount of $754,150
with Pember Companies, Inc. for the Environmental Center Site Improvement Project (CIP
#PHE-001).
2. Amend project budget to add County Environmental Charge revenue earned this year.
7. 9:40 General Administration - Kevin Corbid, Deputy County Administrator
A.Approval of Land and Water Legacy Program's Bayport project conservation easement.
8. 9:55 Commissioner Reports - Comments - Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and
information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of
discussion will be scheduled for a future board meeting.
9.Board Correspondence
10. 10:10 Executive (Closed) Session - Public Works
A. Review valuation adjustment to amend the Purchase Agreement for the possible purchase of a
portion of 9449 St. Croix Trail South (approximately 102 acres) in Denmark Township, for
inclusion into the St. Croix Bluffs Regional Park.
11. 10:25 Adjourn
12. 10:30-11:30 2020 Recommended Budget Workshops - Don Theisen, Public Works Director
A.Review the 2020 recommended budget for the Public Works Department.
B.Review the 2020 recommended budget for Washington County Regional Rail Authority :&55$
Washington
% -~County