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HomeMy WebLinkAbout2019-12-03 CC Agenda Packet216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING December 3, 2019 REGULAR MEETING 4:30 P.M. I.CALL TO ORDER II. ROLL CALL III.OTHER BUSINESS 1.Union Alley Garbage Issue – Resolution 2.Rec Center Curling Club 3.Aiple Property Rowing Club 4.Sustainable Purchasing Policy – Resolution IV.STAFF REPORTS 5.Police Chief 6.Fire Chief 7.City Clerk 8.Community Development Dir. 9.Public Works Dir. 10.Finance Director 11.City Attorney 12.City Administrator 13.Library Director 14.Water Board Manager V.RECESS RECESSED MEETING 7:00 P.M. VI.CALL TO ORDER VII.ROLL CALL VIII.PLEDGE OF ALLEGIANCE IX.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS15.Proclamation: Stillwater Area High School Girls Cross Country State Champion Ana Weaver X.OPEN FORUM - the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. the council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to 5 minutes or less. XI.CONSENT AGENDA - all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately.16.November 19, 2019 regular and closed session meeting minutes17.Payment of Bills18.HPC Enabling Ordinance Update Consulting Contract – Resolution19.MSP Outdoor Services Contract – Resolution20.Proposals for Self Contained Breathing Apparatus XII.PUBLIC HEARINGS - out of respect for others in attendance, please limit your comments to 10 minutes or less. 21.Case 2019-58 to consider a request by Wild River Office Park, LLC, property owner and Paul Loomis, applicant, to consider a Conditional Use Permit and Zoning Text Amendment to allow a school within the BP-I district. Property located at 1835 Northwestern Avenue. Notice was published in the Stillwater Gazette on Friday, November 15, 2019 – 1st Reading of Ordinance 22.To vacate and discontinue a portion of a public drainage easement located on a portion of Lot 1, Block 1, Rivard Addition. Property located at 8483 Marylane Avenue North. Notice was published in the Stillwater Gazette on Friday, November 15, 2019 – Resolution XIII.UNFINISHED BUSINESS – None XIV.NEW BUSINESS 23.Encroachments at 401 S. Main Street 24.Relay for Life of Stillwater Event 25.Truth and Taxation Presentation for 2020 Budget & Tax Levy – 2 Resolutions XV.COUNCIL REQUEST ITEMS XVI.POSSIBLE CLOSED SESSION 26.Pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney-client privileged communication regarding 121 Chestnut Street East XVII.ADJOURNMENT 11/26/2019 RE: CPC 2019-58 Chesterton Academy Special Use Permit 1635 Northwestern Avenue South Dear Planning Commission, I am the owner of Wild River Office Park LLC, which owns 1835 Northwestern Avenue South, a 2 acre property with an 8,000 square foot offiee building, and I am writing in support of the Special Use Permit to allow a school on site within the BP-I zoning district. The property at 1835 Northwestern Avenue South has always used as office space since it was built in 1985; it has never been used for any use resembling industrial. All the adjacent properties to the north and south of the building are office space as well, not industrial. The "Industrial Zoning," that this and adjacent properties are subject to, is inconsistent with the history of the area and with the actual and future use of the properties. With Family Means next door and the River Valley Athletic Club across the street, we feel that Chesterton Academy is a great fit for the area, making it a hub for education, health and wellness. They would he a stabilizing tenant for the property and a complimentary, unobtrusive neighbor. I ask for your support:to further the vision of Chesterton Acaeerny making 18:45 Northwestern Avenue South it's home, Sincerely, „.< Roger W. Kuehn Managing Member, Wild River Office Park LLC Attorney at Law 612,7.17.3071 - MoiiIe roger0).stiliwaterottices.com 12,'3/19 RE: Chesterton Academy of the St. Croix Valley Dear Stillwater Mayor & City Council members, Thank you for your service to our community! It is truly appreciated. I'm sorry I can't be at the meeting tonight in person, as I have ;: conflict. However, I want to let the council know that cur Bank supports the requests for the zoning code amendment to allow a school at this location & the conditional use permit. Chesterton Academy of the St. Croix Valley has established a business relationship with our Bank. The management& Board of Directors of the Chesterton Academy of the St. Croix Valley is considered excellent. All performance with the bank has been handled as agreed, and in an exemplary manner. Our Bank is located dose to the proposed location of the new school, which would be at 1835 Northwestern Ave. in Stillwater. From a business perspective, we see how this new school will be beneficial to this part of town, the local economy & the City of Stillwater, in the future. We look forward to working with the school & seeing them succeed in the future. I strongly recommend that you approve the requests for the zoning code amendment to allow a school at this location & the conditional use permit. Please contact me if you have any questions, or need more information. Thanks again, Dave Carlson FIRST RESOURCE BANK Dave Carlson EVE' - Commercial Banking 1946 Washington Ave. South. Stillwater. MN 55082 Direct: 651-430-8613 Cell: 651-323-3395 www.myfrbank.com • . l • . ' I. . ami1iiyi ,, eans RE'TTER IS POSS;Eati December 3, 2019 Mayor Ted Kozlowski Stillwater City Council Members Ryan Collins, David !tinker, Mike Polerma &Tom Weidner 216 Fourth Street North Stillwater, MN 55082 Dear Mayor Kozlowski & Members of the Stillwater City Council, CARELIVINt a.4..,,, We learned from the 11.26.19 Pioneer Press article that Chesterton Academy of the St. Croix Valley (CASCV) is proposing to open at 1835 Northwestern Avenue, pending approval of zoning and land-use permits. This address would make FamilyMeans its direct neighbor to the south. c:,4,,t,:teZo:::c4TAPCt Stillwater is fortunate to have many vital nonprofits, and several of us ...,„.1..:,., are in the vicinity of the proposed school site. Back in 2003, w0Vr0 OfVEL04.1ikkT FamilyMeans moved to our new facility at 1875 Northwestern Avenue. We believe our agency has been a good neighbor and land steward since then.Although unfamiliar with the proposed school and having no $'le formal links to it,we have no reason to think that CASCV would not t,..sti{lAk.Sat.1.1110trili contribute to the neighborhood as well. We hope you might give CASCV's application your fullest consideration. r , Respectfully submitted, ,:"4,)4ViR FOR<114W 6 LORI, Lt..ts. Arba-Della Beck President CC: Paul Loomis, Board Chair,CASCV (paul@loominator.com) - ... , , - x . r I' FS l 'i tom.' �" ' le ;1: ,,- r r's ' ...,4;r4,4, ..:::. :,11,1 ,,, ',:, 7i 4,117:4' ' YU 4',4 yi;‘, I fa 1111 ' t 'l . ' 1 --' ''4 ''' S 1 k ' ,... - '► FAY^ ,,,_,..,1! ~5 yf >: Silent Water Sport -&. Educafion - . _ , , .. . _ ,, ii, Center �,�.,.. ______ _ _ ,,,,, , _ ._„..._, . w-,,- 4 .--..:,..?, - iv ' i .! 15 �►: t:' i �Mt�fla.ter f Scenario 1 s '' ' • New public dock with accesible features ,. -- • Launch your personal kayak, canoe, or paddleboard + Ili • Limited fee-based storage available to eliminate daily transport -- --- _., Y _`= _ : • Water sport & conservation organization offices space available .-2----*, -f: - __ = - • Rowing club with junior program with plans to add others • Learn to row and taste of rowing available to all =, • Seek partnerships for education and recreational activities • •• Director serving as liason responsible for logistics & coordination . - k Scenario 2 : '� : • • All elements of scenario 1 plus • Watersport equipment rental - staff managed • Portapotties for public use • Garage buildout for increased fee-based storage for public use Ac.."-,-.4, Scenario 3 • All elements of scenario 1 & 2 plus • Capital improvements to create boat bays - ^ • iPaddle stations Optional Features ,# Picnic tables and benches for public use ,,, „�, ; '- Handicap accessible portapotty .',s, - `W, Possible community space and event rental on main level -„ ` %, - 1 (�t.7w w , Gt.a a esssI 6 ro/x , i)ry _ = Trail provides easy access from available parking downtowr IDece im be ir 311 , 11011g1 . •fv.TRIf1ITY II irlitv Lutheran Church ‘tO/ f itillwater, kiN .; _ � ,.�—•.._• , iv, SIRLII ,_114*. %Per ,...amr: WO 4 liak g Alf 1 it Ipir • Jl,:cc IIDM I- 1I : CC At Featuring l he water Street uinn Food, Cancine, & A Champaene Tcast at Midnieht! Clark Weyrauch. Friends! Tickets: OperatunityTheatre.org/SITHY2019 or Scan QR (ode to the Left! or (612) 404-9Z65 To support: 114-RA NW��.�� Veteran/Student/Teacher Discounts Available Ticket proceeds will benefit "Opera on the River" 2020 GiveMN.org/story/0GTR2020 Page 1 LIST OF BILLS Accela Inc Monthly UB web payments 307.00 Advance Auto Parts Auto Maint Supplies 566.24 AdvantageHealth Corp Health Risk Assessment Online 75.00 Amano McGann Inc Tickets and Gate Arm 874.00 Aramark Uniforms - LENTZ 38.91 Aspen Mills Uniforms - FRANK 355.85 Baker Tilly Municipal Advisors Final Curve Crest TIF Sale 3,536.25 Becker Fire Safety Services LLC Extinguisher service 352.70 BHE Community Solar Solar Energy 3,545.25 Board of Water Commissioners WAC Charges 4,864.00 Boyer Trucks Supplies 761.84 Brueghel Judy Reimburse for educational materials 26.00 Carey Daniel Reimburse for Work Boots 144.95 Caribbean Smokehouse Refund license fees due to business closing 3,237.50 CDW Government Inc.Computer equipment 69.22 Century Link Telephones 486.21 Cintas Corporation Uniforms & mat cleaning 209.21 Cole Papers Supplies - Tissues and Towels 164.77 Comcast Internet & Voice 279.60 Cornerstone Land Surveying Land Surveying 900.00 Coverall of the Twin Cities Commercial cleaning services 540.00 Cummins Sales & Service Heater coolant 208.48 ECM Publishers Publications 304.00 Emergency Apparatus Maintenance Vehicle Service 6,485.26 Emergency Medical Products Supplies 146.75 Fleet Pride Supplies 33.19 Fraley Thomas Tools 314.95 Frontier Ag & Turf Filters 125.58 Gertens Wholesale Holiday deco 215.00 Goodyear Commercial Tire Tires 253.56 Graci Leadership Solutions LLC Supervision class 1,250.00 Grainger Supplies for Repairs 1,015.73 Greiner Michael Reimburse for mileage 67.05 Group Medicareblue RX Retiree Prescriptions Ins 2,569.00 Guardian Supply Uniform supplies 547.93 Henning Professional Services Relocation Consultant 703.50 Heritage Printing Inc.Printed forms 144.55 Jefferson Fire and Safety Inc.Equipment 14,337.30 L.T.G.Power Equipment repair supplies 63.85 Leadership Growth Group LLC Leadership materials 138.99 Lemoine Chyrisse Reimburse for banquet supplies 261.85 Lentz Dan Reimburse for expenses 142.17 Loffler Companies IT Professional services 568.75 Madden Galanter Hansen LLP Services Rendered Through 10/31/2019 85.00 MailFinance Inc Postage machine lease 455.01 Page 2 Malwarebytes Endpoint protection 5,260.00 Mansfield Oil Company Fuel 9,804.38 Marshall Electric Company Electrical repairs 1,733.00 Menards Supplies 894.09 Metropolitan Council Monthly SAC 9,865.45 Metropolitan Mechanical Contractors Maintenance 813.00 Miller Excavating 2019 Street Imp Project 317,526.05 Minnesota Paving & Materials Teddy Bear Parking Lot 53,413.75 MN Dept of Labor and Industry License renewal 100.00 MN Dept of Transportation Traffic signal maintenance 175.31 Multi-Regional Training Center Provider cards 528.00 My Alarm Center Alarm Monitoring Services 105.12 NAPA Auto Parts Equipment repair supplies 582.55 O'Connell Troy Refund of property held as evidence 296.47 Office Depot Office supplies 190.86 O'Reilly Auto Parts Tools 7.98 Peterson Austin Reimburse for holster & knife 94.98 Primary Products Co.Nitrile gloves 198.35 Quill Corporation Office Supplies 175.18 RDO EQUIPMENT CO.Equipment repair supplies 157.07 River Valley Printing Inc.Adult case file jackets 1,275.00 Robole Donna Reimburse for expenses 143.58 Safe Fast Inc Waterproof jackets 51.95 Schmid Jenna Reimburse for expenses 87.96 Schwaab Inc.Flash Notary Stamp 56.24 Shilts Cindy Reimburse for mileage 104.40 Siegfried Construction Company George Roof repair 600.00 Simplifile LC Filing fee - Right of Way Easement 50.00 Sirotiak Loren Reimburse for expenses 194.80 SRF Consulting Group Professional Services 2,310.16 Stillwater Motor Company Equipment repair supplies 108.59 Summit Companies Fire Sprinkler Service 549.00 T.A. Schifsky and Sons Asphalt 144.72 Tri-County Law Enforcement Assoc Dues 75.00 Visu-Sewer Inc.TV & clean inspections 8,030.00 Wellner Wade Reimburse for Wastewater Exam Fee 55.00 Winnick Supply Supplies 96.18 Xcel Energy Energy 23,535.43 Zee Medical Service First aid supplies 298.25 REC CENTER 1ST Line/Leewes Ventures LLC Snacks for concessions 1,349.80 Advanced Sportswear Uniforms 1,068.50 AE2S Construction (EIM)Dome Project 14,461.07 AT&T Mobility Cell phone 79.81 Athletica Sport Systems Supplies 152.40 Page 3 Berwald Roofing Company Inc.Dome Project 43,599.30 Canteen Refreshment Services Concession supplies 1,016.43 Capital City Glass Dome Project 14,029.67 Cintas Corporation Mat cleaning service 51.50 Coca-Cola Distribution Supplies 2,291.88 Comcast TV Internet & Voice 411.57 Corval Constructors Equipment repair supplies 1,205.50 Cub Foods Food for concessions 29.74 Ebert Construction Dome Project 210,214.44 Field Turf USA Rec Center Turf 825,475.85 Grainger Equipment repair supplies 451.95 Holiday Credit Office Fuel 49.74 Mavo Systems Inc Clean supply duct for south locker 4,730.00 Menards Supplies 270.58 Metro Sheet Metal Inc Dome Project 18,430.00 Miller Excavating Dome Project 53,904.85 Nardini Fire Equipment Supplies 102.25 Pepsi Beverages Company Beverages for concessions 1,159.30 Pro-Tec Design Dome Project 5,000.00 Reliance Electric Motors Supplies 60.00 Riedell Shoes Inc.Skates 373.58 St. Croix Boat and Packet Co.Arena Billing 52,393.09 Summit Companies Dome Project 3,531.15 Tri-State Bobcat Supplies 300.15 LIBRARY Ace Hardware Janitorial Supplies 94.71 Cintas Corporation Mat & towel cleaning service 67.44 Comcast Internet/WiFi 188.06 Global Industrial Custodial Supplies (SPLF 2019 -10 Grant)529.04 Koegel Christian M Cataloging/Processing 399.00 Loft Literary Center Programs - Adult 369.00 Madden Galanter Hansen LLP Professional Services 306.00 Menards Janitorial Supplies 215.11 MN Library Assoc.MLA Membership - Troendle 230.00 Nardini Fire Equipment Inspection 182.31 Office of MN IT Services Phone - October 143.70 Otis Elevator Company Service Contract 579.42 Stillwater Medical Group Drug Screening 311.00 Sustainable Supply Custodial Supplies (SPLF 2019-10)1,626.03 Uline Inc Custodial Supplies (SPLF 2019-10)1,549.10 TOTAL 1,754,443.82 Page 4 Adopted by the City Council this 3rd day of December, 2019 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING December 3, 2019 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Union Alley Garbage Issue – Resolution 2. Rec Center Curling Club 3. Aiple Property Rowing Club 4. Sustainable Purchasing Policy – Resolution IV. STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Development Dir. 9. Public Works Dir. 10. Finance Director 11. City Attorney 12. City Administrator 13. Library Director 14. Water Board Manager V. RECESS RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 15. Proclamation: Stillwater Area High School Girls Cross Country State Champion Ana Weaver X. OPEN FORUM - the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. the council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. CONSENT AGENDA - all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 16. November 19, 2019 regular and closed session meeting minutes 17. Payment of Bills (Available Tuesday) 18. HPC Enabling Ordinance Update Consulting Contract – Resolution 19. MSP Outdoor Services Contract – Resolution 20. Proposals for Self Contained Breathing Apparatus XII. PUBLIC HEARINGS - out of respect for others in attendance, please limit your comments to 10 minutes or less. 21. Case 2019-58 to consider a request by Wild River Office Park, LLC, property owner and Paul Loomis, applicant, to consider a Conditional Use Permit and Zoning Text Amendment to allow a school within the BP-I district. Property located at 1835 Northwestern Avenue. Notice was published in the Stillwater Gazette on Friday, November 15, 2019 – 1st Reading of Ordinance 22. To vacate and discontinue a portion of a public drainage easement located on a portion of Lot 1, Block 1, Rivard Addition. Property located at 8483 Marylane Avenue North. Notice was published in the Stillwater Gazette on Friday, November 15, 2019 – Resolution XIII. UNFINISHED BUSINESS – None XIV. NEW BUSINESS 23. Encroachments at 401 S. Main Street 24. Relay for Life of Stillwater Event 25. Truth and Taxation Presentation for 2020 Budget & Tax Levy – 2 Resolutions XV. COUNCIL REQUEST ITEMS XVI. POSSIBLE CLOSED SESSION 26. Pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney-client privileged communication regarding 121 Chestnut Street East XVII. ADJOURNMENT PLANNING REPORT TO: City Council CASE NO.: N/A REPORT DATE: November 27, 2019 MEETING DATE: December 3, 2019 REQUEST: Possible consideration of a Resolution approving agreements related to the use of public lands for trash storage LOCATION: Block 18, Original Town (now City) Alley between the 100 block of North Main and North 2nd Streets ZONING: CBD, Central Business District REPORT BY: Abbi Jo Wittman, City Planner REVIEWED BY: Shawn Sanders, City Engineer Bill Turnblad, Community Development Director INTRODUCTION At the City Council’s November workshop staff advised the Council of a cooperative agreement proposal for the use of public lands in the alley between the 100 block of North Main and North 2nd Streets for trash, recycling and grease storage. At the time, the Council seemed generally favorable to the concept of the cooperative though concern was raised regarding:  The City allowing some of the businesses/ properties into the cooperative when property use permits have required trash to be located inside the building; and  The final language in the agreements; and  The use of the alley without agreements and requiring non-participating businesses and properties to remove their containers from the alleyway. Alley View, looking North (2019) Page 2 At the Council’s last regularly-scheduled meeting the Council asked for the item to be placed on an upcoming workshop agenda. ANALYSIS Though concrete pads for the combined roll-off containers will not be poured until the spring, winter is approaching and there is momentum to consolidate the trash this year. The strongest desires are two-fold:  The reduction in the total number of containers will allow for the City and businesses to keep the alley cleaner through the winter. Recent photos submitted to the City depict what the alley looked like at periods through the winter; these photos are attached for the Council’s review. Maroney’s Sanitation, a waste hauler that services users in the alley indicated the alley was impassable some weeks last year.  The cooperative, as originally proposed by Sara Jespersen of the Lumberjack Bar, located in the JX Events Venue building (123 2nd Street North) will be less costly to participating businesses. While that subject building accounts for 30% of the total trash in the cooperative, moving to four bins is a 70% reduction in bins in the alleyway. The result of this proposal is less receptacles, less trucks, less overflow, and less daily trash in the alley. However, without the building at 123 2nd Street North in the cooperative, the program will not be less costly for participating businesses and the trash will not be removed four times per week. POSSIBLE ACTION The Council should discuss the item and: 1. If the Council is favorable, consider approval of the attached Resolution authorizing the City Administrator to enter into contracts the use of public property for an alley trash cooperative in the alley between the 100 block of North Main and North 2nd Streets. If the Council approves the Resolution, it allows City staff to continue to work with the property owners and legal counsel on the final agreement language and the transition to the cooperative in a timely manner. 2. If the Council is not favorable, the Council should deny the Resolution and initiate an effort to prohibit trash, recycling, and grease waste storage in the alley. Attachments: Alley Photographs Resolution A RESOLUTION APPROVING AGREEMENTS FOR THE USE OF PUBLIC PROPERTY WHEREAS, Sara Jespersen of the Lumberjack Bar has proposed to a cooperative trash, recycling, and grease storage program for the alleyway between the 100 block of North Main and North 2nd Streets; and WHERAS, on November 5 the City Council discussed the matter and determined they were favorable to the concept of the cooperative; and WHEREAS, the City Council has determined 100 block of North Main and North 2nd Street alley cooperative trash agreement program benefits the general public and the users of the cooperative program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The City Council approves agreements for the use of public lands in the alley adjacent to the 100 block of North Main and North 2nd Streets for a cooperative trash, recycling and grease waste storage agreement. 2. The City Administrator is hereby authorized to enter into agreements with participating businesses. Adopted by the City Council of the City of Stillwater this _______ day of ______________, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk • ' . \ • TO: Mayor and Council Members FROM: Bill Turnblad, Community Development Director DATE: November 27, 2019 RE: Curling Center discussion INTRODUCTION At the September 3, 2019 work session, the St Croix Curling Club discussed a potential project with the Council that would create a curling center at the City’s Recreation Center. The Council requested more information on the ownership/management models of the existing curling facilities in the area. This memo will summarize those models. Also, the curling club would like to begin its capital campaign for the future facility. But before beginning, they would like to reach conceptual agreement with the City Council on some of the main elements of a potential contract for the new facility. MANAGEMENT/OWNERSHIP MODELS Club Location Ownership Management St Paul Curling Club St Paul Private - St Paul Curling Club owns the property and facility. Private - St Paul Curling Club manages the property and facility, including food and drink service. Duluth Curling Club Duluth Private - Duluth Entertainment Convention Center owns the entire facility and the Duluth Curling Club leases the curling center. Private - Duluth Curling Club manages the leased facility including the food and drink service. Chaska Curling Club Chaska Public - City of Chaska owns the property and facility and the Chaska Curling Club rents/buys ice time. Public - City of Chaska’s Parks Department manages the property and facility. (No food or drink service) Four Seasons Curling Club Blaine Private - Fogerty Arena, a 501c3 corp, owns the entire facility and the Four Seasons Curling Club rents/buys ice time in the curling center. Private - Fogerty Arena manages the entire facility, including the curling center as well as food and drink service. Frogtown Curling Club Frogtown, St Paul Public- Ramsey County owns the property and facility and leases it to Frogtown Curling Club. Private - Frogtown Curling Club manages the leased facility and drink service. (No food service) Curling Center November 27, 2019 Page 2 And the proposed model for the St Croix Curling Club is below. Club Proposed location Proposed ownership Proposed management St Croix Curling Club Stillwater Private/public - City owns land and parking lot and leases land to St Croix Curling Club for $1/year. St Croix Curling Club owns building. Private - St Croix Curling Club manages curling center, including food and drink service. CONCEPTUAL AGREEMENT POINTS The St Croix Curling Club (SCCC) has requested the Council to consider conceptually approving the following elements of the project. When agreement is reached on each element, whether as proposed or some amended form, the SCCC would begin their capital campaign. 1. Land a. Lease to SCCC for 40 years at $1/yr, plus option to extend. 2. Parking a. 140 spaces would be needed for a tournament in an 8 sheet facility as proposed. b. SCCC requests the City to construct and pay for the parking lot. 3. Building a. To be financed, built, maintained and managed by SCCC. This would include management of the food and drink service. b. Food and drink service would be available to Rec Center athletes and guests. 4. Location a. SCCC requests that the Council permit the curling center to be located south of the Rec Center. b. The skateboard park would need to be relocated. 5. Tournament scheduling a. The SCCC would work with the Rec Center to avoid scheduling tournaments on the same weekends. 6. Term of commitment a. The SCCC is requesting a three year commitment to the agreed upon elements of the project. If sufficient funds are not raised within three years, an option to extend is desired. The SCCC would give annual fund raising reports to the Council. When the Council and the SCCC agree upon the terms of the six outlined elements, a draft agreement would be written for the Council to consider. And, the curling club would begin fund raising efforts. COUNCIL ACTION The Council is requested to consider the project elements and determine if they are acceptable. bt PLANNING REPORT TO: Mayor & Council Members DATE: November 26, 2019 REQUEST: Consider adopting sustainable purchasing policy REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION The work plan to attain Step 3 GreenStep Cities status (attached) includes adopting a sustainable purchasing policy in 2019. SPECIFIC REQUEST Consider approving the attached resolution, which adopts a sustainable purchasing policy. COMMENTS The proposed policy is intended to as a first step toward making purchases that are more “sustainable”. That is to say purchases that would reduce the City of Stillwater’s carbon footprint, minimize water usage, conserve natural resources, remove unnecessary hazards from its operations, reduce lifecycle costs, and improve the environmental quality of the region. The policy encourages, but does not require, sustainable purchases whenever the products are functionally and economically feasible and have a reasonable delivery time. And though a policy that only encourages sustainable purchases is not as effective as requiring them, it is a good first step toward incorporating these types of purchases into our purchasing habits. Some sustainable products are less expensive than their standard counterparts, 8.5x11 paper for example. But, others are more expensive. The policy would put a cap of a 20% cost increase on purchasing the sustainable options. Attachments: Work Plan Sustainable Purchasing Policy Resolution bt GreenStep Cities: Work Plan to attain Step 3 status Task 2019 2020 2021 B.P. 1 BUILDINGS & LIGHTING - Efficient Existing Public Buildings 1.1 B3 Benchmarking X 1.2 Low cost lighting (internal): parking ramp X city hall X 1.X One additional action needed in BP1 - TBD TBD TBD B.P. 11 TRANSPORTATION - Living Streets 11.1 Adopt complete streets policy X 11.3 Modify Main Street in compliance with complete streets policy X B.P. 15 ENVIRONMENTAL MANAGEMENT - Sustainable Purchasing 15.1 Adopt sustainable purchasing policy X 15.2 Purchase energy used by city gov't from solar gardens, etc.X B.P. 16 ENVIRONMENTAL MANAGEMENT - Urban Forests & Soils 16.2 Adopt Best Practices for public and private tree planting X 16.6.C Adopt an Emerald Ash Bohrer management plan X B.P. 17 ENVIRONMENTAL MANAGEMENT - Stormwater Management 17.1 Adopt MIDS X B.P. 24 RESILIENT ECON & COMM DEVELOPMENT - Benchmarks & Community Engagement 24.1 Establish a GreenStep Cities Committee X 24.2 Inform community of goals and progress X B.P. 25 RESILIENT ECON & COMM DEVELOPMENT - Green Business Development 25.7 Develop and launch a "buy local" promotion X 25.3 Develop and launch a "green tourism" campaign (Option here: become a "Bird City")X B.P. 29 RESILIENT ECON & COMM DEVELOPMENT - Climate adaptation & comm resilience 29.1 Weather Safety Plan X B.P. task completed by: 8/13/2019 Sustainable Purchasing Policy Page 1 of 3 November 25, 2019 City of Stillwater, Minnesota _________________________________________ Sustainable Purchasing Policy I. PURPOSE AND SCOPE It is the goal of this policy to encourage purchasing decisions that minimize negative impacts to human health and the environment. This policy is intended as an addendum the City’s Purchasing Policy. This addendum aims to reduce the City of Stillwater’s carbon footprint, minimize water usage, conserve natural resources, remove unnecessary hazards from its operations, reduce lifecycle costs, and improve the environmental quality of the region. Additionally, undertaking this with the anticipation of ultimately providing a catalyst for other businesses and purchasers in the community to incorporate similar sustainable purchasing goals. These objectives will be accomplished by guiding the procurement process towards considering alternative environmentally sustainable products and services, when feasible. This policy is a city-wide policy that applies to all City departments and employees, vendors, contractors and grantees for all products and services procured by the City. II. POLICY A. Recycled Content Products i. In accordance with Minnesota Statute 16C.073 and US EPA requirements, when compatible with printers and economically reasonable, the City will purchase paper products with no less than 30% recycled content for printing/copy paper, while striving to purchase paper products having the highest post-consumer recycled content feasible. In addition, the paper must come from sustainably forested sources when reasonably available. Ideally the City will purchase 100% recycled content for printing/copy paper. ii. The City will purchase janitorial paper products having the highest post-consumer recycled content feasible, with a strong preference of 100% recycled content for janitorial supplies. B. Purchased Electricity i. When economically feasible, the City will purchase renewably generated electricity. It is the City’s goal to continually move in the direction of ultimately reaching net zero carbon. C. Energy Conservation Products i. The City will purchase products that meet US EPA Energy Star Certification when feasible. Sustainable Purchasing Policy Page 2 of 3 November 25, 2019 ii. The City will factor lifecycle costs into its purchasing decisions. iii. The City will purchase rechargeable battery systems for common household sizes (AA, AAA, C, etc…) when available and functionally feasible. iv. When economically practical, the City will make every effort to offset the environmental impacts of its purchased fossil fuels by purchasing commodities with low emissions and high efficiency. This includes, but is not limited to, purchasing high efficiency or electric vehicles. D. Water Conservation Products i. The City will purchase water-saving products whenever possible. This includes, but is not limited to, high performance fixtures like toilets, waterless urinals, low flow showerheads and faucets, and upgraded high-efficiency irrigation systems. E. Cleaning Products i. The City will purchase products that promote high levels of performance, health, and sustainability. When feasible the City will purchase products that meet Green Seal, EcoLogo, and/or US EPA Safer Product Standards (https://www.epa.gov/saferchoice). F. Landscaping Products and Maintenance i. The City will consider environmentally preferable and sustainable products and services in all purchases related to landscaping. ii. The City will factor lifecycle costs into its purchasing decisions, such as purchasing landscaping products that are low maintenance (No Mow grass, plantings requiring less water, etc…). iii. The city will purchase native plants when practical. iv. When feasible, the City will substitute organics for chemicals. G. Waste Reduction i. The City will make purchasing decisions that exhibit an effort to minimize packaging and other waste that is not recyclable, reusable or compostable. H. Sustainable Services i. The City will request that vendors and service-contractors, in contract terms, use environmentally preferable equipment, materials, and techniques when feasible. III. IMPLEMENTATION A. Environmentally sustainable products and services will be considered for purchase, provided that they are of a reasonable price, perform adequately, and are obtainable in a timely fashion. B. Department heads are responsible for executing this policy when making purchasing decisions. Department heads will ensure that their staff is aware and trained on this policy. Sustainable Purchasing Policy Page 3 of 3 November 25, 2019 C. The city will not accept more than a 20% increased cost for purchasing environmentally sustainable products. D. This policy is subject to the requirements and preferences in the Uniform Municipal Contracting Law (MN. Statute 471.345), the City of Stillwater’s Purchasing Policy, and all other applicable laws and ordinances. RESOLUTION 2019- RESOLUTION ADOPTING A SUSTAINABLE PURCHASING POLICY FOR STILLWATER’S MUNICIPAL GOVERNMENT PURCHASES WHEREAS, the City Council is interested in promoting sustainability and resiliency to foster a healthy environment for its residents, employees and visitors; and WHEREAS, consideration of sustainable and environmentally friendly products belongs as part of municipal government purchasing decisions, consistent with standard practices such as safety, price, performance and availability; and WHEREAS, the City Administrator has developed a sustainable purchasing policy for City Council’s review and consideration. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Stillwater hereby adopts the sustainable purchasing policy for municipal government purchases (attached). BE IT FURTHER RESOLOVED that nothing in this resolution shall be interpreted as requiring products that are not available at a reasonable price or perform inadequately. Adopted by the Stillwater City Council this _________ day of _____________, 2019. _____________________________ Ted Kozlowski, Mayor ATTEST: __________________________ Beth Ward, City Clerk -ra .6 te.. 1 1 1 1 in,win;orpr- Citp of tittbnater, jilinneota fflotaciamation WHEREAS, ANA WEAVER finished as the Minnesota State High School League State Cross Country Running State Champion in 2019; and WHEREAS, ANA's career accomplishments are: • SEC Conference Champion • Region 4AA Champion • All -Conference • All -State • All -State Academic • Fastest time ever in the 5K in Stillwater High School history • Finished 4th at Nike Regionals, with a personal record time of 17: 27.7, and 8th at the Footlocker Regionals, which qualified her to race at the Nike National Championship and the Footlocker National Championship WHEREAS, ANA is a great runner and a great leader. She pushes her teammates daily at practices, which makes them better runners; and WHEREAS, ANA was elected a captain for 2020. Most importantly Ana is a wonderful person, very humble with all her accomplishments. NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me as Mayor of the City of Stillwater, do hereby proclaim December 4, 2019 - Ana Weaver Day in the City of Stillwater and encourage the citizens of Stillwater to congratulate Ana on her accomplishments. Presented by the Stillwater City Council this 3rd day of December, 2019. Atatiot 1 1. t 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES November 19, 2019 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:03 p.m. PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Finance Director Provos Community Development Director Turnblad Fire Chief Glaser Police Captain Meredith City Engineer Sanders Assistant City Engineer Abdullah City Clerk Wolf PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM Ann Martin, GreenSteps Committee co-lead, urged the Council to support the Bird City program. STAFF REPORTS Community Development Director Turnblad updated the Council on the following: the Request for Proposals (RFP) for the Aiple Property Master Plan is almost ready to distribute. The RFP for the Chestnut Street Plaza should be completed next month and construction should begin in spring 2021. The State Historic Preservation Conference will be in Stillwater September 16-18, 2020. The garage on Boutwell and Neal, which was a problem, is almost completed. The Sign Ordinance is in its third draft and by next week, staff will have questions for the City Attorney. A public hearing before the Planning Commission on the Sign Ordinance will occur in December or January. Public Works Director Sanders stated that the draft ADA transition plan is done and it will be presented to the Human Rights Commission in January and then to the City Council. Finance Director Provos reminded the Council that the Truth-in-Taxation meeting is December 3. City Council Meeting November 19, 2019 Page 2 of 5 City Administrator McCarty reported on a November 14 presentation by members of the Council, staff, and Washington County to the House Committee about the possibility of funding for the Highway 36/Manning interchange. CONSENT AGENDA November 1, 2019 Legislative breakfast special meeting minutes November 5, 2019 regular and recessed meeting minutes Payment of Bills Resolution 2019‐131, resolution designating 2020 Election Polling Locations within the City of Stillwater, Minnesota Resolution 2019‐132, approving renewals of Liquor and Tobacco Licenses for 2020 Resolution 2019‐133, adopting Delinquent Sewer Charges Project No. 0001 Resolution 2019‐134, adopting Delinquent Solid Waste Charges Project No. 0002 Ordinance No. 1135, Zoning Text Amendment to allow a Dog Training Facility to operate within the BP-I Zoning District by Special Use Permit (CPC Case No. 2019-56) Resolution 2019‐135, a joint resolution requesting concurrent detachment from Oak Park Heights and annexation into Stillwater of certain lands pursuant to Minnesota Statutes Section 414.061 ((OPH Res. 19-10-44) Resolution 2019‐136, a joint resolution requesting concurrent detachment from Stillwater and annexation into Oak Park Heights of certain lands pursuant to Minnesota Statutes Section 414.061 (OPH Res. 19-10-45) Renew Towing License for Stillwater Towing Issue New Off Sale Liquor License for Lora Wine Shop Sanitary Sewer Adjustment Mayor Kozlowski pulled Resolutions 2019‐135 and 2019‐136 from the Consent Agenda per Councilmember Weidner’s request, due to a conflict of interest. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. All in favor. Motion by Councilmember Polehna, seconded by Councilmember Junker, to approve Resolution 2019‐135, a joint resolution requesting concurrent detachment from Oak Park Heights and annexation into Stillwater of certain lands pursuant to Minnesota Statutes Section 414.061 ((OPH Res. 19-10-44) and Resolution 2019‐136, a joint resolution requesting concurrent detachment from Stillwater and annexation into Oak Park Heights of certain lands pursuant to Minnesota Statutes Section 414.061 (OPH Res. 19-10-45). Motion passed. Ayes: Mayor Kozlowski, Councilmembers Collins, Junker, and Polehna Nays: None Abstain: Councilmember Weidner PUBLIC HEARINGS There were no public hearings. City Council Meeting November 19, 2019 Page 3 of 5 UNFINISHED BUSINESS Stillwater Lights Event Agreement City Administrator McCarty explained the details of the proposal by the Greater Stillwater Area Chamber of Commerce for the Stillwater Lights Event to run through March 31, 2020. Staff recommends waiving the event fees and the City paying the electricity costs. Staff does not recommend a capital contribution to the event because a $15 ,000 one-time contribution was made last year. If the Council concurs with staff recommendations, the Council should pass a motion to approve the 2020 Stillwater Lights Event Agreement with seven conditions. Robin Anthony, executive director of the Greater Stillwater Area Chamber, stated they are continuing to work with businesses to fund the event. She asked for reconsideration of the funding request. The Chamber would like to add music, which would shut off at midnight. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the 2020 Stillwater Lights Event Agreement as recommended by staff. All in favor. License Designating 918 5th Ave S as Problem Property City Attorney Land explained that at the appeal hearing in October, the Council upheld the designation, so the property owner was required to apply for a license within 30 days. She explained the provisions of the license. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2019‐137, a resolution approving a license with conditions regarding the designation of 918 5th Avenue South, Stillwater as a problem property. All in favor. NEW BUSINESS Neal Avenue Improvement Project Feasibility Report Assistant City Engineer Abdullah reviewed the feasibility study for the Neal Avenue Improvement Project The total length of the project is 0.8 miles. The project consists of reconstructing Neal Avenue from Boutwell Road to McKusick Road and doing a mill and overlay from McKusick Road to White Pine Way. The entire length of Neal Avenue is proposed to have an eight foot trail added on the east side of the road. The total estimated cost of the project is $1,854,788 to be funded through City funds, assessments, Traffic Adequacy fund, storm water utility funds, and Municipal State Aid funds. Staff recommends that the Council accept the feasibility report and order a public hearing for December 17, 2019. Councilmember Weidner asked why the street width between Boutwell and Eagle Ridge is going down to 26 feet with no parking; and Mr. Abdullah replied that residents have requested no parking in that area due to speeding problems. A four-way stop will be installed at Neal Avenue and Eagle Ridge Trail to slow traffic. Councilmember Weidner stated that having no parking in that area might cause problems, although he understands trying to slow the vehicles. Councilmember Polehna suggested that a 10’ trail be considered rather than an 8’ trail. He also noted that stop signs are not considered by some engineers as a way to slow down traffic; and Public Works Director Sanders replied that due to the length of the segment of City Council Meeting November 19, 2019 Page 4 of 5 road, engineers are limited as to what can be done to slow traffic. He added that staff will look at possibly widening the trail to 10’. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2019‐138, resolution receiving report and calling hearing on Neal Avenue Improvement Project, Project 2019-08. All in favor. Bird City Program Community Development Director Turnblad stated that the work plan to attain Step 3 GreenStep Cities status by 2021 includes becoming a Bird City. Sustainable Stillwater and other groups have asked if it would be possible to move Bird City up a year to 2020 rather than 2021. He explained the program requirements. Zoning Administrator Graham Tait would coordinate this program. Councilmember Weidner voiced support for the program, but conce rn about staff workload. Mr. Turnblad responded that staff intends to bring an updated four-year work plan to the Council in December. Staff will take a look at the Bird City program and determine what is reasonable over the next year or two years. He will also ask Zoning Administrator Tait to talk with Sustainable Stillwater and the other advocacy groups and ask what resources they have available to work on the program. COUNCIL REQUEST ITEMS Councilmember Weidner referred to the discussion at the last meeting about a potential solution for the garbage problem in Union Alley. The solution did not move forward. He would like the Council to consider setting a hard deadline for getting the garbage cans out of the alley in the next 60 days. He would like this to be on a future agenda. Councilmember Junker noted it is his Ward and the businesses are very close to getting it resolved. He agreed that a resolution is overdue. Councilmember Polehna informed the Council that the lift bridge opening celebration is set for May 15-16, 2020. CLOSED SESSION Motion by Councilmember Weidner, seconded by Councilmember Junker, to adjourn to closed session, pursuant to Minn. Stat. §13D.05, subd. 3(b) to discuss attorney-client privileged communication regarding 121 Chestnut Street East. All in favor. The meeting was adjourned to closed session at 8:05 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna Also present: City Administrator McCarty, City Attorney Land, Attorney Peter Mikhail and Community Development Director Turnblad Motion by Councilmember Collins, seconded by Councilmember Junker, to reopen the meeting at 8:25 p.m. All in favor. City Council Meeting November 19, 2019 Page 5 of 5 ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 8:26 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2019‐131, resolution designating 2020 Election Polling Locations within the City of Stillwater, Minnesota Resolution 2019‐132, approving renewals of Liquor and Tobacco Licenses for 2020 Resolution 2019‐133, adopting Delinquent Sewer Charges Project No. 0001 Resolution 2019‐134, adopting Delinquent Solid Waste Charges Project No. 0002 Ordinance No. 1135 ‐ CPC Case No. 2019‐56 Zoning Text Amendment to allow a Dog Training Facility to operate within the BP-I Zoning District by Special Use Permit – Ordinance 2nd Reading Resolution 2019‐135, a joint resolution requesting concurrent detachment from Oak Park Heights and annexation into Stillwater of certain lands pursuant to Minnesota Statutes Section 414.061 ((OPH Res. 19-10-44) Resolution 2019‐136, a joint resolution requesting concurrent detachment from Stillwater and annexation into Oak Park Heights of certain lands pursuant to Minnesota Statutes Section 414.061 (OPH Res. 19-10-45) Resolution 2019‐137, a resolution approving a license with conditions regarding the designation of 918 5th Avenue South, Stillwater as a problem property Resolution 2019‐138, resolution receiving report and calling hearing on Neal Avenue Improvement Project, Project 2019-08 Ordinance No. 1135, An Ordinance Amending the Zoning Code to allow Dog Training Facilities by Special Use Permit in the BP-I Zoning District CITY COUNCIL MEETING DATE: November 26, 2019 REGARDING: HPC Enabling Ordinance Update Consultation Selection PREPARED BY: Abbi Jo Wittman, City Planner DISCUSSION As a reminder, city staff secured funding to update the HPC enabling ordinance and to consolidate design guidelines. A Request for Proposals was distributed and the City received two qualified proposals from the 106 Group and HKGi & Landscape Research. At their November 20th meeting, the Heritage Preservation Commission reviewed the RFP and subsequent proposals. At that time the HPC determined HKGi and Landscape Research bring vital experience needed to overhaul the enabling ordinance. RECOMMENDATION Both the HPC and city staff recommend entering into contract with HKGi for professional consulting services associated with the update of the HPC enabling ordinance. ATTACHED Resolution of Agreement Approval HGKi Proposal RFP and Addenda APPROVAL OF AGREEMENT WITH HKGi BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between HKGi and the City of Stillwater for an update to the Heritage Preservation Commission enabling ordinance and design guideline consolidation project in the amount not to exceed $26,000 is hereby approved and authorizes the City Administrator to sign the agreement. Adopted by the City Council of the City of Stillwater this 3rd day of December, 2019. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 3rd day of December, 2019, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and HKGi (name), 123 N. 3rd Street, Suite 100 Minneapolis, MN 55401 (address) (“Contractor”). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services (“Services”), as defined in the following documents: i. A proposal dated November 1, 2019, incorporated herein as Exhibit 1; ii. Other documentation, incorporated herein as Exhibit 2. (Hereinafter “Exhibits.”) b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. 2 b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. 3 d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY’S REPRESENTATIVE. The City has designated the City Planner to act as the City’s representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Jeff Miller to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, 4 damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Or e-mailed: awittman@ci.stillwater.mn.us If to Contractor: HKGi 123 N. 3rd Street, Suite 100 Minneapolis, MN 55401 5 Or emailed: jeff.miller@hkgi.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. 6 CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: 7 CONTRACTOR By: Its: Date: Prepared by HKGi and Landscape Research November 1, 2019 PROPOSAL FOR PROFESSIONAL SERVICES HERITAGE PRESERVATION COMMISSION ENABLING ORDINANCE AMENDMENTS STILLWATER, MINNESOTA EXHIBIT A CONTENTS 01 PROJECT TEAM 1 02 APPROACH & WORK PLAN 9 03 PROJECT EXPERIENCE 15 04 FEE PROPOSAL 23 HPC ORDINANCE AMENDMENTS PROPOSALii Landscape Architecture Planning Urban Design 123 N. 3rd Street, Suite 100 Minneapolis, MN 55401 612-338-0800 COLLABORATE LISTEN EXPLORE CREATE HKGi believes that design, when inspired by the character of the people and the land, can create a unique and identifiable sense of community. November 1, 2019 Abbi Jo Wittman, City Planner City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 RE: Proposal for Professional Services - Development of the Heritage Preservation Commission Enabling Ordinance Amendments Dear Ms. Wittman, On behalf of HKGi and Landscape Research, I am pleased to submit our proposal to assist the City and the Heritage Preservation Commission (HPC) in the inventory, evaluation, and updating of its heritage preservation related ordinances and design guidelines. Stillwater enjoys an extraordinarily well-preserved historic downtown and neighborhoods that attract residents and visitors to the community. The city and its downtown are also on the cusp of a new and exciting era with the recent closing of the city’s Lift Bridge to automobile traffic, which has relieved downtown of heavy traffic congestion, and the bridge’s upcoming reopening as a bicycle/pedestrian crossing that will attract new visitors and businesses to the downtown area. Heritage preservation is key to Stillwater’s community identity and economic development. The City’s recent update of its Comprehensive Plan identified significant issues related to its heritage preservation ordinances and design guidelines, making this an ideal time to update them. This project will be critical to positioning the City to better support rehabilitation and adaptive reuse of historic resources and accommodate new development while still maintaining those unique historic qualities that attract people downtown and make it a desirable destination. The team that we have assembled for this project includes planners who will bring a strong foundation of knowledge about Stillwater’s development context, its Comprehensive Plan directions and policies, and the City’s existing ordinances and regulations. All of the members of our team have been involved in prior planning initiatives in Stillwater, either through the recent comprehensive planning process, by providing direct planning assistance to the HPC, or by providing planning assistance for the review of development applications and ordinance development or revision. In addition, our team brings a substantial amount of experience developing/updating ordinances, design guidelines, and conducting heritage preservation related planning for other historic downtowns and riverfront communities. In particular, HKGi’s experience rewriting entire zoning ordinances for the purpose of achieving unified development codes will benefit Stillwater’s need for more unified heritage preservation ordinances. Our team members’ experience is outlined in greater detail beginning on page 4 of this proposal. I will serve as the Project Manager for the HKGi/Landscape Research team. I can be reached at 612-252-7123 or at jeff.miller@hkgi.com if you have any questions about our proposal or would like to discuss this project in greater detail. This is an exciting time for the City of Stillwater, and this is an intriguing project that will provide the City with great benefits moving forward. We are happy to have the opportunity to be considered for this project, and we look forward to speaking with you. Sincerely, Jeff Miller, AICP Associate STILLWATER, MINNESOTA iii 01. PROJECT TEAM HPC ORDINANCE AMENDMENTS PROPOSAL1 PROJECT TEAM HKGi For more than thirty-five years HKGi has helped communities throughout the Upper Midwest create great places for people to live, work and play. HKGi’s planners and landscape architects understand the issues communities face as they seek to grow, invest, and evolve. We have worked with dozens of communities to learn about the needs of stakeholders, explore strategies to position them for the future, and produce actionable plans that help communities achieve their development goals. By combining experience and knowledge with creativity, technical expertise, strong leadership, and passion for their work, HKGi’s professionals deliver innovative, effective solutions that prepare communities for the future. Zoning Ordinances, Design Guidelines, and Regulatory Tools HKGi’s planning and design team have provided general planning services to dozens of communities throughout the state of Minnesota. This work requires us to review development applications to ensure their adherence to zoning codes, design guidelines, and other regulatory tools communities use to preserve and shape the character of the built environment. Through this work, we have a practical understanding of how these regulations translate into actual buildings, streets, and other public spaces. We have the knowledge, therefore, to write regulatory tools and ordinances that will achieve a community’s desired results while minimizing unintended consequences that can negatively impact the community’s ability to grow and evolve. Landscape Research Landscape Research LLC provides cultural resource consulting services to communities, planning agencies, architecture and engineering firms, and other private and institutional clients. Our experience documenting and evaluating historic properties includes preparation of National Register nominations, environmental impact and Section 106 compliance studies, historic structure reports, federal historic tax credit certification, design guidelines, and preservation plans. Firm principals, Carole Zellie M.S., M.A. and Amy Lucas M.S., have more than thirty years of experience with many aspects of the National Register and local designation processes and have evaluated commercial, industrial and residential properties as well as designed historic landscapes, mining landscapes, and traditional cultural properties. We have assisted communities such as Saint Paul, Minneapolis, Northfield, Hastings and Lanesboro with ordinance, design guideline, and public information program development. We regularly work with planning staff, developers and neighborhood groups on design review for new construction and historic rehabilitation related to single buildings and landscapes as well as districts and corridors. In 2018 Landscape Research was hired by the City of Stillwater to prepare the Historic Resources Chapter of the 2040 Plan of Stillwater. The project included meetings with City staff, Heritage Preservation Commissioners and other stakeholders, and a complete review of existing plans and studies, as well as ordinances and design guidelines. Previous Stillwater projects include the Stillwater Cultural Landscape District Report (2011) and planning assistance to the Stillwater Heritage Preservation Commission (2015). 123 North Third Street Suite 100 Minneapolis, Minnesota 55401 p: 612.338.0800 f: 612.338.6838 w: www.hkgi.com Est. 1982 Staff: »7 Licensed Landscape Architects »5 Certified Planners »5 Urban Designers/Planners »1 Communications Staff Planning Landscape Architecture Urban Design 765 Hampden Avenue #315 St. Paul, Minnesota 55114 p: 651-641-1230 e: czellie@landscaperesearch.net w: www.landscaperesearch.net STILLWATER, MINNESOTA 2 PROJECT TEAM MEET THE TEAM HKGi Jeff Miller, AICP - Project Manager and Lead Planner Laura Chamberlain, AICP - Planning Lance Bernard - Background Planning Context Landscape Research Carole Zellie - Project Manager for Historical and Cultural Research and Planning Amy Lucas - Historical and Cultural Resource Research and Planning HPC ORDINANCE AMENDMENTS PROPOSAL3 PROJECT TEAM <Align image to this guide Prior to working as a consulting planner with HKGi, Jeff worked as a city planner in Chaska, a city with an historic downtown core, and as a researcher with the Design Center for the American Urban Landscape. This range of experience enables him to understand the issues communities face from a variety of perspectives, and has allowed him to develop a planning approach that integrates these diverse perspectives. Jeff is valued by clients for his outstanding listening and communication skills as well as his critical thinking abilities. In the past few years Jeff has provided planning services for Stillwater, including writing a short term rental housing ordinance. Jeff has conducted a variety of planning work for historic downtowns and can also bring the benefit of broad experience writing and revising zoning ordinances and design guidelines. His portfolio of project work includes several projects that address historic preservation, particularly within downtown commercial centers. Most notably, Jeff led the award-winning Downtown Master Plan and Downtown Signage Design Guidelines for Chaska and continues to provide the City with planning services. Jeff’s portfolio of zoning ordinance and design guideline projects includes his work in Chaska, rewriting the uniform development code for Winona, and performing the same work currently in Onalaska. He contributed to a rezoning study for the North Loop in Minneapolis, an area composed of historic buildings and new construction, has worked on a variety of ordinance and regulatory tools work for St. Louis Park. Relevant Planning Experience »General Planning Services | Stillwater, MN »Downtown Master Plan and Streetscape Planning | Chaska, MN »Downtown Signage Design Guidelines and Zoning Ordinance | Chaska, MN »Dynamic Signage Ordinance | Chaska, MN »Downtown Redevelopment Plan | Farmington, MN »Downtown/Riverfront Redevelopment Master Plan | Fergus Falls, MN »Unified Development Code Rewrite and Downtown Redevelopment Planning | Onalaska, WI »Town Center Design Guidelines and Zoning Ordinance | Eden Prairie, MN »Exterior Lighting Zoning Ordinance | St. Louis Park, MN »Unified Development Code Update | Winona, MN »North Loop Small Area Plan | Minneapolis, MN »Downtown East/North Loop Rezoning Study | Minneapolis, MN »Eliot School Site Reuse Design Guidelines | St. Louis Park, MN »*Downtown Preservation Design Manual | Chaska, MN Years of Experience: 17 Education »Master of Planning - University of Minnesota »B.A., Economics - St. Olaf College, Northfield, MN Certifications »American Institute of Certified Planners, Certification #025995 Awards »2019 MN APA Excellence in Community Engagement Award - Red Wing 2040 Community Plan »2017 MN APA Success Stories in Implementation Award - Chaska Downtown Master Plan »2017 MN APA Context in Planning Award - Eliot School Site Reuse Study - St. Louis Park, MN »2014 MN APA Planning in Context Award - Chaska Downtown Signage Design Guidelines Jeff Miller, AICP Associate | 612.252.7123 | jeff.miller@hkgi.com STILLWATER, MINNESOTA 4 PROJECT TEAM <Align image to this guide Years of Experience: 6 Education »Master of City and Regional Planning - Rutgers, State University of New Jersey »B.A., Geography - Macalester College, Saint Paul, MN Certification »American Institute of Certified Planners - Cert. #028530 Memberships/Affiliations »American Planning Association Laura is a certified planner whose work focuses on providing municipal clients with general planning services, zoning ordinance review and writing, comprehensive planning, grant writing, and environmental review projects. She served on the planning team that completed Stillwater’s 2040 Comprehensive Plan, and since 2016 she has provided general planning services to the City. She contributed to writing the City’s short term rental housing ordinance. Laura is experienced working with zoning ordinances and understands the ways in which ordinances and other regulatory tools shape a community’s development character. She has provided general planning services to numerous communities both in the Twin Cities metro and in Greater Minnesota, and she is currently leading a significant zoning ordinance update for Kasson. Each of the municipalities for which she has provided planning services includes a traditional downtown core. These communities include Faribault, Mound, Victoria, and Lindström. Laura is an experienced GIS and mapping technician at HKGi, and she has also worked as a GIS consultant for a neighborhood housing services organization in Minneapolis. As a graduate student she provided planning support and GIS services for the Voorhees Transportation Center and the Voorhees Center for Civic Engagement. Relevant Planning Experience »Comprehensive Plan | Chaska, MN »Comprehensive Plan Update | Farmington, MN »Comprehensive Plan | Stillwater, MN »Zoning Ordinance Update and General Planning Services | Kasson, MN »Comprehensive Plan and Zoning Code Modifications | Benton County, MN »General Planning Services | Faribault, MN »General Planning Services | Lindström, MN »General Planning Services | Mound, MN »General Planning Services | Stillwater, MN »General Planning Services | Victoria, MN Laura Chamberlain AICP Planner | 612.252.7126 | laura@hkgi.com HPC ORDINANCE AMENDMENTS PROPOSAL5 PROJECT TEAM <Align image to this guide Years of Experience: 15 Education »B.S. Community Development/ Urban Affairs, St. Cloud State University Memberships/Affiliations »Past President for the Minnesota Chapter of the American Planning Association »Past Treasurer for the Minnesota Chapter of the American Planning Association »Past Conference Chair for the Minnesota Chapter of the American Planning Association With a broad portfolio of planning experience, Lance brings a passion for community and transportation planning to HKGi, as well as established relationships with communities and agencies. The breadth of Lance’s work has touched on all aspects of planning, including comprehensive plans, long-range transportation plans, parking studies, and downtown master plans. Lance recently worked with the City of Stillwater to complete the community’s 2040 Comprehensive Plan and has also conducted planning related to Stillwater’s historic downtown core. The planning team for this project will benefit from Lance’s broad- ranging knowledge about the community and the surrounding area based on his experience working with Stillwater and Washington County. In recent years, Lance has been recognized as a leader in developing grants, asset management plans and financial plans for various agencies. His approach has helped his clients recognize their asset management needs, while aligning those needs with innovative funding mechanisms. In the last five years, Lance has helped his clients secure over $250 million in grant dollars. Relevant Planning Experience »Comprehensive Plan | Stillwater, MN »Downtown Parking Study | Stillwater, MN »Comprehensive Plan and Zoning Code Modifications | Benton County, MN »Downtown Parking Study | Victoria, MN »Parking Ordinance Revisions | St. Francis, MN »Downtown and Canal Park Parking Study | Duluth, MN »Historic Walker-Lake District Parking Study | St. Louis Park, MN »Comprehensive Plan | Victoria, MN Lance Bernard Planner | 612.252.7133 | lance@hkgi.com STILLWATER, MINNESOTA 6 PROJECT TEAM <Align image to this guide Carole Zellie has provided historical preservation and urban design services to various agencies and communities and recently wrote the Historic Resources chapter for the 2040 Comprehensive Plan for Stillwater. She has created preservation plans, design guidelines and ordinances for several districts and locations in Minneapolis and her urban design clients include Hennepin County, Washington County, and the City of Saint Paul. She has also conducted historic context studies for the Lowry Hill, East Isles, and Wedge neighborhoods (2005-6). Carole meets the Secretary of the Interior’s Qualifications for History and Architectural History. RECENT AND REPRESENTATIVE PROJECTS PRESERVATION PLANS AND HISTORIC AND CONSERVATION DISTRICT DESIGN GUIDELINES AND ORDINANCES »City of Stillwater, Minnesota. Preparation of Historic Resources Chapter for 2040 Plan of Stillwater (2018). »Minneapolis Heritage Preservation Commission. University of Minnesota Greek Letter Chapter House Design Guidelines (2002-2003); Fire Station #13 Design Guidelines (2003); Harmon Place Historic District Design Guidelines (2001); MacPhail School of Music Guidelines (2001). URBAN DESIGN AND RELATED PRESERVATION CORRIDOR PLANNING »City of St. Paul. St. Paul Grand Round Bikeway Study. Cultural resources evaluation to support planning for historic parkway corridor transportation study. With SEH (2015). »City of St. Paul. Downtown Bike Loop. Cultural resources evaluation to support planning for transportation study. With Toole Design Group (2015). »City of St. Paul. River Balcony Project. Cultural resources evaluation to support planning for historic parkway corridor transportation study. With Toole Design Group (2015). »Washington County. Preliminary cultural resources evaluation for the Red Rock Corridor in Ramsey, Washington, and Dakota counties. Historic context development and evaluation of the proposed transit corridor and station locations (2010). »Hennepin County Housing, Community Works and Transit. Historic context development and evaluation of the Minnehaha-Hiawatha corridor as part of a land use and urban design study (2007-2009). EDUCATION »1989 M.S. University of Wisconsin- Madison. Department of Geography (urban and historical geography) »1975-77 Ph.D. Program, University of Wisconsin-Madison. Department of Art History (American architecture) »1974 Master of Arts, University of Minnesota. Department of Art History (American and European architecture) »1972 Bachelor of Arts, University of Minnesota. School of Architecture and Department of Art History Carole S. Zellie PRINCIPAL HPC ORDINANCE AMENDMENTS PROPOSAL7 PROJECT TEAM <Align image to this guide Amy M. Lucas PRINCIPAL Amy Lucas joined Landscape Research in 2006 following twelve years as a planner with the City of Minneapolis and its Heritage Preservation Commission. Amy has extensive experience with historical research and cultural resource planning at the neighborhood scale. In addition to the City of Minneapolis, Amy has also provided expertise to the City of Saint Paul, Waseca, MnDOT, St. Cloud, Hennepin County, and Chisago County. She meets the Secretary of the Interior’s Qualifications for History and Architectural History. RECENT AND REPRESENTATIVE PROJECTS HISTORIC AND CONSERVATION DISTRICT DESIGN GUIDELINES AND ORDINANCES »Central Station and Lowertown Design Guidelines, St. Paul (with Winter & Company, 2016). »Conservation District Technical Advisory Team, Minneapolis (2013). »Waseca, Minnesota Courthouse Historic Landscape Study (2008). »Chapter 599 of the Minneapolis City Code of Ordinances “Heritage Preservation Regulations” (2001). »Minneapolis Heritage Preservation Design Guidelines for On-Premise Signs and Awnings (2003). »Design Guidelines for individual properties including seven Minneapolis libraries, Orpheum Theater, Band Box Diner and Cream of Wheat Building (1994- 2006). SECTION 106 REVIEW »Veterans Hospital Building #13, Minneapolis. Section 106 Evaluation (2014, Cuddy Santine). »Main Street Evaluation, Barnum. Section 106 Evaluation (2013, City of Barnum). »St. Cloud AmTrak Depot, St. Cloud. Section 106 Evaluation (2013, Judd Allen Group Architects). »Veterans Hospital Building #10, Minneapolis. Section 106 Evaluation (2013, Cuddy Santine). »Minnehaha-Hiawatha Corridor Cultural Resources Study (2008-9; Hennepin County HCWT, Minneapolis). »Chisago County, Minnesota TH& Architectural History Evaluation (2010, MDOT). »Chisago County, Minnesota TH8 Phase I and II Architectural History Investigation (2007 and 2010, MnDOT). »Salem English Lutheran Church, Minneapolis. Section 106 Evaluation (2008, Brighton Development). »Section 106 Minneapolis CPED reviews including Sumner-Olson Housing, FERC EDUCATION »1993 Master of Science, Columbia University, Graduate School of Architecture Preservation and Planning (Historic Preservation) »1991 Bachelor of Arts, Bryn Mawr College, (Art History and City Planning) EXPERIENCE »2006- Principal, Landscape Research LLC -Conducts research and planning for cultural resource projects including building and landscape inventory and research, historic tax certification and Section 106 evaluations, and National Register nominations. »1994-2006 Senior City Planner, City of Minneapolis -Staff to Minneapolis Heritage Preservation Commission included city-wide preservation consultation, historic resources inventory management, historic plaque program, design review, historic variances, local and national designation studies, grants, contract management, neighborhood and comprehensive plans, walking tours, retreats. »1992 Associate, Paul Madson and Associate Architects »1991 Manager, Kentucky State Historic Preservation Office »1988-1991 Manager, Rockwood Museum of Delaware STILLWATER, MINNESOTA 8 02. APPROACH & WORK PLAN HPC ORDINANCE AMENDMENTS PROPOSAL9 APPROACH & WORK PLAN Project Understanding The City has a wealth of unique historic districts, structures and sites that have been designated as historic places, both national and local. To preserve these historic resources, the City has established heritage preservation regulations in the form of ordinances, which serve as requirements, and design guidelines, which are advisory rather than required elements or characteristics. Based on the background provided in the City’s RFP and our team’s experience working with the City on its recent Comprehensive Plan Update, it is our understanding that the City has identified that its heritage preservation regulations have become complex, disconnected, and outdated. This issue has resulted in the heritage preservation regulations being difficult for the public to understand and for the City’s Historic Preservation Commission and staff to use. In 2019, the City completed the 10-year update of its Comprehensive Plan, which includes a Historic Resources chapter. The intent of the update to this chapter was to strengthen the City’s preservation planning framework by evaluating existing needs and identifying opportunities for improvement. The Historic Resources chapter also establishes the City’s goals, objectives, and policies for heritage preservation and identifies and prioritizes implementation action steps for improving heritage preservation in the community, including ordinances and design guidelines. Currently, the heritage preservation related ordinances are scattered across multiple chapters of the City’s Code of Ordinances (including Zoning, City Administration, Building Demolition, and Licenses/Permits/Prohibitions). Heritage preservation related ordinances can also be found in multiple articles/divisions/sections within the Zoning Ordinance. Likewise, the design guidelines, which are not codified in the Code of Ordinances, are scattered across multiple historic and zoning districts, vary in format, and vary in their enforceability (e.g. some sets of guidelines have not been adopted). The intent of this project is generally to inventory and evaluate all of these regulations and design guidelines; clean up inconsistencies, redundancies, and stumbling blocks; create a connected system of regulations; and connect the regulations and the HPC’s practices to the updated Comprehensive Plan. THE GENERAL INTENT OF THIS PROJECT IS TO: »inventory and evaluate heritage preservation related ordinances and design guidelines »revise to eliminate inconsistencies, redundancies and to update outmoded language and concepts »create a connected system of regulations that are more user-friendly and easily navigable »connect the update regulations and HPC practices to the 2040 Comprehensive Plan STILLWATER, MINNESOTA 10 APPROACH & WORK PLAN Work Plan Overview TASk 1 INVENTORY AND EVALUATE ORDINANCES & GUIDELINES 1.1 Review existing ordinances and guidelines 1.2 Review Comprehensive Plan’s Historic Resources goals and policies 1.3 Kickoff meeting with staff 1.4 Identify ordinance challenges, inconsistencies, and redundancies 1.5 Visioning/listening session with HPC, citizen advisory committee and staff 1.6 Identify potential existing guidelines to be codified in ordinance TASk 2 RECOMMEND ORDINANCE AMENDMENTS 2.1 Research ordinance best practices 2.2 Develop recommendations for ordinance amendments 2.3 Meeting/conference call with staff 2.4 Public information/listening session TASk 3 PREPARE DRAFT ORDINANCE AMENDMENTS AND CONSOLIDATED GUIDELINES MANUAL 3.1 Prepare draft ordinance amendments 3.2 Prepare draft consolidated guidelines manual 3.3 Meeting/conference call with staff 3.4 Revise draft ordinance 3.5 Feedback session with HPC and citizen advisory committee TASk 4 PREPARE FINAL ORDINANCE AMENDMENTS AND GUIDELINES MANUAL 4.1 Meeting/conference call with staff 4.2 Prepare final ordinance amendments for review 4.3 Prepare final guidelines manual for review TASk 5 CONDUCT REVIEW AND APPROVAL PROCESS 5.1 HPC meeting 5.2 PC meeting/public hearing 5.3 City Council meeting/public hearing (1st reading) 5.4 City Council meeting/public hearing (2nd reading) HPC ORDINANCE AMENDMENTS PROPOSAL11 APPROACH & WORK PLAN Project Approach Our proposed work plan is structured to incorporate the specific tasks and timeline outlined in the City’s RFP. Our team’s approach is conduct a thorough inventory, review, and audit of the City’s current heritage preservation regulations. We view this project as a partnership with the City, particularly City staff (Community Development Director, City Planner and City Attorney), to compile existing ordinances and design guidelines, compare and analyze them to identify inconsistencies, redundancies, and other stumbling blocks that make them challenging to understand and use. Based on this upfront inventory and evaluation, our work plan proposes researching best practices and identifying recommended ordinance revisions. We will then offer these recommended revisions to the public for their review and feedback, which will provide us with critical input and guidance for the next step in the process, the drafting of proposed ordinance amendments. Working with City staff, the Heritage Preservation Commission (HPC), and a citizen advisory committee, we will review and collect feedback on the draft amendments before completing the final ordinance amendments. Our work plan proposes the creation of a working document that will enable an initial inventory and analysis of the City’s various sets of design guidelines. While it is our understanding that this project is not intended to result in changes to the actual design guidelines, consolidating these sets of guidelines will better facilitate the planning team’s ability to identify recommended improvements for future consideration. Community Engagement Our proposed project schedule includes three meetings for community stakeholders. All three meetings are intended to include City staff, the HPC, and a small citizen advisory committee (as identified in the RFP). It is our intent to make use of the Statewide HPC Training Manual and Online Training materials, which the City of Stillwater helped develop, in facilitating these meetings. These materials will enable our team to provide meaningful heritage preservation educational and technical information to the public and better enable community members to evaluate and respond to ideas, concepts, and recommendations under consideration during this process. Our experience with ordinance update projects suggests that it is not beneficial to schedule meetings with the community too early in the process. The technical and detailed nature of ordinances makes it challenging to collect meaningful input from community members until something is actually proposed or recommended. For that reason, we are proposing that we complete some of the upfront inventory and analysis work before holding the first meeting, a visioning/listening session, with the HPC and citizen advisory committee near the end of Task 1. We propose that the second meeting be open to the general public, in addition to the HPC and citizen advisory committee, as an information sharing and listening session. This meeting is proposed to take place during Task 2 after we have identified some recommended changes to the ordinances. Finally, we propose that the third meeting, will be focused on the actual detailed amendments to the ordinances, be conducted with City staff, the HPC, and the citizen advisory committee. As the project progresses, we will discuss with the City whether or not it would be beneficial or necessary to open up this meeting to the STILLWATER, MINNESOTA 12 APPROACH & WORK PLAN general public should be part of this third meeting, but at least for this proposal, we are proposing the more limited, but focused, level of participation City staff, the HPC, and the citizen advisory committee can provide. We anticipate that these three community meetings will occur in Stillwater, if possible at a location in the commercial historic district. Per the RFP Addendum, it is our understanding that City staff and/or HPC members will lead these three community meetings. Our work plan also includes a number of meetings with City staff. We anticipate that some of these meetings could be facilitated as virtual meetings, e.g. GoToMeeting online meetings. Community-Based Planning Philosophy HKGi is committed to a community-based planning approach that emphasizes listening to the client, community members, and other stakeholders, and then leveraging our experience and knowledge to create plans and designs that fit the community’s vision for the future. This philosophy has been at the heart of our practice for more than 35 years and has enabled us to continue to serve our clients and help them achieve their community development, preservation, sustainability, and resiliency goals. CREATE COLLABORATE LIST E N EXPLORE A spirit of collaboration. An approach that emphasizes listening first. An enthusiasm for exploring potential ideas and outcomes. Together these inputs result in the creation of plans and designs that respond to a community’s unique context and lead to a more sustainable future. HPC ORDINANCE AMENDMENTS PROPOSAL13 APPROACH & WORK PLAN Meeting w/City Staff Community Meeting Historic Preservation Commission Planning Commission City Council Meeting Project Schedule The schedule below outlines the anticipated timeframe for each task and identifies the meeting schedule as outlined in the request for proposals. Exact meeting dates will be confirmed or revised in collaboration with City staff at the project kick-off meeting in Task 1. DEC 19 JAN 20 FEB MAR APR MAY JUN Task 1 - Inventory and Evaluate Ordinances and Guidelines Task 2 - Recommend Ordinance Amendments Task 3 - Prepare Draft Ordinance Amendments and Consolidated Guidelines Manual Task 4 - Prepare Final Ordinance Amendments and Guidelines Manual Task 5 - Conduct Review and Approval Process STILLWATER, MINNESOTA 14 03. PROJECT EXPERIENCE HPC ORDINANCE AMENDMENTS PROPOSAL15 PROJECT EXPERIENCE Zoning Ordinance, Design Guidelines & Regulatory Tools Regulatory tools such as design guidelines, development codes and zoning ordinances translate planning visions and recommendations into enforceable policy language that shapes the physical development of the community. They are essential in determining a community’s character, be it the preservation of historic qualities, promoting the use of high-quality building materials, or specifying building massing or density to create or preserve neighborhood livability. Creation of effective regulatory tools requires a deep understanding of how the shapes, materials and design of the built environment influence a community’s unique character. HKGi has conducted planning related to zoning, design guidelines and regulatory tools in communities such as »Uniform Development Code Rewrite - Winona, MN »Uniform Development Code Rewrite - Onalaska, WI »Zoning Ordinance Update - Kasson, MN »Zoning Ordinance Updates and Revisions - Mound, MN »Zoning Ordinance Update - Lindström, MN »Zoning Ordinance Revisions - St. Louis Park, MN »Zoning Ordinance Revisions - Grand Marais, MN »Zoning Ordinance Revisions - Stillwater, MN »Town Center Zoning Ordinance and Design Guidelines - Eden Prairie, MN »Zoning Ordinance Revisions - Maplewood, MN »Design Guidelines - St. Louis Park Eliot School »Design Guidelines - West Side Flats, Saint Paul »Zoning Ordinance Update and Design Guidelines - North Loop, Minneapolis »Design Guidelines - Penn Avenue Revitalization, Richfield »Design Guidelines - Downtown Hastings Garage Alley/Service Drive Heat Island Reduction Effect Rainwater Gardens Airy Trees. Protection from weather and sun STILLWATER, MINNESOTA 16 PROJECT EXPERIENCE < For full cutsheet, align sidebar to this guide Historic Downtown Planning The Downtown is typically the heart of a community, its character synonymous with the city’s identity. Communities with downtowns want to keep them vibrant. Those without want to create them. Downtown plans can be particularly challenging, involving issues like historical preservation, underutilized aging properties, innovative financing, public space design, connectivity, riverfront access, parking and transportation, or revision of regulatory tools. Successful downtown plans help communities kick-start their revitalization efforts and build momentum for future economic activity. HKGi’s downtown planning clients have included: »Chaska Downtown Plan, Streetscape Design, Redevelopment Planning, and Ordinance Writing »Osseo Downtown Plan and Streetscape Design »Red Wing Downtown Action Plan and Streetscape Design »Fergus Falls Riverfront/Downtown Plan »Alexandria Broadway Streetscape Design »St. Louis Park Historic Walker-Lake Parking Study »Duluth Downtown and Canal Park Parking Study »Hermantown Marketplace Redevelopment Concept »Elk River River’s Edge Commons Site Design »Chanhassen Downtown Vision »Excelsior Downtown Revitalization Plan »Farmington Downtown Master Plan »Hopkins ARTery Streetscape Concept »Hutchinson Downtown Revitalization Plan, Action Plan, and Wayfinding Plan »Lakeville Downtown Development Guide »Le Sueur Downtown Plan »North St. Paul Redevelopment Plan »Onalaska (WI) Downtown Redevelopment Planning »Victoria Downtown Development Plan HPC ORDINANCE AMENDMENTS PROPOSAL17 PROJECT EXPERIENCE < For full cutsheet, align sidebar to this guide Unified Development Code Winona, Minnesota HKGi recently conducted a review and rewrite of the City of Winona’s subdivision code, zoning code and map, and site plan ordinance to modernize the code in accordance with the City’s 2007 Comprehensive Plan. HKGi worked with City staff over the course of the two year project to combine the different components into a Unified Development Code. In addition to conducting the analysis, writing draft and final code versions, and presenting to the Planning Commission and City Council, HKGi also led an extensive public participation process to ensure that members of the public has a voice throughout the planning process. Project objectives included the creation of the Unified Development Code; incorporation of form-based and design standard strategies for downtown Winona; inclusion of illustrations and graphics in the code to facilitate a better understanding of code requirements; establishment of mixed-use zoning districts and regulations; and consideration of Winona’s natural setting and its impact on greenfield development. Reference Carlos Espinosa, City Planner City of Winona cespinosa@ci.winona.mn.us 507-457-8250 STILLWATER, MINNESOTA 18 PROJECT EXPERIENCE < For full cutsheet, align sidebar to this guide Unified Development Code Onalaska, Wisconsin Input from the community has been collected on a variety of topics including accessory uses in residential areas. HKGi is currently rewriting the Unified Development Code for the City of Onalaska, Wisconsin, which lies along the Mississippi River immediately north of La Crosse. The project’s objectives include making the UDC easier to understand and use; ensuring that the code meets state statutes; reflects the direction of the 2016 comprehensive plan; and includes a modernization of development standards to encourage high- quality, context-sensitive development. The Zoning Map for the City will also be updated to reflect new zoning regulations. HKGi has completed the initial phases of the project, including reviewing the existing code, conducting a diagnostic, and creating an annotated outline for consideration and review by the Plan Commission. The current phase involves drafting the new code in modules to facilitate an effective review by the public and municipal boards and commissions. Stakeholder feedback has indicated a strong desire to simplify the UDC and streamline procedures. Input has also indicated a desire to allow more mixed-use development, evaluate parking requirements and ensure adequate parking in a reinvigorated downtown, allow for more food trucks, regulate exterior lighting more effectively, and address a host of residential issues to allow for more affordable housing and an expansion of the housing types available in the city. Reference Katie Aspenson, Planning/Zoning Inspector City of Onalaska kaspenson@onalaskawi.gov 608-781-9590 HPC ORDINANCE AMENDMENTS PROPOSAL19 PROJECT EXPERIENCE < For full cutsheet, align sidebar to this guide Chaska Downtown Signage Design Guidelines Chaska, Minnesota 2014 Planning in Context Award As a result of the downtown plan and the signage design guidelines, the City established a grant and loan program to assist businesses with upgrading their signage. One of the first implementation actions the City of Chaska took following the completion and adoption of the Downtown Master Plan in 2012 was to establish design guidelines for downtown signage and update the City’s Sign Ordinance. HKGi facilitated this City-businessowner collaboration and worked with a project task force that included downtown business owners, Planning Commissioners, Heritage Preservation Commissioners, City Staff, and sign makers. HKGi provided educational and precedent resources regarding appropriate signage in historic downtown districts and developed a visual preference survey to identify the community’s signage preferences. The Downtown Chaska Signage Design Guidelines was built based on this community input and was designed to be a concise, user-friendly visual design guidelines manual. HKGi also updated the City’s Sign Ordinance to align it with the design guidelines and improve its clarity and organization, ultimately making it easier to understand and use. 4 t h S t r e e t 3 r d S t r e e t 2 n d S t r e e t 1 s t S t r e e tWalnut St reet Chestnut St reetPi ne St reet Cedar St r eet El m St reet Hi ckor y St reet Spr uce Street 1 s t S t r e e t 4 t h S t r e e t 3 r d S t r e e t 2 n d S t r e e tOak St r eet Ash St reet Mapl e St r eet Beech St reetC a s c a d e D riv e 5 t h S t r e e t 6 t h S t r e e t Tupelo WayYellow Brick RoadB ie rlin e S tre e t7th Street 6th Street S to u g h to n A v e n u e Woodland Drive C o u nty R o a d 1 1 0 Edgehill Road¬«61 6 t h S t r e e t ¬«61 "¯41 ¬«140 Downtown Historic Building Designation Building Footprint Designation Walnut Street National Historic District (NHD) NHD Contributing Property Only NHD Contributing Property & Local Historic Designation National Register of Historic Places & Local Historic Designation Local Historic Designation Only Open Space Park / Recreation Prepared by Hoisington Koegler Group, Inc. on August 10, 2010 J City Square Hickory Park Winkel Park Fireman's II Park MN Valley National Wildlife Refuge MN Valley State Recreational Area Schimelpfenig Park Fireman's Clayhole Fireman's I Park Athletic Park Courthouse Lake Area Highland Park Riverbend Park Schalow Park Brickyard Clayhole Courthouse Lake Brickyard Park M in n e s o t a R iv e r 4 t h S t r e e t 3 r d S t r e e t 2 n d S t r e e t 1 s t S t r e e tWalnut Street Chest nut St reetPi ne St r eet Cedar St reet El m St r eet Hi ckor y St reet Spruce Street 1 s t S t r e e t 4 t h S t r e e t 3 r d S t r e e t 2 n d S t r e e tOak St reet Ash St reet Mapl e St reet Beech Street C a s c a d e D riv e 5 t h S t r e e t 6 t h S t r e e t Tupelo WayYellow Brick RoadB ie rlin e S tre e t7th Street 6th Street S to u g h to n A v e n u e Woodland Drive C o u nty R o a d 1 1 0 Edgehill Road¬«61 6 t h S t r e e t ¬«61 "¯41 ¬«140 Downtown Historic Building Designation Building Footprint Designation Walnut Street National Historic District (NHD) NHD Contributing Property Only NHD Contributing Property & Local Historic Designation National Register of Historic Places & Local Historic Designation Local Historic Designation Only Open Space Park / Recreation Prepared by Hoisington Koegler Group, Inc. on August 10, 2010 J City Square Hickory Park Winkel Park Fireman's II Park MN Valley National Wildlife Refuge MN Valley State Recreational Area Schimelpfenig Park Fireman's Clayhole Fireman's I Park Athletic Park Courthouse Lake Area Highland Park Riverbend Park Schalow Park Brickyard Clayhole Courthouse Lake Brickyard Park M in n e s o t a R iv e r Reference Kevin Ringwald, Director Planning and Development City of Chaska kringwald@chaskamn.com 952-448-9200 STILLWATER, MINNESOTA 20 PROJECT EXPERIENCE < For full cutsheet, align sidebar to this guide Downtown Master Plan Chaska, Minnesota HKGi led the City’s effort to create a Downtown Master Plan for Chaska’s historic downtown, which still retains much of its character as a past center for brickmaking and ironwork. The plan seeks to preserve and strengthen downtown as the center of the community by addressing existing land use patterns, identifying priority opportunity sites, redevelopment strategies, and streetscape and public realm investments, and improving connectivity, accessibility, and heritage preservation. Although it has many advantages, such as proximity to the Minnesota River, the downtown is somewhat isolated by two highways, and most of Chaska’s residential development is occurring at the northern edge of the city, far from the downtown. Despite the challenges, however, significant progress has been made on implementing plan initiatives, and downtown Chaska is quickly becoming a draw thanks to some key redevelopment that emerged from this plan. HKGi created redevelopment concepts for several key sites. One site at the southern gateway to the city has been redeveloped as residential units, setting the stage for more riverfront residential redevelopment. Another priority site, Fireman’s Park, has been redeveloped into a popular park and event center featuring a restaurant and curling center. HKGi is currently designing a Veteran’s Memorial Park to complement Fireman’s Park. A third site, Town Square West, is in the early planning stages for redevelopment, and streetscape reconstruction is nearly complete, including creation of a more pedestrian-friendly streetscape along the highway at the northern edge of downtown. Implementation efforts have included redevelopment at the southern gateway to the City (bottom). 2017 Success Stories in Implementation Award HPC ORDINANCE AMENDMENTS PROPOSAL21 PROJECT EXPERIENCE < For full cutsheet, align sidebar to this guide Landscape Research Representative Experience Stillwater 2040 Comprehensive Plan - Historic Resources Chapter In 2018 Landscape Research was hired by the City of Stillwater to prepare the Historic Resources Chapter of the 2040 Plan of Stillwater. The project included meetings with City staff, Heritage Preservation Commissioners and other stakeholders, and a complete review of existing plans and studies, as well as ordinances and design guidelines. Previous Stillwater projects include the Stillwater Cultural Landscape District Report (2011) and planning assistance to the Stillwater Heritage Preservation Commission (2015). Hastings Design Review Guidelines The City of Hastings contracted with Landscape Research to revise existing guidelines for the Main Street Historic District, two residential areas, and a proposed conservation district. The final product was the result of a series of planning sessions with HPC commissioners and city staff. The 48-page document is available on CD-ROM and on the city’s website, and can be distributed as a booklet or as single pages. Dayton’s Bluff Design Review Guidelines and Historic District Handbook St. Paul, Minnesota The Dayton’s Bluff Design Review Guidelines and ordinance revisions were prepared for an area that included many small vernacular houses originally owned by German and Scandinavian immigrants, as well as high- styled mansions. An alternate conservation district proposal was also developed. The area was undergoing new investment and the city continues to use the guidelines to work with homeowners and developers. Recipient of St. Paul Heritage Preservation Commission Award. University of Minnesota Chapter House Design Guidelines MacPhail School of Music Design Guidelines Firestation #13 Design Guidelines Client: Minneapolis Planning Department / Heritage Preservation Commission Landscape Research developed design guidelines for two historic districts and two commercial properties following local designation. The consultant worked with city staff and property owners to customize language that fit the requirements of each property and area. Near North Conservation District Ordinance and Design Guidelines Client: Iowa City Community Development Department, Iowa City, Iowa Landscape Research wrote a new conservation district ordinance and design guidelines for four historic neighborhoods at the heart of Iowa City. These areas contained lots with high development potential and the guidelines were proposed as the basis of building permit review. Many of the concepts proposed in 1995 have been incorporated into current planning regulations. STILLWATER, MINNESOTA 22 04. FEE PROPOSAL HPC ORDINANCE AMENDMENTS PROPOSAL23 FEE PROPOSAL Fee Proposal EST. HOURS FEE Task 1 - Inventory and Evaluate Ordinances and Guidelines 40 $5,100 Task 2 - Recommend Ordinance Amendments 50 $6,300 Task 3 - Prepare Draft Ordinance Amendments and Consolidated Guidelines Manual 70 $8,100 Task 4 - Prepare Final Ordinance Amendments and Guidelines Manual 30 $3,300 Task 5 - Conduct Review and Approval Process 20 $2,600 Subtotal 210 $25,300 Expenses $700 Total Not-To-Exceed $26,000 STILLWATER, MINNESOTA 24 Creating PLACES that enrich PEOPLE’S lives CITY OF STILLWATER REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES Development of the Stillwater Heritage Preservation Commission Enabling Ordinance Amendments Proposals Due: 12:00 p.m., November 1, 2019 EXHIBIT B RFP: Stillwater HPC Enabling Ordinance Amendments, Page 2 TABLE OF CONTENTS I. INTRODUCTION A. Purpose of Request Page 3 B. Objective of this RFP Page 3 C. Background Page 3 II. SCOPE OF WORK A. Overview Page 6 B. Professional Qualifications Required Page 6 C. Budget and Support Services Page 6 D. Deliverables Page 6 E. Project Work Plan and Timeline of Specific Tasks Page 6 III. PROPOSAL FORMAT A. Professional Qualifications Page 7 B. Required Proposal Contents Page 8 D. Fee Quotation Page 8 E. Optional Information Page 8 IV. RFP PROCESS A. Responders’ Questions Page 9 B. Proposal Submission Page 9 V. PROPOSAL EVALUATION AND SELECTION A. Overview of Evaluation Methodology Page 9 B. Evaluation Criteria Page 9 VI. REQUIRED CONTRACT TERMS AND CONDITIONS Page 10 VII. RIGHTS RESERVED Page 11 RFP: Stillwater HPC Enabling Ordinance Amendments, Page 3 I. INTRODUCTION A. PURPOSE OF REQUEST The City of Stillwater (Stillwater), in coordination with its Heritage Preservation Commission (HPC), is seeking proposals from consultants to update the Stillwater Heritage Preservation Commission enabling ordinance and associated city code sections pertaining to HPC activities. B. OBJECTIVE OF THIS RFP The objective of this Request for Proposals (RFP) is to obtain proposals from, and enter into contract with, a qualified Responder(s) to perform the tasks and services set forth in this RFP. The term of any resulting contract is anticipated to run from November 4, 2019 through June 30, 2020. C. BACKGROUND To help protect the character and nature of the community and its historic resources, in 1987 the City of Stillwater developed an ordinance specifically pertaining to its Heritage Preservation Commission (HPC). The framework created remains mostly intact today with minimal modifications in the last three decades. However, certain activities of the HPC (or activities which the HPC may be required to be involved with) are also addressed in over one dozen other City Code Sections. A list of referenced City Code Sections is attached as Exhibit A. Within the municipal boundaries of the City of Stillwater, there is a National Register- listed historic district (the Stillwater Commercial Historic District), a Neighborhood Conservation District, a National-Register eligible archaeological district (the South Main Street Archeological District), a National-Register eligible Cultural Landscape District, and over one dozen structures and sites individually listed on the National Register of Historic Places, as well as numerous design review districts. In the last thirty years, the City has developed five different sets of design guidelines. While four have been adopted, only three are frequently utilized and one set of residential design guidelines has not been considered for adoption. With these guidelines in place, there are still certain designated properties, or those located in an established design review district, for which no guidelines exist. Additionally, these design guidelines are not specifically tied to the HPC’s enabling ordinance. This complex and disconnected system for the preservation of Stillwater sites and structures has made it difficult for the public to understand and for the HPC to administer. Consequently, City of Stillwater staff are challenged when assisting elected and appointed officials as well as property owners through specific application review processes and permit approvals. A complete list of all HPC-related City Code Sections, RFP: Stillwater HPC Enabling Ordinance Amendments, Page 4 code references, and existing and drafted guidelines is available at https://www.dropbox.com/sh/udr58o6xjyq8nl4/AABTTYBr8ibCB4DYbKctMUfaa? dl=0. On September 17, 2019 the City Council adopted a moratorium on the issuance of demolition permits for locally-designated heritage preservation sites and historic resources. The City has one year to revise demolition review processes which will be led by City staff. The final demolition review amendment will be incorporated into this HPC-enabling ordinance amendment. II. SCOPE OF WORK A. OVERVIEW In conjunction with its HPC, an outside consultant and a both small citizen advisory committee made up of business and property owners and the general public, the desire of the City is to: 1. Conduct a detailed and thoughtful review of specific City Code Sections pertaining to the Heritage Preservation Commission (listed as Exhibit A) and draft an ordinance amendment to clean up code inconsistencies, strengthen the connection between the City Code and the design guidelines, to better define HPC activities, as well as strengthen the connection between HPC activities and the City’s Comprehensive Plan goals and policies. 2. Combine all adopted and draft design guidelines into a single reference document. a. A specific goal of the reference document will tie established design guidelines to the standards set forth in the City Code. b. This will not involve significant alterations of, or additions to, previously adopted guidelines. B. PROFESSIONAL QUALIFICATIONS REQUIRED With an understanding of Heritage Preservation Commission enabling ordinances, and a thorough knowledge of municipal codes and ordinance development, the Consultant or a member of the consulting team shall meet the Secretary of the Interior’s Professional Qualifications Standards (as published in the Federal Register of September 29, 1983). C. BUDGET AND SUPPORT SERVICES This project has been financed in part with funds provided by the Minnesota Historical Society from the Arts and Cultural Heritage Fund and the National Park Service’s Certified Local Government grant program, administered by the State Historic Preservation Office. A total of $26,000 will be available for all consulting services. Stillwater staff, including but not limited to the Community Development Director, City RFP: Stillwater HPC Enabling Ordinance Amendments, Page 5 Attorney, and City Planner will: 1. Lead the demolition review update portion of this project; 2. Serve as the primary point of contact for the consultant, coordinating correspondence between the city staff, the HPC, and members of the community; 3. Staff may also be available to assist with guideline consolidation, if needed; and 4. Administer the grant project. D. FINAL PROJECT DELVERABLES 1. Recommended ordinance revisions in electronic format. 2. Five printed copies of consolidated design guidelines. 3. One electronic copy of the of the consolidated design guidelines in MS Word format or other format, as agreed to by the City of Stillwater. E. PROJECT WORK PLAN AND TIMELINE OF SPECIFIC TASKS The process and timeline will roughly follow the following tentative timeline: 9/30/2019 – 11/1/2019 (Committee Solicitation): Staff will coordinate with the HPC to identify individuals to work with the HPC and the consultant on the enabling ordinance amendment. 9/30/2019 – 11/1/2019 (Procurement Period): Staff will develop a Request for Proposals, soliciting consultant bids on the ordinance amendment. 11/20/2019 (HPC Consultant Selection): Staff will work with the HPC on determining a consultant recommendation to the City Council. 12/3/2019 (City Council Consideration): Consultant contract anticipated to be approved by the City Council. 12/4/2019 – 1/15/2019 (Inventory): HPC, Committee and Consultant review of Stillwater preservation ordinances and design guidelines. Consultant will coordinate with the HPC and staff on at least one public visioning/listening session. 1/16/2019 – 3/2/2019 (Ordinance Drafting): Consultant develop recommendations for ordinance amendments. 3/2/2019 – 4/30/2019 (Ordinance Revision and Guideline Consolidation): HPC, City staff, members of the public, MNHS, and SHPO to review draft ordinances and work with consultant on appropriate amendments. Consultant to draft consolidated guidelines. 4/30/2019 (Final Draft Submittal): The consultant will submit final ordinance draft RFP: Stillwater HPC Enabling Ordinance Amendments, Page 6 and consolidated guidelines to the City. 5/20/2019 (HPC Review and Recommendation): The HPC will review the proposed ordinance amendments and consolidated design guidelines, and make a formal recommendation to the City Council. 5/27/2019 (Planning Commission Review and Recommendation): The Planning Commission will hold a public hearing to review the proposed ordinance amendments and consolidated design guidelines, and make a formal recommendation to the City Council. 6/2/2019 (City Council Consideration): The City Council will hold a public hearing on the 1st reading of the proposed ordinance amendments and associated Resolution(s). 6/15/2019 (City Council Consideration): The City Council will hold a public hearing on the 2nd reading of the proposed ordinance amendments and associated Resolution(s). III. PROPOSAL FORMAT A. PROFESSIONAL QUALIFICATIONS 1. Provide a brief description of the consultant’s capability, history and organization. 2. State the full name and address of your organization, and the branch office or other subordinate element that will perform or assist in performing the work hereunder. Indicate whether it operates as an individual, partnership, or corporation; if as a corporation, include the state in which it is incorporated. If applicable, state whether it is licensed to operate in the State of Minnesota. 3. Identify the executive and professional personnel by skill and qualification that will be employed in the work. Show where these personnel will be physically located during the time they are engaged in the work. Indicate which of these individuals you consider key to the successful completion of the study or project. Identify major responsibilities of individuals and their respective areas of expertise. 4. Identify the name of the person designated as the contact person for this proposal with mailing address, telephone number and e-mail address. If not the contact person, include the name and phone number of person(s) in your organization authorized to negotiate/expedite the proposal contract with the City. 5. Describe how the consultant or organization is in compliance with the Secretary of the Interior’s Professional Qualification Standards for history, architectural RFP: Stillwater HPC Enabling Ordinance Amendments, Page 7 history or historical architecture as published in the Federal Register of September 29, 1983. B. REQUIRED PROPOSAL CONTENTS 1. Develop a Project Work Plan and schedule for the proposal in accordance with the Overview, Timelines of Specific Tasks and Project Deliverables, above. 2. Within the schedule, identify the minimum of three site visit meetings anticipated to occur. Given the partnership, identify the location and purpose of site visit meetings with the City. 3. Identify opportunities for engagement with the City and community including conference calls with city staff. 4. Identify similar projects completed by the consultant or consulting team, including contacts that can be used for reference. C. FEE QUOTATION 1. Submit a fee proposal, which includes your firm’s “not to exceed” fee for the total project. The consultant shall provide a separate cost for each product. The quoted fee shall include estimated reimbursable fees. The quoted fee shall also include sales tax, if applicable, and provide the detail. 2. Signature of authorized firm negotiator/expeditor. D. OPTIONAL INFORMATION Include any other information that may be pertinent, but not specifically asked for elsewhere. IV. RFP PROCESS A. RESPONDERS’ QUESTIONS The Stillwater staff member listed below will be the contact for all inquiries related to this RFP. All questions or requests for information should be sent by email to: Abbi Jo Wittman, City Planner, awittman@ci.stillwater.mn.us All inquiries received by email before 12:00 pm (noon) on October 11, 2019, will receive responses. Responses which involve an interpretation or change to this RFP will be issued by addendum, e-mailed to all parties recorded by Stillwater as having received a copy of this RFP or those who have notified the City of Stillwater of their obtaining of the RFP. All such addenda issued by Stillwater shall be considered part of the RFP. Any addenda will be issued in writing by email by 4:30 PM on October 18, 2019. This is two weeks prior to the proposal submission deadline. Only additional information provided by formal written addenda will be binding. Oral RFP: Stillwater HPC Enabling Ordinance Amendments, Page 8 and other interpretations or clarifications will be without legal effect. B. PROPOSAL SUBMISSION To be considered, each firm must email one complete pdf copy of their proposal. The subject line of the email is to be: “Stillwater HPC Ordinance Update Proposal”. Email the proposal to Abbi Jo Wittman (awittman@ci.stillwater.mn.us). All proposals must be emailed by 12:00 PM, Friday, February 1, 2019. Proposals sent after that time will not be considered. V. PROPOSAL EVALUATION AND SELECTION A. OVERVIEW OF EVALUATION METHODOLOGY The proposal selected for award of the contract will not necessarily be the lowest cost. Rather, the selection will be based upon the proposal that is most responsive, responsible and the most advantageous to the City. The City intends to award a contract, subject to the terms of this RFP, to the consultant that offers the best overall value. Proposals will be evaluated based on past experience and performance, current performance capability, fees and other criteria as outlined in this document. B. EVALUATION CRITERIA Proposals will be evaluated by the City on the following: Qualifications  Consulting experiences with similar types of projects.  Demonstrated understanding of the Scope of Work.  Work experience and educational background of assigned staff members and their direct knowledge/experience specific to the Scope of Work. Proposed Project Work Plan  Overall content and concept. Cost  Overall cost, including reimbursable expenses and the ability to produce the final products within the budget limitations identified in this RFP. Time Schedule  Ability to comply with the proposed time schedule for the project. VI. REQUIRED CONTRACT TERMS AND CONDITIONS A. The City, or members thereof, is/are not liable for any cost incurred by Responders in the preparation and production of a Proposal. Any work performed prior to the issuance of a fully executed contract will be done only to the extent the Responder voluntarily assumes risk of non-payment. RFP: Stillwater HPC Enabling Ordinance Amendments, Page 9 B. All materials produced by the consultant during the course of the project will be owned by the City of Stillwater. C. The contents of this RFP and, by reference, the proposal will become a part of any subsequent formal agreement if a contract ensues. D. All information in a proposal, except fee quotation, is subject to disclosure under the provisions of Minnesota Statute Chapter 13 “Minnesota Government Data Practices Act”. E. The consultant acknowledges that in the hiring of common or skilled labor for the performance of any work on the project that no contractor, material supplier or vendor shall, by reason of race, creed, color, religion, national original, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or ago, discriminate against any person or person who are citizens of the United States, or resident aliens, who are qualified and available to perform the work to which the employment relates. No contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in previous section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, color, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age. F. The consultant agrees any publicity releases, informational brochures, publications, studies, reports, presentations, files, audio visual materials, exhibits, or other material prepared with grant assistance will contain the following acknowledgements: “This project has been financed in part with funds provided by the State of Minnesota from the Arts and Cultural Heritage Fund through the Minnesota Historical Society.” “The activity that is the subject of this publication has been financed in part with Federal funds from the National Park Service, U.S. Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, or disability in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office for Equal Opportunity, U.S. Department of the Interior, National Parks Service, 1849 C RFP: Stillwater HPC Enabling Ordinance Amendments, Page 10 St., NW, Washington, D.C. 20240.” VII. RIGHTS RESERVED Notwithstanding anything to the contrary, the City and members thereof, reserve the right to: A. Reject any and all Proposals received in response to this RFP; B. Disqualify any Responder whose conduct or Proposal fails to conform to the requirements of this RFP; C. Waive any technicalities, informalities, or irregularities in any proposal at its sole option and discretion; D. To request clarification or additional information; E. Have unlimited rights to duplicate all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the Proposal; F. Select for contract or for negotiations a Proposal other than that with the lowest cost; G. Negotiate as to any aspect of the Proposal with any Responder and negotiate with more than one Responder at the same time, including asking for Responders’ “Best and Final” offers as to price, technical provisions, or both; H. To award a contract or to re-solicit proposals; I. Cancel the Request for Proposal at any time and for any reason with no cost or penalty to the City or members thereof. HPC Enabling Ordinance Amendment, Page 11 EXHIBIT A City Code Title Brief Description Section 22-7 Heritage Preservation Commission The original, but modified, HPC enabling ordinance. Addresses HPC functions, site designation, Conservation District review processes, site alterations and preservation programs. Section 31-101 Definitions The definitions found in the Zoning Code. Section 31-209 Design Permit Identifies requirements of a Design Permit, the most commonly utilized form of HPC review. Section 31-214 Sign Permit Identifies requirements of a Sign Permit. Section 31-215 Site Alteration Permit Addresses the purpose of the Site Alteration Permit and states standards for review and approval of activities. Section 31-308 RB – Two Family Residential District A zoning district which encompasses much of the old residential housing stock. It was once consistent with the Neighborhood Conservation District. Section 31-504 Bed and Breakfast Identifies standards for B&Bs and addresses requirements of the HPC. Section 31-509 Sign Regulations Indicates standard requirements for signs, including that of design review and/or design permit. Section 31-515.2 Large Projects in the CBD Zone Applicable to redevelopment of large tracks of land or buildings within the community core. References both a Design Permit and Site Alteration Permit. Chapter 34 Demolition Includes definitions relevant to Zoning. Section 41-7 Seasonal Outdoor Sales References standards for food trucks in the Downtown Design Review district. The City Code utilizes Design Review, Design Review Permit, and Design Permit rather interchangeably. The following Code Sections reference or require a design-based action though it is note determined who conducts what process for review and approval. City Code Title Section 31-303 Lakeshore Residential District Section 31-322 Campus Research Dev. District Section 31-501 Accessory Dwellings Section 31-503 Accessory Structures Section 31-512 Towers Section 31-310 Townhouse Residential District Section 31-311 Cove Townhouse Res. District Section 31-318 Village Commercial District City of Stillwater HPC Ordinance Update Request for Proposals Addendum, Page 1 CITY OF STILLWATER STILLWATER HPC ENABLING ORDINANCE AMENDMENTS REQUEST FOR PROPOSALS ADDENDA October 18, 2019 INQUIRY RESPONSE Timeline The cover page states the proposal is due November 1, 2019, while on page 8 is states proposals are due February 1, 2019. Can you please clarify the due date? The proposal submittal deadline is November 1, 2019. Site Visits The RFP states the schedule should identify a minimum of three site visit meetings. Can you clarify the purpose of the site visit meetings and what role the consultant should play at these meetings? Does the City envision more than three meetings? Who do you anticipate will lead the site visit meetings and public visioning/listening sessions? The site visit meetings are intended to meet with staff, members of the HPC and/or elected officials, as well as the general public to better understand challenges associated with existing code provisions pertaining to the HPC. No specific purpose for the three meetings has been identified. While the City does not envision more than three meetings with appointed/elected officials and/or the general public, meetings with staff may need to occur; this will be at the discretion of the consultant. It is anticipated city staff and/or members of the HPC will lead site visit meetings and visioning/listening sessions. The consultant may be asked to participate in small group dialogue discussions. Under both scenarios, the consulted will be expected to document concerns of the public, appointed/elected officials, and city staff to use as a basis for potential ordinance alterations. Guideline Consolidation The RFP talks about consolidating the guidelines. Can you elaborate on this goal? For example, is the intent to consolidate the guidelines into or outside of the City’s zoning ordinance? What is the review process of the draft consolidated guidelines? Will the document need to be reviewed by MNHS and SHPO? Some guidelines, but not all, are anticipated to be codified. For example, the City’s Neighborhood Conservation District has a design guideline for four-sided architecture on new residences in that district. The HPC may determine this is an appropriate guideline to codify into a community standard, applicable in all design review districts. The bulk of the guideline consolidation, however, will be in a separate document referenced in the City Code. The draft consolidated guidelines, developed as a separate document referenced in the City Code, does not need to be submitted to the State Historic Preservation Office (SHPO) for review; staff may send the document as a courtesy. The Minnesota Historical Society (MNHS) has requested review of draft guidelines to be submitted 30 days prior to final ordinance submission. Community Development Department TO: Mayor & Council Members DATE : December 3, 2019 SUBJECT: Adopting a standard contract for the City to use different companies for abatement. REPORT BY: Graham Tait, City Zoning Administrator INTRODUCTION The City is currently in a Contract for Mowing, Snow and Ice Removal and Clean Up Services with MSP Outdoor Services (MSP) that lasts for a duration of three years. After the last winter season, it was noticed that the contract had a few areas that needed to be changed to better reflect the City’s needs. The City wishes to remain in a contract with MSP, due to our effective working relationship with them. Therefore, the City has created a new contract with MSP that is more comprehensive and touches on the areas left out of the current contract. Such areas of improvement include adding commercial zones (outside of the CBD) into the contract and also adjusting the snowfall removal section to reflect smaller snowfall amounts than previously included in the contract. REQUEST Review and adopt the proposed resolution. Attachments: Agreement For Services Exhibit A - Contract for mowing, snow and ice removal and clean up services A RESOLUTION APPROVING AN AMENDMENT TO THE EXISTING CONTRACT FOR MOWING, SNOW AND ICE REMOVAL AND CLEAN UP SERVICES, 2019-2021 WHEREAS, in 2018 the City entered into a Contract for Services (Res. No. 2018-264) with MSP Outdoor Services to perform mowing, snow and ice removal and cleanup of private properties on an as-needed basis; and WHEREAS, the City has determined that it is necessary to amend the existing contract with MSP Outdoor Services to: include services required in all commercially- and industrially-zoned areas; to allow for the initiation of services after minor but nuisance- causing snow and ice events; and to require notification to the City after services have been performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to amend the existing contract with MSP Outdoor Services in the name of the Amended City of Stillwater for Mowing, Snow and Ice Removal and Clean Up Services, 2019-2021, on file in the office of the City Clerk. Adopted by the City Council of the City of Stillwater this _______ day of ______________, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 3rd day of December, 2019, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and MSP Outdoor Services, 10908 S. Shore Drive, Plymouth, MN 55441 (“Contractor”). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services (“Services”), as defined in the following documents: i. A proposal dated November 19, 2019, incorporated herein as Exhibit 1; (Hereinafter “Exhibits.”) b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the 2 authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. 3 d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY’S REPRESENTATIVE. The City has designated the City Zoning Administrator to act as the City’s representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Bryan Price to be the primary contact for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are 4 caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Graham Tait Or e-mailed: gtait@ci.stillwater.mn.us If to Contractor: MSP Outdoor Services 10908 S. Shore Drive, Plymouth, MN 55441 Attention: Bryan Price 5 Or emailed: bryan@mspoutdoor.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. 6 CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: 7 CONTRACTOR By: Its: Date: EXHIBIT A CONTRACT SCOPE OF WORK MOWING, SNOW AND ICE REMOVAL AND CLEAN UP SERVICES I. OBJECTIVE The purpose of this request is to receive quotes for services related to mowing, snow and ice removal and/or clean up services. II. CONTRACT WORK A. Definitions i. "Acreage" shall mean any property having a total area of 43,560 square feet (1 acre) or greater. ii. "Authorized notice" shall mean a written or verbal notice from either the City of Stillwater Community Development or Police Department to perform specific work at a specific location. iii. "City" shall mean the City of Stillwater, Minnesota. iv. "Cleaning and removal of trash and debris" shall mean any method by which filth, weeds, rubbish, refuse or other matter that might be unhealthy and/or unsightly is removed from any acreage or lot and disposed of as approved by the City and delineated in the City Code and in the specifications for this contract. v. "Contractor" shall mean the person or firm, awarded the Contract by the City. vi. "Lot" shall mean any property having a total area less than 43,560 square feet (1 acre). vii. “Reoccurring Mowing” shall hereby be defined as “subsequent mowing after the initial mowing directed by the City and specifically requested to by the City to be placed on the reoccurring mowing list. Recurring mowing shall be done no earlier than 14 days since the last mowing and no more than 21 days after the last mowing. Reoccurring Mowing shall cease at the time of notification of removal by the City, notification of the property owner mowing shall not occur, and/or upon notice by the Contractor Mowing has occurred on the property.” viii. “Reoccurring Snow and Ice Removal” shall be hereby defined as “subsequent snow and ice removal after the initial Snow and Ice Removal as directed by the City and specifically requested by the City to be place on the reoccurrence list. Reoccurring snow and ice removal shall be conducted no greater than 24 hours after the snow and ice has ceased to be deposited thereon. Reoccurring Snow and Ice Removal shall cease at the time of notification of removal by the City, notification of the property owner snow removal shall not occur, and/or upon notice by the Contractor Snow and Ice Removal has occurred on the property.” ix. "Snow and Ice Removal - Residential" shall hereby be defined as “any method by which snow and ice is removed from any PUBLIC SIDEWALK as approved by the city and delineated in the City Code of Ordinances. x. "Snow Removal – - Commercial" shall mean any method by which snow is removed from a minimum of 8’ of any PUBLIC SIDEWALK in lands zoned Commercial (CA), Campus Research Development (CRD), Business Park – Commercial (BP-C), Business Park – Office (BP-O) and Business Park – Industrial (BP-I), as approved by the city and delineated in the City Code of Ordinances. Please see the August, 2019, Zoning Map, attached as Exhibit A, for reference of these zoned properties. B. Specifications All specifications shall be strictly enforced. Any property which does not meet specifications shall be brought up to specifications at the Contractor's expense upon the notification by the City. No action shall be taken that does not comply with all life, health and safety requirements of the City including, but not limited to, compliance with City Code Chapter 33, Building Code. i. Vacant Lot – Each lot shall be mowed in its entirety in a uniform cut. Mowing shall be completed as near as possible to any tree, wall, fence, pole, sign, or any other structure. Remaining high grass and weeds shall be trimmed to ensure favorable appearance. Proper action shall be taken to clear the property, adjoining streets, sidewalks and public rights-of-way of all grass and weed trimmings. Specific authorization from the City must be obtained to clean and remove trash or debris from a vacant lot. ii. Developed Lot – Each lot shall be mowed as near as possible to any building, tree, wall, fence, pole, sign or any other structure in a uniform cut. Remaining high grass and weeds shall be trimmed to ensure favorable appearance. Proper action shall be taken to clear the property, adjoining streets, sidewalks and public rights-of-way of all grass and weed trimmings. Specific authorization from the City must be obtained to clean and remove trash or debris from a developed lot. iii. Acreage Between One and Twenty Acres – Each parcel shall be mowed in its entirety in a uniform cut. Any remaining high grass and weeds around trees, walls, fences, poles, signs, or any other structure shall be trimmed. Proper action shall be taken to clear the adjoining streets, sidewalks and public rights-of-way of all grass and weed trimmings. Specific authorization from the City must be obtained to clean and remove trash or debris from acreage. Five or more vacant, contiguous lots shall be treated as acreage and billed as such. iv. Acreage Over Twenty Acres – All areas within fifty feet from a curb, public right-of-way, street, sidewalk or adjacent property under different ownership must be mowed in their entirety in a uniform cut. Any agricultural areas or areas used to cultivate crops must be mowed up to the crop. Specific authorization from the City must be obtained to clean and remove trash or debris from acreage. v. Cleaning of Trash and Debris - The Contractor shall remove all trash and debris from the property. Trash and debris may include dirt, rock, boards, railroad ties, furniture, appliances, tires, litter, swimming pool water and any other rejected matter. The Contractor shall also level and/or remove stockpiles or dirt, aggregate or other materials. The Contractor shall seed and mulch, when required by the City, including MN-DOT 240 seed mix @ 100 lbs/acre and Type 1 Mulch with 90% coverage at two tons per acre. Residential debris shall be bagged and placed at the curb in an orderly manner for pick up by Waste Management. Construction material shall be taken to Twin City Refuse & Recycling at 318 West Water Street in St. Paul. Hazardous waste shall be taken to the Washington County’s Environmental Center site at 4039 Cottage Grove Drive in Woodbury. Contact City Staff concerning other situations the Contractor may encounter before proceeding with cleanup. vi. Boarding and Securing of Property - The Contractor install shall install a minimum of 3/8-inch thick plywood over all broken windows, missing doors, and other opening that cannot be secured by other reasonable means. Specific authorization from the City must be obtained to board and secure a property. vii. Securing of Property - The Contractor install shall necessary padlocks, door hardware, etc. to secure doors and other unsecured opening that do not require boarding. Specific authorization from the City must be obtained to secure a property. III. CONTRACT IMPLEMENTATION A. Authorization The Contractor shall be notified by a representative of the City of Stillwater to perform specific work at a particular location. The Contractor shall complete the requested services within two (2) days after receiving authorization. In the event of inclement weather, the Contractor shall notify the City of failure to complete requested services by the third (3rd) day; however, in any case, such work shall be completed within five (5) days after initial authorization. Within 24 hours of work completion, Contractor shall notify the City the requested work has been performed. Failure to notify or finish the work within the timeframes indicated will subject the Contractor to liquidated damages of $15.00 per day, per property, until the work is complete. The City shall pay $25.00 for trips by the Contractor to a site where the Contractor finds abatement has been completed prior to the Contractor arriving at the site if the arrival is within the established timeframes as outlined in Section III(A). In these instances, the Contractor shall provide a single labeled photograph to show the abatement of the violation which shall be provided with the invoice. The invoice shall clearly be labeled as a “Discontinuance Fee” with the property address. B. General Conditions i. For work paid on a per hour basis, the Contractor shall examine the property first to estimate the number of hours needed to complete the job before authorization is given. The City shall not pay for travel time. In the event that more than the original number of hours is necessary to complete the job, the Contractor shall contact the City of representative for approval once the original estimated hours are reached and prior to performing any additional hours. 1. If seed and mulch is required, the Contractor shall indicate this at this time. ii. The Contractor shall obtain and pay for any and all permits, licenses, disposal fees or any other costs required to fulfill this contract. iii. The Contractor must comply with all federal, state and local ordinances. iv. The Contractor shall protect and prevent all damage to wires, cables, structures, fences vehicles, trees, plants and other artifacts. Any damage to public or private property shall be corrected by repair or replacement by the Contractor at his or her own expense to the satisfaction of the Owner or the City. v. In case any action in court is brought against the Owner, or any officer or agent of the Owner, for the failure, omission or neglect of the Contractor to perform any of the covenants, acts, matters or things by this Contract undertaken; or for injury or damage caused by the alleged negligence of the Contractor or his subcontractors or his or her or their agents, or in connection with any claim based on lawful demands of subcontractors, workmen, materialmen or suppliers the Contractor shall indemnify and save harmless the Owner and his or her officers and agents, from all losses, damages, costs, expenses, judgments or decrees arising out of such action. vi. Except as to any supplies or components which the specifications provide need not be new, all supplies and components to be provided under this contract shall be new (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety), of current production and of the most suitable grade for the purpose intended. If at any time during the performance of this contract the Contractor believes that the furnishing of supplies or components which are not new is necessary or desirable, they shall notify the City immediately, in writing, including the reasons therefore and proposing any consideration which will flow to the City if authorization to use supplies or components is granted. vii. In the event the Contractor conducts a trip to a site where the Contractor finds abatement has been completed, within 24 hours the Contractor shall notify the City the work was not performed and that the property is being removed from the Reoccurring Mowing and/or Reoccurring Snow and Ice Removal list. C. Invoicing The Contractor shall take before and after photographs in digital format for validation and return same to the City with EACH invoice of each job assignment. Any invoice submitted without both before and after photos will be returned unpaid. “Before” and “after” photographs must be taken each and every time a property is serviced. Photographs shall meet the following requirements: • A minimum of three “before” and “after” photographs are required per visit. • At least one “before” and one “after” photograph must each identify the address or location of the work site. • The “before” and “after” photographs must clearly validate the work performed. • Photographs shall be a minimum of 3.2 megapixels, 1600 x 2000 resolution (pixels). • Photographs shall be submitted in electronic format and shall be properly labeled as “before” and “after” with the date and time of service identified. Invoices shall reflect separate charges for each category of work performed with no more than one property on any detail sheet. Invoices shall indicate the date(s) of service shall otherwise comply with City purchasing procedures unless waived by the City. Orders will be placed by the City and must be given a Purchase Order Number to be valid. No payments shall be made on invoices not listing a Purchase Order Number. No partial payment will be made. An invoice for work performed shall be submitted within fourteen (14) days following completion of the requirements of the contract to: Community Development Department, Stillwater City Hall, 216 4th St N, Stillwater, MN 55082-4898. Failure to submit an invoice in the time period identified shall result in nonpayment by the City. D. Payment Terms & Conditions i. Service Payment City review, inspection and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials or service. Quotes which call for payment before 30 days from receipt of invoice, or cash discounts given on such payment, will be considered only if in the opinion of the City the review, inspection and processing procedures can be completed as to the specific purchases within the specified time. It is the intention of the City to make payment on completed orders within thirty (30) days of receiving invoicing unless unusual circumstances arise. ii. Fee Schedule Payment shall be made according to the following fee schedule: Item Work Description Unit Cost PART A – MOWING (Mowing, Trimming, Clearing/Disposal of Trimmings) First Mowing 1 Vacant lot $ 185.00 per lot 2 Developed lot $ 145.00 per lot 3 Acreage, 1 to 20 acres $ 215.00 per acre 4 Acreage, over 20 acres – mowing only $ 200.00 per acre Recurring Mowing1 5 Vacant lot $ 65.00 per lot 6 Developed lot $ 50.00 per lot 7 Acreage, 1 to 20 acres $ 150.00 per acre 8 Acreage, over 20 acres – mowing only $ 145.00 per acre PART B – CLEANING OF TRASH AND DEBRIS 9 Cleaning of trash and debris – pick up of all trash and debris including labor, vehicles, equipment and disposal costs $ 70.00 per hour2 10 Seed and mulch, including MN-DOT 240 seed mix @ 100 lbs/acre and Type 1 Mulch with 90% coverage at two tons per acre $ 993.00 per acre3 PART C – SECURING PROPERTY 11 Boarding and securing property – boarding of broken windows, including all labor, vehicles, equipment and supplies $ 100.00 per opening 12 Securing property – locking or otherwise securing unsecured openings, windows or doorways including all labor, vehicles, equipment and supplies $ 100.00 per opening PART D – SNOW REMOVAL 13 Single street residential sidewalk (92 feet by 4 to 5 feet average) .5- to 4-inch snow cover $ 60.00 per event 14 Single street residential sidewalk (92 feet by 4 to 5 feet average) 4- to 8-inch snow cover $ 90.00per event 15 Corner lot residential sidewalk (182 feet by 4 to 5 feet average) .5- to 4-inch snow cover $ 110.00 per event 16 Corner lot residential sidewalk (182 feet by 4 to 5 feet average) -4 to 8-inch snow cover $ 160.00 per event 17 Other residential sidewalk snow removal $ 75.00 per hour2 18 Single street Commercial sidewalk (25 feet by 8 to 10 feet average) 4 .5- to 4-inch snow cover $ 55.00 per event 19 Single street Commercial sidewalk (25 feet by 8 to 10 feet average) 4 4- to 8-inch snow cover $ 75.00 per event 20 Single street Commercial sidewalk (50 feet by 8 to 10 feet average) 4 .5- to 4-inch snow cover $105.00 per event 21 Single street Commercial sidewalk (50 feet by 8 to 10 feet average) 4 4- to 8-inch snow cover $ 150.00 per event 22 Corner lot Commercial sidewalk (182 feet by 8 to 10 feet average) 4 .5- to 4-inch snow cover $ 180.00 per event 23 Corner lot Commercial sidewalk (182 feet by 8 to 10 feet average) 4 4- to 8-inch snow cover $ 270.00 per event 24 Other Commercial sidewalk snow removal $ 75.00 per hour2 1. Reoccurring mowing shall be done no earlier than 14 days after the last mowing and no later than 21 days after the last mowing. 2. Price per hour will be multiplied by the number of workers and equipment needed to complete the job. 3. Price per acre shall be divided by square footage for lots less than one acre in size. 4. Snow shall be removed from primary walking path, with a minimum eight foot (8’) clear area. Snow is preferred to be removed from the site but may be stockpiled in an area no greater than two feet (2’) back from the curb. iii. Sales Tax Bills submitted for taxes above the Fee Schedule price will not be honored. IV. CONTRACT CONDITIONS A. Contract Claus This contract may be superseded only if replaced with a written contract executed by both parties. B. Provisional Clause The City will not enter into any contract where the cost is provisional upon such clauses as are known as “escalator” or “cost-plus” clauses. C. Liability The Contractor and/or the Contractor's employees will assume complete responsibility for any claim of property damage or bodily injury, which may directly or indirectly arise from the employee's performance under the terms of this agreement. The Contractor's employees will hold harmless, release and defend the City from all claims of liability that directly or indirectly arise under the terms of this agreement. The Contractor shall not recover from the City of Stillwater the cost for damaged equipment, including broken blades, punctured tires, or any other damaged equipment, as a result of mowing assignments regardless of the condition of the property. D. Assignment of Contract The successful Contractor may not assign their rights and duties under an award without the written consent of the City of Stillwater City Administrator. Such consent shall not relieve the assignor of liability in event of default by their assignee. E. Default In case of default of the successful Contractor, the City may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. STAFF REQUEST ITEM [ Department: Fire I Date: November 25, 2019 DESCRIPTION OF REQUEST (Briefly outline what the request is) Approve attached proposals from Emergency Response Solutions (ERS) and Jefferson Fire and Safety. ERS submitted a purchase quote for replacement of NFPA compliant Self Contained Breathing Apparatus (SCBA's). This quote is HGAC contract pricing and meets all specifications for purchase. Jefferson Fire and Safety provided the quote for 12 Thermal Imaging Cameras which will be connected directly to the SCBA's for crew safety and fire detection. 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) Funding is available and has been allocated in the Fire Department's CIP to purchase these items for 2019. Total Bid Proposal Price: SCBA's Thermal Imaging Cameras (TIC's) $270,809.64 $ 11,400.00 Total: $ 282,209.64 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: Stuart W. Glaser, Fire Chief Date: November 25, 2019 EMERGENCY RESPONSE S0£U'l'IONS "Response is our Mit/dle Nt1me" MSA G1 4500PSIG SCBA H-GAC PURCHASE QUOTE PREPARED FOR: STILLWATER FIRE DEPARTMENT QUANTITY: DESCRIPTION: UNIT PRICE: TOTAL: 33 33 62 CARRIER HARNESS CONFIGURATION : MSA G1 GLOBAL SCBA FIRE SERVICE EDITION. 2018 NFPA COMPLIANT. 15 YEAR WARRANTY. ATO G 1 FS-442MA2C2LAR 4 -4500 PSIG SYSTEM OPERA TING PRESSURE 4 -CGA QUICK CONNECT REMOTE CONNECTION 2 -STANDARD HARNESS WITH CHEST STRAP M -METAL CYLINDER BAND A -ADJUSTABLE SWIVELING LUMBAR PAD 2-SOLID COVER REGULATOR, LEFT SHOULDER C-CONTINUOUS REGULATOR HOSE 2 -EXTENDAIRE II EMERGENCY BREATHING SUPPORT L -LEFT CHEST VOICE AMP SPEAKER MODULE A-RIGHT SHOULDER PASS W/ STANDARD CONTROL MODULE R-RECHARGEABLE BATTERY TYPE -(1) BATTERY INCLUDED W/ EVERY CARRIER PURCHASED * FACE PIECE AND CYLINDER PURCHASED SEPARATELY BELOW. CARRIER HARNESS 0PTION(S): ADD 3' QUICK FILL HOSE AND POUCH, RIGHT SIDE CYLINDER 0PTION(S): MSA 10175708 G1-4500 PSIG, 45 MIN Low PROFILE SUPER LITE CYLINDER W/ CGA QUICK CONNECT ADAPTER Emergency Response Solutions, LLC 48 17 Viking Blvd. N E Ste 102, East Bethel, MN 55092 Phon e 6 5 1-464-10 10 $5,206.04 $171,799.32 $621.89 $20,522.37 $954.99 $59,209.38 45 2 2 WITH 2 2 6 1 5 EMERGENCY RESPONSE SOLUTIONS "Response is our Middle Name" FACE PIECE: MSA 10161810 G1 GLOBAL FACE PIECE FIRE SERVICE EDITION WI INTERNAL HEADS UP DISPLAY (HUD). 2018 NFPA COMPLIANT. 15 YEAR WARRANTY. ATO G1FP-FM1M*C1 F -FIRE SERVICE EDITION M -MEDIUM SIZE FACE PIECE 1 -HYCAR RUBBER COMPOSITION M -MEDIUM NOSE CUP 4-4 PT ADJUSTABLE KEVLAR HEAD HARNESS C-FLAME AND HEAT RESISTANT CLOTH NECK STRAP 1 -FIXED "PUSH-TO-CONNECT" REGULATOR CONNECTION RIT EQUIPMENT: MSA 10165336 RIT CONVERSION KIT W/ G1 REGULATOR AND RESCUEAIRE II SYSTEM *FACE PIECE AND RIT BAG SOLD SEPARATELY* MSA 10162403 QUICK CONNECTOR w/ SCBA's INC. HE %-FF-S %" M NPT HEX NIPPLE, MNPT X MNPT ADAPTER FOR CONVERTING CURRENT RESCUEAIRE II SYSTEM TO QUICK CONNECT REMOTE CONNECTION WITH MSA 10175710 G1-4500 PSIG, 60 MIN Low PROFILE SUPER LITE CYLINDER W/ CGA QUICK CONNECT ADAPTER TRUE NORTH L-2 RIT BAG w/ SKID PLATE 80TIOM-RED IN COLOR ADDITIONAL EQUIPMENT: MSA 10148741-SP SPARE RECHARGEABLE BATIERY(S) MSA 10158385 KIT, 6-POSITION CHARGING STATION, G1 SCBA MSA 10162403 QUICK CONNECTOR w/ SCBA's INC. HE %-FF-S %" M NPT HEX NIPPLE, MNPT X MNPT ADAPTER FOR FILL STATION Emerge11cy Response Solutio11s, LLC 4817 Viking Blvd . NE Ste I 02 , East Bethel, MN 55092 Ph one 651-464-10 I 0 $285 .09 $12,829.05 $857.11 $1,714.22 $341.02 $682.04 WITH $1,174.08 $2,348.16 *$267.51 $N/C *$263.47 $N/C *$510.21 $N/C $341.02 $1 ,705.10 EMERGENCY RESPONSE SO£U'l'IONS ALL MEMBERS ALL MEMBERS "Response is our Middle Name" TRAINING: IN-SERVICE SCBA TRAINING WILL BE PROVIDED BY A $N/C FACTORY TRAINED INSTRUCTOR IN A CLASSROOM SETIING DURING A TIME AGREED UPON BY THE FIRE DEPARTMENT. THIS INCLUDES A CUSTOMIZED POWER POINT PRESENTATION, AS WELL AS INDIVIDUAL HANDS-ON TRAINING UNTIL EVERY MEMBER IS COMPETENT ON THE COMPLETE USE OF THE SCBA. HANDS-ON TRAINING WILL INCLUDE , BUT IS NOT LIMITED TO : -EQUIPMENT FUNCTION AND OPERATION -DONNING AND DOFFING OF EQUIPMENT -CLEANING AND DECONTAMINATION OF EQUIPMENT -INSPECTION AND FUNCTIONAL TESTING OF EQUIPMENT -WARRANTY INFORMATION AND REPAIR/REPLACEMENT PROCEDURES A CUSTOMIZED POWER POINT FILE WILL BE PROVIDED TO THE DEPARTMENT FOR FUTURE REVIEW AS NEEDED AT $N/C . FIT TESTING: INITIAL QUANTITATIVE FACE PIECE FIT TESTING (WITH $N/C PRINTED REPORT) SHALL BE PROVIDED AT $N/C AND WILL INCLUDE VARIOUS SIZES OF FACE PIECE ASSEMBLIES TO INSURE PROPER FIT FOR ALL MEMBERS PRIOR TO THE IN- SERVICE AND USE OF ALL SCBA EQUIPMENT. $N/C FREIGHT AND DELIVERY $N/C PURCHASE TOTAL: EMERGENCY RESPONSE SOLUTION'S RETURN POLICY: *ALL RETURNS ARE SUBJECT TO EMERGENCY RESPONSE SOLUTIONS' RETURN POLICY -SPECIAL ORDER ITEMS CAN NOT BE CANCELLED OR RETURNED Date of Quotation: November 21st, 2019 Quote Expires in 30 Days We appreciate the opportunity to earn your Business! Emergency Response Solutions, LLC 4817 Viking Blvd. NE Ste 102 , East Bethel , MN 55092 Phone 65 1-464-10 I 0 $N/C $N/C $N/C $270,809.64 P"IRE a. !!!iiiA.'FETV TRADITION OF INNOVATION QUOTE DETAILS Quote#: 1 CUSTOMER DETAILS Stillwater Fire Department PURCHASE ORDER Tom B ORDER DETAILS QTY. 12 U/M Each ITEM# FU 73701-0101 FUR K2 THERMAL IMAGING CAMERA KIT Date: Nov 25th, 2019 Billing Address: 216 N. 4th St ., N Stillwater, MN 55082 SHIPPING OPTION UPS Dropship No Quote PDF Jefferson Fire & Safety, Inc 7620 Donna Drive, Middleton, WI 53562 1-800-697-3473 www.jeffersonfire.com Sales Rep: Tim Gerrits 800-697-3473 tim@jeffersonfire .com CUSTOMER ADDRESS Vendor Part # SUBTOTAL: TAX: TOTAL: Shipping Address: 216 N. 4th St., N Stillwater, MN 55082 SHIPPING INSTRUCTION TAX 0 UNIT PRICE $950 TOTAL $11400 $11,400.00 $ 0.00 $11,400.00 PLANNING REPORT TO: Mayor & Council Members CASE NO. 2019-58 REPORT DATE: November 25, 2019 MEETING DATE: December 3, 2019 APPLICANT: Paul Loomis, representing Chesterton Academy LANDOWNER: Wild River Office Park, LLC REQUEST: 1) ZAT allowing schools by Conditional Use Permit in the BP-I Zoning District 2) Conditional Use Permit for a High School at 1835 Northwestern Ave LOCATION: 1835 Northwestern Avenue ZONING: BP-I, Business Park - Industrial REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION Chesterton Academy, a Catholic High School with its west campus in Hopkins and its east campus in St Paul, was opened 11 years ago. But, due to lease issues, a different location will be needed for the east campus beginning with the 2020-21 academic year. The vacant office building at 1835 Northwestern Avenue has been identified as their preferred new location. The property is zoned BP-I, Business Park – Industrial. And though schools are allowed in the BP-O Zoning District across the street (see map of neighborhood zoning on next page), schools are not allowed in the BP-I Zoning District. Therefore, Chesterton Academy is requesting that the City amend its Zoning Code to allow schools by Conditional Use Permit (CUP) in the BP-I District. They are concurrently asking for a CUP in the case that the City were to approve the requested Zoning Code amendment. SPECIFIC REQUEST 1) Approve 1st reading of an Ordinance amending the Zoning Code to allow schools by Conditional Use Permit in the BP-I Zoning District; and 2) Conceptually approve a Conditional Use Permit for a school at 1835 Northwestern Avenue. Case 2019-58 Page 2 ANALYSIS I. Zoning Code Amendment The Zoning Chapter of the City Code (Ch 31-205(g)) makes allowance for amendments, if those amendments are consistent with the Comprehensive Plan and if they further the general community welfare. Goal 1 of the Land Use Chapter of the 2040 Comprehensive Plan is to “maintain a healthy balance in land uses between residential, commercial, research & business park, industrial, and park/open space.” Changing the allowed uses in the industrial zoning district to non-industrial uses generally works against this goal. Currently only 52.8 acres, or 0.9% of the City’s land area, has industrial uses on it. An interesting note is that 105.5 acres are zoned BP-I, but only half that acreage is currently put to industrial uses. Changes like the one requested would allow one more non-industrial use in the district. Neighborhood Zoning Reducing the number of non-industrial uses on industrially zoned property could be limited in this case if conditions were attached to the amendment. For example, the City could decide to allow schools only if their size and/or enrollment were limited. So, if there is City Council support for this amendment, then an 8,000 square foot floor area maximum could be set for a school, and an enrollment cap of 200 could be established1. This would allow Chesterton Academy without opening the door to larger schools that would occupy larger amounts of industrially zoned property. 1 This number may be less if the Building Official finds that the buildings maximum occupancy is less than 200. Case 2019-58 Page 3 On the other hand, it could be argued that the amount of industrially zoned land in the City is excessive, since there has been so little demand for land to locate industrial uses on over the last several decades. So, the Council could decide to support the request and allow schools on industrially zoned property. However, following this strategy would continue the trend that blurs the distinction between the BP-I and the BP-O Zoning Districts. If the Council finds the school use at 1835 Northwestern Avenue to be satisfactory, then the better approach would be to acknowledge the actual uses in the immediate neighborhood and rezone the properties seen in the map below to BP-O. This would also require a minor Comprehensive Plan amendment. Every one of the identified properties have uses that are more consistent with the BP-O Zoning District than the BP-I Zoning District. BP-O uses in Neighborhood 2040 Future Land Use Map Case 2019-58 Page 4 II. Conditional Use Permit Hopeful that the City Council would approve their request to amend the Zoning Code, Chesterton Academy concurrently applied for a conditional use permit. If the Council does not support the Zoning Code amendment, then this section of the planning report can be disregarded. General information Chesterton Academy was established in 2008 by parents looking for another Catholic High School choice. The subject property has 7,200 square feet of office space. It would be converted to a school use, which would require only minimal modifications including removal of several non-load bearing interior office walls and a fire suppression system. Enrollment for the 2020-21 academic year is expected to be 40-50 students with two full time teachers, five part time teachers and nine to ten staff members. By year five the enrollment is projected to reach 100 students. The maximum number of students allowed in one of their schools by the Chesterton Academy Network is 200. When the school would reach full enrollment is not known2. But, the Hopkins campus is in its 11th year and has 150 students. At full enrollment three to four more teachers would be needed. The Chesterton Academy transportation model is for parents or family members to car pool students to and from school. Generally, students from the same neighborhoods, geographic areas or travel routes are pooled and parents or family members would ideally rotate driving responsibilities. Students at the St Paul campus are currently car pooled from St Paul, West St Paul, Western Wisconsin, Stillwater, Woodbury, and many other locations. This model would be used at the Stillwater campus as well. Vehicles would circulate through the parking lot and drop their students off directly at the front door by about 7:45 am and pick them up at about 3:00 pm. School officials note that the car pooling model results in an average of more than two students per vehicle. So, the 50 students expected in the first year or two would result in no more than 25 vehicle drop-offs/pick-ups. In a standard High School setting evening activities can generate the greatest parking demand and impact upon a neighborhood. However, Chesterton Academy has limited after school activities and no athletic events on the campus. Another potential disruption to neighborhoods is students coming and going throughout the day. But, Chesterton Academy has a strict closed campus model. High School students do not leave for lunch. The daily schedule is included in the attached materials. Review standards Sec 31-207(d) of the City Code establishes guidelines for reviewing requests for Conditional Use Permits. They are: (1) The proposed structure or use conforms to the requirements and the intent of the zoning ordinance, the comprehensive plan, relevant area plans and other lawful regulations. Zoning Code and Comprehensive Plan 2 Full enrollment will actually be the lesser of: a) the Chesterton Academy Network maximum of 200, and b) the maximum building occupancy as calculated by Stillwater’s Building Official. Remodeling plans and plans to convert the space from an office to a school occupancy have not been submitted to the Stillwater Building Official yet. That will occur after a CUP is issued. Case 2019-58 Page 5 As noted above, the proposed use does not conform to the requirements of the zoning ordinance or the intent of the Comprehensive Plan. Therefore, an amendment to the Zoning Code was requested. If the amendment is approve, or if the property is rezoned to BP-O, then the school would conform. Signage The school plans to use the existing permitted freestanding sign on the property, see photo at right, but will re-face it. The new faces and any other exterior signage will require a sign permit from the Community Development Department prior to installation. (2) Any additional conditions necessary for the public interest have been imposed. Parking The parking requirements for schools that are found in the Zoning Code are intended for more standard public High School models. When applied to Chesterton Academy the result is shown in the table below. Parking requirement as specified in Zoning Code Enrollment 1 space/4 students 3 spaces/classroom3 Total 50 12.5 12 24.5 200 50 24 74 The parking lot on the property has 35 spaces. So, the zoning code requirements for traditional High Schools would be met for the first several years. As enrollment increases, however, the traditional requirements would no longer be met. But, the Chesterton Academy model is quite different from the parking demands of a standard public High School. For example, only rarely do students drive to Chesterton Academy. Only two of the 30 students on the east campus currently 3 The first two years while enrollment is around 50, there would be four classrooms and they would all be on the ground level. As enrollment increases as many as four more classrooms would be added on the second level. Case 2019-58 Page 6 drive. And, the after school activity schedule is dramatically different than in a standard public High School. If we determine the parking need based upon actual experience for the Chesterton Academy model, then the 35 spaces in the lot would be sufficient to handle the routine daily needs of the school even if enrollment reaches 200 students. This can be seen in the table below. Actual Parking Demand experienced by current Chesterton Academy campuses Enrollment 1/staff member 1/teacher FTE Students Visitors Total Spaces 50 9 4.5 2 4 19.5 200 10 8.5 8 8 34.5 In order for the current parking lot to serve the needs of 200 students, the number of students allowed to drive will have to continue to be strictly limited by the school administration. This would need to be a condition of approval for the use permit. But what about parking needs for evening activities? After school activities can generate a large demand for parking in a standard High School setting. Fortunately, the only after school activities foreseen on this campus would be two student dances, three open houses (currently 5-10 families attend these on the east campus), and two evenings with parent-teacher conferences. The parent- teacher conferences are done by appointment and spread out over the course of four to five hours. So, parking should easily be accommodated in the parking lot. Traffic circulation As mentioned above, car pooled students will be dropped off and picked up at the school’s front door. Vehicles will enter the south side of the parking lot and circulate one way through the lot. Drop-offs would occur by about 7:45 am and pick-ups at about 3:00 pm. Drop- off will not likely be an issue, since the lot can handle a queue of about 13 vehicles. But, pick- up will almost certainly create a queue of waiting vehicles that will stretch onto the northbound lane of Northwestern Avenue. School entrance marked with red arrow As mentioned above, it is estimated that the total number of cars that would drop students off would be about 20 to 25 during the first several years. This means 7 to 12 cars may have to queue onto Northwestern Avenue. Staff recommends that this queueing occur in the parking lane south of the school entrance on the east side of the road. Signage should be installed here that would prohibit parking, but allow school queueing. Fortunately, the street is wide enough to allow for this. (3) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Case 2019-58 Page 7 Activities that might be expected to be potential nuisances have been addressed above. POSSIBLE ACTIONS The City Council has the following options: A. Approve the 1st reading of the Ordinance amendment and conceptually approve the Conditional Use Permit with the following conditions (the Resolution approving the Conditional Use Permit would appear on the next Council agenda together with the 2nd reading of the Ordinance): 1. The Conditional Use Permit shall only become valid after the requisite ordinance amendment becomes effective. 2. The school’s maximum building occupancy will be established by the City’s Building Official when a building permit is submitted for the necessary remodeling. 3. Student parking shall be limited so that normal daily activities do not generate a parking need larger than the on-site parking lot can satisfy. 4. Any vehicle queueing for dropping students off or picking them up must occur in the parking lane south of the school entrance on the east side of Northwestern Avenue. Signage must be installed that would prohibit parking, but allow school queueing in this lane. 5. Any exterior signage, or re-facing of the existing freestanding sign, requires a sign permit from the Community Development Department prior to installation. 6. Plans shall be substantially similar to those found on file with CPC Case No. 2019-58. 7. Unless trash is kept inside until trash collection days, a trash storage enclosure must be built. It must be completely enclosed with building materials compatible with the principle structure. And, its location must be approved prior to construction by the City Planner. 8. All minor modifications to the plans shall be approved in advance by the City Planner. All major modifications shall be approved in advance by the Planning Commission. B. Deny the Ordinance amendment request. With a denial, findings of fact supporting the decision must be provided. C. Table the request for additional information. FINDINGS AND RECOMMENDATION The Planning Commission hearing and recommendation will be made on Wednesday evening the 27th of November. But, this planning report must be distributed with the Council agenda packet on the afternoon of the 27th. Therefore, the Planning Commission recommendation is not included here, but will be made available at the Council meeting. City staff finds that the continued conversion of industrially zoned property to non-industrial uses is poor practice and inconsistent with the land use guiding for the property established in the Comprehensive Plan. If the City Council finds the proposed High School to be an acceptable use at 1835 Northwestern Avenue, then a better practice would be to amend the future land use map of the Comprehensive Plan and rezone the property and surrounding properties to BP-O. Therefore, staff recommends denial of the request. Attachments: Ordinance Application materials Copy: Paul Loomis bt ORDINANCE NO._________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ZONING CODE TO ALLOW SCHOOLS BY CONDITIONAL USE PERMIT IN THE BP-I ZONING DISTRICT The City Council of Stillwater does ordain: SECTION 1. AMENDMENT. City of Stillwater City Code Sec 31-325, Allowable uses in the non-residential districts, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-O BP-I CRD PA PWFD PROS Institutional Educational institutions, schools SCUP CUP P SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this _________ day of ____________, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk CHE STERTON ACADEMY A JO YF ULL '{ C.A .. THC LiC, CLASSiCl1 .. L HiGH :CHOOL Inspired by Saint Pope John Paul I I , we take as our motto Cultura Vitae , the culture of life . We make i t our mission to prepare our students to triumph over the challenges of our culture and to accept our Lo r d 's offer to have life and have it abundantly . Our classical curriculum combines a broad , liberal arts education with a strong emphasis on the development of Christian virtues and an appreciation of beauty . Through our Three Pillars Model , we form our students in : • Intellect • Character • Spirituality Chesterton Academy is named for the great English writer and Catholic convert , G.K. Chesterton (1874 -1936). Chesterton is a model for our school because he exemplified the Catholic faith through a life fi lled with joy , wonder , and gratitude . Chesterton was considered one of the world 's most outstanding men of letters in the early 20th century . An accomplished essayist , novelist , and poet , he wr ote a hundred books on all different subjects . He was later eulogized by Pope Pius XI as "a gifted defender of the faith ,n and there is presently a popular movement to have h i m canonized . We look to G .K. Chesterton as the p r eeminent model for the New Evangelization : an articulate defender of the faith with charity for all , and life permeated by an enduring sense of joy , wonder , and gratitude . Chesterton Academy was established i n 2008 by parents who sought an i ntegrated high school education , a school faithful to the Magiste r ium of the Catholic Church , and Pro -Family (See Attachment #4). Our unique classical , integrated curriculum ties together the arts and sciences , philosophy , math , logic , great literature , faith and reason . At Chesterton Academy , we develop our students into complete thinkers , and work to raise up a new generation of joyful leaders and saints by inspiring and encouraging the establishment of an affordable Catholic High School . The mission of the school is to effectively teach Catho lic education , evangelization , and the socia l teaching of the Church . We view education as an effective and essential tool for evangelization , one that has the potential to transform lives and sanctify entire families . Our school is an incorporated , non -profit entity that operates with these mandatory criteria : • Catholic Identity. All faculty , staff , and Board members take an Oath of Fidelity to the Magisterium . Daily mass is required for all students . • Pro-Life. Tuition must be affordable for families of average means . • Family Centered. Families are actively involved in volunteering and fund raising . • Rigorous. With the Chesterton Academy curriculum , we uphold academically rigorous standards and prov ide strong college preparation . Chesterton Academy is committed to helping build up vibrant , joyful communities , where students and families can experience the joy of learning and grow in holiness together , so , they can , in turn , share that love and joy with the rest of the community . Chesterton Academy of the St . Croix Valley (CASCV) will be located at 1835 Northwestern Avenue , Stillwater , MN 55082 (See Attachment #3). A lea se has been obtained for this location which offers a 7 ,200 sq . ft . office building . The building will require minimal modifications to accommodate for classrooms to meet the needs of our students and staff . Several non -load bearing interior walls will be removed to create the appropriate sized classrooms for grades 9 -12 (See Attachment #1 ). Thi s location will meet the needs for our 40 -50 students for the 2020 -2021 school year . Our projections show a growth to 100 students by year 5 . Our membership in the Chesterton Academy Network allows for a maximum of 200 students at any time . The students of CASCV are currently car pooled to and from our current location at 2119 Stillwater Avenue E ., St . Paul , MN 55119 by parents and family members . Parents and family members from Western Wisconsin , St . Paul , Woodbury , and many other locations will be transporting their high school student to and from our new location in Stillwater . Families from these areas will not only be spending time in the Stillwater area , but will also be dependent on many of the businesses in the area (g as stations , restaurants , retail stores , etc .). The area surr ounding this location is comp r ised of mainly office and professional buildings that allow for large meeting areas within those buildings . Across the street is an athletic club that has hundreds of people gathering for classes and that are coming and going throughout th e day . Wi th a closed campus , CASCV will compliment this area of t he city . Our st udent s will enjoy the large , well lit building that also contains a patio and green space in t he rear of the building (See Attachment #2) One of the many requirements of our st ude nts is to be good stewards of the commun ity and volunteer throughout the entire year within that community. Many volunteer hours wi l l be spe nt at St . Mary 's Cat holic Church located at 423 5th Street in Stillwater . Other community out rea ch o pp ortun ities will include work ing wit h retirement communities , Sti llwater Knight s o f Columbus , and many other organization s wi thin the s urrounding area . Our students will show a jo yful , positive ima ge n ot just within the walls of our scho ol , but throughout the e n tire community. Our s tudents receive a n affordable , joyful , classic education . The Chesterton Academy curriculum has a proven record of deve l oping thoughtful , well-educated students . Our overall ACT score for the past five years is 26 .1 as compared to the natio nal average at 21 .0 and the Minnesota average at 21 .5 . Th i s education along with a strong college preparation provides for many oppo rtunities for our students after high school . Chesterton Academy of the St . Croix Valley is committed to h e lping build up a vibrant , joyf ul commun ity in Sti llwater where st udents and familie s can experience the joy of learning and grow in holiness together . -< " m :o ~·~ ~~ WO '< a, i:) -< a, 0 m a, o m lo 0 a, 2l h 0 s: Attachment #1 Storage 9'6" X 12'9" Office 10'4"x 11 ·5· Office 10'4"x 11'8" Office 21' X 13' Second Fl oor . Office 13'5" X 13'5" Office 13'5"x 11'5" Office 13'5"x11 '7" Office 15'x 13' Main Floo r Hallway 22'6" X 16' Op en To Below Foyer 31 '3"x 18' Office 10'6" X 11'8" Office 13'5"x 13' Office 12'x 13' Office 13'5" X 11 '7" Office 13'5" X 11 '6" Office 13'5"x 11 '8" Office 13' X 12' t;ie,Vv'\,C, r;;_ ri':,~ J;j /,ve,,...f{S Attachment #2 1835 Northwestern Avenue, Stillwater, MN Exterior Front View Exterior Front Parking Exterior Back View Exterior Back Open Area Interior Front Entra nce Interior l51 Floor Interior 2 nd Floor Interior 2 nd Floor Interior 2 nd Floor Interior Room Interior Room Attachment #4 We are named for the great English writer & convert to the Catholic faith G.K. Chesterton (1 874- 1936) ~~ ~ D fl Inspired by Pope Saint John Paul II, our motto is Cultura Vitae "THE CULTURE OF LIFE" We aim to develop articulate, clear-thinking, well-rounded, and joyful human beings High School with a Higher Purpose • Daily Mass • Affordable tuition $7,620 for 2019-20, T U IT I ON A SS IST ANC I:: AVJ\I LABL F • Integrated, classical curriculum • Broad exposure to different disciplines • Faculty takes Oath of Fidel ity to the Magisterium • Strong college prep • Wide range of sports and extra-curricular activities Established in 2008 b y parents who sought an: • Integrated high school education • Faithful to the Magisterium • Pro-Family Chesterton Academy embraces the intellectual, character, and spiritual formation of each student. SPIRITUAL FORMATION I Man is made for more CHARACTER FORMATION I Forming habits of virtue INTELLECTUAL FORMATION I Learning what the good is • • • • • Daily Mass Chaplain on staff Four years of theology, learning the truths of the Catholic Church Opportunity for confession, retreats, adoration, spiritual direction Parent retreats throughout the year • • • Character and leadership formation happens through our house system Upperclassman are elected as Prefects to promote community and a life of charity and virtue The Houses of Chesterton Academy are named for four Doctors of the Church AMBROS[ AUGU.STI N F II ATH/\NATIUS CHRYSOSTOM • The Faith is the backbone of our curriculum • All subjects are taught through the lens of the Catholic Faith • Faith and reason do not contradict each other ·,,,., LANG UAGE ··, .. , •... ,,,'·,., .. HISTORY ................... ·, ·,,. FINE ARTS SCIENCE ./ .... ..... ··"'.,. .. •·· THE CATHOLIC FAITH ,... ...•..... /,./ .... /' / , .......... ·· LITERATURE PHllOSOPHY "'"' MAT H T HEOLOGY • The Humanities • Theology • Philosophy • Literature • History • Language • Math & Science • Fine Arts • Art • Music • Drama ',,., LANG UAGE ." H IST ORY ,, ··,.," ~. FlNE ARTS .... SCIENCE _ ......• / __ ., ... / .. , ... ·· THE CATHOLIC FAITH // ·' ........ ··· .•. ··•· LITERATU R E. PHI LOSOPHY ·· ... ,, ... ," ........... /..... MATH T HEOLOGY Our Curriculum Music -Four years of choir, music history, music listening and basic music theory. Art -Four years of studio art and art history Drama -Three years of drama starting sophomore year. ( Comedy, Drama, Shakespeare) We experience God through the Arts Experiencing true Beauty leads us to experience God more fully because by appreciating His creation, and we are thankful. • • • T h e Arts co unter t h e u gliness a nd d epression of t h e world and in spire h ope. Givi ng stud e n ts t h e tools to create good art makes them become active p articipan ts in m aking the world m ore beaut ifu l. A tool for evangeli zati o n . All t h e arts h ave a sacramenta l qu a li ty to them -we a re u sin g tan g ible "things" to attempt to touch the eterna l. Good Art is mostly about Beauty: • Appreciating Beauty -the arts bypass the brain and go directly to the heart. • • Reflecting or Communicating Beauty -A mirror to creation Creating Beauty -participating in creating new & beautiful things/ ideas. Beauty is the universal language The Am are visible, tangible, touch the emotions without necessarily going through the intellect. Our Daily Schedule 8:00am 1st Period 8:50am Mass 9:40am 2nd Period 10:30am 3rd Period 11 :20am 4th Period 12:10am Lunch 12:40pm 5th Period 1 :30pm 5th Period 2:20pm 7th Period 3:05pm Dismissal Thanking God for Early Vocations • Alumni called to religious life, Holy Matrimony, lives of service • • Multiple students annually enroll . . . in minor seminary Sister Squad & Band of Brothers APPENDIX We are a Religious Association Chesterton Academy is a safe and healthy environment dedicated to educating young persons to think critically, act wisely, and contribute to society. As part of our religious mission, we educate students in the Catholic faith, teaching them to reject the modern fallacy that faith and reason contradict each other and to understand their complimentary nature. As a Catholic high school we embrace the responsibility of instilling personal, community, and religious values. We also take seriously the importance of emulating these values to the surrounding community at large. Chesterton Academy is a religious association that will benefit the immediate geographic area on Northwestern Avenue through various activities, including gatherings, service-related initiatives, and ministerial outreach. It is our aim to be front and center with our ministry. First, we will employ a chapel inside the building for daily Masses for students, teachers, and parents. This also entails opportunities for local Catholic business professionals in the vicinity who may wish to attend. We also intend on hosting periodic theological courses and seminars off hours for adult groups. The Association further looks to integrate the student’s involvement in the immediate neighborhood to explore volunteer opportunities. The locale is wonderfully suited to our participation in benefitting the immediate area in conjunction with the already existing assemblies. Surrounded by non-profit organizations on either side of the building, we would become part of a larger community of service and make our own contribution in a unique way: providing daily faith-based experiences otherwise not available in the area. Chesterton Academy is highly impressed by the number of associations and assemblies in the general geographic area. For example: 1. Family Means - 1875 Northwestern Ave, Stillwater, MN 55082 - Located adjacent to the South of 1835 Northwestern Ave. - Multi service, nonprofit that was founded in 1963 - Allows outside groups and organizations to meet and gather - This location is the headquarters for Family Means 2. Courage Kenny Rehabilitation Institute - 1460 Curve Crest Blvd W, Stillwater, MN, 55082 - Located 940 ft from 1835 Northwestern Ave. - Offers opportunities for individuals with disabilities to socialize and participate in activities - Physical fitness and life enrichment programs are offered - Scholarships and fee adjustments are available to individuals 3. Valley Outreach - 1911 Curve Crest Blvd, Stillwater, MN 55082 - The only nonprofit in the area that provides people with a wide range of support - Services include: food shelf, clothing program and client support - Located 1050 feet from 1835 Northwestern Ave. 4. Valley Dental Arts - 1745 Northwestern Ave, Stillwater, MN 55082 - Located 345 feet from 1835 Northwestern Ave. - Provides aesthetics dentistry since 1974 - Valley Dental Art’s Amara Institute offers classes and lectures throughout the year at this location 5. Office Building – 1815 Northwestern Ave, Stillwater, MN 55082 - Located adjacent to the North of 1835 Northwestern Ave. - Office building with no industrial operations - Tenants include: Ahola, Mack and Associates and James Honsvall CPA - Empty space is listed as office space by several real estate companies As a religious association, we are excited to join ranks with these associations and to work in tandem with them for the community at large. TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Shawn Sande$irector of Public Works November 21, 2019 Request to Vacate Drainage Easement-8483 Marylane Avenue North. DISCUSSION The City has received a petition from Mark and Marlene Pavlick, owners of the property at 8483 Marylane Avenue North. The request of the petition is to vacate an existing drainage easement across their property at the aforementioned address. This easement was established as part of a 1970's subdivision called Rivard Addition, and runs across petitioners property of Lot 1 Block 1. The twenty foot easement serves as an overland storm water conveyance from the drainage area west of the current property to a series of downstream wetlands. As development occurred to the west, it was apparent that the conveyance of any stormwater runoff water was not confined to the easement and in fact lead to flooding and standing water outside of the existing drainage easement. In 2018, a city led project installed a storm sewer pipe that diverted the runoff water away from the existing easement to an easement between Lot 1 and Lot 2. Because of this project, no storm water from outside the property of 8483 Marylane Avenue North drains to the easement in question and the purpose of the drainage easement no longer exists. · · Procedures for easement vacations are set by Minnesota Statute, where upon a petition is received, public notification is published, a public hearing held, if approved notice to the County Auditor. RECOMMENDATION Staff recommends that council conduct the public hearing and approve the vacation of the drainage easement. ACTION REQUIRED If Council concurs with the recommendation, they pass Resolution No, 2019-__ A RESOLUTION VACATING A PUBLIC DRAINAGE LOCATED WITIN THE CITY OF STILLWATER, MINNE SOT A. RESOLUTION NO. 2019- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING A PUBLIC DRAINAGE EASEMENT LOCATED WITHIN THE CITY OF STILLWATER, MINNESOTA WHEREAS, pursuant to Minn. Stat. § 412.851, on petition of the landowners, with a majority vote of its members, the City Council may vacate any street, alley, public grounds, public way or any part thereof within the City by Resolution; and WHEREAS, Mark and Marlene Pavlick ("Landowners") petitioned to vacate the public drainage easement over property at 8483 Marylane Avenue North, Stillwater, Minnesota, which is legally described on the attached Exhibit A; and WHEREAS, a notice of a public hearing on said vacation was duly published, posted and mailed in accordance with applicable Minnesota Statutes and a public hearing was held on said vacation at the City of Stillwater, 216 Fourth Street North, Stillwater, Minnesota; and WHEREAS, the City Council of Stillwater then proceeded to hear all persons interested in said vacation and all persons interested were afforded an opportunity to present their views and objections to the granting of said vacation; and WHEREAS, the City Council of Stillwater has determined that the vacation would be in the public interest. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater: 1. That the City of Stillwater, pursuant to Minn. Stat. § 412.851, hereby vacates the public drainage easement situated in the City of Stillwater, County of Washington, State of Minnesota, legally described on the attached Exhibit A. 2. That said vacation has no relationship to the City's Comprehensive Plan and therefore the Stillwater City Council has dispensed with the requirements of Minn. Stat. § 462 .356 , Subd. 2, that may require the Stillwater Planning Commission to perform a Comprehensive Plan compliance review of said vacation that may constitute a disposal of real property pursuant to § 462.356, Subd. 2. 3. That the City Clerk shall prepare a notice to be presented to the Washington County Auditor reflecting the completion of the proceedings herein. 1 Adopted this ___ day of _____ , 20 City Clerk 2 EXHIBIT A LEGAL DESCRIPTION OF PUBLIC DRAINAGE EASEMENT TO BE VACATED That part of the drainage easement dedicated within the recorded plat of RIV ARD ADDITION, Washington County, Minnesota, lying 10 feet on either side of a centerline described as follows: Commencing at the southeast comer of Lot 1, Block 1 said RIVARD ADDITION; thence north 130.0 feet along the east property line to the point of beginning of said centerline line to be described; thence South 85 degrees 37 minutes 31 seconds West, a distance of 270.04 feet, more or less, to a point located on the west property line located I 00.0 feet north of the southwest comer of said Lot 1 and there terminating. Except those parts lying within the West 10 feet and the East 10 feet of said Lot 1. A-1 Shawn Sanders From: Sent: To: Subject: Centurylink Customer <thepavs@q.com> Wednesday, November 06, 2019 5:39 PM Shawn Sanders Vacation of Easement We Mark and Marlene Pavlick, owners of the property at 8483 Marylane Ave. N. Stillwater, MN, are requesting that the City of Stillwater vacate the 20 foot drainage easement which crosses our property. The city has since made improvements for drainage issues. This easement no longer serves any purpose to our property, the public, or the City of Stillwater. Thank you for your consideration on this issue. Mark and Marlene Pavlick ;AIOW l u; r-- -- 1 RIVARD ADDJTION t.: .• J I J , 1 1. r ,. GRAPHIC SCALE 1 lnc h Equa Is 100 Feet Bearings Ass urned Irons lndjcated Thus: a utility Easements Indicated Thus: ----K i'".U '¥Y,..~ f,¥/<tl,.,tg ---- -':--'6r4='°'---- 2 3 one blocr' .«....__ -- ··1~' I ( -.•... ~I -. I ,.. -~. -.. ,~.a2 _ ... r I I --_ i-JG&i-LiN » Jahl» W M .ARYLANE AVE. NO,RTH PLANNING REPORT TO: City Council CASE NO.: 2019-61 REPORT DATE: November 26, 2019 MEETING DATE: December 3, 2019 APPLICANT: Dennis J. Kilbane LANDOWNER: DCK Enterprises WI LLC REQUEST: Approval of certain pre-existing encroachments associated with the structure located at 401 Main Street South ZONING: CBD, Central Business District REPORT BY: Abbi Jo Wittman, City Planner REVIEWED BY: Shawn Sanders, City Engineer INTRODUCTION Since 2012 Dennis Kilbane of DCK Enterprises WI LLC has owned the structure at 401 Main Street South, formerly operating as the Stillwater Farm Store. Washington County Assessor’s Office notes the structure was constructed in 1946 prior to the adoption of the City’s modern zoning code regulations. A recent survey of the property shows portions of the structure located on public right-of-way. The property owner has been trying to sell the subject property. However, challenges exist because of the existing City of Stillwater and MNDOT right-of-way encroachments as well as a land area exception from the subject property. These factors have been a contributing factor to private property owner sales not being finalized. 401 Main St. S Page 2 SPECIFIC REQUEST Mr. Kilbane has requested the City’s acceptance of the following encroachments in the Nelson Street right-of-way a portion of a concrete stoop at the Northwest entrance to the structure, and three (3), 7’ awning overhangs, an AC condenser, and two (2), 5’ wide, elevate concrete stoops with metal stairs all extending from the north façade. City staff is requesting consideration of an alternative parking design to convert eight (8) head-in parking stalls to five (5) parallel spaces. ANALYSIS The City’s acknowledgement of the preexisting encroachments will not free up the title issues the property has. These items are being worked through MNDOT’s right-of-way division. However, the Council should determine whether or not the City would like to enter into an Encroachment Agreement with the landowner, acknowledging the improvements in the right-of- way allowing the owner to continue to maintain them under certain conditions. The Encroachment Agreement would acknowledge the private improvements on public land, require the property owner to be responsible for the improvement, maintaining and repairing them at their own cost, allows the City to request removal of the improvements if such time as the City needs to use the right-of-way in this location, and indemnifies the City for the private improvements. In review of the request, City staff notes that the sidewalk in the area does not provide a continuous off-street pedestrian pathway. The sidewalk adjacent to the north side of this property ends approximately 50’ from the southeast edge of the intersection of Nelson and South Main Streets; one parallel, 15-minute parking space is located adjacent to the sidewalk. The sidewalk resumes approximately 13’ from the eastern edge of the property. The disconnected area contains eight, 15’ head-in parking stalls. Two spaces are marked with 30-minute parking, two spaces are marked with three-hour parking, and four spaces are not marked. The building is currently unoccupied. This, in conjunction with the adjacent property owner’s request, is what has brought up the question of whether or not the City should consider a redesign of the public improvements in this location. At their November 21 regular meeting, the Downtown Parking Commission reviewed staff’s (associated) request for the future redesign of the pedestrian and vehicular amenities in the area as, if approved, a loss of public parking spaces will occur. POSSIBLE ACTIONS The City Council has the following options regarding the Encroachment Agreement Request: A. Conceptually approve an Encroachment Agreement with DCK Enterprises WI LLC, directing staff to bring the matter back for formal acceptance after the agreement has been executed. 401 Main St. S Page 3 B. Determine the Council would not like to enter into an Encroachment Agreement with DCK Enterprises WI LLC. C. Table the request for additional information. The Council should determine whether they are favorable to the future redesign of the Nelson Street right-of-way parking improvements and sidewalk installation. If the Council is favorable, city staff will work with the existing and/or future property owner(s) on the appropriate timing of the project. RECOMMENDATION Staff recommends the Council conceptually approve an Encroachment Agreement with DCK Enterprises WI LLC for a portion of a concrete stoop at the Northwest entrance to the structure, and three (3), 7’ awning overhangs, an AC condenser, and two (2), 5’ wide, elevate concrete stoops with metal stairs all extending from the north façade and direct staff to bring an executed agreement back for formal Council consideration. Attachments: Site Location Map Narrative Request Certificate of Survey Existing Parking Stall Layout Potential Parking Stall Layout Encroachment Agreement Template cc: Dennis J. Kilbane Stillwater Planning Department Cindy Shilts Abbi Jo Whittman to whom it may concern Subject Request for Conditional Use Permit Property located at 401 Main Street Sin the name ofDCK Enterprises Wi W LLC agent Dennis J Kilbane. There have four surveys on this property 1933,60,98 and June 6 2019. Using modem instruments errors in the past have been found. Five corners of the building are off by .05 inches or Iess,with one, the entrance off by 3.5 feet onto city property.Please review exhibit Das highlighted.The property had been surveyed in 1933,60,98,with the last in June of 2019. Using modem equipment all comers have had errors of less than .05 inches with the N. W. comer ,the buildings entrance off on City property by 3.5 feet. In 1998 exhibits A&B relate to a Overhang Exception approval dated June,8, 199S.The overhang extends across the entire front of the building and approximately 10 feet on the south and N.W sides. EXHIBITS:A&B Overhang C,Latest Survey D,Articles of Organization ofDCK Enterprises Wi LLC,Legal Description Small print on Survey and exhibit C. At this time there will be no change ofuse of the property. All city inspector's check list will be corrected before property is put in use again. Respectfully Yours Dennis J. Kilbane SOUTH N E L S O N S T R E E T MAIN STREETS OUTH BROADWAY STREET204 305 423 437 402 425 324 322 207 525 428 430 438 301 435 103 413 445 441 437 317 229 419 321 401 214 243236 232 302 223 308 507 233 227 310 224 312 239 1250502 219 µ 0 160 32080Feet General Site Location Site Location Map ^ Subject Property NELSON STREETWATERSTREETSOUTH MAIN STREETTRUNK HIGHWAY NO. 363I'33&ONTA&T-RH WLGPHU ¬AJHQWMHWUR EDVW &RPPHUFLDO RHDO EVWDWH6 &HOO63 OIILFH-WSUR9-W&ERTI)I&ATE O)SUR9EY&OUNTY&ITYRE9ISIONS3RO-E&T LO&ATIONLAN' SUR9EYING IN&.&ORNERSTONESXLWH  NRUWKZHVWHUQ AYH.SWLOOZDWHU MN 3KRQH 6..6GDQ#FVVXUYH\.QHW'ATERE9ISION3RO-E&T NO.)ILE NAMEMAIN STREET S.&ITY O) STILLWATERWASHINGTON&OUNTY6ISSUE'&ERTI)I&ATIONI KHUHE\ FHUWLI\ WKDW WKLV SODQ ZDV SUHSDUHG E\PH RU XQGHU P\ GLUHFW VXSHUYLVLRQ DQG WKDW I DPD GXO\ LLFHQVHG LDQG SXUYH\RU XQGHU WKH ODZV RIWKH VWDWH RI MLQQHVRWD.'DQLHO L. 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OF- ( » 1 AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON [Insert Property Address] IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA THIS AGREEMENT (Agreement) is made, entered into and effective this _____ day of _______, 2019, by and among the City of Stillwater, a Minnesota municipal corporation (City) and and , [husband and wife] [a single person] [a Minnesota corporation, LLC] (Landowner). Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS 1.1 Terms. The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.2 City. “City” means the City of Stillwater, a Minnesota municipal corporation. 1.3 Landowner. “Landowner” means _______________, husband and wife, and their successors and assigns in interest with respect to the Subject Lot. OR Landowner. “Landowner” means _______________, a single person, and his/her successors and assigns in interest with respect to the Subject Lot. OR 2 Landowner. “Landowner” means ______________, a Minnesota corporation and its assigns and successors in interest with respect to the Subject Lot. OR Landowner. “Landowner” means ______________, a Minnesota limited liability company and its assigns and successors in interest with respect to the Subject Lot. 1.4 Responsible Owner. Responsible Owner means, jointly and severally, each and all of the following: The fee title owners of [insert legal description]. 1.5 Encroachment Property. “Encroachment Property” means the following real property located in the City of Stillwater, Washington County, Minnesota: [insert legal description] 1.6 City Easement. City Easement means the following easement: [insert legal description] OR City Property. City Property means the following real property: [insert legal description] 1.7 Landowner Improvements. “Landowner Improvements” means Landowner’s ___________________. 1.8 City Easement Improvements. “City Improvements” means __________________ within the City Easement. OR City Property Improvements. “City Improvements” means __________________ within the City Property. 1.9 Construction Plan. “Construction Plan” means the grading plan dated ________________________, prepared by____________, relating to Landowner Improvements. The Construction Plan is on file with the City. 1.10 Utility Costs. “Utility Costs” means all costs incurred by the City, (whether performed by the City or its agents or contractors), for the inspection of and access to and repair, maintenance and replacement of the City’s Easement Improvements located in the City Easement and the placement of additional City Easement Improvements in the City Easement. Utility Costs, include, without limitation: excavation costs, labor costs, costs of removing fill, costs of re-burying the City Easement Improvements, re-compacting the soils over the City Easement Improvements, restoring the City Easement area, and all engineering and attorneys’ fees incurred in connection therewith. Utility Costs also include the costs of temporarily removing the Landowner 3 Improvements and subsequently replacing the Landowner Improvements in the City Easement, if such costs have not already been paid by the Responsible Owner. 1.11 Pre-Encroachment Costs. “Pre-Encroachment Costs” means a reasonable estimate by the City of the costs the City would have incurred for Utility Costs if the Landowner Improvements did not exist. 1.12 Cost Differential. “Cost Differential” means the difference between the Pre- Encroachment Costs and the Utility Costs in light of the existence of the Landowner Improvements. The City’s determination of the amount of the Cost Differential shall be binding on the Responsible Owner. The City’s determination shall be appropriately supported by cost estimates obtained from independent contractors or engineers. ARTICLE 2 RECITALS Recital No. 1. Landowner owns the Encroachment Property. Recital No. 2. The Encroachment Property is being developed with [improved with] __________________. Recital No. 3. The City Easement is within the Encroachment Property. [OR The City Property abuts the Encroachment Property.] Recital No. 4 Landowner will be conveying the Encroachment Property to the Responsible Owner. Recital No. 5. Landowner wants to locate the Landowner Improvements within the City Easement [ OR on the City Property]. Recital No. 6. Subject to the terms of this Agreement, the City is willing to allow the Landowner Improvements to be placed within the City Easement [OR on the City Property] if the following conditions are met: (a) The Responsible Owner maintains the Landowner Improvements. (b) The Responsible Owner agrees to pay the City any Cost Differential relating to inspections, access, repair, maintenance and replacement of City Easement Improvements and the placement of any additional City Easement Improvements in the City Easement. (c) The Responsible Owner agrees to temporarily remove the Landowner Improvements in the event the City has need to access the area where the Landowner Improvements exist in order for the City to inspect, repair, maintain, and replace the City Easement Improvements or construct additional City Easement Improvements in the City Easement. 4 Recital No. 8. Because Landowner currently owns all the Encroachment Property, Landowner is currently the only Responsible Owner. ARTICLE 3 AGREEMENTS 3.1 Construction And Maintenance Of Landowner Improvements. Under the terms and conditions stated herein, Landowner, at its own cost, is hereby authorized by the City to make the Landowner Improvements in the City Easement. The Landowner Improvements shall only be placed at the locations specified in the Construction Plan. The Landowner Improvements must be constructed according to the Construction Plan. Landowner and the Responsible Owner shall not place any other structures, retaining walls, irrigation systems, buildings, fences, landscaping, trees or shrubs in the City Easement, except for the Landowner Improvements. After construction, the Responsible Owner, at its own expense, shall maintain and repair the Landowner Improvements. 3.2 City Not Responsible For Landowner Improvements. Nothing contained herein shall be deemed an assumption by the City of any responsibility for construction, maintenance, replacement or repair of the Landowner Improvements. 3.3 Continuing Right To City Easement. Nothing contained herein shall be deemed a waiver or abandonment or transfer of the right, title and interest that the City holds to the City Easement. 3.4 Subordinate Position Of Landowner Improvements. The Landowner Improvements are subordinate to the rights of the City in the City Easement and in the City Easement Improvements. 3.5 Risk Of Loss. Landowner and the Responsible Owner understand and agree that the Landowner Improvements within the City Easement may be adversely affected by damage caused to Landowner Improvements arising out of the City’s use of the City Easement. The parties agree that the City is not responsible for such events; the City shall have no liability to Landowner or the Responsible Owner for such events. Landowner and the Responsible Owner assume the risk of installing the Landowner Improvements in an area where the City Easement Improvements exist. 3.6 Landowner To Bear Cost Of Relocating Landowner Improvements. The City is responsible for the repair and maintenance of the City Easement Improvements in the City Easement. The City may require the Responsible Owner at the expense of the Responsible Owner to temporarily remove and subsequently replace the Landowner Improvements in the City 5 Easement in order for the City to gain access to the City Easement Improvements for the purpose of inspecting, repairing, maintaining, or replacing the City Improvements or adding future City Easement Improvements. If the Responsible Owner does not perform such tasks, the City may perform such tasks and in such case the Responsible Owner shall reimburse the City for the City’s costs and expenses. Prior to commencing such tasks, the City shall send a notice to the Responsible Owner and allow the Responsible Owner twenty (20) days from the date of the written notice to perform the tasks. If the Responsible Owner has not completed the work within the twenty (20) days, then the City may proceed to perform the tasks. Once the City’s costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Responsible Owner. The Responsible Owner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility billings within the City. The charges shall be divided equally among the Encroachment Property. 3.7 Emergency. Notwithstanding the requirements contained in Sections 3.6 relating to a twenty (20) day written notice to the Responsible Owner to perform its obligations under Sections 3.6, the City shall not be required to give such notice if the City’s engineer determines that an emergency exists. In such instance, the City, without giving notice to the Responsible Owner may perform the work and in such case the Responsible Owner shall reimburse the City for the costs and expenses relating to the work. Once the City’s costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Responsible Owner. The Responsible Owner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility bills within the City. The charges shall be divided equally among the Encroachment Property. 3.8 Cost Deferential. If a Cost Deferential occurs relating to the access to or inspection, maintenance, repair or replacement of the City Easement Improvements or relating to construction of new City Easement Improvements in the future, then the Responsible Owner shall pay the Cost Deferential to the City. The Responsible Owner must make payment for the Cost Deferential within 30 days after the City has sent a written invoice for the Cost Deferential to the Responsible Owner. 3.9 Remedies. If the Responsible Owner fails to perform its obligations under this Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of the following non-exclusive remedies: (a) The City may specifically enforce this Agreement. 6 (b) If Responsible Owner fails to make payments under Section 3.6, 3.7 or 3.8, then the City may certify to Washington County the amounts due as payable with the real estate taxes for the Encroachment Property in the next calendar year; such certifications may be made under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility bills. The charges shall be evenly allocated among the Encroachment Property. The Responsible Owner waives any and all procedural and substantive objections to the imposition of such usual and customary charges on the Encroachment Property. Further, as an alternate means of collection, if the written billing is not paid by the Responsible Owner, the City, without notice and without hearing, may specially assess the Encroachment Property for the costs and expenses incurred by the City. The Responsible Owner hereby waives any and all procedural and substantive objections to special assessments for the costs including, but not limited to, notice and hearing requirements and any claims that the charges or special assessments exceed the benefit to the Encroachment Property. The Responsible Owner waives any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The Responsible Owner acknowledges that the benefit from the performance of tasks by the City equals or exceeds the amount of the charges and assessments for the costs that are being imposed hereunder upon the Encroachment Property. No remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 3.10 Indemnification. The Responsible Owner shall indemnify, defend and hold the City, its council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to any of the following: (a) The Landowner Improvements; (b) Installation and maintenance of the Landowners Improvements; (c) Failure by the Responsible Owner to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement; and (d) Use of the City Easement for Landowner Improvements. 7 3.11 City Duties. Nothing contained in this Agreement shall be considered an affirmative duty upon the City to perform the Responsible Owner’s obligations contained in Article 3 if the Responsible Owner does not perform such obligations. 3.12 No Third Party Recourse. Third parties shall have no recourse against the City under this Agreement. 3.13 Recording. The Responsible Owner shall record this Agreement with the Washington County Recorder against the Encroachment Property and within 30 days after the date of this Agreement, the Responsible Owner shall present evidence to the City that this Agreement has been recorded. 3.14 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Encroachment Property and shall be binding upon the heirs, successors, administrators and assigns of the parties. The obligations of the Responsible Owner contained in this Agreement are joint and several. 3.15 Amendment And Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 3.16 Governing Law. This Agreement shall be governed by and construed in accord with the laws of the State of Minnesota. 3.17 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 3.18 Headings. The subject headings of the sections this Agreement are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. [The remainder of this page has been intentionally left blank.] 8 IN WITNESS WHEREOF, the parties have executed this Agreement the year and day first set forth above. 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, personally appeared Ted Kozlowski and Beth Wolf, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. ________________________________________ Notary Public 9 LANDOWNER Signature Name Signature Name STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this ____ day of ________________________, 2019, before me a Notary Public within and for said County, personally appeared _____________ and _____________, [husband and wife] [a single person], to me personally known. ________________________________________ Notary Public This Instrument Was Drafted By And After Recording Return To: Korine L. Land LeVander, Gillen & Miller, P.A. 633 South Concord Street Suite 400 South St. Paul, MN 55075 (651) 451-1831 TO: Mayor and City Council Members FROM: Beth Wolf, City Clerk DATE: November 27, 2019 RE: Stillater Relay for Life Event The American Cancer Society has made application to host the Stillwater Relay for Life Event in Lowell Park. In previous years, it occurred at the middle school and high school. The Event would begin on Frday, August 7th at 6 pm and continues through the night to 9 am on Saturday, August 8, 2020. Cancer doesn’t sleep so neither do the participants. The event is proposed to include merchandise and food vendors, a DJ or live band playing from 6:30 pm to 10 pm and team participant 10x10 tents to rest under when not walking the lighted path on the lower levee walkway. They will not have any alcohol at the event. The event will use parking lot 4 for participants to load/unload and for the food vendors. The walking route would go from Mulberry Point to the bridge then loop back around. If the organizer can get permission from MnDOT, they would like to include part of the bridge in their walking route. The Parks & Recreation Commission reviewed the event and recommended approval. The Downtown Parking Commission reviewed and approved the use of parking lot 4 for the event. The Organizer is working with staff on a plan B for high water. If Plan B requires any other public parking spaces it will be brought back the commission for review. The event will incur fees for renting amenities in Lowell Park, event base fee, rental of barricades, trash receptacles, portapotties and use of parking lot 4. Fees will be charged according to the 2019 Fee Schedule. The Organizer must provide all insurance, coordinate with City staff and pay for City services and materials. ACTION REQUIRED: Upon satisfactory review of application, Council should pass a motion approving the 2020 Relay for Life event. Office Use Only  Event Date/Time:            Set up:     Date ____________________________ Time  __________ to __________  Date ____________________________ Time  __________ to __________  Date ____________________________ Time  __________ to __________ Incomplete applications or applications received after deadline will not be  accepted.  See Event Instructions for application deadline and fees.   Description of Event (please be specific ‐ this information will be used to promote the event on the City of Stillwater website):  Primary Contact/Applicant Name:  Phone: Refer media or citizens inquires to:  Phone Number:  Sponsoring Organization Name: Actual Event:    Clean up:     (If in Lowell Park please specify north or south Lowell park) Applicant Information (Person/Group Responsible)  City, State, Zip Code: Date Application Received  ________________   Date of Application: _____________________________  Website Address:  Name of contact person during event: Cell Phone:  Alternate contact during event: Cell Phone: Type:      Event      Special Event      Event w/ Contract  Location (Address) of Event:  Estimated Attendance (participants and spectators):  Event Information   Title/Name of Event (Events after 10:00 p.m. require a variance from City Council)  Mailing Address:   EVENTS PERMIT APPLICATION 216 North 4 th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810  Cell Phone: Fax:  Email Address: 10/11/2019 Relay For Life of Stillwater August 7, 2020 Noon 6pm August 7-8, 2020 6pm 9am August 8, 2020 9am Noon Lowell Park North The Relay For Life of Stillwater is the 26th annual fundraising event for the American Cancer Society. At Relay For Life we celebrate the lives of survivors, remember those who we have lost to cancer, and fight back against a disease that takes too much from too many people. Cancer doesn't sleep, so neither do we. Relay is an overnight event to parallel the physical effects, emotion, and mental state of a cancer patient while undergoing treatment. Relay is a moving, inspriring, and life changing event that brings together a community to fight back against cancer. 300 American Cancer Society 950 Blue Gentian Rd Ste 100 Eagan, MN, 55121 Elizabeth Rohrer 651-255-8142 651-255-8133 elizabeth.rohrer@cancer.org www.relayforlife.org/stillwatermn Elizabeth Rohrer 623-256-8949 Lois Conn 612-210-9948 Elizabeth Rohrer 651-255-8142  Site Plan:   No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes  Will merchandise/food items be sold?  Will sound amplification be used? Insurance certificate from rental vendor is required Event Features How many                                          vendors expected: Fees for electricity may   apply see Instructions What type:Fees for electricity may   apply see Instructions Hours and Type:  Will there be any inflatables?  Will a stage or tent(s) be set up?  Will there be entertainment?  Will any signs/banners be put up Number and size:  Will cooking operations be conducted? A site plan is mandatory for all events.  Please provide a map of the site layout.  Include any tables, stages, tents,  fencing, portable restrooms, vendor booths, trash containers, etc.  If event involves a parade, race or walk,  please attach a route map highlighting route.  Include rest stop stations, crossings, signage and indicate route  direction with arrows. Contact Washington County Health Department, 651‐430‐6655 Dimensions:  Will food be prepared on site?    Will there be temporary fencing? Contact Stillwater Fire Department, 351‐4950 No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes Fees may apply   see InstructionsNumber needed: Number needed:Fees may apply   see Instructions  Will event need barricade(s)?  Will extra picnic tables be needed?  Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available  Will alcohol be sold?  Describe power needs and location of power source. City Sidewalks or Trails     City Services   (After reviewing the event application, City services may be requried for the event.)    Will event use, close or block any of the following:  If yes specify location on site map. Public Parking Lots or Spaces     Start/End Time:Date: Start/End Time:Date: Start/End Time:Date:  Will there be a fireworks display?Permit required, contact Stillwater Fire Department, 651‐351‐4950 City Streets or Right‐of‐way      See Alcohol Regulations in the Instructions  Will alcohol be served but not sold?See Alcohol Regulations in the Instructions 30 10x10 tents for teams. 2 8'x30' Canopy Tents. 16'x16' stage. 10 We will need power for the stage where the band and DJ will be. We will also need power for lights inside the silent auction and survivor tent. Our Relay volunteers will "Paint the town Purple" with signs and flyers. We also work with the St. Paul Pioneer Press and the Lowdown to have articles about the event as it approaches. We also advertise on our social media pages. 20 10'x3' banners DJ for announcements and band DJ and band. From 6pm to 10:30pm 6pm to 9am August 7-8 No Yes No Yes No Yes No Yes Number needed: No Yes No Yes Number needed: Number needed: Fees may apply   see Instructions Fees may apply   see Instructions  Will event need traffic control?  Will event need EMS services?Contact Lakeview EMS, 651‐430‐4621  Will extra trash receptacles be needed?  If using private secruity, list Security Company and Contact Information:  Will event need security?If event is overnight, security will be required.  Describe trash removal and cleanup plan during and after event: Contact Stillwater Police Department for assistance, 651‐351‐4900  Describe crowd control procedure to ensure the safety of participants and spectators:  Will "No Parking Signs" be needed?Fees may apply see Instructions   Show location(s) on site map  Will portable restrooms be needed?  Signature of Applicant or Authorized Agent Date The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to  persons or property, all expenses and other liability that may result from this activity.  Depending on the size of and scope of the event a  "Certificate of Insurance" may be required.  If insurance is required, the policy must be kept in force during the event of at least the  statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to  name the City as an additional insured on their policy "as their interest may appear."  As the sponsor or authorized representative, I certify  that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the  information provided in this application.  I realize my submittal of this application request constitutes a contract between myself and the  City of Stillwater and is a release of Liability.  List any other pertinent information:  Describe the emergency action plan if severe weather should arise:  Describe plans to provide first aid, if needed: We will have trash receptacles and recycling bins around the park. We will have a truck with a trailer to bring the trash bags wherever they need to go to be disposed of. There will be a main stage area with chairs for people to enjoy the music. There will also be a "track" lined with luminaria bags, paper bags with cancer survivor, people who have passed from cancer, and caregivers. This "track" will guide participants and spectators down towards the lift bridge, then across the bridge, and then they will turn around and go back towards the main stage. Teams will set up campsites along the track where they will have a team fundraiser and camp there for the night portion of the event We will have general first aid materials for a minor injury, as well as incident forms. If a major injury occurs, we will call EMS. If severe weather arises we will tell participants to take shelter in restrooms or other buildings that provide shelter. This is the first event I have planned at Lowell Park, so I may not have provided all the answers. Please email me or call me so I can better explain or provide clarity. 10 Track with luminaria bags and 10x10 campsites (approx. 25 campsites) for teams to have a team fundraiser and camp overnight Cancer won’t win. 1.800.227.2345 RelayForLife.org/StillwaterMN ©2019 American Cancer Society, Inc. No. 013278 Relay For Life of Stillwater August 4-5, 2020 6:00pm to 9:00am Lowell Park 201 Water St N, Stillwater, MN 55082 Fighting cancer takes many things like research, free rides to chemo and lodging near hospitals, and our 24/helpline. But we can’t do any of that without you. Join Relay For Life, the largest, most inspiring, and supportive cancer fundraising event on the planet. Help attack cancer in our community. 2020 Truth-in-TaxationBudget MeetingDecember 3, 2019J. Thomas McCartyCity Administrator2020 Truth-in-TaxationBudget MeetingDecember 3, 2019J. Thomas McCartyCity AdministratorCITY OF STILLWATERCITY OF STILLWATER 2020 Budget2020 BudgetThe City of Stillwater provides a wide array of services for the community including:Public Safety – Police, Fire and EMSBuilding Inspections/Permits, PlanningStreet Maintenance, EngineeringAdministration, Elections, Human Resources, Information TechnologyFinance/AccountingSt Croix Valley Recreation Center and Lily Lake Ice ArenaPublic LibraryParks, Community BeautificationSanitary Sewer & Storm SewerSigns & LightingParkingInfrastructure, Capital Improvements Significant 2020 Budget ImpactsSignificant 2020 Budget ImpactsTotal proposed 2020 budget of over $17 millionProposed property tax increase of 6.7% over 20196.5 % (average) increase in market value from 2019 to 2020 for residential properties9.5% increase in total (City) taxable value4% decrease in Health Insurance3% contractual increase in wagesAdditional Positions:Account Specialist (.75 FTE)Police Officer (1 FTE)Admin Assistant/Scanner (.5 LTE)Park & Rec Manager (1 FTE)Environmental Tech (1 FTE)Capital Outlay Bond Issuance2020 Capital Purchases - $2,486,4502020 Street Project- $400,000 2020 Proposed Operating Revenues*2020 Proposed Operating Revenues*Property Taxes62%Franchise Fees3%Lodging Tax1%Licenses/Permits4%Intergovernmental9%Charges for Services18%Fines & Forfeits1%Miscellaneous2%Revenue Type AmountProperty Taxes $10,587,577Franchise Fees $480,000Lodging Tax $200,000Licenses/Permits $652,305Intergovernmental $1,480,558Charges for Services $3,125,120Fines & Forfeits $83,500Miscellaneous $356,870Total Operating Revenues$16,965,930* Includes General Fund and budgeted Special Revenue Funds. Excludes Bond Proceeds. 2020 Proposed Operating Expenditures*2020 Proposed Operating Expenditures*Expenditure Type AmountGeneral Government $4,406,138Public Safety $6,502,516Public Works $1,682,672Culture & Recreation $4,448,712Total Operating Expenditures$17,040,038General Government26%Public Safety38%Public Works10%Culture & Recreation26%* Includes General Fund and budgeted Special Revenue Funds. Excludes Capital Outlay and Debt Service contribution.Public Safety:General Government:Police, FireMayor & City CouncilBuilding InspectionsElections, MISEmergency Management Finance, Lodging TaxPublic Works:Administration, HREngineeringCulture & Recreation:City AttorneyStreetsSpecial EventsPlant/City HallWACO RecyclingLibrary, ParksCommunity DevelopmentCommunity BeautificationUnallocated Consulting FeesOperating BudgetDepartment Purpose Requested Proposed RecommendedMayor/Council Lobbyist $25,000 $25,000 $25,000Mayor/Council Strat Plan Facilitator/Brand $10,000 $10,000 $10,000Mayor/Council Economic Development $10,000 $10,000 $10,000Administration PD Organizational Review $40,000 $20,000 $0Administration IT Organizational/Software Review $0 $0 $15,000Community Development Comp Plan Ordinance Amendments $25,000 $15,000 $15,000Community Development Rec Center Master Plan $25,000 $25,000 $25,000Community Development HPC Matching Funds $5,000 $5,000 $5,000Engineering Prairie Park Plan $20,000 $10,000 $10,000MIS Enterprise‐wide software analysis $15,000 $0 $0TOTALS $175,000 $120,000 $115,000 New/Modified PositionsRequested/Proposed Department Position FTE Requested Proposed RecommendedMIS GIS/IT Technician 1.0 $76,879 $34,601 $0Finance Accountant 1.0 $83,646 $59,929 (.75 FTE)               $59,929Inspections Admin Assistant/Scanner 1.0 $28,741 $14,371 (.50 LTE) $14,371Police Police Officer 1.0 $104,511 $104,511 (Start 4/1)          $104,511Police Police Officer 1.0 $104,511 $0 $0Police Police Officer 1.0 $104,511 $0 $0Police Police Officer 1.0 $104,511 $0 $0Fire Data Specialist 0.25 $17,912 $0 $0Fire Firefighter 1.0 $87,604 $0 $0Parks Maintenance Worker II 1.0 $54,726 $0 $0Parks Park & Rec Manager 1.0 $80,032 $80,032 (Start 4/1)            $80,032Storm Sewer Environmental Tech 1.0 $60,213 $60,213 (Start 4/1)            $60,213TOTALS 11.25 $907,797 $353,657 $319,056LEVY IMPACT $847,584 $293,444 $258,843 Property Tax LevyProposed 2020 vs Adopted (Actual) 2019 with trend dataProperty Tax LevyProposed 2020 vs Adopted (Actual) 2019 with trend dataCITY-WIDE LEVY2019Adopted2020Proposed$ Increase/Decrease% Increase/DecreaseGeneral Operating Tax Levy$9,914,425$10,587,577 $673,152 6.788%Debt Service Tax Levy$3,773,801$4,022,126 $248,325 6.580%Totals$13,688,226$14,609,703 $921,477 6.732%$0$2,000,000$4,000,000$6,000,000$8,000,000$10,000,000$12,000,000$14,000,000$16,000,0002011 2012 2013 2014 2015 2016 2017 2018 2019 2020*General Operating Tax LevyDebt Service Tax Levy* Proposed City Property Tax RatesLast 9 Years and Estimated 2020*City Property Tax RatesLast 9 Years and Estimated 2020*0%10%20%30%40%50%60%70%2010 2011 2012 2013 2014 2015 2016 2017 2018 2019*Year Rate2011 52.539%2012 54.674%2013 61.503%2014 58.216%2015 54.916%2016 56.996%2017 56.927%2018 53.421%2019 53.665%2020* 52.750% LGA and General Property Tax Levy* TrendLGA and General Property Tax Levy* Trend$0$2,000,000$4,000,000$6,000,000$8,000,000$10,000,000$12,000,0002011 2012 2013 2014 2015 2016 2017 2018 2019 2020LGALevy*The Levy presented in this slide does NOT include the Debt Service Levy Property Tax RateProposed 2020ItemActual Pay 2019Proposed Payable 2019% ChangeProperty Tax Levy $13,688,226 $14,609,703 6.7%Fiscal Disparity Portion of Levy‐$1,354,022 $1,482,654 9.5%City’s Portion of Levy=$12,334,204 $13,127,049 6.4%City’s Taxable Tax Capacity÷22,983,822 24,885,334 8.3%City Tax Rate=53.665% 52.750% ‐1.7%Formula: Total City Property Tax Levy City’s Taxable Tax Capacity = City Tax RateThe following assumptions are based on data (which are estimates at this time) provided by Washington County:Assumptions8.3% increasein the City’s Taxable Tax Capacity.9.5% increase in the Fiscal Disparity Portion of Levy. Tax ImpactProposed 2020Tax ImpactProposed 2020Actual Payable 2019 Proposed Payable 2020 From 2019 to 2020MarketValueTaxCapacityActualCity TaxRateCityProperty TaxTaxableMarketValueTaxCapacityProposedCity TaxRateCityProperty Tax $ Change % Change272,100* 2,593 53.664% $1,391.53 289,800 2,786 52.750% $1,469.62 $78.095.6%93,900 651 53.664% $349.36 100,000 718 52.750% $378.75 $29.39 8.4%140,800 1,162 53.664% $623.58 150,000 1,263 52.750% $666.23 $42.65 6.8%234,700 2,186 53.664% $1,173.11 250,000 2,353 52.750% $1,241.21 $68.10 5.8%375,600 3,722 53.664% $1,997.40 400,000 3,988 52.750% $2,103.68 $106.285.3%Assumptions6.5% increase in Market Value in Residential Properties from 2019 to 2020Information is based on Residential Homestead PropertiesMarket Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature.*Median value home in Stillwater.Data based on information provided by Washington County Where Does Your Property Tax Dollar Go?How the City spends each dollar it receives from the tax levyPublic Safety33¢General Government22¢Debt Service21¢Culture & Recreation15¢Public Works9¢Public Safety:Police, FireBuilding InspectionsEmergency ManagementGeneral Government:Mayor & City CouncilElections, MISFinanceAdministration, HRCity AttorneyPlant/City HallCommunity DevelopmentUnallocatedCulture & Recreation:Special EventsLibrary, ParksCommunity BeautificationPublic Works:Engineering, Streets City of Stillwater Estimated Property Tax Allocation – All Taxing JurisdictionsCity of Stillwater Estimated Property Tax Allocation – All Taxing JurisdictionsCity of Stillwater, 44.82%Washington County, 21.57%Stillwater School District, 26.84%Other Taxing Districts, 6.77%Other Taxing Districts include:Met CouncilMet Council TransitMetro Mosquito ControlWatershed DistrictsWashington County HRA QUESTIONS ???QUESTIONS ???CITY OF STILLWATER RESOLUTION 2019-____ ADOPTING THE FINAL TAX LEVY FOR THE PAYABLE YEAR 2020 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $14,609,703 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2020. FURTHER BE IT RESOLVED, that the sum of $44,400 is hereby levied against all taxable properties within the WMO (Waste Management Organization) parcel-specific taxing district of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2020. The Levy consists of the following: GENERAL TAX LEVY:10,587,577$ DEBT SERVICE TAX LEVY: Fund Required Levy for 2020 Amount 312 G.O. Capital Outlay 2012A 375,220 314 G.O. Capital Outlay 2014A 711,418 324 G.O. Capital Outlay 2014 (Armory) 85,000 326 G.O. Capital Outlay 2016A 823,883 327 G.O. Capital Outlay 2017A 401,696 329 G.O. Capital Outlay 2009D 311,128 318 G.O. Capital Outlay 2018A 486,431 339 G.O. Capital Outlay 2019A 427,350 Subtotal 3,622,126$ New Debt G.O. Capital Outlay 2020 400,000 Total Debt Service Tax Levy 4,022,126$ TOTAL TAX LEVY 14,609,703$ PARCEL-SPECIFIC LEVY WMO Levy $44,400 Adopted by the Council this 3rd day of December, 2019. ______________________________ Ted Kozlowski, Mayor ATTEST: _____________________________ Beth Wolf, City Clerk RESOLUTION 2019-____ ADOPTING THE PROPOSED BUDGET APPROPRIATIONS FOR THE YEAR 2020 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the proposed budget appropriations for the year 2020 in the amounts for the following funds: Fund Fund Name Amount 100 General Fund 14,747,050$ 200 Special Events Fund 75,800 202 St Croix Valley Recreation Center Fund 1,724,786 230 Library Fund 1,485,820 240 Parks Fund 1,147,306 251 Downtown Beautification Fund 15,000 255 Washington County Recycling Fund 35,260 285 Lodging Tax 209,222 Total 19,440,244$ Adopted by the Council this 3rd day of December, 2019. ______________________________ Ted Kozlowski, Mayor ATTEST: _______________________________ Beth Wolf, City Clerk Board of Commissioners Fran Miron, District 1 Stan Karwoski, Chair, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, District 5BOARD AGENDA December 3, 2019 - 4: PM 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 1.3:10-3:40 Board Workshop with Property Records and Taxpayer Services - Jody Moran, Taxation Division Manager A.Discuss proposed 2020 property taxes. 2.3:45-4:05 Board Workshop with Administration - Molly O'Rourke, County Administrator A.Review commissioner appointments to committees, commissions, and joint powers boards for 3. 44:15 PMRoll Call Pledge of Allegiance 4.4:15 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. 5. 4:25 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A.Approval of the November 19, 2019, County Board meeting minutes. B. Approval to appoint John Hamerly, Lake Elmo, to the Valley Branch Watershed District to a first term expiring November 15, 2022. C. Approval of request for 1.0 Full Time Equivalent (FTE) Assistant County Attorney II position for Gold Line Bus Rapid Transit project duties D.Approval of a resolution for sale of tax forfeited land to City of Oakdale. E. Approve a resolution providing a favorable recommendation to the Department of Revenue for conveyance of tax forfeited land to the Minnesota Department of Transportation, the City of Lake Elmo, and the City of Dellwood by conditional use deed. F. Approve Cooperative Agreements No. 11536 and No. 11537 for maintenance between the cities of Lake Elmo and Oakdale, and Washington County for the period from signature through perpetuity, for the County State Aid Highway (CSAH) 13 (Olson Lake Trail/Inwood Avenue) Improvement Project, and authorize its execution pursuant to Minn. Stat. 373.02. 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 6. 4:25 Public Health and Environment - Stephanie Souter, Public Health Program Supervisor A.Provide an update on the 2019 Aquatic Invasive Species Prevention Aid program. 7. 4:45 Public Works - Kevin Peterson, Engineer II A. 1. Approve Construction Contract No. 13035 with Hoffman & McNamara Co. for the County State Aid Highway (CSAH) 13 (Radio Drive), and CSAH 18 (Bailey Road) Landscaping Project which includes planting installation at CSAH (Radio Drive) 13 near I-94, CSAH 18 (Bailey Road) near Mile Drive, and Central Park Place. 2. Approve Cooperative Cost Agreement Contract No. 12892 with the City of Woodbury for CSAH 13 (Radio Drive), and CSAH 18 (Bailey Road) Landscaping Project, and authorize its execution pursuant to Minn. Stat. 373.02. 3. Approve Cooperative Cost Agreement Contract No. 12894 with the City of Oakdale for CSAH 13 (Radio Drive), and CSAH 18 (Bailey Road) Landscaping Project, and authorize its execution pursuant to Minn. Stat. 373.02. 8. 5:00 General Administration - Molly O'Rourke, County Administrator 9.5:10 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. 10.Board Correspondence 11. 5:25 Adjourn 12. 5:25-5:55 Break 13. 6:00 PM Public Budget Meeting on Proposed 2020 Washington County Budget A.Public budget meeting on the 2020 Proposed Budget. Washington ; _;County 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 November 26, 2019 ­ 9:00 AM Assistive listening devices are available for use in the County Board Room  If you need assistance due to disability or language barrier, please call (651) 430‐6000  EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 1.9:00 Roll Call  Pledge of Allegiance  2.9:00 Comments from the Public  Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue  is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board  Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your  comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual  Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit  an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's  responsibilities. 3.9:10 Consent Calendar ­ Roll Call Vote  Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to  pull a Consent Calendar item(s) for discussion and/or separate action. A.Approval of the November 12, 2019, County Board meeting minutes. B. Adopt a resolution to approve the 2020 County Commissioners' salaries, expenses, and benefits.  C. Approval to submit a grant proposal to the Department of Human Services for the Fraud  Prevention Investigation Program in the amount of $110,000 ­ $125,000. D. Adopt a resolution for a request from the City of Marine for $6,000 from the Jordan bequest to  be used for materials and services at the Marine Community Library. E. Approval of payment to Middle St. Croix Watershed Management Organization (MSCWMO)  in the amount of $118,720 as a cash­in­lieu payment for the County State Aid Highway  (CSAH) 23 Reconstruction Project (RB­2599 in the 2018 Washington County Capital  Improvement Plan). F. Requests for permanent use of fund balance in the amount of $46,125 from the Public Safety  Radio Fund 240 for the purchase of a new vehicle and precision instrument.  4. 9:10 Accounting and Finance ­ Carl Jacobson, Principal Accountant A. 1. Presentation of the Government Finance Officers Association (GFOA) Excellence in  Financial Reporting Award for the county's 2017 Comprehensive Annual Financial Report  (CAFR) and review information provided in the annual newspaper insert regarding 2018  financial information.    2.Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for the county's 2019 Budget. 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. 9:25 Community Corrections ­ Terry Thomas, Interim Director A. Approval of the 2020­2021 Community Corrections Comprehensive Plan and authorization for  the Interim Director of Community Corrections to sign the application agreement with the  Minnesota Department of Corrections. 6. 9:35 General Administration ­ Molly O'Rourke, County Administrator A.Adopt a resolution to approve the 2020 salary for the County Attorney. 9. 10:15 Adjourn  10. 10:20­11:10 Board Workshop with Community Services ­ Jacob Wasmund, Policy Analyst A.Provide an update on emergency shelter planning. 11. 11:15­11:45 Board Workshop with Property Records and Taxpayer Services ­ Jody Moran, Taxation Division Manager A.Discuss proposed 2020 property taxes. B.Adopt a resolution to approve the 2020 salary for the County Sheriff. C.Adopt a resolution to approve the 2020 salary for the County Administrator. D.Adopt a resolution to approve additional compensation for the 2020 County Board Chair. 7. 10:00 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. 8.Board Correspondence  12. 11:50 Personnel Committee  STILLWATER TOWN BOARD MEETING November 14, 2019 Town Hall 7:00 P.M. PRESENT: Chairperson Sheila-Marie Untiedt, Supervisors Rod Hunter, Tim Sinclair and Bonnie Haines, Clerk Kathy Schmoeckel, Planner Merritt Clapp-Smith, Treasurer Marsha Olson and Chief of Police Steve Nelson Public Hearing – Murphy Subdivision – 7:00 p.m. Neighbors Present: Dan Thurmes, 14730 130th St. N. Chris Murphy, 11283 148th St N Irene and Cliff Brandvoll, 17107 116th St Barb Parke, 17090 116th St N Dave and Peggy Hayden, 17030 116th St N Susan Rockwood, 11075 Arcola Tr N Robert Ranalla, 9590 Stonebridge Tr N Jay Riggs, WCD, 455 Haywood Av Mike Isensee, CMSCWD, 21150 Ozark Av N Kristin Tuenge, CMSCWD Brian Axdahl, 17120 116th St N A Public Hearing was held to consider a request from Chris Murphy to subdivide the existing single family property into two single family lots, with the smaller parcel to be sold as a new single family lot. No public streets or infrastructure are proposed. Chair Sheila-Marie Untiedt opened the Public Hearing and introduced Planner Merritt Clapp-Smith who gave an overview of the application. Dan Thurmes, Cornerstone Surveying, was present and described their plans. They would like to waive the requirement for a final plat. There were the following questions and comments: x Dave Hayden – They abut this property and they are concerned about the impact of any future development here. Sheila-Marie Untiedt – At this time they are applying for only a single family home. Merritt Clapp-Smith – This is a proposal for a single driveway with an easement dedicated to the Township. The property owner will be responsible to maintain the driveway. The cost is borne by the applicant. x Susan Rockwood – What about further development? Can the access be determined in advance? Untiedt – We cannot put a burden on the applicant for something that may or may not happen in the future. A further road may be too long not to have access from Highway 95. x Thurmes – When the plat for Dakota Wildwood was done, they required a right of way off of 116th Street at that time. Stillwater Town Board Mtg. – 11/14/19 Page 2 x Tim Sinclair – We cannot decide for the future. It would depend on the zoning and the proposal at that time. x Brian Axdahl – He is not against another neighbor, but is concerned about another road access. Untiedt – This is not a road but just a driveway. Thurmes – We would enter into a license with the Township to use the easement. The Public Hearing was closed at 7:25 p.m. Merritt Clapp-Smith read the staff recommendations from her memorandum dated 11/14/19. M/S/P Hunter/Sinclair moved to approve the Preliminary Plan for 11521 St. Croix Trail North subject to the following conditions: 1. The lot split plans shall be in substantial compliance with the plans submitted to the Township on October 15, 2019. 2. The Applicant shall satisfy all requests provided in comments by the Township Engineer. 3. As Parcel A proceeds to development, plans and applications for proposed site work and construction shall be submitted and approved, as required by local and state regulations. These shall include but are not limited to: a. Grading and Erosion Control b. Stormwater pollution prevention c. Sewage Treatment System d. Landscaping e. Driveways f. Buildings 4. The Township accepts the proposed roadway easement traversing the larger lot and enters into a License Agreement for use of the right of way and easement which gives the Township the right to develop the ROW and/or easement at a future date. The Township would grant the applicant access to the future developed roadway, but is under no obligation to pay for the connection cost to the new roadway. 5. A culvert is not being required under the driveway at this time. However, if drainage issues arise from the driveway blocking a drainage pattern and causing damming of surface water in the future, the Township will require installation of a culvert at the property owner’s expense at that time. 6. The Applicant shall pay a Parkland Dedication fee of $2,500 based on the Township requirement for $2,500 in dedication fee per newly created lot. 7. The Applicant shall record the deed with Washington County within one year of the date when the minor subdivision is approved. 8. The applicant shall pay all fees and escrows associated with this application. 9. The Township will waive the requirement for a final plat. (4 ayes) Regular Meeting – 7:45 p.m. 1. AGENDA – M/S/P Haines/Hunter moved to adopt the agenda as amended. (4 ayes) Stillwater Town Board Mtg. – 11/14/19 Page 3 2. MINUTES – M/S/P Hunter/Haines moved to approve the October 10, 2019 Stillwater Town Board Meeting minutes as written. (4 ayes) 3. PLANNER – a. Central Commons – Central Commons has submitted a plan for wetland replacement. It has been reviewed and a recommendation has been submitted to the Township. Jay Riggs, Washington Conservation District, was present to discuss. This commercial development has 3.23 acres of wetland. This must be replaced at a 2 to 1 ratio. Property owner Mark Lambert explained that they have found 4.64 acres in Isanti County which would qualify as a replacement. He is looking for approval from the Township. Jay Riggs explained how the banking process works. M/S/P Sinclair/Haines moved to approve the wetland replacement plan application per the TEP findings. (4 ayes) b. Solar Energy Ordinance – The Planning Commission had discussed this at their last meeting and recommended that a provision be added to the ordinance to allow the option of a Conditional Use Permit for solar arrays over the allowed 800 square feet. The consensus of the Board is that this would be a good approach. c. Subdivision Ordinance – Traditionally Stillwater Township has allowed minor subdivision applications to go directly to the Board without the requirement of going to the Planning Commission first since they are generally less complicated. Our ordinance should be cleaned up to spell this out. The consensus of the Board was to amend the process in the ordinance and also to address the issues with wetland delineation. 4. CARNELIAN MARINE ST. CROIX WATERSHED DISTRICT – Mike Isensee, Administrator, CMSCWD, was present to give an overview of their upcoming projects and to discuss their budget. Rod Hunter offered to act as a liaison with them. 5. CENTRAL COMMONS AREA – Jerry McGibbon was present with Arne Anderson and Jason Anderson who have purchased land adjacent to Central Commons. They would like to have an excavating business there, which is already being done in part of this parcel which is in Oak Park Heights. They would also like to store trailers here. They said that Washington County has indicated to them that they would like to see a composting site here. They were told that we do not have any commercial zoning in Stillwater Township and they were encouraged to apply for annexation to the City of Oak Park Heights. Planner Clapp-Smith will check with our attorney to see if their proposed use would qualify as an agricultural use. 6. CHIEF OF POLICE – a. Report given. There were 4 burning permits issued in October. We now have 76 burn permits for the year. There was one dog impounded and the owner picked up the dog and paid the impound fee. b. Zoning Ordinance Violation – A resident had 20 chickens in a coop that was too close to the house, a rooster, 3 trailers in the front yard and ATV violations. A letter was sent asking for compliance. Chief Nelson checked on 10/29/19 and all issues are now in compliance. Stillwater Town Board Mtg. – 11/14/19 Page 4 7. TREASURER – a. Report given. b. Checks and Claims – Checks and Claims #44096 through #44123 were approved for payment. 8. ROAD AND SNOW PLOW CONTRACTS – The Road and Snow Plow contracts which were approved at the last meeting were signed. 9. PINE POINT PARK – Rod Hunter reported on the recent Open House to discuss proposed improvements. 10. HARRNGTON REPAIR WORK – Mr. Harrington was present to discuss problems he had encountered due to the need for culvert repair. M/S/P Sinclair/Hunter moved to reimburse Mr. Harrington in the amount of $1,065 for the work done because of a Township culvert failure. (4 ayes) 11. CARMAR APPOINTMENT – Sheila-Marie Untiedt is waiting to hear from a resident who may have interest in serving on the CARMAR Watershed District. 12. POSSIBLE FLOODING ON 120TH STREET – Bonnie Haines suggested that this may be an area for potential flooding. The engineer will be asked to evaluate. 13. TRUCK TRAFFIC FROM THE RALEIGH PIT – Both the 5 year mining permit with Washington County and the annual permit from the Township will be renewed early next year. Our intention is to work with the County to determine possible enforcement mechanisms. 14. ADJOURNMENT – The meeting was adjourned at 9:05 p.m. Clerk______________________________________ Chairperson_________________________________ Approved___________________________________