HomeMy WebLinkAbout2020-12-01 CC Agenda PacketDecember 1, 2020 City Council Zoom 4:30 pm Meeting
December 1, 2020 City Council Zoom 7 pm Meeting
NI 1 1\7 ter
The Sirlhplaca of Minnesota
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
PLEASE NOTE: City Council meetings are streamed live on the city website and available to view
on Channel 16. Public can participate in the meeting by logging in online at www.zoom.us/join or
by calling 1-312-626-6799 and enter the meeting ID number: 794 206 779
Public comments can be emailed to stillwater@ci.stillwater.mn.us
REVISED AGENDA
CITY COUNCIL MEETING
December 1, 2020
REGULAR MEETING 4:30 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. OTHER BUSINESS
1. Ccntrat Common naditi,,,, D seuss on
i. Development Agreement, Tax Abatement Agreement and Assessment Agreement
2. Downtown Lighting Project Update
3. Wintertime Events for 2020-21
i. European Market Event
ii. Fire & Ice Event
IV. STAFF REPORTS
1. Public Works Director
2. Police Chief
3. Fire Chief
4. Finance Director
5. Community Development Director
6. City Clerk
7. City Attorney
8. City Administrator
9. Library Director
V. RECESS
RECESSED MEETING 7:00 P.M.
VI. CALL TO ORDER
VII. ROLL CALL
VIII. PLEDGE OF ALLEGIANCE
IX. RECOGNITIONS OR PRESENTATIONS
10. Certificate of Appreciation - Inv. Sgt. Steve Hansen
11. Certificate of Appreciation - Alicia Hill
X. OPEN FORUM - the open forum allows the public to address council on subjects which are not a part of the meeting.
Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less.
XL CONSENT AGENDA - these items are considered routine and will be enacted by one motion with no discussion. A
council member or citizen may request an item to be removed from the consent agenda and considered separately.
12. November 10 and November 17, 2020 meeting minutes
13. Payment of Bills
14. Adopt Delinquent Sewer Charges Project No. 0001- Resolution
15. Adopt Delinquent Solid Waste Charges Project No. 0002 - Resolution
16. Ameresco Investment Grade Energy Agreement
17. Bluestone Physician Services Parking Request
18. Declare and Dispose of Surplus Fire Equipment
19. Mutual Aid Agreement with St. Paul Police Department
20. 2021-2022 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services
Local 254 Police Sergeants - Resolution
XII. PUBLIC HEARINGS - when addressing Council please limit your comments to 10 minutes or less.
21. CPC Case No. 2020-54 Zoning Map Amendment, Preliminary Plat, and associated variances for
proposed subdivision White Pine Ridge at 12950 75th Street - Reschedule - Hearing notice will be
published and mailed when new date is selected.
XIII. UNFINISHED BUSINESS
XIV. NEW BUSINESS
22. Former Aiple Property Master Park Plan
23. Lakeview Health Infrastructure Cost Sharing
24. Parking Mitigation Fees
25. Truth and Taxation Presentation for 2020 Budget & Tax Levy - 2 Resolutions
XV. COUNCIL REQUEST ITEMS
XVI. ADJOURNMENT
Page 2 of 2
City Council Meeting Agenda
December 1, 2020
Page 1
CITY OF STILLWATER LIST OF BILLS
Able Hose & Rubber Inc.
Action Rental Inc.
Active911 Inc
Advance Auto Parts
AMI Consulting Engineers PA
Becker Fire Safety Services LLC
Blue Tarp Financial
Cintas Corporation
Comcast
Emergency Apparatus Maintenance
Gertens Wholesale
Golden Expert Services
Guardian Supply
Heritage Embroidery & Design
Holiday Lighting & Design
Krueger's Christmas Trees
Lawson Products
Lentz Dan
Loffler Companies
Manos Nancy
Mansfield Oil Company
Menards
Metropolitan Mechanical Contractors
Miller Excavating
Mill Supply
OnSite Sanitation
Pangallo Julie
Powell Robert
Primary Products Co.
Pulse Electric
Quadient Leasing
Quill Corporation
R&R Specialties Inc.
Radke Daniel
Riedel) Shoes Inc.
Roadkill Animal Control
Springbrook Software
St. Croix Boat and Packet Co.
Stillwater & Oak Park Heights CVB
Tessman Seed Co. St. Paul
Thiets Construction
Toll Gas and Welding Supply
Tri-State Bobcat
Washington County Road & Bridge
Waste Management of WI -MN
Equipment repair supplies
Concrete & trailer rental
Subscription
Equipment repair supplies
Stillwater Riverbank Stabilization
Extinguisher service
Supplies
Uniforms & mat cleaning
TV Internet & Voice
Vehicle repair
Holiday deco
Janitor Service
Uniforms
Wind shirt
Lift Bridge Holiday Lighting
Holiday trees
Supplies
Reimburse for exam fee
Removal copiers
Mileage
Fuel
Supplies
Maintenance agreement
Street sweepings & class 5
Equipment repair supplies
Portable Restroom
Seven sculptures installed with signage
Reimburse for work boots
COVID Supplies
Access point piping & cabling
Postage machine lease
Supplies
Equipment repair supplies
Reimburse for Work Boots
Skates
Animal pick up
Professional services
Arena billing
Qtrly Lodging Tax
Ice melt
Grading Escrow Refund
Cylinders
Equipment repair supplies
Light out at Washington & 36
30 yd flat rolloff
29.78
245.00
611.00
113.79
42,551.25
1,119.60
90.40
558.76
364.90
2,454.38
827.30
3,700.00
330.97
34.00
10,537.00
1,030.00
210.00
110.00
125.00
20.89
3,858.02
1,170.50
1,207.50
1,766.61
733.17
1,627.64
1,500.00
126.59
582.50
44,857.00
455.01
183.99
958.40
160.00
109.01
119.00
84.50
49,849.58
105,370.45
446.50
6,500.00
45.38
505.47
62.53
1,419.15
Page 2
Water Doctors Water Treatment
Winnick Supply
Xcel Energy
Ziegler Inc.
LIBRARY
Amazon Business
Amdahl Locksmith Inc Chris
Blackstone Audio
Brodart Co
Comcast
Ebsco Publishing
Faurot Kimberly
Koegel Christian M
Menards
Midwest Tape
Office of MN IT Services
Otis Elevator Company
NOVEMBER MANUALS
Lone Oak Companies Inc
Malwarebytes
Menards
Uline Inc
Walmart Community
Adopted by the Stillwater City Council this
1st day of December, 2020
Mayor Ted Kozlowski
Drinking fountain service
Tree stand supplies
Energy
Equipment repair
Materials
Locksmith
Materials
Materials
Internet - November
Materials
Staff Reimbursement
Cataloging/Processing
Janitorial Supplies
Materials
Phone
Elevator Service
UB Postage
Malwarebytes Endpoint Protection
Supplies
Face respirators & supplies
Water
378.00
206.00
32,200.27
630.80
793.48
101.00
499.20
9,252.53
188.06
6,406.28
153.88
280.00
50.71
1,188.33
143.70
598.44
2,519.44
6,631.70
162.14
1,126.40
7.96
TOTAL 352,280.84
AMERESCO4
ENERGY SERVICES AGREEMENT
BY AND BETWEEN
CITY OF STILLWATER, MN
AND
AMERESCO, INC.
Confidential & Proprietary Information of Ameresco, Inc. Page 1 of 22
TABLE OF CONTENTS
SECTIONS
1 Scope of Services
2 Ownership of ECM(s)
3 Financing and Ability to Pay
4 Contract Cost; Progress Payments
5 Term
6 Savings Guarantee
7 Right of Entry/Space
8 Changes in Services
9 Warranties
10 Customer's Responsibilities
11 Defaults
12 Remedies for Default
13 Dispute Resolution
14 Insurance and Bonds
15 Indemnification and Limitation of Liability
16 Agreement Interpretation and Venue
17 Privileged and Proprietary Information
18 Severability
19 Assignment and Subcontracting
20 Waiver
21 Force Majeure
22 Contract Documents
23 Notices
24 Records
25 Representations and Warranties
26 Additional Representation and Warranties of Customer
27 Independent Contractor
28 Negligent/Wrongful Acts
29 Further Documents and Events
30 Third Party Beneficiaries
31 Notifications of Governmental Action - Occupational Safety and Health
32 Appropriations; Termination for Convenience
33 References
ATTACHMENTS
ATTACHMENT A PROPERTY DESCRIPTION
ATTACHMENT B SCOPE OF SERVICES
ATTACHMENT C SAVINGS GUARANTEE
ATTACHMENT D(1) DELIVERY AND ACCEPTANCE CERTIFICATE
ATTACHMENT D(2) PERCENT COMPLETE ACKNOWLEDGEMENT
CERTIFICATE
ATTACHMENT D(3) SUBSTANTIAL COMPLETION CERTIFICATE
Confidential & Proprietary Information of Ameresco, Inc. Page 2 of 22
ATTACHMENT E
ATTACHMENT F
ATTACHMENT G
ATTACHMENT H
ATTACHMENT
ATTACHMENT
NOTICE TO PROCEED
CHANGE ORDER
MEASUREMENT AND VERIFICATION PLAN;
METHODOLOGY OF CALCULATING SAVINGS
TRAINING
MEASUREMENT AND VERIFICATION FEE SCHEDULE
CUSTOMER'S MAINTENANCE RESPONSIBILITIES;
STANDARDS OF SERVICE AND COMFORT
Confidential & Proprietary Information of Ameresco, Inc. Page 3 of 22
ENERGY SERVICES AGREEMENT
BY AND BETWEEN
City of Stillwater, MN
AND
AMERESCO, INC.
THIS ENERGY SERVICES AGREEMENT (the "Agreement") is entered into on December _,
2020, by and between City of Stillwater, MN having its principal place of business located at 216 North
Fourth Street, Stillwater MN 55082 (hereinafter referred to as "Customer") and Ameresco, Inc.,
having its principal place of business at 111 Speen Street, Suite 410, Framingham, MA 01701
(hereinafter referred to as "Ameresco"). The parties to this Agreement shall be collectively referred
to as the "Partied' and individually as a "Party"
WHEREAS, Ameresco has prepared and issued a report to Customer as contemplated by Subd. 13
of Minnesota Statute §471.345;
WHEREAS, on November _, 2020, Customer caused to be published notice of a meeting of its City
Council, which notice stated Customer's intent to propose to award a guaranteed energy -savings
contract to Ameresco;
WHEREAS, at a City Council meetings held on December _ , 2020 the City Council authorized
Customer to enter into this Agreement;
WHEREAS, Customer wishes Ameresco to perform a project ("Project') consisting of certain energy
conservation services and installations as set forth on Attachment B (as amended and/or otherwise
modified from time to time as provided herein, the "Scope of Services") at Customer's facilities
described in Attachment A (the "Property'), and Ameresco wishes to perform such services; and
WHEREAS, Customer owns and controls the Property.
NOW, THEREFORE, in consideration of the covenants, representations, warranties, and mutual
promises and agreements contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
SECTION 1 Scope of Services
(a) Work: Upon Ameresco's receipt of a "Notice To Proceed," substantially in the form
attached to this Agreement as Attachment E, Ameresco shall furnish all labor, materials and equipment
and perform all work (the "Work') required for the completion of the Scope of Services, including
installation of the energy conservation and facility improvement measures ("ECM(s)"), included in the
Scope of Services, as such Scope of Services may be modified in accordance with the terms of this
Agreement. Customer and Ameresco shall mutually plan the scheduling of the installation of the
ECM(s), so as to minimize disruption of the daily routine of Customer's personnel.
(b) Disposal: As part of the Scope of Services Ameresco shall (i) be responsible for the disposal of
all non -hazardous equipment and materials which are rendered useless and removed as a result of the
installation of the ECMs and (ii) cause all lamps which are classified as hazardous wastes by the rules
Confidential & Proprietary Information of Ameresco, Inc. Page 4 of 22
and regulations of the U.S. Environmental Protection Agency (40 CFR Parts 260 through 279) and
PCB -contaminated ballasts, if any, which have been rendered useless and removed as a result of the
installation of the ECMs to be disposed of. All other existing PCB -contaminated ballasts, lamps and
any other hazardous materials, however, shall remain the sole responsibility of Customer and Ameresco
shall assume no liability whatsoever in connection with their removal, transportation and disposal.
(c) Asbestos and Lead Paint:
(i) Asbestos: Ameresco's Scope of Services is predicated on the viability of the Project
without Ameresco's encountering or disturbing asbestos or being required to perform
any asbestos abatement or taking any other action with respect to asbestos. Customer
hereby represents and warrants to Ameresco that there is no asbestos or other
hazardous material in any area wherein Ameresco shall be performing the Scope of
Services. If: (a) Ameresco encounters any friable asbestos which is in the vicinity of
the Project that is not identified in the Scope of Services, (b) Ameresco determines
that its work will result in the disturbance of asbestos containing material, or (c)
Ameresco determines that the presence of asbestos containing material may impede
Ameresco's work, Ameresco shall notify Customer of the same and Customer shall
either: (x) at its cost, cause the asbestos to be lawfully removed, enclosed, encapsulated
or otherwise abated in accordance with applicable laws, rules and regulations; (y) at
its cost, provide written test reports showing that asbestos in that area has been
properly removed, enclosed encapsulated or otherwise abated in accordance with
applicable laws rules and regulations; or (z) abandon the Project and terminate this
Agreement. If Ameresco cannot determine whether any particular material contains
asbestos, Customer, upon Ameresco's written request, shall either: (I) at Customer's
cost, lawfully perform tests or cause tests to be performed in order to determine
whether such material contains asbestos and/or whether there are unacceptable levels
of airborne particulate material containing asbestos and provide such test report to
Ameresco; or (II) abandon the Project and terminate this Agreement. Under no
circumstances shall Ameresco be required to handle asbestos. If Ameresco
encounters asbestos that materially affects the Scope of Services or the Project
schedule, Ameresco, at its option, may demobilize and cease construction in the area
affected by the presence of asbestos until such time as Customer elects and performs
one of the options afforded Customer as described in this Subsection. If Customer
does not promptly take action, as provided herein, or notifies Ameresco that it shall
not take such action, Ameresco may, at its option, either remove the affected area
from its Scope of Services (and make commensurate adjustments to its rights and
obligations) or terminate this Agreement in its entirety. Customer shall be responsible
for payment of the portion of Scope of Services implemented prior to termination.
Customer shall be responsible for any and all costs (including termination) incurred
by Ameresco that relate to the presence of asbestos.
Lead Paint: Ameresco's Scope of Services is predicated on the viability of the Project
without Ameresco's encountering or disturbing lead paint or being required to
perform abatement or providing any notice or taking any other action with respect to
lead paint. Customer hereby represents and warrants to Ameresco that there is no
exposed lead paint in any area in which Ameresco shall be performing the Scope of
Services. If Ameresco encounters lead paint in any area where it is to perform the
Scope of Services, which performance would require disturbing lead paint, and
Ameresco reasonably believes that such paint may be lead paint, Customer, upon
Ameresco's written request, shall either (a) at Customer's cost, lawfully perform tests
Confidential & Proprietary Information of Ameresco, Inc. Page 5 of 22
or cause tests to be performed in order to determine whether such paint contains lead
and shall provide a test report to Ameresco; or (b) abandon the Project and terminate
this Agreement. If such test report demonstrates the presence of lead paint or
Ameresco reasonably believes that performing its services under this Agreement is
likely to cause the disturbance of lead paint in such a manner as to require Ameresco
to provide any notification or take any actions pursuant to any federal, state or local
laws, rules, or regulations and Ameresco notifies Customer of the same, Customer
shall: (x) at its cost, cause the lead paint to be lawfully removed, or otherwise abated
in accordance with applicable laws, rules and regulations; or (y) abandon the Project
and terminate this Agreement. Under no circumstances, shall Ameresco be required
to perform services which cause the disturbance of lead paint. If lead paint materially
affects the Project Schedule, Ameresco, at its sole option, may demobilize and cease
construction in the area affected by the presence of lead paint until such time as
Customer has elected and performed one of the options afforded Customer as
described in this Subsection. If Customer does not promptly take action as provided
herein or notifies Ameresco that it shall not take such action, Ameresco may, at its
sole option, either remove the affected area from its Scope of Services (and make
commensurate adjustments to its rights and obligations) or terminate this Agreement
in its entirety. Customer shall be responsible for payment of the portion of Scope of
Services implemented prior to such termination. Customer shall be responsible for
any and all costs (including termination) incurred by Ameresco that relate to the
presence of lead paint.
(d) Compliance With Law: Ameresco shall, at its expense, comply with and obtain all applicable
licenses and permits required by federal, state and local laws in connection with (i) the installation of
the ECMs and (ii) the operation and/or maintenance of the ECMs (to the extent that Ameresco agrees
to perform such operations and/or maintenance services). In the event that Ameresco cannot procure
any such license or permit in light of a requirement that Customer is required to do so, the Parties shall
work jointly to obtain such permit or license.
(e) Taxes: Customer represents that it is a tax exempt entity and that it shall cooperate with
Ameresco and provide Ameresco with appropriate resale exemption documentation so that Ameresco
may attempt to establish that it is not obligated to pay taxes, fees and assessments or other charges of
any character which may be imposed or incurred by any governmental or public authority as an incident
to title to, or operation of the ECM(s) which would otherwise be levied upon or in respect to said
interest component or of the ECM(s). Notwithstanding the foregoing, Customer shall pay (or, if
applicable, reimburse Ameresco for the payment of) all property, sales taxes, use taxes or other fees
and assessments associated with Scope of Services. Customer shall have no liability for taxes measured
by the net income of Ameresco.
(f) Monitoring, Measurement and Verification: To the extent provided for in Attachment G,
Ameresco will supply such ongoing monitoring, measurement and verification services (the "M&V
Services'') during the Term, as such term is defined in Section 5, at a cost to Customer as set forth in
Section 4 and Attachment I.
(g)
Duties Obligations and Responsibilities of Ameresco:
(i) All labor furnished under this Agreement shall be competent to perform the tasks
undertaken, all materials and equipment provided shall be new and of appropriate
quality and the completed work shall comply in all material respects with the
requirements of this Agreement.
Confidential & Proprietary Information of Ameresco, Inc. Page 6 of 22
(m)
Ameresco shall maintain the Project site in a reasonably clean condition during the
performance of the Scope of Services.
Ameresco shall regularly clean the Project site of all debris, trash and excess material
or equipment generated by Ameresco's construction work hereunder.
(iv) Ameresco shall permit Customer or any of its representatives to enter upon the
Project site to review or inspect construction work, provided, in each case, Customer
and/or its representatives coordinate such review or inspection with Ameresco and
agree to comply with all applicable federal, state and local safety laws, rules and
regulations, including, without limitation, those promulgated by the U.S. Department
of Labor Occupational Safety & Health Administration.
(v) Ameresco shall provide equipment manuals, as -built drawings and other appropriate
information regarding equipment installed hereunder to Customer at or about the
time of delivery of the Delivery and Acceptance Certificate (as provided in Section 4).
(vi)
Ameresco shall provide the training described in Attachment H. Such training is
included in the Contract Cost, as such term is defined in Section 4, unless included as
a separate cost in Attachment I.
(h) Customer Cooperation During Construction: Customer shall reasonably cooperate in
relocating occupants, staff, personnel, furniture and equipment and taking such other actions as may
be necessary by Customer in order to prepare space for work by Ameresco to enable Ameresco to
timely perform its obligations hereunder.
SECTION 2 Ownership of ECM(s)
Ownership and title to each ECM or portion thereof, as applicable, shall automatically pass to
Customer upon Ameresco's receipt of both (i) the executed Substantial Completion Certificate
(Attachment D(3)), or each Percent Complete Acknowledgement Certificate (Attachment D(2)),
(including Customer payment certification) delivered pursuant to Section 4 for such ECM or portion
thereof, and (ii) the indefeasible payment in full of all of Customer's payment obligations to Ameresco
pursuant to such Substantial Completion Certificate or Percent Complete Acknowledgement
Certificate for such installed ECM or portion thereof. Prior to satisfaction of the conditions set forth
in (i) and (ii) in the previous sentence with respect to an ECM or portion thereof, title to each ECM
or portion thereof shall remain in the name of Ameresco. If, notwithstanding the intent of the Parties,
Customer is deemed to hold title to any or all of the ECMs or portion thereof prior to the satisfaction
of the conditions set forth in (i) and (ii) above, as security for the payment in full of Customer's
obligations with respect to each such ECM or portion thereof, Customer hereby assigns, transfers and
grants to Ameresco a security interest in such ECMs. Customer hereby authorizes Ameresco to file,
from time to time, Uniform Commercial Code financing statements in such jurisdictions as may be
necessary to perfect and maintain its security interest in such ECMs. If requested by Ameresco,
Customer agrees to execute and deliver all further instruments and documents and take all further
action that may be necessary in order to create, perfect and protect Ameresco's security interest in the
ECMs and hereby irrevocably appoints Ameresco as Customer's attorney -in -fact with full power to
sign such instruments and documents. Upon delivery of the Substantial Completion Certificate and
satisfaction of clause (ii) above for each ECM, Ameresco's interest in the related ECMs shall be released
and terminated, in each case without further action on any Party's part.
Confidential & Proprietary Information of Ameresco, Inc. Page 7 of 22
SECTION 3 Financing and Ability to Pay
(a) By its execution of this Agreement, Customer hereby represents and warrants to Ameresco
that Customer has adequate funds for payment of the Contract Cost, and for any portions which
Customer may need to borrow, Customer intends to enter into a separate financing through a bond
issuance, lease purchase, or similar structure ("Financing'') with a third party finance company or
other third party entity.
(b) Customer agrees and acknowledges that its obligation to make the payments to Ameresco set
forth in this Agreement are in no way contingent on the effectiveness of the Financing.
SECTION 4 Contract Cost; Monthly Progress Payments
(a) Subject to the terms of this Agreement, Ameresco shall perform the Scope of Services at a
contract cost of TWO HUNDRED NINETEEN THOUSAND FOUR HUNDRED AND
EIGHTY AND 00/100 DOLLARS ($219,480) (subject to adjustment as provided in Section 8, the
"Contract Cosi').
(b) Upon execution of this Agreement and delivery by Customer to Ameresco of the Notice to
Proceed, substantially in the form attached to this Agreement as Attachment E, Customer shall pay
Ameresco ten percent (10%) of the Contract Cost for mobilization. Thereafter, Ameresco shall submit
invoices to Customer for monthly progress payments to Ameresco based upon the percentage of the
Project construction and equipment procurement completed at the end of each month, so that
Ameresco is paid the percentage of the Contract Cost that is commensurate with the percentage of
completion of the Scope of Services. A Percent Complete Acknowledgement Certificate in the form
attached hereto as Attachment D (2) will be executed by Customer during each month of the
construction period showing the percent complete and monthly payment due. Customer shall make
payment to Ameresco, within thirty (30) days after the submission of each such invoice. Customer
shall not unreasonably withhold, condition or delay the execution and delivery of any Percent Complete
Acknowledgement Certificate.
(c) Upon Substantial Completion of the installation of an ECM, Ameresco will deliver to
Customer a Substantial Completion Certificate in the form of Attachment D (3). Within five (5)
calendar days after receipt of each Substantial Completion Certificate, Customer shall complete,
execute and deliver to Ameresco each such Substantial Completion Certificate. As used in this
Agreement the term "Substantial Completion" shall mean that each subject ECM has been installed
by Ameresco, and, if such ECM is equipment, such equipment is then operating in a manner such that
Customer is deriving beneficial use thereof. A Delivery and Acceptance Certificate, in the form of
Attachment D(1), shall be executed by Customer upon Substantial Completion of the installation of
the final ECM. Customer shall not unreasonably withhold, condition or delay the execution and
delivery of any Substantial Completion Certificate or the Delivery and Acceptance Certificate.
(d) Within thirty (30) calendar days following the first day of each Guarantee Year, as such term
is defined in Section 6, Customer shall pay Ameresco the additional amounts set forth on
Attachment I, Measurement and Verification Fee Schedule, as an annual fee for the M&V Services.
(e) All payments made by Customer under this Agreement shall be made in accordance with the
provisions of any Prompt Payment Act applicable to Customer. All amounts not paid to Ameresco on
or before the due dates specified in Subsections 4(b) and (d), shall accrue interest at the interest rate
prespecified in any Prompt Payment Act applicable to Customer or, if no such rate is specified, at the
Confidential & Proprietary Information of Ameresco, Inc. Page 8 of 22
Prime rate of interest as published in the Wall Street Journal for major banks or such lower rate as is
prescribed by applicable law.
SECTION 5 Term
This term of this Agreement (the "Term"), shall begin on the date first above written and shall remain
in effect through the "Guarantee Period' as such term is defined in Attachment C, unless terminated
prior to such date, as provided for in this Agreement. Termination of this Agreement shall also
terminate the Guarantee Period. Anything in this Agreement to the contrary notwithstanding,
Customer shall not be relieved of its obligation to pay Ameresco when due all amounts which accrued
prior to such termination.
SECTION 6 Savings Guarantee
To the extent set forth in Attachment C, and solely in accordance with Attachment C, Ameresco
guarantees that the "Annual Savings" (as defined below) to be achieved as a result of installation and
operation of the ECMs shall equal or exceed the Guaranteed Savings (as defined in Attachment C)
over the "Guarantee Period' (as defined in Attachment C).
For purposes of this Savings Guarantee, the following assumptions and provisions shall apply:
(a) Ameresco guarantees that the Guaranteed Savings will be achieved by operation and beneficial
use of all ECMs taken in the aggregate, but does not guarantee the savings amount achieved by each
ECM individually.
(b) The total savings achieved by the combined ECMs, determined as provided in the M&V Plan,
shall be deemed the total "Annual Savings''. Calculation of the Annual Savings shall be performed
under, and governed by, the methods, formulas, and procedures described in the Measurement and
Verification Plan set forth in Attachment G (the "M&VP1an").
(c) As it relates to the Annual Savings and this Savings Guarantee, the term "Guarantee Year"
shall mean the consecutive twelve (12) month period beginning with the first day of the month
following the date of Substantial Completion of the ECMs, and each similar twelve (12) month period
thereafter.
(d) Ameresco's obligations in respect of this Savings Guarantee are subject to Customer
performing all of its maintenance, repair, service and other obligations under this Agreement, including,
without limitation, performance of its obligations in Section 10 and maintenance of the Standards of
Service and Comfort set forth in Attachment J, if any, which may affect achievement of the Guaranteed
Savings. If Customer fails to perform its obligations under this Agreement or interferes with, or
permits any third party to take any action which, in the reasonable opinion of Ameresco, may prevent
the achievement of the Guaranteed Savings under this Agreement, Ameresco may, after providing
Customer thirty (30) days advance notice, adjust the Annual Savings amount during the period in which
such savings were affected to reflect the impact such actions had on same. Ameresco's rights set forth
herein shall not be in limitation of any other rights it is entitled to by law or under this Agreement.
Any disputes regarding achievement of Guaranteed Savings or any M&V Report delivered pursuant to
Attachment G shall be resolved in accordance with the dispute resolution provisions of Section 13.
SECTION 7 Right of Entry/Space
Confidential & Proprietary Information of Ameresco, Inc. Page 9 of 22
During the Term of this Agreement, Customer shall provide Ameresco and its employees, agents and
subcontractors access to the Property for the purpose of fulfilling Ameresco's obligations under this
Agreement. Customer shall provide rent free space for the installation and operation of the ECM(s)
and shall protect such items and equipment in the same careful manner that Customer protects the
Property.
SECTION 8 Changes in Services
(a) The Scope of Services may be changed only by agreement of the Parties evidenced by
execution of a "Change Orden' substantially in the form attached to this Agreement as
Attachment F, including the quantity, quality, dimensions, type or other characteristics of the
ECMs. During the Term hereof, either Customer or Ameresco may suggest that other energy
efficiency measures and facilities be added to the Scope of Services, in which case the Parties
shall endeavor to agree upon any new ECMs to be installed and may either amend this
Agreement or execute a Change Order for the installation, financing and commissioning of
any such new ECMs. Nothing in this paragraph shall obligate either Party to proceed with
installation of any ECMs which are not part of the original Scope of Services or evidenced by
execution of an amendment or a Change Order.
(b)
Should Ameresco encounter subsurface or latent physical conditions at the site which differ
materially from those indicated in the Scope of Services or from those ordinarily encountered
and generally recognized as inherent in work of the character provided for in this Agreement,
Ameresco shall give written notice to Customer before any such condition is disturbed or
further disturbed. Customer will promptly investigate and, if it is determined that the
conditions materially differ from those which Ameresco should reasonably have been
expected to discover or anticipate, Customer shall either (a) approve such changes in the Scope
of Services as are necessary, with a corresponding adjustment in the Guaranteed Savings
amount; or (b) abandon the Project and terminate this Agreement, provided that Customer
has paid to Ameresco all amounts due as set forth in Section 4 (including, without limitation,
pro-rata portions thereof accrued under Subsections 4(b), (d), (e) and Attachment I and
pursuant to any Change Order). If such differing conditions cause an increase or decrease in
Ameresco's cost or time of performance, and the Parties agree upon a change in the Scope of
Services, the Parties shall negotiate an equitable adjustment to Ameresco's cost and/or time
for performance, as the case may be and a Change Order shall be issued and executed by
Customer to reflect such adjustment(s).
(c) If at any time prior to Substantial Completion of an ECM, Ameresco determines that an ECM
is not commercially viable, Ameresco may, at its option, remove such ECM from the Scope
of Services and from the Property. In such event, Ameresco shall refund to Customer the
portion of the Contract Cost attributable to such ECM and the Guaranteed Savings amount
will be reduced by an amount equal to the portion of the Guaranteed Savings amount
attributable to such ECM.
(d) If Ameresco and Customer agree to an adjustment of the Contract Cost and the Project
schedule established for the Scope of Services, such an agreement shall be effective
immediately upon execution of a Change Order.
Confidential & Proprietary Information of Ameresco, Inc. Page 10 of 22
SECTION 9 Warranties
Ameresco hereby agrees as follows:
(a) Ameresco warrants that the Work and all materials and equipment to be installed in the Project
shall be free from defects in materials and workmanship arising from normal usage on an ECM by
ECM basis for a period of one (1) year from the date of Substantial Completion of such ECM. Any
manufacturers' warranties which exceed this one (1) year period shall be assigned to Customer to the
extent allowed by the manufacturer. This section does not apply in any way to the Savings Guarantee.
(b) EXCEPT AS PROVIDED IN THIS SECTION 9, AMERESCO MAKES NO
WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER STATUTORY,
WRITTEN, ORAL OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS
TO THE VALUE, DESIGN, AND CONDITION OR FITNESS FOR USE OR PARTICULAR
PURPOSE AND MERCHANTABILITY, REGARDING THE WORK, THE ECM(s) OR THE
EQUIPMENT.
SECTION 10 Customer's Responsibilities
(a) Operations: Customer shall operate all equipment installed hereunder in accordance with the
manufacturer's recommendations and the manuals supplied to Customer by Ameresco.
(b) Standards of Service and Comfort: Customer shall operate the ECMs and the Property in a
manner that shall provide the Standards of Service and Comfort provided for in Attachment J.
(c) Maintenance: Customer shall, at its expense, repair, operate and maintain the Property in good
working condition during the Term of this Agreement. Customer shall maintain, repair and operate,
at Customer's expense: (i) all equipment and other components included as part of the ECMs, and (ii)
all other equipment which is attached thereto and/or is integral to the proper functioning of the ECMs.
(d) Malfunctions: During the Term and throughout the warranty period, Customer shall notify
Ameresco immediately in the event of any malfunction in the operation of the ECM(s) or the
equipment installed hereunder.
(e) Protection of ECMs: Except in the case of emergency, Customer shall not remove, move,
alter, turn off or otherwise significantly alter the operation of the equipment installed hereunder or
the operation of the ECMs, or any individual part thereof, without the prior approval of Ameresco,
which approval shall not be unreasonably withheld. After receiving Ameresco's written approval,
Customer shall proceed as instructed. Customer shall act reasonably to protect the ECMs from
damage or loss, if, due to an emergency; it is not reasonable to notify Ameresco before acting.
Customer agrees to protect and preserve the facility envelope and the operating condition of all
ECMs, mechanical systems, and other energy consuming systems located on the Property.
(f) Monitoring System: Customer shall not move, modify or otherwise alter the energy
management system/building automation system (EMS/BAS), temporary data loggers, or any other
data collection or measurement and verification system (collectively, the "Monitoring System")
installed as part of the ECM(s) or any component thereof without the written consent of Ameresco
unless such action is in accordance with operating manuals and procedures provided by Ameresco.
(g) Adjustment to Baseline: If, in the reasonable opinion of Ameresco, Customer does not
reasonably operate, maintain, repair or otherwise protect the ECMs and/or maintain the Property in
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good repair and good working condition, then Ameresco may equitably adjust the baseline, as
referenced in Attachment G, for any increased energy usages at the Property.
(h) Changes to Property or Addition of Equipment: Customer shall notify Ameresco in writing
at least thirty (30) days prior to making any changes to the Property that could reasonably be expected
to affect the energy usage on the Property, such as changes in the hours or days or time of year that
the Property is occupied or operated, the number of occupants, the activity conducted, the equipment,
the facilities, the size of the Property etc. Customer shall also notify Ameresco regarding material
increases over time in numbers and usage of "plug in" devices such as computers and printers. If
Ameresco receives such notification or otherwise determines that such a change has occurred, it may
make appropriate revisions to the Attachments to reflect any adjustment to the baseline or the
Guaranteed Savings amount. Ameresco may also make retroactive adjustments to the baseline or
calculation of Annual Savings if Customer has not provided timely notice and any payments shall be
retroactively reconciled to reflect the changed baseline.
(i) Energy Usage Data: Customer shall make available to Ameresco, on an ongoing basis for the
Term of this Agreement, copies of all energy bills, energy usage data, and any and all other such data
maintained by Customer, including remote access to the Monitoring System or Customer's network
server for purposes of collecting such data, as may be requested by Ameresco, which are required for
it to perform all of its obligations under this Agreement.
(j) Insurance and Risk of Loss or Damage: Without limiting any of its obligations or liabilities
under this Agreement, Customer shall, at its expense, provide and maintain at all times during the Term
of this Agreement, sufficient insurance against the loss, theft of or damage to the ECM(s), related
equipment, and all equipment installed hereunder, for the full replacement value thereof. Customer's
Commercial General Liability insurance shall be primary for any property damage or bodily injury
during the performance of the Work.
Upon Substantial Completion of an ECM, Customer assumes all risk of loss of or damage to such
ECM from any cause whatsoever. In the event of loss or damage to any equipment installed hereunder,
Customer shall promptly notify Ameresco and promptly return the same to good repair with the
proceeds of any insurance received to the cost of such repair or demand that Ameresco perform such
repair, in which case Ameresco shall promptly do so for such compensation to which the Parties agree.
If Customer determines that any of the ECM(s) are lost, stolen, confiscated, destroyed or damaged
beyond repair, Customer shall replace the same with like equipment in good repair in a timely fashion
under the circumstances. If at any time after the date of the Delivery and Acceptance Certificate and
after Customer's complete payment to Ameresco in accordance with Subsection 4(a), as such amount
may be modified from time to time in accordance with this Agreement, any fire, flood, other casualty,
or condemnation renders a majority of the Property incapable of being occupied and renders the ECMs
or the equipment installed hereunder inoperable and, in the case of a casualty, the affected portion of
such ECMs or equipment is not reconstructed or restored within one hundred twenty (120) days from
the date of such casualty, Ameresco and/or Customer may terminate this Agreement by delivery of a
written notice to the other Party. Upon such termination, Customer shall pay Ameresco any amounts,
or pro-rata portions thereof, under Subsections 4(b), (c), (d) and (e), Attachment I and any Change
Order, which accrued prior to such termination. Ameresco may also make appropriate adjustments to
the baseline or the Guaranteed Savings amount to reflect the impact of such casualty or condemnation,
including corresponding revisions to the Attachments.
(k) Telephone and Internet: Customer shall install and maintain telephone lines and pay all
associated costs for the ECM(s) telephone lines or applicable energy management system
communication systems. Ameresco may use Customer's LAN for the purposes of any energy
management system that may be included in the Scope of Work.
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(1) Protection: Customer shall at all times act reasonably to protect the ECM(s) from loss or
damage to the same extent and in the same manner in which it protects the Property.
(m) Alteration: Except in cases of emergency, Customer shall not move, alter or change the
ECM(s) in any way that may cause a reduction in the level of efficiency or savings generated by the
ECM or the equipment installed hereunder without obtaining Ameresco's written approval, which shall
not be unreasonably withheld.
(n) Storage: Customer shall provide rent free space for Ameresco, or any of its subcontractors,
to mobilize and store supplies, tools and equipment during installation of the ECM(s) as available
pursuant to this Agreement for which such storage space may be required, with locking capacity
acceptable to Ameresco. Only Ameresco or any of Ameresco's subcontractors, and Customer's
assigned personnel shall have access to storage.
(o) Fuel: Customer shall procure and pay for all energy, utilities and fuel for the operation of the
Property.
SECTION 11 Defaults
(a) By Customer: Customer shall be in default under this Agreement upon the occurrence of any
of the following:
(i) Customer fails to pay when due any amount to be paid under this Agreement and
such failure continues for a period of five (5) business days after notice of overdue
payment is delivered by Ameresco to Customer;
(�)
any representation or warranty made by Customer in this Agreement or in any writing
delivered by Customer pursuant hereto proves at any time to have been false,
misleading or erroneous in any material respect as of the time when made;
Customer fails to perform any of its required duties or obligations under this
Agreement and fails to cure such failure and the effects of such failure within thirty
(30) days of receipt of written notice of default, unless such failures and effects cannot
be completely cured within thirty (30) days after said written notice, in which case a
default shall exist only if Customer does not commence and diligently pursue to cure
such failures and effects as soon as practicable;
(iv) Customer enters receivership, or makes an assignment for the benefit of creditors,
whether voluntary or involuntary, or a petition is filed by or against Customer under
any bankruptcy, insolvency or similar law and such petition is not dismissed within
sixty (60) days; or
(v) Customer fails to cooperate in relocating occupants, staff, personnel, furniture and
equipment or to take such other actions as may be necessary by Customer in order to
prepare space for work by Ameresco as is reasonably requested by Ameresco in a
timely manner in order to allow the Scope of Services to be accomplished hereunder.
(b) By Ameresco: Ameresco shall be in default under this Agreement if Ameresco fails to perform
any of its material duties or obligations under this Agreement and fails to cure such failure or effects
of such failure within thirty (30) days of receipt of written notice of default, unless such failure or
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effects of such failure cannot be completely cured within thirty (30) days after said written notice, in
which case a default shall exist only if Ameresco does not promptly commence and diligently pursue
to cure such failure as soon as practicable.
SECTION 12 Remedies for Default
If either Party defaults under this Agreement, the other Party may, subject to the dispute resolution
procedures in Section 13 below:
(a) bring actions for any remedies available at law or in equity or other appropriate proceedings
for the recovery of damages, including amounts past due; and
(b) with or without recourse to legal process, terminate this Agreement by delivering written
notice of termination at least ten (10) days prior to the requested termination date.
SECTION 13 Dispute Resolution
Claims, disputes, or other matters in controversy ( a "Dispute') arising out of or related to the
Agreement or the Project shall be subject to informal dispute resolution and mediation as a condition
precedent to any and all remedies at law or in equity. If during the term of this Agreement a Dispute
arises concerning the Project or this Agreement, the Dispute shall initially be submitted to Customer's
project representative and Ameresco's project manager for resolution by mutual agreement between
the Parties. Any mutual determination by Customer's project representative and Ameresco's project
manager will be final and binding upon the Parties. However, should Customer representative and
Ameresco's project manager fail to arrive at a mutual decision as to the Dispute within ten (10) business
days after notice to both individuals of such Dispute, such Dispute will be submitted to a representative
from management of both Parties who shall meet in person or by phone within ten (10) business days
after either Party gives the other Party written notice of the Dispute (the "Dispute Notice"). The
Dispute Notice shall set forth in reasonable detail the aggrieved Party's position and its proposal for
resolution of the Dispute. If the Dispute is not resolved within thirty (30) calendar days after the first
meeting of the Parties, then the Parties shall endeavor to resolve the Dispute by mediation. A request
for mediation shall be made in writing and delivered to the other Party. The request may be made
concurrently with the filing of any and all remedies at law or in equity but, in such event, mediation
shall proceed in advance of any proceedings filed in a judicial forum, which shall be stayed pending
mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period of
time by agreement of the Parties or court order.
The Parties shall share the fees of the mediation equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
If the Parties do not resolve the Dispute through informal dispute resolution or mediation, either
Party is free to pursue any other available remedy in law or at equity.
SECTION 14 Insurance and Bonds
(a) By Ameresco: Ameresco shall provide and maintain at its expense the following insurance
coverage:
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(i)
Workers' Compensation and Employer's Liability Insurance as required by applicable
State law.
Commercial General Liability Insurance, including contractual liability, Bodily Injury
per person, $1 million; Bodily Injury per occurrence, $1 million; Property Damage per
occurrence, $1 million; Personal Injury per occurrence, $1 million, $2 million general
aggregate.
Comprehensive Automobile Liability Insurance, including owned, non -owned and
hired automotive equipment of, Bodily Injury per person, $1.5 million; Bodily Injury
per occurrence, $1.5 million; Property Damage per occurrence, $1 5 million.
Umbrella Liability, $1 million
The above limits may be satisfied in combination of primary and umbrella coverage. Ameresco shall
deliver to Customer a Certificate of Insurance naming Customer as an additional insured party under
paragraphs (ii) and (iii), above.
(b) Ameresco shall deliver to Customer Payment and Performance Bonds in a sum equal to the
Contract Cost conditioned upon faithful performance of the Agreement by Ameresco, for the
implementation of the ECM(s) as it may be from time to time modified by Change Orders within ten
(10) days of issuance of a Notice to Proceed. Notwithstanding any provision to the contrary herein,
any payment and performance bonds associated with this Agreement guarantee only the performance
of the installation portion of this Agreement, and shall not be construed to guarantee the performance
of: (1) any efficiency or energy savings guarantees, (2) any support or maintenance service agreement,
or (3) any other guarantees or warranties with terms beyond one (1) year in duration from the
completion of the installation portion of this Agreement.
(c) By Customer: Without limiting any of its obligations or liabilities under this Agreement,
Customer shall provide and maintain at its expense, insurance coverage consistent with the
requirements of Subsection 10(j) above, and its obligations under this Agreement.
SECTION 15 Indemnification and Limitation of Liability
(a) Anything in this Agreement to the contrary notwithstanding, neither Party nor its respective
officers, directors, agents, employees, parent, subsidiaries or affiliates or their affiliates' officers,
directors, agents or employees shall be liable, irrespective of whether such claim of liability is based
upon breach of warranty, tort, (including negligence, whether of any of the Parties to this Agreement
or others), strict liability, contract, operation of law or otherwise, to any other Party, or its affiliates,
officers, directors, agents, employees, successors or assigns, or their respective insureds, for incidental,
delay, punitive or consequential damages connected with, related to or arising from performance or
non-performance of this Agreement, or any action or inaction in connection therewith including claims
in the nature of lost revenues, income or profits (other than payments expressly required and due under
this Agreement), and increased expense of, curtailment, reduction in or loss of power generation
production or equipment used therefor.
(b) Ameresco's total aggregate liability under breach of contract for any and all injuries, damages,
claims, losses, expenses or claim expenses (including attorney's fees) shall in all cases be limited to the
sum of the payments received by Ameresco under Section 4. Ameresco's total aggregate liability under
tort (including negligence) for any and all injuries, damages, claims, losses, expenses or claim expenses
(including attorney's fees) arising out of this Agreement shall in all cases be limited to the limits of
insurance required to be maintained by Ameresco pursuant to this Agreement.
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(c) Ameresco agrees to indemnify and hold Customer harmless from and against any and all third
party claims for damages but only to the extent such damages arise by reason of bodily injury, death or
damage to property caused by Ameresco's negligence or willful misconduct. To the extent that any
such damages are covered by or under Ameresco's Commercial General Liability Insurance policy,
Ameresco shall not be required to indemnify Customer in excess of the proceeds of such policy. In
no event, however, shall Ameresco be obligated to indemnify Customer to the extent that any such
injury or damage is caused by the negligence of Customer or any entity for which Customer is legally
responsible.
(d) Customer agrees to indemnify and hold harmless Ameresco, its officers, agents and employees,
from and against any and all third party claims for damages but only to the extent such damages arise
by reason of bodily injury, death or damage to property caused by Customer's negligence or willful
misconduct. In no event, however, shall Customer be obligated to indemnify Ameresco to the extent
that such injury or damage is caused by the negligence of Ameresco or any entity for which Ameresco
is legally responsible.
SECTION 16 Agreement Interpretation and Venue
Each Party hereto has had ample opportunity to review and comment on this Agreement. This
Agreement shall be read and interpreted according to its plain meaning and an ambiguity shall not be
construed against either Party. The judicial rule of construction that a document should be more strictly
construed against the draftsperson thereof shall not apply to any provision of this Agreement.
This Agreement shall be governed as to all matters, whether of validity, interpretations, obligations,
performance or otherwise exclusively by the laws of the State in which the Project is located (the
"State"). Regardless of where actually delivered and accepted, this Agreement shall be deemed to have
been delivered and accepted by the Parties in the State. Any mediation and legal proceedings involving
the negotiation, formation, interpretation, or enforcement of this Agreement may be brought in any
federal district court having jurisdiction over the Parties.
SECTION 17 Privileged and Proprietary Information
Ameresco's systems, means, cost, and methodologies of evaluating, implementing, accomplishing and
determining energy savings and the terms of the Agreement for this Project shall be considered
privileged and proprietary information. Customer shall use the same level of effort to protect and
safeguard such information as it employs to safeguard its own confidential information, provided,
however, that Customer is a public entity which has very little information that is not open to the
public. Customer shall not disclose such proprietary information without the express written consent
of an officer of Ameresco unless required to do so by statute or regulation. When any request for
disclosure of such information is made under any applicable freedom of information law (the "FOIL"),
Customer shall provide prompt written notice to Ameresco such that Ameresco will have the
opportunity to timely object under the FOIL should it desire to object to such disclosure of that
information in whole or in part. In the event that Customer is required to make a filing with any agency
or other governmental body, which includes such information, Customer shall notify Ameresco and
cooperate with Ameresco in order to seek confidential treatment of such information included within
any such filing or, if all such information cannot be protected from disclosure, to request that Customer
be permitted to redact portions of such information, as Ameresco may designate, from that portion of
said filing which is to be made available to the public.
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SECTION 18 Severability
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or
unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement,
and all other provisions of this Agreement shall remain in full force and effect.
SECTION 19 Assignments and Subcontracting
(a) Ameresco may elect to use subcontractors in meeting its obligations hereunder. Nothing
contained in this Agreement shall create any contractual relation between any subcontractor and
Customer.
(b)
Customer shall not assign, transfer, or otherwise dispose of this Agreement, the ECM(s) or
the Property, or any interest therein, or sublet or lend the ECM(s) or permit the ECM(s) to be used by
anyone other than Customer and Customer's employees without the prior express written consent of
Ameresco; provided that Customer may, without obtaining the consent of Ameresco, assign its rights
in the ECMs to any financial institution, lender or investor in connection with a leasing or financing
arrangement for funding of the Contract Cost. If Customer transfers ownership or its interest in the
Property without the prior written consent of Ameresco, this Agreement shall, at Ameresco's option,
terminate automatically.
(c) Ameresco shall not assign this Agreement in whole or in part to any other party without first
obtaining the consent of Customer, which consent shall not be unreasonably withheld; provided that,
Ameresco may assign, without obtaining the consent of Customer, its rights and obligations under this
Agreement in whole or in part to any affiliated or associated company of Ameresco and its rights for
payments only under this Agreement to any financial institution, lender or investor in connection with
a credit facility to which Ameresco is a party.
SECTION 20 Waiver
Any waiver of any provision of this Agreement shall be in writing and shall be signed by a duly
authorized agent of Ameresco and Customer. The waiver by either Party of any term or condition of
this Agreement shall not be deemed to constitute a continuing waiver thereof nor of any further or
future waiver of any additional right that such Party may be entitled to under this Agreement.
SECTION 21 Force Majeure
If either Party shall be unable to carry out any part of its obligations under this Agreement (except
Customer's obligations to make payments when due), due to causes beyond its control ("Force
Majeure"), including, but not limited to, an act of God, strikes, lockouts or other industrial
disturbances acts of public enemies orders or restraints of any kind of the government of the United
States or any state or any of their departments agencies or officials or any other civil governmental,
military or judicial authority, war, blockage, insurrection, riot, sudden action of the elements, fire,
explosion, flood, earthquake, storms, utility power outage, drought, landslide, pandemic (including the
outbreak of COVID-19 coronavirus prior to the date hereof)or explosion or nuclear emergency, this
Agreement shall remain in effect but the affected Party's obligations shall be suspended for a period
equal to the disabling circumstances, provided that:
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(a) the non -performing Party gives the other Party prompt written notice, unless such other Party
would not be prejudiced by a delay in notification, describing the particulars of the event of Force
Majeure, including the nature of the occurrence and its expected duration, and continues to furnish
timely regular reports with respect thereto during the period of Force Majeure;
(b) the suspension of performance is of no greater scope and of no longer duration than is
required by the event of Force Majeure;
(c) no obligations of either Party that arose before the event of Force Majeure causing the
suspension of performance are excused as a result of the event Force Majeure;
(d) the non -performing Party uses reasonable efforts to remedy its inability to perform; and
(e) the Term of this Agreement shall be extended for a period equal to the number of days that
the event of Force Majeure prevented the non -performing Party from performing.
Any decision by Customer to close or change the use of the facilities or ECM's at the Property, except
to the extent such closure or change is itself caused by Force Majeure, shall not constitute a Force
Majeure excusing Customer's performance under this Agreement.
SECTION 22 Contract Documents
(a) Upon execution of this Agreement by both Parties, this Agreement and its Attachments, which
are hereby incorporated herein by reference, shall constitute the entire Agreement between the Parties
relating to the subject matter hereof, and shall supersede all requests for proposals, proposals, previous
agreements, discussions, negotiations, correspondences, and all other communications, whether oral
or written, between the Parties relating to the subject matter of this Agreement.
(b) This Agreement may not be modified or amended except in writing signed by the Parties.
(c) Headings are for the convenience of reference only and are not to be construed as a part of
the Agreement.
SECTION 23 Notices
All notices, requests, demands, elections and other communications under this Agreement, other than
operational communications, shall be in writing and shall be deemed to have been duly given on the
date when hand -delivered, or on the date of the confirmed facsimile transmission, or on the date
received when delivered by courier that has a reliable system for tracking delivery, or six (6) business
days after the date of mailing when mailed by United States mail, registered or certified mail, return
receipt requested, postage prepaid. All notices shall be addressed to the following individuals:
(a) If to Customer:
City of Stillwater
216 4th Street North
Stillwater, MN 55082
Attention: Tom McCarty, City Administrator
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(b) If to Ameresco:
Ameresco, Inc.
9855 W. 78th St. Suite 310
Eden Prairie, MN 55344
Attention: Tim Dettlaff, Senior Vice President & General Manager
With a copy to:
Ameresco, Inc.
111 Speen Street, Suite 410
Framingham, MA 01701
Attention: General Counsel
Either Party may from time to time change the individual(s) to receive notices and/or its address for
notification purposes by giving the other Party written notice as provided above.
SECTION 24 Records
To assist Ameresco in its performance of this Agreement, Customer shall (to the extent it has not
already done so) furnish (or cause its energy suppliers and transporters to furnish) to Ameresco, upon
its request, accurate and complete data (kept by Customer or Customer's energy suppliers and
transporters in the regular course of their respective businesses) concerning energy usage for the
existing facilities at the Property, including the following data for the most current thirty-six (36) month
period: utility records, occupancy information; descriptions of any changes in building structure or
heating, cooling or other systems or energy requirements; descriptions of all energy consuming or
saving equipment used on Property; descriptions of all energy management procedures presently
utilized. If requested by Ameresco, Customer shall also provide any prior energy analyses of the
Property, to the extent available.
SECTION 25 Representations and Warranties
Each Party warrants and represents to the other Party that:
(a) it has all requisite power, authority, licenses, permits, and franchises, corporate or otherwise,
to execute and deliver this Agreement and perform its obligations hereunder;
(b) its execution, delivery, and performance of this Agreement have been duly authorized by, or
are in accordance with, as to Ameresco, its organizing instruments and as to Customer, by all requisite
action and are not in breach of any applicable law, code or regulation;
(c) this Agreement has been duly executed and delivered by the signatories so authorized, and
constitutes each Party's legal, valid and binding obligation;
(d) its execution, delivery, and performance of this Agreement shall not result in a breach or
violation of, or constitute a material default under, any agreement, lease or instrument to which it is a
party or by which it or its properties may be bound or affected; and
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(e) it has not received any notice, nor to the best of its knowledge is there pending or threatened
any notice of any violation of any applicable laws, ordinances, regulations, rules, decrees, awards,
permits or orders which would materially adversely affect its ability to perform hereunder; and
(f)
the persons executing this Agreement are fully authorized by law to do so.
SECTION 26 Additional Representations and Warranties of Customer
Customer hereby warrants and represents to Ameresco that:
(a) Customer intends to continue to use the Property in a manner reasonably similar to its present
use;
(b) Customer does not contemplate any changes to the electrical and thermal consumption
characteristics of the Property except as may have been disclosed to Ameresco by Customer in writing
prior to the execution of this Agreement;
(c) Customer has provided Ameresco with all records heretofore requested by Ameresco;
(d) Customer has not entered into any other agreements or understandings for the Property with
persons or entities other than Ameresco regarding the provision of the Scope of Services;
(e) Since the date of the audit report previously delivered by Ameresco to the Customer, if any,
there has been no change, event, circumstance or development that has or could reasonably be
expected to have a material adverse effect on (i) the operation or condition of the Property, (ii) the
energy usage at the Property, or (iii) the ability of Customer to perform its obligations hereunder; and
(f) Customer has obtained all necessary governmental, legal, administrative and any other
approval necessary for it to enter into and perform this Agreement.
SECTION 27 Independent Contractor
Nothing in this Agreement shall be construed as reserving to Customer any right to exercise any control
over or to direct in any respect the conduct or management of business or operations of Ameresco.
The entire control or direction of such business and operations shall be in and shall remain in
Ameresco, subject only to Ameresco's performance of its obligations under this Agreement. Neither
Ameresco nor any person performing any duties or engaged in any work on the Property on behalf of
Ameresco shall be deemed an employee or agent of Customer.
Nothing in this Section shall be deemed to be a waiver of Customer's right to use the Property.
Customer and Ameresco are independent of one another and shall have no other relationship relating
to or arising out of this Agreement. Neither Party shall have or hold itself out as having the right or
authority to bind or create liability for the other by its intentional or negligent act or omission, or to
make any contract or otherwise assume any obligation or responsibility in the name of or on behalf of
the other Party.
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SECTION 28 Negligent/Wrongful Acts
Neither Party to this Agreement shall be liable for any negligent or wrongful acts, either of commission
or omission, chargeable to the other. This Agreement shall not be construed as seeking to either enlarge
or diminish any obligation or duty owed by one Party against the other Party or against third parties.
SECTION 29 Further Documents and Events
The Parties shall execute and deliver all documents and perform all further acts that may be reasonably
necessary to effectuate the provisions of this Agreement.
Customer shall execute all documents which may be reasonably required for Ameresco to obtain all
licenses, permits and governmental approvals required by Ameresco for installation and operation of
the ECM(s). Ameresco's obligations hereunder are also subject to obtaining all such licenses, permits
and governmental approvals as are required to perform its obligations under this Agreement.
Customer agrees that Ameresco shall have the right to all environmental, energy, tax, financial, and
electrical -related attributes, rights, credits, deductions, benefits and characteristics associated with or
arising out of the transactions contemplated by this Agreement or associated with the ECMs or with
the energy, capacity or electrical savings created under this Agreement, howsoever created or
recognized. Customer shall provide Ameresco all reasonable assistance in perfecting its rights to such
attributes, rights, credits, benefits and characteristics.
SECTION 30 Third Party Beneficiaries
The Parties hereto do not intend to create any rights for, or grant any remedies to, any third party
beneficiary of this Agreement.
SECTION 31 Notifications of Governmental Action - Occupational Safety and
Health
The Parties shall notify each other as promptly as is reasonably possible upon becoming aware of an
inspection under, or any alleged violation of, the Occupational Safety and Health Act or any other
provision of federal, state or local law, relating in any way to the undertakings of either Party under
this Agreement.
SECTION 32 Appropriations; Termination for Convenience
(a) Customer shall take all necessary and timely action during the Term to obtain funds and
maintain appropriations sufficient to satisfy its obligations under this Agreement.
(b) The foregoing notwithstanding, subsequent to the date of the Delivery and Acceptance
Certificate, this Agreement may be terminated by Customer in accordance with the provisions of this
Section 32. Customer shall provide notice to Ameresco of its election to terminate no later than ninety
(90) days in advance of the end of the then current Guarantee Year. The termination shall become
effective on the last day of said Guarantee Year. The termination of this Agreement by Customer shall
release Ameresco from its obligation to provide maintenance, monitoring and training services after
the effective date of termination, as well as its obligation to provide the Savings Guarantee after the
Confidential & Proprietary Information of Ameresco, Inc. Page 21 of 22
termination date; provided, however, that Customer is responsible for payment for maintenance,
monitoring and training services performed in accordance with the terms of this Agreement prior to
the termination date and Ameresco shall remain responsible for any Savings Shortfall (as defined in
Attachment C) payments due Customer prior to the date of termination.
SECTION 33 References
Unless otherwise stated, all references to a particular Attachment or to Attachments herein are to
the referenced Attachment or Attachments which are attached to this Agreement and all such
referenced Attachments are incorporated by reference within this Agreement. All references herein to
a Section shall refer to a Section of this Agreement unless this Agreement specifically provides
otherwise.
IN WITNESS WHEREOF, the duly authorized officers or representatives of the Parties have set
their hand on the date first written above with the intent to be legally bound.
CITY OF STILLWATER, MN AMERESCO, INC.
By: By:
Authorized Signature
Name: Ted Kozlowksi
Title: Mayor
By:
Authorized Signature
Name: Beth Wolf
Title: City Clerk
Authorized and Required Signature
Name: Tim Dettlaff
Title: Senior Vice President & General
Manager
Confidential & Proprietary Information of Ameresco, Inc. Page 22 of 22
TO:
Stillwater
v„)
Administration
Mayor and City Council Members
FROM: Tom McCarty, City Administrator
Donna Robole, Human Resources Manager
DATE: December 1, 2020
SUBJECT: 2021-2022 Labor Agreement between City of Stillwater and Law Enforcement Labor
Services (LELS) Local 254 Police Sergeants
BACKGROUND
The City of Stillwater and LELS Local 254 Police Sergeants have concluded negotiations for a successor labor
agreement for 2021 and 2022 and the LELS Local 254 Police Sergeants membership has voted to approve the
agreement. Changes in the contract language include:
• Contract Duration — 2 year agreement, January 1, 2021 through December 31, 2022
• Wages — General Wage Increase: 2.0% increase effective January 1, 2021; 2.0% increase effective
January 1, 2022.
• Health Insurance — Employer contribution to $1,246.86 per month per member toward group health
insurance effective January 1, 2021, and increase employer contribution to $1,261.86 per month per
member toward group health insurance effective January 1, 2022.
• Vacation — On an annual basis, employees may voluntarily elect to cash -out up to 40 hours of vacation.
The written election is irrevocable in nature and must be made on or before December 15 in the calendar
year prior to the cash -out taking place.
• Severance — Memorandum of Agreement to direct all funds paid at separation to be paid in to a Post
Retirement Health Care Savings Plan (sick, comp, vacation and holiday).
Notice: When the normal payday falls on a Federal Reserve holiday, the pay date shall be the previous non -
Federal Reserve holiday. When the pay date falls on New Year's Day (January 1), to avoid tax -related
problems, the pay date will be the next business "bank" day following the New Year's holiday.
RECOMMENDATION
The proposed Labor Agreement between the City of Stillwater and LELS Local 254 Police Sergeants is consistent
with direction from City Council for labor negotiations. LELS Local 254 Police Sergeants membership has
approved the 2021-2022 labor agreement. Increased contract costs are included in the proposed 2021 budget.
Therefore, staff recommends adoption of the resolution entitled "Approving the 2021-2022 Labor Agreement
between the City of Stillwater and Law Enforcement Labor Services Local 254 Police Sergeants."
RESOLUTION 2020-
APPROVING THE 2021-2022 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER
AND LAW ENFORCEMENT LABOR SERVICES LOCAL 254 POLICE SERGEANTS
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the 2021-2022 Labor
Agreement between the City of Stillwater and Law Enforcement Labor Services Local 254 Police
Sergeants, as on file with the City Clerk, is hereby approved with the following changes:
• Contract Duration - 2 year agreement, January 1, 2021 through December 31, 2022
• Wages - General Wage Increase: 2.0% increase effective January 1, 2021; 2.0% increase effective
January 1, 2022
• Health Insurance - Employer contribution to $1,246.86 per month per member toward group
health insurance effective January 1, 2021, and increase employer contribution to $1,261.86 per
month per member toward group health insurance effective January 1, 2022
• Vacation - On an annual basis, employees may voluntarily elect to cash -out up to 40 hours of
vacation. The written election is irrevocable in nature and must be made on or before December
15 in the calendar year prior to the cash -out taking place
• Severance - Memorandum of Agreement to direct all funds paid at separation to be paid in to a
Post Retirement Health Care Savings Plan (sick, comp, vacation and holiday).
• Notice - When the normal payday falls on a Federal Reserve holiday, the pay date shall be the
previous non -Federal Reserve holiday. When the pay date falls on New Year's Day (January 1), to
avoid tax -related problems, the pay date will be the next business "bank" day following the New
Year's holiday.
BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City
Clerk to sign the agreement.
Adopted by the City Council of the City of Stillwater this 1st day of December, 2020.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
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METROPOLITAN MOSQUITO CONTROL DISTRICT
Metro Counties Government Center
2099 University Avenue West
Saint Paul, MN 55104-3431
(651) 645-9149 — www.mmcd.org
Stillwater City Administrator
Tom McCarty
216 North Fourth Street
Stillwater, MN 55082
Dear Tom McCarty,
RECEIVEID
NOV 18 2020
City of Stillwater
Administration
November 9th, 2020
Enclosed is a summary of work done by the Metropolitan Mosquito Control District (MMCD) in the Stillwater area
during the 2020 mosquito control season.
2020 was dominated by the COVID-19 pandemic and the various challenges it has caused to state and local
agencies like MMCD. We have been able to adapt our operations to allow for social distancing and other CDC
recommendations and were able to maintain our inspections and mosquito control work with limited interruption.
Throughout the season District Staff inspected almost 75,000 breeding sites for mosquito larvae and applied
198,678 acres worth of treatments which is less than the 213,800 in 2019, but more than the 183,000 acres treated
in 2018. We also treated 290,126 catch basins in the seven -county metro, which is more than any previous year.
Fortunately, there were few mosquito -borne disease cases reported in 2020 in Minnesota. The Minnesota
Department of Health (MDH) reported zero cases of West Nile virus as of November 3rd, which would make 2020
the first year with no human cases since the disease was first discovered in the state in 2002. Eastern Equine
encephalitis (EEE) is a growing concern in Minnesota with two positive cases found in deceased horses in Aitkin
and Benton counties. There were no human cases of EEE in Minnesota. In addition to monitoring and controlling
vector mosquitoes, MMCD staff also monitor the distribution of ticks capable of transmitting disease, and work
with MDH to provide information designed to reduce the risk of tick transmitted diseases.
MMCD employees controlled immature black flies (biting gnats) in small steams and large rivers throughout the
metropolitan area. In 2020, 101 black fly larvicide treatments were made to the rivers and streams in the District,
more than the 68 treatments completed in 2019. Unlike in 2019, when high river flows delayed treatments
significantly, river flows in 2020 remained at normal levels allowing for treatments to be made throughout the
season. In May, high adult black fly populations of a small stream species occurred resulting in increased customer
calls from certain areas of the District. Adult black fly abundance returned to more tolerable levels after May. We
plan to investigate the source of these high adult black fly populations and work towards a solution for 2021.
Educating the public is a key objective of MMCD and with limitations placed on us by the COVID-19 pandemic, we
adapted by producing several informational videos on our website and social media channels. We encourage you to
tell your residents to check them out at MMCD.org. We hope to be back at parades, county fairs, and other
community events in 2021!
If you have any questions, or would like to meet to discuss our agency's activities, please contact me.
Sincerely,
Stephen A. Manweiler, Executive Director
Phone: (651) 643-8365 // Email: mrncd samOmmcd.org
2020 Activity Summary for
Stillwater
LARVAL CONTROL
The majority of control done by MMCD targets mosquitoes during
their larval stage. Mosquito larvae usually develop in standing
water and are most common after a rainfall. Larval control
materials are applied via helicopter, backpack, or by hand.
Larval Control in Stillwater in 2020:
Sites Inspected: 138 I Acres Treated: 557.29
ADULT CONTROL
MMCD supplements our larval control program with limited adult
mosquito control. Adult control materials are applied via backpack
during the day or truck -mounted cold fogger in the evening.
Adult Mosquito Control in Stillwater in 2020:
Sites Inspected: 61 I Acres Treated: 36.03
DISEASE PREVENTION
Controlling the mosquito species that are most likely to spread
disease is a top priority for MMCD. Removing containers that
could hold stagnant water is critical to reducing the spread.
Disease Prevention Activity in Stillwater:
Tires Removed: 42 I Catch Basins Treated: 4005
Disease Prevention Property Inspections: 12
CUSTOMER CALLS
We encourage residents of the district to call MMCD to report mosquito annoyance, employee or
helicopter concerns, request waste tire removal, or for anything else.
Customer Calls from Stillwater in 2020: 27
For questions about your city's data,
please contact Alex Carlson -
acarlson@mmcd.org
DIA MI earl
■ 1 I t ■ ■ iN/ ir1
HE MQPO UTA N MOSQUITO CONTROL DlsrRrCT
Washington
- — County
FYI
BOARD AGENDA
***NOTE CHANGE IN TIME***
December 1, 2020 - 4:00 PM
Board of Commissioners
Fran Miron, Chair, District 1
Stan Karwoski, District 2
Gary Kriesel, District 3
Wayne A. Johnson, District 4
Lisa Weik, District 5
Because of the COVID-19 Pandemic and Emergency Declaration declared by the Governor of the State of
Minnesota and Declaration of Local Emergency issued by the Washington County Board of Commissioners on
March 17, 2020, some or all of the county board members may participate by telephone or other electronic means
and the Board meeting will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. The
County Board meeting will be conducted at the regular meeting location of the Board Room, Washington County
Government Center, 14949 62nd Street North, Stillwater, MN. Members of the public can attend the meeting in
person, or view/monitor the meeting electronically from a remote location via live web stream.
Members of the public who wish to share their comments or concerns on any issue that is the responsibility or
function of Washington County Government, including the items that are listed on this agenda, may provide that
comment via email at administrationAco.washington.mn.us, or by telephone at 651-430-6001. Any comments of
concerns shared, either prior to or during the board meeting, will be provided to each county commissioner.
Members of the public who wish to participate in the 6 p.m. budget meeting and/or comment on the proposed levy
or budget may join the meeting remotely through WebEx at:
https://washco.webex.com/washco/j.php?MTID=m533f116f2006d716f0a9418553c56062
1. 3:30 Personnel Committee
2. 4:00 Roll Call
Pledge of Allegiance
3. 4:00 Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue
is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board
Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your
comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual
Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit
an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's
responsibilities.
4. 4:15 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 17, 2020, County Board meeting minutes.
B. Approve Grant Agreement No. 13823 for the Adult Mental Health Initiative between the
Department of Human Services and Washington County, in the amount of $2,162,826 for the
period January 1, 2021, through December 31, 2022, and authorize its execution pursuant
to Minn Stat. 373.02.
C. Approval of Contract No. 13825 with Sheryl and Paul Nickle to provide short-term foster care
to individuals working with Washington County Adult Mental Health Case Management.
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
Washington County is an equal opportunity organization and employer
Washington
County
Consent Calendar continued
D. Approve Contract No. 13820 with Canvas Health in the amount of $1,369,497.39, for the
period of January 1, 2021, through December 31, 2021, and authorize its execution pursuant to
Minn. Stat. 373.02.
E. Approve Amendment No. 4 to Grant Agreement No. 11507 for Mobile Crisis services with the
Minnesota Department of Human Services in the amount of $1,047,479.00, for the period of
January 1, 2021, through December 31, 2022, and authorize its execution pursuant to Minn.
Stat. 373.02.
F. Approval of the plat of Holiday Station Store Denmark Township in Denmark Township.
G. Approve comment letter on the 3M Settlement Plan.
H. Adopt a resolution to accept the 2021 allocation and continue implementation of the state's
aquatic invasive species prevention aid program.
I. Approve Grant Agreement No. 13816 with the Minnesota Department of Human Services in
the amount of $487,944, for Child and Teen Checkup Administrative Services for the period of
January 1, 2021, through December 31, 2023, and authorize its execution pursuant to Minn.
Stat. 373.02.
J. Adopt a resolution approving the Hardwood Creek Regional Trail right-of-way plat across
parts of sections 5, 8, 17, and 20, T31NR21W in Hugo, and sections 5, 8, 17, 20, 29, and 32
T32NR21W in Forest Lake.
K. Adopt a resolution of support for Washington County's application to the Minnesota Park and
Recreation Foundation to pursue grant for funds for the purchase of portable disc golf
equipment totaling $3,618 over a one year period.
L. Approval of Change Order No. 15 in the amount of $10,807.50 with Valley Paving for the
County State Aid Highway (CSAH) 6 Project (RB-2204).
M. Adopt a resolution and authorize execution of Agreement No. LUP #8204-0073 for
construction, maintenance, and operation of a non -motorized recreational trail to be
constructed with Trunk Highway (TH) 36 and Manning Avenue Interchange Project (RB-
2588), located at the intersection of TH 36 and County State Aid Highway (CSAH) 15
(Manning Avenue) in the City of Stillwater.
N. Approve Relocation Agreement No. 13814 and appropriation estimate for the relocation of a
transmission line and appurtenances to accommodate the construction of the Trunk Highway
(TH) 36 and County State Aid Highway (CSAH) 15 (Manning Avenue) Interchange Project
(RB-2588) in the City of Stillwater.
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
Washington County is an equal opportunity organization and employer
Washington
County
Consent Calendar continued
O. Approve Change Order No. 6 to Contract No. 12904 with Pember Companies Inc., in the
amount of $9,350.00, for the Environmental Center Site Improvements Project (PHE-001).
P. Approve a resolution for two, three-year Service Agreements No. 13805 and No. 13806,
between Motorola Solutions, Inc. and the Washington County Sheriffs Office for the repair
and maintenance of the 800 MHz Radio System.
5. 4:15 Public Health and Environment - Maureen Hoffman, Planner (item A); Jeff Travis, Senior
Environmental Program Manager (item B)
A. Adopt three resolutions related to Lower St. Croix One Watershed, One Plan:
1. Withdraw the county from the current Lower St. Croix One Watershed, One Plan
Memorandum of Agreement.
2. Enter the county into a Joint Powers Agreement for the implementation of the Lower St.
Croix Comprehensive Watershed Management Plan and appoint a commissioner to the new
Policy Committee.
3. Adopt the Lower St. Croix Comprehensive Watershed Management Plan as a
supplementary planning document to the county's Groundwater Plan.
B. Adopt a resolution authorizing the Department of Public Health and Environment to waive late
fees for 2021 health licenses.
6. 4:35 General Administration - Kevin Corbid, County Administrator
A. Coronavirus relief fund spending plan update and potential board actions
7. 4:55 Commissioner Reports - Comments - Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and
information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of
discussion will be scheduled for a future board meeting.
8. Board Correspondence
9. 5:10 Adjourn
10. 6:00 PM Public Budget Meeting on Proposed 2021 Washington County Budget
A. Public Budget Meeting on the 2021 Proposed 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
Washington County is an equal opportunity organization and employer
NI 1 1\7 ter
The Sirlhplaca of Minnesota
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
PLEASE NOTE: City Council meetings are streamed live on the city website and available to view
on Channel 16. Public can participate in the meeting by logging in online at www.zoom.us/join or
by calling 1-312-626-6799 and enter the meeting ID number: 794 206 779
Public comments can be emailed to stillwater@ci.stillwater.mn.us
AGENDA
CITY COUNCIL MEETING
December 1, 2020
REGULAR MEETING 4:30 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. OTHER BUSINESS
1. Central Commons Addition Discussion
i. Development Agreement, Tax Abatement Agreement and Assessment Agreement
2. Downtown Lighting Project Update
3. Wintertime Events for 2020-21
i. European Market Event
ii. Fire & Ice Event
IV. STAFF REPORTS
1. Public Works Director
2. Police Chief
3. Fire Chief
4. Finance Director
5. Community Development Director
6. City Clerk
7. City Attorney
8. City Administrator
9. Library Director
V. RECESS
RECESSED MEETING 7:00 P.M.
VI. CALL TO ORDER
VII. ROLL CALL
VIII. PLEDGE OF ALLEGIANCE
IX. RECOGNITIONS OR PRESENTATIONS
10. Certificate of Appreciation - Inv. Sgt. Steve Hansen
11. Certificate of Appreciation - Alicia Hill
X. OPEN FORUM - the open forum allows the public to address council on subjects which are not a part of the meeting.
Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less.
XL CONSENT AGENDA - these items are considered routine and will be enacted by one motion with no discussion. A
council member or citizen may request an item to be removed from the consent agenda and considered separately.
12. November 10 and November 17, 2020 meeting minutes
13. Payment of Bills - available Tuesday
14. Adopt Delinquent Sewer Charges Project No. 0001- Resolution
15. Adopt Delinquent Solid Waste Charges Project No. 0002 - Resolution
16. Ameresco Investment Grade Energy Agreement - available Tuesday
17. Bluestone Physician Services Parking Request
18. Declare and Dispose of Surplus Fire Equipment
19. Mutual Aid Agreement with St. Paul Police Department
XII. PUBLIC HEARINGS - when addressing Council please limit your comments to 10 minutes or less.
20. CPC Case No. 2020-54 Zoning Map Amendment, Preliminary Plat, and associated variances for
proposed subdivision White Pine Ridge at 12950 75th Street - Reschedule - Hearing notice will be
published and mailed when new date is selected.
XIII. UNFINISHED BUSINESS
XIV. NEW BUSINESS
21. Former Aiple Property Master Park Plan
22. Lakeview Health Infrastructure Cost Sharing - available Tuesday
23. Parking Mitigation Fees
24. Truth and Taxation Presentation for 2020 Budget & Tax Levy - 2 Resolutions
XV. COUNCIL REQUEST ITEMS
XVI. ADJOURNMENT
Page 2 of 2
City Council Meeting Agenda
December 1, 2020
tI l Iwa ter
� Administration
DATE: November 25, 2020
TO: Mayor & City Council
FROM: Beth Wolf, City Clerk
SUBJECT: Wintertime Events
The City of Stillwater, Greater Stillwater Chamber of Commerce, Discover Stillwater Convention
& Visitor Bureau (CVB), and local businesses have been meeting to assist the local businesses
during this pandemic by creating winter activities in Stillwater. Attached is a spreadsheet and
flyer listing the ideas and locations. Some of these proposed activities may or may not be
required to obtain an event permit and given the recent Governor's Executive Order, some of
these may be on hold. The City has received event applications for the following two events
and their applications are attached.
European Market Event
The proposed European Market event is planned to be held Thursdays thru Sundays during
November thru February of 2021. It will take place in the northern -most section of City
Parking Lot 2. The market comprises of six "huts" and two fire pits.
Due to the recent Governor's Executive Order, the European Market has been placed on hold.
However the application will continue through the event permitting process in case the event
can occur this winter.
The event was reviewed by the Downtown Parking Commission at their November 19th
meeting. The Commission recommends approving the use of the 9 parking spaces in Lot 2 and
charge the cost of reserving the spaces per the current fee schedule. A request to waive any
associated city costs and fees (ie, parking, electricity, trash, plowing etc.) has been received by
the Organizer. This is a multiple day event, therefore an event contract is required and staff
will bring that back to Council for review at a future date.
Fire & Ice Event
The proposed event is planned to be held in conjunction with the annual Ice Cream Social event
in January. It will take place on January 29th -31st in North Lowell Park on Mulberry Circle and
use 5 parking spots in City Parking Lot 9. The event is requesting the City to plow the event
site and waive any associated city costs and fees. The Downtown Parking Commission
reviewed this event at their November 19th meeting and recommended approval for the
parking spots and waive the associated parking fee.
ACTION REQUIRED
Council shall review and determine if these two events are permitted and if any associated fees
shall be waived.
Winter in Stillwater- FUNDED
Lights on the bridge
Lights on the buildings
Lights on pedestrian plaza
European Booths (6) near tree
Chestnut Plaza
Ice rink on south end
Fire pits
100 feet tunnel and arch
Fire and Ice Hot air balloons
Beer Tent
Caroling, Elves, and carriage rides
Twinkle parade
Christmas tree
Total
Budget
$21k
$28k
$10k
$2k
$20k
$10k
$1k
$6k
$5k-$10
$5k
$5k
$0
$1
$113-$118k
Sponsor
City of Stillwater
City of Stillwater/IBA ($5000)
RBC- may need $5k more
Paul and Kelly and Chamber of
Commerce
Cube Foods/Crosby
John Koch/others
Brian Asmus- funding
Hotel Crosby and Quickfire Pizza
T-Mobile -may need $5k more
Liftbridge
Zephyr -Discover Stillwater
MM Realty & Discover Stillwater
City of Stillwater
Funded except $5k for Fire
and Ice
Owner
City Council
City Council/IBA
Sara/Mike
Paul/Kelly/Chamber
Mike/Robin/Paul
John
Brian
Paul/Robon
Robon
Brad
Christie
Michelle and Christie
City Council
Winter in Stillwater
Need Funding
Activities
Budget
■
Owner
Zephyr ice palace and activities
Needs sponsorship funding
Calyssa
New years eve ball drop/live music $15k Needs Sponsorship Funding (Chico Chico
with stage withChico
company pays $10k)
Frozen Flannel — Curling $3k-4k
Winterfest-fireworks, prizes, races $3-4k
Lights/garland on poles/trees $2k
Ice sculpture contest $5k
Needs sponsorship funding Michelle
Needs Sponsorship funding Judd
Needs sponsorship funding Mike
Michelle Stober- Senior care solutions Sara
Portable Slide $5k Needs sponsorship funding Michelle
Fat Tire race $5k First State Bank Sara/Mike
Pond hockey tournament $2.5
Jim Hebert Sara
Total $79k Need $79k more in funding
FOR IMMEDIATE RELEASE
November 16, 2020
Contact: Stacie Jensen, Greater Stillwater Chamber of Commerce
651-439-4001; Email Stacie
1111 1111 1111 11u1161.,
Coming Soon .Wintertime in Stillwater!
November 16, 2020. For the past six weeks, the City of Stillwater, Greater Stillwater Chamber
of Commerce, Discover Stillwater Convention & Visitor Bureau (CVB), and local businesses
have been meeting and collaborating to assist the local businesses and downtown Main Street
during this pandemic and beyond. COVID-19 has brought on huge economic challenges within
our business community and we know that the wintertime adds additional challenges.
The City of Stillwater has a beautiful historic downtown Main Street, and with more wintertime
additions and holiday lights, downtown Stillwater will become more of a year-round destination
for tourists and the local community. Due to the pandemic, the City of Stillwater elected not to
conduct their local fireworks on the 4th of July and decided to re -direct those funds to start
lighting up Main Street. In addition, the City has obtained permission from MNDot to light up the
south side of the historic lift bridge (that is a BIG deal!!). Building owners have signed a three-
year release for the building lights initiative.
Starting in December, the traditional experiences will continue outdoors including Hometown for
the Holidays, carriage rides, carolers, Winterfest and the lighting of the Main Street Christmas
Tree. Some new outside experiences being considered: A Fat Tire Race, a downtown ice-
skating rink, Fire & Ice Hot Air Balloons, Ice Cream Social, European Market, a smaller Ice
Castle with a maze inside, outdoor firepits, hockey and boot hockey games and more. You can
find a full event calendar at Discover Stillwater.
In true Stillwater community fashion, some local businesses have donated funds to light up the
new Chestnut Plaza area and the Pedestrian Plaza. There has also been a GoFundMe Page
set up for others to donate to this collaborative campaign, Wintertime in Stillwater.
"This has been a long time coming," stated Mayor Kozlowski. "We are more than excited to do
what we can during this pandemic to help our business community and provide some
experiences and beauty to our town in the Wintertime," Kozlowski said.
This has been a positive opportunity to see partners of local government, organizations, and
businesses come together for the greater good of our community. Visit
greaterstillwaterchamber.com and DiscoverStillwater.com for ongoing details! All CDC and DHS
requirements will be followed around COVID-19.
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Peeiceial
THVRSDAY4Oq4 SUNDAY
DECEMBER. JAN VARY FEBRUARY
Winter welcomes you to Stillwater's warm historic district glimmering with ambiance
and seasonal charm. Discover the 40+ locally owned shops and 30+ restaurants and
pubs. Take a stroll in this wonderous escape on the St. Croix River. Make Stillwater
your winter oasis! Stay downtown, park once and walk to all the festivities.
Ice Skating Rink
Carolers
Holiday Lights
Ice Bars
Heated Outdoor Dining
Fat Tire Rally
Frozen Bocce Ball Tourny
Winter Games
Hot Air Balloons
Ice Sculptures
Historic Ice Cream Social
Frozen Flannel Bonspiel
Dancing Elves
European Holiday Market
Twinkle Parade
Rooftop Drinks
Fireworks
New Year's Eve Ball Drop
Snow Sculpture Demos
Horse-drawn Carriage Rides
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GREATER STILLWATER
CHAMBER
of COMMERCE
November 6, 2020
333 Main Street North #202
Stillwater, MN 55082
651-439-4001
www.GreaterStillwaterChamber.com
Mayor and Council Members
City of Stillwater
216 North 4th Street
Stillwater MN 55082
Dear Mayor and Council Members:
'wU e d eovumu y
Please see attached two event applications. One for a new event called Fire & Ice and the other for a
European Market in downtown Stillwater. Both events have been discussed at the 'Wintertime in
Stillwater' meetings which have been held the past several weeks. We are still working on the details
and logistics for both. The purpose of these new events is a call to action to bring visitors and locals
down to Stillwater this winter to help the local businesses during COVID and complement the City of
Stillwater's strategic plan to strive to make Stillwater more of a year round destination.
One ask of the Council is to waive the park fees, parking fees, and electric fees; as well as any other city
fees for this first year. The Chamber is working with Kelli and Paul Kaufer on the European Market and
Aamodt's Balloons, Washington County Historic Society and Leo's Grill and Malt Shop on the Fire & Ice
event. There will be more details coming your way with additional maps and logistics as we continue to
work with the "Wintertime in Stillwater' planning committee lead by the Mayor.
Thank you for your consideration. Please do not hesitate to contact me if you have any questions.
Warmest Regards,
Robin Anthony, IOM
Executive Director/President
Greater Stillwater Chamber of Commerce
cc: Tom McCarty, City Administrator
a et:
THE BIRTHPLACE Of MINNESOTA
EVENTS PERMIT APPLICATION
216 North 4th Street, Stillwater, MN 55082
Telephone: 651-430-8837 Fax: 651-430-8810
Incomplete applications or applications received after deadline will not be
accepted. See Event Instructions for application deadline and fees.
Date of Application: 11/5/2020
Office Use Only
Date Application Received
Type: Event Special Event Event w/ Contract
Event Information
Title/Name of Event European Market
Event Date/Time: Set up: Date Nov 19th Time (i Am - to 0t�'m
Actual Event: Date Th, Fri, Sat, Sun Nov. 20 - Feb. 22 Time 11:00 am to 8:00 pm
Clean up: Date February 23 Time V i� to 5 {� ►'Y'
(Events after 10:00 p.m. require a variance from City Council)
Location (Address) of Event:
(If in Lowell Park please specify north or south Lowell park) North side of Lot 2 /9-10 spots
Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website)
1st annual European Market in the heart of Stillwater - South of Chestnut Plaza
Thursday - Saturday 11 am-8pm
Sundays 12-5pm
Estimated Attendance (participants and spectators): 250 daily
Applicant Information (Person/Group Responsible)
Sponsoring Organization Name: Greater Stillwater Chamber of Commerce
Mailing Address: 333 Main Street North #202
City, State, Zip Code: Stillwater MN 55082
Primary Contact/Applicant Name: Robin Anthony
Phone Number: 651-439-4001
Fax:
Cell Phone: 612-860-0947
Email Address: director@greaterstillwaterchamber.com
Website Address: www.greaterstillwaterchamber.com
Name of contact person during event: Kelli Kaufer
Cell Phone: 651-341-3946
Alternate contact during event:
Robin Anthony
CeII Phone: 612-860-0947
Refer media or citizens inquires to: Robin Anthony
Phone:
612-860-0947
Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents,
fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk,
please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route
direction with arrows.
Event Features
1 or 2 6x8 or less
Will any signs/banners be put up No ❑ Yes 11 Number and size:
Will there be any inflatables? No '1 Yes ❑ Insurance certificate from rental vendor is required
Fees for electricity may
Will there be entertainment? No O Yes ❑ What type:
apply see Instructions
Holiday music piped in
Will sound amplification be used? No ❑ Yes ►2 Hours and Type:
Will a stage or tent(s) be set up? No o Yes ■ Dimensions:
Will there be temporary fencing? No _1 Yes ❑
How many 15 / 6 huts Fees for electricity moy
Will merchandise/food items be sold? No ■ Yes O Instructions
vendors expected: apply see
Will food be prepared on site? No ►1 Yes 0 Contact Washington County Health Department, 651-430-6655
Will cooking operations be conducted? No , Yes • Contact Stillwater Fire Department 351-4950
Will alcohol be served but not sold? No , Yes II See Alcohol Regulations in the Instructions
Will alcohol be sold? No F2 Yes II See Alcohol Regulations in the Instructions
Will there be a fireworks display? No f:1 Yes ❑ Permit required, contact Stillwater Fire Department, 651-351-4950
Describe power needs and location of power source.
will need power for lights in the huts in Lot 2
Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available
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.
City Streets or Right-of-way No ►5 Yes ❑ Start/End Time: Date:
City Sidewalks or Trails No * Yes ❑ Start/End Time: Date:
Public Parking Lots or Spaces No ❑ Yes * Start/End Time: Date:
Will event need barricade(s)? No J Yes ❑ Number needed: Fees mayapp,y
see InstrucQVna
Will extra picnic tables be needed? No Q J Yes ❑ Number needed: Fees may any
see InstructrwN
Fees may apply
Will portable restrooms be needed? No ►, Yes ■ Number needed:
see Instructions
Fees may apply
Will extra trash receptacles be needed? No Pi Yes ■ Number needed:
see Instructions
Describe trash removal and cleanup plan during and after event:
No trash needed
Will event need traffic control? No Yes • Contact Stillwater Police Department for assistance, 651-351-4900
Describe crowd control procedure to ensure the safety of participants and spectators:
Fees may apply see Instructions
„ „
Will No Parking Signs be needed? No Ci Yes • Number needed: Show location(s)on
site map
Will event need security? No ® Yes • If event is overnight, security will be required.
If using private secruity, list Security Company and Contact Information:
n/a
Will event need EMS services? No I:1 Yes ❑ Contact Lakeview EMS, 651-430-4621
Describe plans to provide first aid, if needed:
Call 911
Describe the emergency action plan if severe weather should arise:
Have folks go indoors / Water Street Inn
List any other pertinent information:
This event is asking the city to waive the electric and park fees for this first year. This is an effort to get more people downtown
and assist the businesses around COVID. Request to put up two fire pits.
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 Stillr an e e of Liability.
SigJ.ture— pplicant or
11/5/2020
Date
European Market / Downtown Stillwater as part of
Wintertime in Stillwater's collaborative effort!
4'x8' 4 huts
12'x8' 1 hut
6'x8' 1 hut
• Electric heaters - 1 in each unit, portable - 1,500 Watt Utility Radiant Electric Milkhouse
Heater
• Would like 2 fire pits in the middle
• Xmas garland with lights on each unit
Harvest,Fest
ter
THE BIRTHPLACE OF MINNESOTA
EVENTS PERMIT APPLICATION
216 North 4 th Street, Stillwater, MN 55082
Telephone: 651-430-8837 Fax: 651-430-8810
Incomplete applications or applications received after deadline will not be
accepted. See Event Instructions for application deadline and fees.
Date of Application: 11/5/2020
Office Use Only
Date Application Received
Type: Event Special Event Event w/ Contract
Event Information
Title/Name of Event Fire and Ice
Event Date/Time: Set up: Date January ,R Time I D AM. to _ 3 p m .
Actual Event: Date January �9 _ )7 Time 3pm to 7pm
Clean up: Date January 3 J Time `T e w to i b f rir‘
(Events after 10:00 p.m. require a variance from City Council)
Location (Address) of Event:
(If in Lowell Park please specify north or south Lowell park) North Lowell Park by PD Pappys
Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website)
Fire and Ice Balloon Festival
3 4 o 5 .b a...[ 1 o v n S -A rS4- vx-
Estimated Attendance (participants and spectators): 250 daily
Applicant Information (Person/Group Responsible)
Sponsoring Organization Name: Greater Stillwater Chamber of Commerce
Mailing Address: 333 Main Street North #202
City, State, Zip Code: Stillwater MN 55082
Primary Contact/Applicant Name: Robin Anthony
Phone Number: 651-439-4001 Fax: Cell Phone: 612-860-0947
Email Address: director@greaterstillwaterchamber.com
Website Address: www.greaterstillwaterchamber.com
Name of contact person during event: Robin Anthony Cell Phone: 612-860-0947
Alternate contact during event: Robin Anthony Cell Phone: 651-955-8065
Refer media or citizens inquires to: Robin Anthony Phone: 612-860-0947
Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents,
fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk,
please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route
direction with arrows.
Event Features
1 or 2 6x8 or less
Will any signs/banners be put up No ❑ Yes 14 Number and size:
Will there be any inflatables? No ►1 Yes ❑ Insurance certificate from rental vendor is required
Fees for ele
lnstrtymoy
Will there be entertainment? No ►il Yes ❑ What type:
Instructions
apply see
Will sound amplification be used? No Yes ❑ Hours and Type:
Will a stage or tent(s) be set up? No Yes • Dimensions:
Will there be temporary fencing? No :1 Yes ■
How many Fees for electricity may
Will merchandise/food items be sold? No kTAI Yes • Instructions
vendors expected: apply see
Will food be prepared on site? No ►, Yes ❑ Contact Washington County Health Department, 651-430-6655
Will cooking operations be conducted? No gl Yes ■ Contact Stillwater Fire Department, 351-4950
Will alcohol be served but not sold? No rj Yes IN See Alcohol Regulations in the Instructions
Will alcohol be sold? No `2 Yes ❑ See Alcohol Regulations in the Instructions
Will there be a fireworks display? No I':1 Yes ❑ Permit required, contact Stillwater FireDepartment,651-351-4950
Describe power needs and location of power source.
Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available
Social Media, Local Papers, press release, website
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.
City Streets or Right-of-way No ►5 Yes ❑ Start/End Time: Date:
City Sidewalks or Trails No ►I Yes ❑ Start/End Time: Date:
Public Parking Lots or Spaces No ❑ Yes D Start/End Time: Date:
Fees may apply
Will event need barricade(s)? No , Yes ❑ Number needed:
Instructions
see
Fees may apply
Will extra picnic tables be needed? No ►I1 Yes • Number needed:
see Instructions
Will portable restrooms be needed? No ClYes IDNumber needed: Fees may apply
see instructions
Fees may apply
Will extra trash receptacles be needed? No Pi Yes ❑ Number needed:
see Instructions
Describe trash removal and cleanup plan during and after event:
No trash needed
Will event need traffic control? No VA' Yes ❑ Contact Stillwater Police Department for assistance, 651-351-4900
Describe crowd control procedure to ensure the safety of participants and spectators:
Fees may aption(s)ply seeInstructionssite
Will "No Parking Signs" be needed? No i i Yes ❑ Number needed: Show location(s)
on site map
Will event need security? No K Yes ■ If event is overnight, security will be required.
If using private secruity, list Security Company and Contact Information:
n/a
Will event need EMS services? No I Yes III Contact Lakeview EMS, 651-430-4621
Describe plans to provide first aid, if needed:
Call 911
Describe the emergency action plan if severe weather should arise:
Have folks go indoors / Water Street Inn
List any other pertinent information:
This event is asking the city to waive park fees and parking fees for this first year. This is an effort to get more people
downtown and assist the businesses around COVID. Will need approximately 5 parking spots in lot 9 and the park will need to
be plowed in the area by PD Pappys. Will work with city staff to review the exact location.
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. 1 realize my submittal of this application request constitutes a contract between myself and the
City of Stillwater and i •se of Liability.
Signs ure of Ap ' ' . or • • • . . - . t
11/5/2020
Date
11/5/2020 greaterstillwaterchamber.com Mail - Fire and Ice (Cream) hot air balloon weekend...January 2021...
Robin Anthony <director@greaterstillwaterchamber.com>
Fire and Ice (Cream) hot air balloon weekend...January 2021...
1 message
aamodts@aol.com <aamodts@aol.com> Sun, Oct 25, 2020 at 12:13 PM
Reply -To: aamodts@aol.com
To: "director@greaterstillwaterchamber.com" <director@greaterstillwaterchamber.com>, aamodts@aol.com
Robin,
For the inaugural year for this event, especially considering Covid is still with us, I am suggesting we scale down our
original plan of 5 balloons. We can still have an effective balloon presence downtown Stillwater and attract lots of
people with colorful, family friendly events while keeping costs down with 3 balloons.
As we discussed, I am proposing our first official event as a flight with 3 balloons lifting off just south of Pappy's near
the river on Friday. Our flight times are directly related to the times of sunrise and sunset times. There are 2 times of
day that balloons can fly...either at sunrise or just before sunset. In the middle of January, sunrise is at about 7:30am
and sunset is at about 5:00pm. We will also be doing a moon glow (or candlestick if it's too windy) after sunset. This
is where we set the balloons up after dark and burn the burners to make the balloons glow. Keep in mind that each
balloon is about the size of a 9 story building so it is quite a sight.
The events I am proposing look like this...
Friday balloon launch around 3:30pm.
Friday moon glow at around 5:30pm.
Saturday balloon launch at sunrise around 7:30am.
Saturday balloon launch around 3:30pm.
Saturday moon glow at around 5:30pm.
Sunday balloon launch at sunrise around 7:30am.
(All of this weather permitting of course. But, the pilots and crew will show up no matter what to interact with
spectators.)
To make an event such as this happen, the following topics need to be addressed...
- 4 hotel rooms with 2 beds each. 1 for me as the organizer and 3 for the pilots and crew. Thursday, Friday and
Saturday nights.
- $500 for me as the organizer and $500 for each pilot to cover balloon, pilot and crew expenses ($2000).
- Propane for each balloon, each event. Unfortunately, this can vary greatly depending on what the weather allows us
to do. I am going to make an estimation of 100 to 300 gallons total for the weekend. I am guessing that you may be
able to work out a deal with one of the convenience stores for $3-$4 per gallon? The 300 side of that means that
EVERY event was able to happen with the weather.
- Coffee and bakery items for the pilots and crew each morning and afternoon for the pilot meetings before each of the
4 flights.
- It is traditional for there to be a "pilot pack" in each hotel room. I can go over with you the kinds of items that are
traditionally included.
- Basket and trailer banners for sponsors.
- Snow plowing for launch area.
Just a suggestion but maybe some very good deals could be worked out with local businesses in exchange for a
"balloon sponsorship" for each of the 3 balloons. For example, maybe Chris from the Crosby would be willing to
donate or give a great deal for the rooms to have his logo on a basket and trailer. Or a convenience store in exchange
for propane, etc.
Feel free to email or call me with any questions you may have.
-Scott Aamodt
Aamodt's Hot Air Balloon Rides
651-274-0177
https://mail.google.com/mail/u/0?ik=8955d79a8a&view=pt&search=all&permthid=thread-f%3A1681544705713378265%7Cmsg-f%3A1681544705713... 1/1
Plan for Fire & Ice —January 29-31
Flight times are directly related to the times of sunrise and sunset times.
Friday balloon launch 3:30pm and Friday moon glow at 5:30pm. Moon glow = (or candlestick if it's too windy) after sunset. This is where we set
the balloons up after dark and burn the burners to make the balloons glow. Keep in mind that each balloon is about the size of a 9-story building
so it is quite a sight.
Saturday balloon launch at sunrise 7:30am, Saturday balloon launch 3:30pm, and Saturday moon glow at 5:30pm
Sunday balloon launch at sunrise 7:30am
(All of this weather permitting of course. However, the pilots and crew will show up no matter what to interact with spectators
Balloon
Parking for Balloons
Saturday the 30th there will be the traditional Ice Cream Social in conjunction with this small display.
T HF BBIRTH PLACE MINNESO1A
STILLWATER
CITY COUNCIL
SERVICE AWARD
On behalf of a grateful City and upon the recommendation of leading citizens, the
Mayor and City Council hereby extend recognition to
3'iw. Sgt. Steue S(wzieu
i hi/3 , e'tuice to thte Cite and its city fot 21 gewt , the Caurtcie exteucts thei
appteciation fox fti/3 dedicated i e'uice, widte's Pum meet in the Attune,
and for outstanding service in support of the City of Stillwater's mission.
Ted Kozlowski, Mayor
Date of recognition: December 1, 2020
T HF BBIRTH PLACE MINNESO1A
STILLWATER
CITY COUNCIL
SERVICE AWARD
On behalf of a grateful City and upon the recommendation of leading citizens, the
Mayor and City Council hereby extend recognition to
Ail
kt PleIL ettuice ta, the Ott" and its citketus fat 8 gewt , the Cotuwia e/xtetuts the&
appteciatian fan fie'C dedicated 6e ice, w view hot wed in tie',
and for outstanding service in support of the City of Stillwater's mission.
Ted Kozlowski, Mayor
Date of recognition: December 1, 2020
4111wa ter
The Birthplace of Minnesota
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
CITY COUNCIL MEETING MINUTES
November 10, 2020
REGULAR MEETING 4:30 P.M.
Mayor Kozlowski called the meeting to order via Zoom at 4:35 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker and Polehna
Absent: Councilmember Weidner
Staff present: City Administrator McCarty
City Attorney Land
City Clerk Wolf
Community Development Director Turnblad
Finance Director Provos
Fire Chief Glaser
Interim Police Chief Jacobson
Library Director Troendle
Public Works Director Sanders
OTHER BUSINESS
Bakertilly TIF Analysis Report
Mikaela Huot, Director, Bakertilly, provided an overview of tax increment financing (TIF)
and reviewed the status of each of the City's existing TIF Districts. She concluded that TIF
has resulted in increased capacity and market value growth for the City.
Ameresco Investment Grade Energy Audit
Eric Laumeyer, Senior Account Executive with Ameresco, reviewed a proposal for LED
upgrades for the Fire Station, Rec Center parking lot, and Lily Lake interior and exterior.
There would be $240,000 project costs, with annual energy savings of $9,600, and a utility
rebate of $28,000. The project does not require any capital contribution from the City. He
mentioned that Ameresco can also replace street lights with LED fixtures, for future
consideration.
Councilmember Polehna asked if Ameresco could replace the acorn lights on the south end
of Lowell Park along the river; and Mr. Laumeyer answered that if they are part of the
streetlight conversion being discussed with SEH, and are owned by the City, Ameresco could
replace them.
Mayor Kozlowski inquired if the projected savings do not materialize, who pays the
difference; and Mr. Laumeyer replied if the cost savings does not materialize, Ameresco will
cover it by either fixing the project to ensure savings are being met, or paying the City for
the difference. Savings are guaranteed.
City Administrator McCarty stated that staff recommends that the project proceed. The next
step is to draft an energy services agreement to bring back for Council approval with a
resolution.
City Council Meeting November 10, 2020
Lakeview Hospital Development Cost Sharing
Community Development Director Turnblad stated that at some time in the future Lakeview
Hospital will develop their property at the northeast quadrant of Highway 36 and Manning
Avenue. Prior to that occurring there will be public infrastructure construction, including
the Highway 36 interchange; extension of sewer and water to Central Commons south of
Highway 36; and extension of Curve Crest Boulevard to 62nd Street through the Lakeview
property. The extension of sewer and water to Central Commons will require crossing
Lakeview property along a portion of the future Curve Crest Boulevard right-of-way.
Lakeview Hospital asks the City Council to consider reducing the costs associated with the
construction of Curve Crest Boulevard through their property. The total cost of extending
Curve Crest to 62nd Street is estimated to be about $2.6 million. About $700,000 would
typically be considered Lakeview Hospital's cost. In support of their request, Lakeview
offered to donate the entire right-of-way for Curve Crest, even though it would not all be
required to serve their future campus and commercial area. They will not be asking for a
reduction in their share of sewer and water improvements. There are three options to
reduce the costs: waiving all or part of the AUAR fee; waiving all or part of park and trail
fees; and tax abatement. He discussed each option.
Mayor Kozlowski asked when would the Curve Crest extension occur if not for Lakeview's
future development; and Mr. Turnblad answered that only the commercial acreage on the
west side of the property is likely to need Curve Crest construction within the next few
years. The connection through the entire property would happen at an undetermined future
date. Even if no road were constructed within the next several years, the City would still
need to extend sewer and water as part of the alignment for the future Curve Crest.
Mayor Kozlowski inquired if the property were not owned by Lakeview and was still
agricultural, who would pay for the Curve Crest extension to Central Commons; and Mr.
Turnblad responded that trunk sewer and water would be assessed to the acreage and the
assessment would be deferred, due to the property's agricultural status, until development
occurred.
On a question by Councilmember Polehna about how the county road project impacts this
request; Mr. Turnblad replied that timing is still uncertain when 58th Street would connect
Manning to Stillwater Boulevard on the south side of Highway 36. However, the right-of-
way (ROW) for the Highway 36/Manning Avenue interchange does affect the Lakeview
property directly.
Councilmember Polehna asked if the ROW is being donated or purchased; and Mr. Turnblad
answered that the county will purchase the ROW for the Highway 36 interchange.
Mayor Kozlowski inquired how much of that purchase price ends up as the City's cost? The
City's share of interchange costs is $2.5 million; and Mr. Turnblad replied that it is not
known yet.
On a question by Mayor Kozlowski if it would make sense to consider some kind of exchange
for the old hospital campus, for example an option to purchase it at reduced value based on
City needs for housing and so on, in order to have control over what happens with that site.
He reminded the Council that every $100,000 pulled out of general taxes means a 1%
increase in the levy. He supports continuing negotiations with Lakeview Health.
Page 2 of 8
City Council Meeting November 10, 2020
Theodore Wegleitner, Chief Executive Officer for Lakeview Health, responded that Lakeview
has always intended to have a conversation with the City and the community regarding what
would be the best use of the old campus after they move. They do not intend to operate three
different campuses. He pointed out that once Curve Crest is extended, there is incentive for
the hospital to begin developing its property. Developing the west side will help pay for the
future hospital campus in whatever phases it might occur.
Councilmembers Junker, Polehna and Collins indicated that they would not be in favor of
tax abatement, but are willing to look at other waivers of fees. Councilmember Polehna
added that the City's job is to provide good quality of life for its residents, to include hospital
services, so it is important to keep working on this.
STAFF REPORTS
Public Works Director Sanders reported that the South Main Street electrical cabinet is
being repaired. He informed the Council that goats will be used along Long Lake for about
three weeks to eradicate buckthorn.
Interim Police Chief Jacobson stated that 28 applications were received for a police officer
opening. The Department also is going through a Sergeant promotional process and has
good internal applicants. Officers are doing a great job responding to an increasing number
of mental health crisis calls.
Community Development Director Turnblad stated some ordinances will be updated this
winter. There will be a joint meeting with the Planning Commission November 30. Residents
may continue to submit comments on the Aiple Park plan.
City Clerk Wolf thanked election judges and staff. She reminded the Council of the
Canvassing Board meeting via Zoom on November 13.
City Attorney Land summarized the new Governor's Executive Order that restricts social
gatherings to 10 people or less. There will be huge impacts on venues, bars and restaurants.
City Administrator McCarty stated the Water Board/Public Works transition plan is in
progress with six weeks to go. He reported that the Friends of the Gateway Trail Association
thanked the City for the fountain at Brown's Creek Park.
Library Director Troendle informed the Council of a website facelift. Fundraising events will
take place November 17 and December 10. He thanked the IT Department for expanding
WIFI on the Library property.
RECESS
Mayor Kozlowski recessed the meeting at 6:20 p.m.
RECESSED MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order via Zoom at 7:05 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna and Weidner
Absent: None
Staff present: City Administrator McCarty
Page 3 of 8
City Council Meeting November 10, 2020
City Attorney Land
City Clerk Wolf
City Planner Wittman
Community Development Director Turnblad
Finance Director Provos
Fire Chief Glaser
Interim Police Chief Jacobson
Public Works Director Sanders
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
RECOGNITIONS OR PRESENTATIONS
There were no recognitions or presentations.
OPEN FORUM
There were no public comments.
CONSENT AGENDA
October 20, 2020 regular meeting minutes
Payment of Bills
Boards/Commissions Appointments
Council Chambers Audio Upgrade Agreement
Ordinance 1156, Lodging Tax Ordinance - 2nd Reading
Restaurant 232, LLC dba Matchstick New Off -sale Liquor License
Riverbank Restoration and River Walkway DNR Grant Extension Agreement
Sanitary Sewer Adjustment
Resolution 2020-098, approval increase to Railroad Lease Payment
Resolution 2020-099, approving Liquor License Business Name Change from
Stillwater KC Hall to Stillwater Event Center and approving new On -Sale and
Sunday Liquor License
Resolution 2020-100, approving U.S. Bench Corporation License
Resolution 2020-101, a resolution authorizing the City of Stillwater to declare and
dispose of Surplus Equipment according to law
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the
Consent Agenda. All in favor.
PUBLIC HEARINGS
CPC Case No. 2020-54 Zoning Map Amendment, Preliminary Plat, and associated variances for
proposed subdivision White Pine Ridge at 12950 75th Street
Mayor Kozlowski announced this public hearing is being postponed to December 1, 2020.
Page 4 of 8
City Council Meeting November 10, 2020
CPC Case 2020-55 Conditional Use Permit and associated variances for a patio remodel,
bathroom addition and trash enclosure building at 127/131 Main Street South
Mayor Kozlowski stated a public hearing is not required for this case. The CUP was reviewed
and approved at the last Planning Commission meeting. No public comment was received.
St. Croix Riverbank Restoration and Riverbank Cultural Resource Review to consider Section
106 requirements for the St. Croix River Restoration and Riverwalk Project
City Planner Wittman reviewed the riverbank restoration project between Nelson Street
East and the southern City limit along the St. Croix River shoreline. The purpose of the
project is to stabilize the shoreline, while separating users to provide pedestrian safety in
an area where there is significant pedestrian, cyclist, and vehicular congestion. Because of
funding requirements, the project must be reviewed for direct and non -direct impacts on
cultural and historic resources in the area. Ms. Wittman summarized identified resources,
public engagement efforts, assessment of effects, and outlined mitigation measures the City
has taken to help ensure there are no adverse impacts to the known historical, cultural and
archaeological resources.
City Planner Wittman then explained that on the City's 10' easement area, there will be a
5.75' tall soldier piled wall along the walkway below the patio area of Dock Cafe, with
concrete panels between steel I -beams. The City had previously thought to carry the wall
design to the new wall, but the new wall design is seen to be separate and distinct from the
existing levee wall, to help delineate what is historic and what is new. Assessing this
segment area, concern was raised about the impact the design would have on Lowell Park.
From 1914 to the 1960s, this area was accessory to the lumbering and milling activities,
pretty much void of vegetation. The goal is to get stable water -tolerant vegetation in an area
that is inundated with flooding. The concrete will change to asphalt and then a grade -
separated walkway will run along the corridor. Separating the walkway trail from vehicular
access is the primary concern. The existing railing will be moved further over after the
hillside has been re-established. The railing will carry along to first overlook location. While
trees will be removed, an extensive vegetation plan will include shrubs and vegetation. The
overlook itself will be minimally visible, due to St. Croix Boat and Packet docks blocking the
view of the overlook. She explained the overlook design and its purpose to get people who
are looking at boats and the river off of the trail.
Councilmember Weidner asked if vehicles are prohibited from the trail already; and Ms.
Wittman answered that this is a pinch point; the vehicular access route and Loop Trail are
one and the same through here, but are not well delineated.
Public Works Director Sanders added that the Loop Trail and this new pedestrian walkway
will be separated by a 2-3' wide concrete pavement, which will be where the drainage flows.
There will still be some conflict area between pedestrians and vehicles.
City Planner Wittman indicated that the conflict area will be reduced because of the
designated pedestrian walkway. She went on to explain the two additional overlooks that
will tie into the Loop Trail. One will be in an area where historically there were railroad
trestles; the third overlook will be closer to the City's southern boundary in an area that has
been heavy with debris. One of the biggest concerns about overlook design was the blocky
nature of the overlooks. A cantilevered design was suggested, but there are public safety
concerns with that type of a design. Historically, there were blocky structures protruding
Page 5 of 8
City Council Meeting November 10, 2020
out along the shoreline. Tonight's goal is to summarize whether or not the project will have
direct or indirect effects on the historic and cultural resources in the area before submitting
the project to SHPO.
Mayor Kozlowski opened the public hearing, reiterating that any comments should be
focused on potential impacts on historical, cultural and archaeological resources.
Joel Button, representing the Dock Cafe, asked if there will be a City Council meeting
specifically allowing the public to talk about other issues related to the walkway, other than
historical resources and Section 106; and Public Works Director Sanders answered that it
is not a public improvement process with public hearings. The only other meetings where
this will be brought back to the Council are for authorization for the project and approval of
the bids.
Mr. Button inquired if the City applied for a Section 408 modification to the Corps of
Engineers Wall on the north end of the Dock Cafe property; and Ms. Wittman respondend
that there will be no modification to the Corps wall; its integrity will be preserved. The City
did not want to modify that structure in any way without having a structural engineer's
assessment, so they were able to work around it.
Mr. Button then asked if the integrity of the Dock's deck has been considered; and Mr.
Sanders replied that it has been looked at by the consultant, who informed the City that
there would not be any impacts to the integrity.
Mr. Button asked if the DNR has reviewed this plan yet; and Mr. Sanders responded yes. The
City applied for a permit from the DNR and Corps of Engineers, and it is under their review
right now.
Mr. Button referred to Ms. Wittman's remarks about the area related to the private area
where vegetation will be removed. He stated it is the elm trees on the Dock's property. He
stated Ms. Wittman mentioned that area is inundated with flooding and that more
sustainable vegetation will be planted, which will take 10-20 years to grow back. He asked
if the City is aware the elm trees are the perfect vegetation to tolerate flooding; and City
Planner Wittman responded that she may have misspoken. In the area of the City's public
easement, that entire easement will be encompassed by a trail. No new vegetation will be
put in that easement area.
Mr. Button stated Ms. Wittman mentioned removing vegetation. He stated he has seen the
drawings related to the Dock's property and they intimate the removal of all the trees on
the Dock's property, even those outside the City's easement; and Ms. Wittman responded
that she cannot comment on that.
Mr. Button asked, will there be a time in the future when the funding of this project will be
made public; and Mr. Sanders replied that there are two funding sources, the City ($1.65
million) and a State grant for another $1.65 million.
Mr. Button asked, will it be delineated how much money is paid to Mr. Anderson for his
property; and Mr. Sanders answered that the Anderson property granted the City the
easement without any compensation.
Mr. Button asked how much land was involved; and Mayor Kozlowski asked if that has
anything to do with the historic character and archaeological resources?
Page 6 of 8
City Council Meeting November 10, 2020
Mr. Button replied no it does not, but these are very emotional topics that need answers.
The Council must be aware of the Dock Cafe's distaste for this and lack of communication
from the City.
Mayor Kozlowski replied that outside of him reaching out directly to Mr. Button's client, he
has heard nothing from anybody on this project. He encouraged Mr. Button to reach out to
City staff and the Council. He closed the public hearing.
City Planner Wittman thanked the Council for the direction to keep moving forward with
the project.
UNFINISHED BUSINESS
Federal CARES Act Funding Program Updates
City Administrator McCarty explained that the City received $1.5 million in federal CARES
Act funds to offset eligible expenditures incurred due to the COVID-19 virus. City staff has
reviewed and analyzed all eligible expenditures incurred by the City and recommends that
the City Council accept the report on the final allocation of the Federal CARES Act
Disbursement.
Motion by Councilmember Polehna, seconded by Councilmember Collins, to accept the report.
All in favor.
Holiday Lights Installation Agreement
Mayor Kozlowski summarized that a group has been meeting to explore ideas to generate
activity in downtown Stillwater during the slower winter months, and the Council has
approved the use of funds to decorate Main Street. He thanked Councilmember Junker for
going door to door to get permission from building owners to decorate their properties.
Governor Walz and Commissioner Kelleher helped the City obtain a permit that allows the
decoration of the historic lift bridge with lights.
Councilmember Polehna added that he obtained a donation from Cub Foods to be used to
light up the pedestrian plaza via a computer -controlled display. It will be changed in
February to a Valentines theme, and shamrocks for St. Patrick's Day.
City Administrator McCarty reviewed the proposed Holiday Lights Installation Agreement.
The vendor agreement has been reviewed by the City Attorney. Staff recommends approval.
Motion by Councilmember Junker, seconded by Councilmember Collins, to approve the Holiday
Lights Installation Agreement. All in favor.
Historic Lift Bridge MnDOT Limited Use Permit
Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the permit
application. All in favor.
NEW BUSINESS
There was no new business.
Page 7 of 8
City Council Meeting November 10, 2020
COUNCIL REQUEST ITEMS
Councilmember Polehna thanked all veterans in recognition of Veterans Day.
ADJOURNMENT
Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor.
The meeting was adjourned at 8:05 p.m.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Resolution 2020-098, approval increase to Railroad Lease Payment
Resolution 2020-099, approving Liquor License Business Name Change from
Stillwater KC Hall to Stillwater Event Center and approving new On -Sale and
Sunday Liquor License
Resolution 2020-100, approving U.S. Bench Corporation License
Resolution 2020-101, a resolution authorizing the City of Stillwater to declare and
dispose of Surplus Equipment according to law
Ordinance 1156, amending Chapter 56 of the City Code of the City of Stillwater,
Section 56-5, Local Lodging Tax
Page 8 of 8
4111wa ter
The Birthplace of Minnesota
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
CITY COUNCIL MEETING MINUTES
November 17, 2020
REGULAR MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order via Zoom at 7:02 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna and Weidner
Absent: None
Staff present: City Administrator McCarty
City Attorney Land
City Clerk Wolf
Community Development Director Turnblad
Finance Director Provos
Fire Chief Glaser
Interim Police Chief Jacobson
Public Works Director Sanders
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
RECOGNITIONS OR PRESENTATIONS
There were no recognitions or presentations.
OPEN FORUM
There were no public comments.
STAFF REPORTS
Public Works Director Sanders stated that MnDOT approved holiday lighting on the lift
bridge. Extending power will cost $6,000.
Motion by Councilmember Junker, seconded by Councilmember Collins, to approve the
expenditure of $6,000 to extend power to light the bridge. All in favor.
Interim Police Chief Jacobson informed the Council that Sgt. Steve Hansen is leaving the
Department to be the Oak Park Heights Police Chief.
Fire Chief Glaser reported that COVID testing is available at the Stillwater Armory and free
in -home COVID test kits are available online. The new fire engine is arriving in early
December.
Community Development Director Turnblad stated that building permit applications are
steady.
City Clerk Wolf stated yard waste pickup is behind due to high volumes and loss of
employees due to COVID.
City Council Meeting November 17, 2020
City Administrator McCarty reported the Public Works transition planning continues. The
Truth in Taxation meeting is December 1.
CONSENT AGENDA
November 13, 2020 Record of Canvassing Board minutes
Payment of Bills
Resolution 2020-102, a resolution amending Resolution 2020-051 regarding the
temporary waiver of city code permit & zoning requirements to promote
physical and social distancing for business activities during the COVID-19 health
pandemic
Resolution 2020-103, Board of Water Commission Adoption of Assessments
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the
Consent Agenda. All in favor.
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
CPC Case 2020-40/2020-52 Final Plat and Final PUD for Phase 1 of Central Commons
Community Development Director Turnblad reviewed the case. Central Commons, LLC, is
developing the 35.3-acre property at the southeast quadrant of Manning Avenue and State
Highway 36 as a mixed use project over several phases. The developer is requesting:
1) approval of Final Plat and Development Agreement for Phase 1; and 2) approval of Final
Planned Unit Development (PUD) for Phase 1. The Planning Commission has reviewed the
sign plan and the developer agrees with the recommendation. Staff recommends approval
of the Final Plat and Final PUD for Phase 1 with 15 conditions.
Councilmember Junker asked if there is any update on 58th Street; and Mr. Turnblad replied
that currently, 58th Street is not in the County's 5 year capital improvement plan, but elected
officials are working behind -the -scenes to try to hasten that schedule.
Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution
2020-104, a resolution approving the final plat for Central Commons Addition, Case No. 2020-
40, and Resolution 2020-105, a resolution approving the final planned unit development for
Phase One of Central Commons Addition, Case No. 2020-52. All in favor.
Appointment of Brian Mueller as Police Chief
City Administrator McCarty reported that Brian Mueller is recommended for the position of
Police Chief effective January 11, 2021.
Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution
2020-106, approving the appointment of Brian Mueller as Police Chief for the City of Stillwater
effective January 11, 2021. All in favor.
Page 2 of 4
City Council Meeting November 17, 2020
Brian Mueller shared his excitement and complimented the Council on the interview
process.
Liquor and Tobacco License Renewals for 2021
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt
Resolution 2020-107, approving renewals of liquor licenses and tobacco licenses for 2021. All
in favor.
2021 Employee Group Health Insurance Opt Out Option
City Administrator McCarty stated that the City realized about $40,000 in net savings due to
the opt out option. Staff recommends that the Council extend the program for another year.
Councilmember Weidner applauded the efforts of staff to achieve savings.
Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution
2020-108, employee group health insurance opt out option. All in favor.
COUNCIL REQUEST ITEMS
There were no Council request items.
CLOSED SESSION
Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn to closed
session pursuant to Minnesota Statutes § 13D.05, Subd. 3(b), for confidential attorney -client
discussion re negotiation and litigation risks for condemnation of 8005 Neal Avenue North and
425 Nelson Street E. All in favor. The meeting was adjourned to closed session at 7:35 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna
Also present: City Administrator McCarty, Public Works Director Sanders and City Attorney
Land.
Motion by Councilmember Collins, seconded by Councilmember Junker, to reopen the
meeting. All in favor. The meeting was reopened at 8:25 p.m.
ADJOURNMENT
Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor.
The meeting was adjourned at 8:26 p.m.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Resolution 2020-102, a resolution amending Resolution 2020-051 regarding the
temporary waiver of city code permit & zoning requirements to promote
Page 3 of 4
City Council Meeting November 17, 2020
physical and social distancing for business activities during the COVID-19 health
pandemic
Resolution 2020-103, Board of Water Commission Adoption of Assessments
Resolution 2020-104, a resolution approving the final plat for Central Commons
Addition, Case No. 2020-40
Resolution 2020-105, a resolution approving the final planned unit development for
Phase One of Central Commons Addition, Case No. 2020-52
Resolution 2020-106, approving the appointment of Brian Mueller as Police Chief for
the City of Stillwater effective January 11, 2021
Resolution 2020-107, approving renewals of liquor licenses and tobacco licenses for
2021
Resolution 2020-108, employee group health insurance opt out option
Page 4 of 4
RESOLUTION 2020-
ADOPTING DELINQUENT SEWER CHARGES
PROJECT NO. 0001
WHEREAS, it is the policy of the City of Stillwater to certify to the County the
delinquent utility charges.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Stillwater, Minnesota, which the attached list constitutes the delinquent sewer charges and
is hereby levied as an assessment against those parcels and the total is $127,189.04
Adopted by the Stillwater City Council this 1st day of December 2020.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
PIN
28.030.20.34.0058
28.030.20.33.0083
19.030.20.14.0036
29.030.20.44.0029
29.030.20.44.0026
28.030.20.34.0110
19.030.20.12.0053
28.030.20.41.0159
19.030.20.22.0011
32.030.20.42.0021
32.030.20.32.0030
28.030.20.33.0074
28.030.20.33.0100
29.030.20.44.0020
29.030.20.44.0031
29.030.20.44.0041
19.030.20.14.0018
29.030.20.44.0114
29.030.20.44.0116
29.030.20.44.0118
29.030.20.43.0016
29.030.20.43.0020
29.030.20.43.0019
29.030.20.43.0027
29.030.20.43.0034
29.030.20.43.0030
29.030.20.43.0047
28.030.20.23.0113
28.030.20.32.0086
28.030.20.32.0125
28.030.20.32.0085
28.030.20.32.0075
28.030.20.32.0058
28.030.20.32.0129
28.030.20.32.0140
28.030.20.32.0142
28.030.20.32.0074
28.030.20.34.0007
19.030.20.32.0047
28.030.20.34.0092
28.030.20.23.0075
28.030.20.32.0113
28.030.20.32.0088
28.030.20.23.0121
28.030.20.23.0136
28.030.20.23.0133
28.030.20.32.0107
28.030.20.24.0102
28.030.20.31.0134
2020 Assessments on Delinquent Sewer Bills
Amount
$ 485.20
$ 460.00
$ 63.25
$ 414.00
$ 80.75
$ 348.00
$ 235.25
$ 816.00
$ 366.20
$ 380.60
$ 2,463.50
$ 522.60
$ 383.45
$ 597.20
$ 73.75
$ 148.00
$ 87.75
$ 355.00
$ 433.40
$ 499.20
$ 348.00
$ 618.20
$ 2,165.20
$ 686.80
$ 751.20
$ 362.00
$ 169.85
$ 369.00
$ 182.50
$ 405.40
$ 72.00
$ 453.00
$ 348.00
$ 348.00
$ 412.40
$ 122.35
$ 294.05
$ 348.00
$ 87.75
$ 522.60
$ 244.70
$ 405.40
$ 73.75
$ 116.00
$ 348.00
$ 534.55
$ 73.75
$ 68.00
$ 724.60
PIN
28.030.20.31.0135
28.030.20.31.0049
28.030.20.31.0043
28.030.20.31.0123
28.030.20.31.0138
28.030.20.31.0031
28.030.20.31.0009
28.030.20.31.0023
28.030.20.31.0024
28.030.20.24.0111
28.030.20.13.0169
28.030.20.13.0076
19.030.20.32.0043
28.030.20.13.0127
28.030.20.42.0070
28.030.20.13.0139
28.030.20.24.0075
28.030.20.24.0054
28.030.20.23.0140
28.030.20.23.0049
28.030.20.23.0047
28.030.20.24.0047
28.030.20.12.0115
28.030.20.12.0078
28.030.20.24.0016
28.030.20.23.0015
28.030.20.22.0089
28.030.20.22.0099
28.030.20.22.0095
28.030.20.22.0076
28.030.20.22.0075
28.030.20.21.0107
28.030.20.22.0043
28.030.20.21.0093
28.030.20.21.0094
28.030.20.21.0088
28.030.20.21.0079
28.030.20.21.0077
28.030.20.21.0023
28.030.20.22.0054
28.030.20.22.0041
21.030.20.33.0090
21.030.20.33.0101
28.030.20.21.0029
28.030.20.21.0016
28.030.20.21.0022
28.030.20.21.0053
21.030.20.34.0142
21.030.20.34.0134
Amount
$ 244.70
$ 348.00
$ 147.25
$ 635.00
$ 260.45
$ 250.00
$ 108.75
$ 355.00
$ 348.00
$ 348.00
$ 178.75
$ 348.00
$ 73.75
$ 94.75
$ 348.00
$ 348.00
$ 812.80
$ 73.75
$ 340.40
$ 893.00
$ 348.00
$ 594.40
$ 724.50
$ 559.00
$ 348.00
$ 348.00
$ 348.00
$ 73.75
$ 382.00
$ 439.00
$ 348.00
$ 538.40
$ 531.40
$ 147.50
$ 355.00
$ 73.75
$ 460.20
$ 296.40
$ 383.00
$ 423.60
$ 73.75
$ 373.50
$ 201.65
$ 348.00
$ 348.00
$ 457.20
$ 112.65
$ 154.00
$ 433.70
21.030.20.34.0158
21.030.20.34.0067
32.030.20.32.0049
21.030.20.33.0061
21.030.20.33.0070
21.030.20.34.0027
28.030.20.12.0029
28.030.20.12.0026
19.030.20.32.0021
21.030.20.43.0106
21.030.20.43.0054
21.030.20.43.0021
21.030.20.42.0009
21.030.20.43.0017
21.030.20.43.0074
21.030.20.14.0033
21.030.20.14.0034
29.030.20.41.0105
29.030.20.41.0055
29.030.20.14.0066
29.030.20.41.0092
29.030.20.41.0081
29.030.20.41.0098
29.030.20.44.0055
29.030.20.34.0020
32.030.20.21.0009
28.030.20.11.0035
28.030.20.41.0041
28.030.20.41.0053
28.030.20.42.0100
33.030.20.31.0054
33.030.20.31.0071
33.030.20.31.0007
33.030.20.24.0012
33.030.20.24.0027
33.030.20.32.0009
32.030.20.44.0006
29.030.20.33.0048
29.030.20.33.0054
29.030.20.33.0010
30.030.20.44.0045
32.030.20.22.0107
31.030.20.11.0098
31.030.20.13.0046
31.030.20.13.0039
31.030.20.13.0004
31.030.20.11.0088
31.030.20.11.0090
31.030.20.11.0010
31.030.20.11.0006
31.030.20.14.0038
31.030.20.14.0035
$ 930.60
$ 73.75
$ 477.50
$ 147.50
$ 348.00
$ 738.60
$ 348.00
$ 348.00
$ 94.75
$ 451.62
$ 733.00
$ 369.00
$ 699.40
$ 248.00
$ 94.75
$ 348.00
$ 446.00
$ 546.80
$ 546.80
$ 348.00
$ 602.80
$ 148.00
$ 295.83
$ 348.00
$ 398.40
$ 725.05
$ 1,386.50
$ 895.80
$ 650.00
$ 901.00
$ 220.75
$ 235.25
$ 288.45
$ 439.00
$ 636.40
$ 773.60
$ 807.00
$ 348.00
$ 348.00
$ 2,534.80
$ 362.00
$ 294.00
$ 348.00
$ 73.75
$ 467.00
$ 235.25
$ 348.00
$ 492.20
$ 348.00
$ 175.75
$ 154.50
$ 270.25
32.030.20.23.0046
32.030.20.22.0007
31.030.20.11.0038
31.030.20.11.0019
31.030.20.11.0033
31.030.20.11.0050
32.030.20.22.0012
32.030.20.22.0020
32.030.20.22.0054
32.030.20.22.0059
32.030.20.21.0043
32.030.20.22.0085
32.030.20.22.0095
32.030.20.23.0055
32.030.20.21.0022
29.030.20.32.0076
29.030.20.32.0083
29.030.20.32.0088
30.030.20.41.0007
30.030.20.41.0006
29.030.20.32.0044
30.030.20.41.0022
32.030.20.33.0015
33.030.20.33.0022
20.030.20.13.0011
29.030.20.43.0067
29.030.20.42.0009
29.030.20.42.0020
29.030.20.24.0050
29.030.20.24.0051
29.030.20.24.0011
29.030.20.24.0018
29.030.20.24.0005
20.030.20.24.0009
33.030.20.14.0067
20.030.20.24.0032
20.030.20.21.0020
33.030.20.14.0071
20.030.20.21.0050
34.030.20.23.0079
34.030.20.23.0081
34.030.20.22.0006
34.030.20.23.0047
34.030.20.23.0090
20.030.20.33.0036
20.030.20.34.0016
20.030.20.34.0009
29.030.20.21.0009
29.030.20.21.0030
20.030.20.33.0071
20.030.20.33.0070
20.030.20.43.0013
$ 2,105.00
$ 212.75
$ 81.00
$ 364.50
$ 80.75
$ 238.60
$ 402.60
$ 220.75
$ 201.65
$ 348.00
$ 348.00
$ 348.00
$ 531.40
$ 391.40
$ 558.10
$ 205.00
$ 315.05
$ 248.75
$ 171.75
$ 1,083.00
$ 348.00
$ 488.00
$ 323.00
$ 186.00
$ 536.00
$ 73.75
$ 427.80
$ 355.00
$ 852.00
$ 644.80
$ 728.80
$ 108.75
$ 200.00
$ 366.20
$ 348.00
$ 62.00
$ 958.40
$ 348.00
$ 348.00
$ 189.50
$ 73.00
$ 3,127.80
$ 341.20
$ 839.40
$ 398.40
$ 340.25
$ 189.50
$ 129.75
$ 485.20
$ 589.60
$ 262.45
$ 298.25
21.030.20.33.0012
21.030.20.32.0003
21.030.20.33.0002
20.030.20.44.0007
29.030.20.31.0031
29.030.20.31.0052
29.030.20.31.0051
32.030.20.13.0050
32.030.20.12.0058
32.030.20.12.0053
32.030.20.13.0065
32.030.20.13.0087
32.030.20.13.0085
32.030.20.13.0032
32.030.20.13.0029
21.030.20.13.0062
21.030.20.13.0064
21.030.20.13.0053
21.030.20.13.0044
21.030.20.13.0046
21.030.20.13.0020
21.030.20.24.0040
21.030.20.24.0028
21.030.20.24.0015
32.030.20.13.0097
32.030.20.14.0048
32.030.20.14.0093
32.030.20.12.0070
31.030.20.31.0045
31.030.20.31.0078
30.030.20.34.0012
30.030.20.34.0032
30.030.20.33.0059
30.030.20.34.0017
30.030.20.34.0050
30.030.20.31.0017
31.030.20.41.0050
31.030.20.41.0047
19.030.20.34.0034
19.030.20.34.0015
34.030.20.23.0094
34.030.20.22.0076
33.030.20.11.0111
33.030.20.14.0022
33.030.20.14.0025
33.030.20.14.0015
33.030.20.11.0136
33.030.20.11.0013
28.030.20.42.0165
28.030.20.42.0108
31.030.20.43.0002
30.030.20.42.0023
$ 548.00
$ 260.45
$ 348.00
$ 87.75
$ 348.00
$ 474.00
$ 348.00
$ 85.25
$ 147.50
$ 323.00
$ 503.40
$ 355.00
$ 262.75
$ 348.00
$ 539.80
$ 235.25
$ 348.00
$ 348.00
$ 235.25
$ 348.00
$ 912.20
$ 565.00
$ 348.00
$ 73.75
$ 348.00
$ 227.75
$ 646.20
$ 233.00
$ 87.75
$ 1,020.00
$ 73.75
$ 953.00
$ 87.75
$ 171.75
$ 129.75
$ 677.00
$ 397.00
$ 348.00
$ 348.00
$ 148.60
$ 492.20
$ 180.89
$ 689.60
$ 371.15
$ 492.20
$ 485.20
$ 348.00
$ 348.00
$ 348.00
$ 1,370.00
$ 193.50
$ 73.75
33.030.20.11.0044
33.030.20.14.0120
33.030.20.14.0122
33.030.20.14.0128
33.030.20.41.0012
33.030.20.14.0049
28.030.20.43.0059
33.030.20.11.0081
28.030.20.42.0089
33.030.20.12.0017
33.030.20.12.0156
33.030.20.13.0045
33.030.20.13.0029
33.030.20.13.0021
33.030.20.13.0030
33.030.20.13.0061
33.030.20.12.0130
28.030.20.42.0116
28.030.20.42.0133
33.030.20.12.0039
33.030.20.12.0051
33.030.20.12.0049
33.030.20.12.0091
33.030.20.12.0065
33.030.20.12.0080
33.030.20.21.0116
33.030.20.21.0001
33.030.20.21.0041
33.030.20.21.0024
33.030.20.21.0019
33.030.20.22.0055
19.030.20.34.0044
19.030.20.34.0052
30.030.20.33.0033
19.030.20.34.0065
19.030.20.34.0060
19.030.20.42.0007
19.030.20.42.0011
19.030.20.41.0009
19.030.20.24.0027
19.030.20.13.0017
19.030.20.12.0011
30.030.20.22.0010
30.030.20.11.0014
19.030.20.32.0008
19.030.20.24.0004
30.030.20.12.0008
30.030.20.23.0008
19.030.20.32.0033
705.00
384.40
147.50
348.00
283.00
263.25
560.80
323.00
441.80
348.00
348.00
$ 1,001.80
458.60
825.60
235.25
348.00
430.75
122.35
355.00
522.60
348.00
432.00
502.00
348.00
285.25
430.60
553.00
488.00
94.75
348.00
$ 457.20
$ 238.80
$ 485.60
$ 744.20
$ 267.70
$ 492.20
$ 672.80
$ 4,017.40
$ 216.20
$ 471.00
$ 155.40
66.00
154.00
59.25
79.00
193.50
188.25
231.25
$ 73.75
$ 127,189.04
RESOLUTION 2020-
ADOPTING DELINQUENT SOLID WASTE CHARGES
PROJECT NO. 0002
WHEREAS, it is the policy of the City of Stillwater to certify to the County the
delinquent solid waste bill charges.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Stillwater, Minnesota, which the attached list constitutes the delinquent solid waste
bill charges and is hereby levied as an assessment against those parcels and the total
is $69,925.27
Adopted by the Stillwater City Council this 1st day of December 2020.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
PIN
33.030.20.11.0013
33.030.20.11.0136
33.030.20.14.0120
33.030.20.14.0128
28.030.20.43.0059
33.030.20.11.0067
33.030.20.13.0061
33.030.20.12.0039
33.030.20.12.0051
33.030.20.12.0091
34.030.20.23.0090
28.030.20.24.0075
21.030.20.13.0064
32.030.20.13.0097
28.030.20.12.0026
28.030.20.13.0083
29.030.20.43.0062
32.030.20.24.0046
33.030.20.21.0019
33.030.20.24.0027
31.030.20.11.0017
31.030.20.14.0035
28.030.20.31.0049
28.030.20.21.0023
29.030.20.33.0010
29.030.20.14.0066
33.030.20.32.0030
28.030.20.23.0140
28.030.20.21.0107
28.030.20.24.0039
28.030.20.33.0100
28.030.20.34.0007
28.030.20.33.0027
28.030.20.23.0113
28.030.20.23.0126
31.030.20.11.0050
29.030.20.33.0048
20.030.20.21.0020
20.030.20.24.0009
29.030.20.43.0020
28.030.20.33.0074
28.030.20.32.0079
33.030.20.12.0067
21.030.20.34.0138
28.030.20.31.0135
28.030.20.12.0078
28.030.20.32.0058
31.030.20.11.0098
28.030.20.32.0075
2020 Assessments on Delinquent Solid Waste Bills
Amount
$ 496.77
$ 345.47
$ 409.23
$ 343.89
$ 256.64
$ 61.02
$ 418.21
$ 467.22
$ 399.52
$ 408.58
$ 400.70
$ 345.47
$ 408.58
$ 408.58
$ 409.52
$ 405.70
$ 496.77
$ 177.29
$ 345.47
$ 496.77
$ 364.75
$ 240.30
$ 345.47
$ 409.52
$ 501.72
$ 345.47
$ 405.70
$ 87.00
$ 415.98
$ 79.75
$ 156.11
$ 404.49
$ 100.59
$ 399.52
$ 612.73
$ 159.54
$ 249.74
$ 409.52
$ 257.11
$ 415.78
$ 403.58
$ 183.31
$ 409.52
$ 77.17
$ 172.29
$ 620.26
$ 443.34
$ 408.58
$ 521.03
PIN
29.030.20.43.0030
33.030.20.12.0017
31.030.20.11.0090
21.030.20.13.0053
29.030.20.24.0051
29.030.20.42.0011
21.030.20.43.0045
32.030.20.13.0029
32.030.20.22.0020
28.030.20.32.0085
29.030.20.24.0050
32.030.20.22.0012
31.030.20.11.0085
32.030.20.24.0050
28.030.20.21.0094
28.030.20.21.0093
33.030.20.11.0111
29.030.20.41.0105
32.030.20.14.0008
28.030.20.34.0110
29.030.20.32.0044
29.030.20.43.0041
33.030.20.14.0071
33.030.20.21.0116
28.030.20.42.0116
32.030.20.21.0093
28.030.20.31.0023
21.030.20.34.0158
33.030.20.13.0057
31.030.20.13.0004
33.030.20.32.0025
20.030.20.21.0015
19.030.20.34.0052
29.030.20.44.0020
28.030.20.23.0133
28.030.20.12.0029
33.030.20.11.0044
32.030.20.21.0009
32.030.20.12.0070
32.030.20.13.0087
29.030.20.41.0092
34.030.20.23.0094
29.030.20.24.0011
28.030.20.12.0115
19.030.20.34.0060
28.030.20.42.0133
21.030.20.33.0093
33.030.20.14.0132
32.030.20.22.0046
Amount
$ 608.34
$ 442.31
$ 496.77
$ 345.47
$ 411.70
$ 1,017.13
$ 55.78
$ 538.16
$ 152.02
$ 384.93
$ 487.59
$ 487.41
$ 458.65
$ 335.80
$ 378.90
$ 230.90
$ 400.45
$ 399.39
$ 483.66
$ 496.07
$ 199.58
$ 404.12
$ 396.57
$ 409.52
$ 472.13
$ 345.47
$ 412.50
$ 517.05
$ 70.74
$ 170.85
$ 132.80
$ 487.43
$ 443.20
$ 420.82
$ 100.00
$ 337.74
$ 339.67
$ 405.70
$ 491.40
$ 406.33
$ 451.74
$ 509.65
$ 400.45
$ 475.38
$ 159.85
$ 400.45
$ 99.83
$ 537.62
$ 339.98
28.030.20.32.0067
28.030.20.23.0015
33.030.20.14.0022
32.030.20.14.0061
29.030.20.34.0093
28.030.20.34.0062
28.030.20.42.0118
33.030.20.32.0023
32.030.20.13.0065
33.030.20.12.0130
21.030.20.34.0014
20.030.20.21.0050
32.030.20.22.0085
33.030.20.14.0025
21.030.20.34.0027
28.030.20.24.0102
21.030.20.34.0076
29.030.20.34.0020
19.030.20.13.0017
33.030.20.12.0156
32.030.20.22.0059
21.030.20.14.0034
21.030.20.14.0033
28.030.20.13.0139
19.030.20.34.0034
29.030.20.43.0016
19.030.20.13.0016
20.030.20.33.0071
28.030.20.22.0043
33.030.20.32.0009
19.030.20.12.0034
28.030.20.24.0047
28.030.20.21.0091
33.030.20.21.0041
33.030.20.13.0045
28.030.20.31.0088
32.030.20.21.0043
19.030.20.22.0011
30.030.20.44.0046
29.030.20.33.0054
31.030.20.41.0050
28.030.20.13.0076
21.030.20.32.0003
33.030.20.12.0080
19.030.20.31.0053
28.030.20.42.0070
29.030.20.11.0024
28.030.20.31.0132
28.030.20.42.0165
28.030.20.34.0043
29.030.20.11.0057
20.030.20.33.0070
343.41
426.04
450.22
64.47
142.80
441.40
443.20
345.47
555.42
61.40
349.26
423.08
490.86
683.48
626.76
99.35
269.13
400.45
486.20
494.80
485.06
489.89
405.44
400.45
329.52
403.43
76.61
223.40
496.77
403.32
80.12
395.70
299.64
391.55
489.51
1,260.33
345.47
475.93
215.49
374.83
165.85
399.15
171.45
94.02
267.41
409.52
326.02
799.34
320.05
492.77
434.98
380.34
28.030.20.12.0294
32.030.20.21.0094
32.030.20.23.0055
30.030.20.44.0051
21.030.20.42.0009
32.030.20.21.0091
28.030.20.22.0075
20.030.20.43.0055
28.030.20.21.0029
32.030.20.23.0036
29.030.20.31.0052
19.030.20.14.0018
28.030.20.21.0079
29.030.20.44.0055
28.030.20.23.0047
29.030.20.44.0116
29.030.20.43.0047
21.030.20.34.0142
33.030.20.13.0024
31.030.20.41.0047
32.030.20.21.0083
21.030.20.33.0002
29.030.20.44.0026
32.030.20.22.0095
34.030.20.23.0047
33.030.20.11.0072
29.030.20.31.0031
28.030.20.34.0092
32.030.20.13.0085
28.030.20.24.0016
28.030.20.32.0113
33.030.20.11.0112
29.030.20.31.0051
33.030.20.12.0010
28.030.20.22.0076
32.030.20.21.0102
30.030.20.41.0006
32.030.20.32.0049
33.030.20.32.0011
21.030.20.33.0083
21.030.20.34.0095
21.030.20.43.0106
28.030.20.23.0075
21.030.20.34.0134
19.030.20.34.0028
33.030.20.11.0081
17.030.20.14.0002
28.030.20.24.0026
32.030.20.21.0098
29.030.20.44.0114
339.18
399.22
220.34
95.12
103.09
336.06
342.29
272.41
220.70
489.89
463.50
202.31
119.61
403.37
469.30
477.71
282.10
341.20
103.09
259.06
380.69
100.26
435.90
406.31
84.49
80.12
449.70
792.38
103.09
356.99
477.19
146.08
477.65
425.26
196.18
368.32
341.51
102.83
79.42
366.62
176.24
338.71
378.28
332.35
75.12
84.57
129.02
97.13
103.31
148.17
69,925.27
tiftwater
THE BIRTHPLACE OF MINNESOTA
PLANNING REPORT
DATE: November 25, 2020
TO: Mayor & Council Members
RE: Bluestone Physician Services parking request
FROM: Bill Turnblad, Community Development Director
INTRODUCTION
Bluestone Physician Services at 201 N. 2nd St has requested the reservation of two
parking spaces on 2nd Street in front of their building. The spaces would be for in and
out COVID-19 testing. Hours of operation are 9:00 a.m. - 4:00 p.m. Monday thru Friday.
COMMENTS
• Signs are placed curbside to reserve the two spaces.
• The signs are removed when business closes on Friday and are put back on
Monday morning.
• The Downtown Parking Commission recommended approval of the request and
also recommended waiving the parking reservation fee. The fee would be
$9/ space/ day.
ACTION
If the City Council decides to approve the request and waive the fee, the decision can be
enacted by a simple voice vote.
bt
RESOLUTION NO. 2020-
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING THE CITY OF STILLWATER
TO DECLARE AND DISPOSE OF SURPLUS EQUIPMENT ACCORDING TO LAW
WHEREAS, by Minnesota Statutes, Sections 471.345 and 471.3459, the City is
authorized and empowered to dispose of surplus equipment; and
WHEREAS, the City recently purchased new fire department radios and
chargers and no longer needs its 3 Motorola APX 7000 portable radios.
NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater
hereby declares the 3 Motorola APX 7000 portable radios as surplus equipment and
authorizes the disposal thereof pursuant to statute.
Adopted by the City Council of the City of Stillwater, Minnesota this 1st day of
December, 2020.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
MUTUAL AID AGREEMENT
THIS MUTUAL AID AGREEMENT ("Agreement") is made effective as of December 1,
2020, by and among the City of Saint Paul and the City of Stillwater, political subdivisions of the
State of Minnesota, pursuant to the provisions of Minnesota Statutes §471.59, the Joint Powers
Act ("Agreement").
WHEREAS, The Parties desire to be prepared to adequately address fire, flood, natural
disaster, civil disturbance, or any other Emergency that may occur within the jurisdictions of the
Parties; and
WHEREAS, In order to protect the public peace and safety, and to preserve the lives and
property of people in each jurisdiction, the Parties agree to furnish Assistance to one another in
the event of said emergencies.
NOW, THEREFORE, The Parties hereby agree to furnish Assistance to each other upon
the terms and conditions set forth in this Agreement.
I. Purpose
The general purpose of this Agreement is to enable the Parties and their respective law enforcement
personnel to come to the aid of the other Party to this Agreement as permitted in Minnesota Statutes
§471.59 and Minnesota Statutes § 12.331. This Agreement is limited to the named Parties.
II. Definitions
The capitalized terms in this Agreement shall have the following meanings:
Assistance means the provision of law enforcement personnel, services, equipment, supplies and
related resources.
Emergency means any disaster including, but not limited to, a multi -alarm fire; casualty involving
the damage, collapse or destruction of private or public infrastructure; accident or occurrence
involving one or more modes of transportation including, but not limited to air, rail, vehicular or
watercraft; civil disorder or disturbance; release of contaminates or pollutants, hazardous
substances or hazardous waste that necessitates the evacuation of occupants from structures or
some defined geographic area; any quarantine or limitation on the movement of persons due to
disease or threat to health and safety of the general population; any threat to national security;
"Disaster" and "Emergency" as defined in Minnesota Statutes § 12.03; and "Emergency" and
"Major disaster" as defined in 44 CFR Sections 206.2(a)(9) and (17).
1
Incident Commander means the ranking peace officer designated by the Requesting Party to be
responsible for overseeing the management of Emergency Responders and for the planning,
logistics and finances at the field level during an Emergency.
Party means a governmental unit as defined by Minnesota Statues, §471.59, Subdivision 1.
"Parties" shall collectively mean more than one Party.
Providing Party means the entity that provides mutual aid Assistance to the Requesting Party.
Providing Official means the person designated by the Party who is responsible to determine
whether and to what extent that Party should provide assistance to the Requesting Party.
Requesting Party means the entity that requests mutual aid Assistance under this Agreement.
Self -Deployment means deploying resources without a request for mutual aid Assistance from a
Requesting Party.
State means the State of Minnesota.
III. Assistance
A Party may request Assistance from the other Party to respond to an Emergency or as a participant
in drills or exercises authorized under legislation or this Mutual Aid Agreement. A request for
Emergency Assistance shall be made by a Requesting Party to a Providing Party by contacting the
Providing Official or his/her designee. Requests may either be verbal or in writing. Any verbal
requests will be followed by a written request made by the Requesting Party to the Providing
Official or his/her designee as soon as practical or within such period of time as provided by law.
Requests and responses to requests under this Agreement are limited to law enforcement
personnel, services, equipment, supplies, and related resources.
In the case of an Emergency for which a Requesting Party will likely seek reimbursement of costs
from the Federal Emergency Management Agency (FEMA) or the State of Minnesota, the
Requesting Party shall make the request for Assistance to each Providing Party and the Incident
Commander shall monitor and oversee the documentation of the performance of Emergency work
and the documentation of reasonable and reimbursable costs of a Providing Party in accordance
with the FEMA Disaster Assistance Policy and will disburse the federal share of funds owed to a
Providing Party.
2
In response to a request for Assistance under this Agreement, a Providing Party may authorize and
direct personnel to go to the aid of a Requesting Party. The Providing Party shall provide personnel
who possess the required qualifications along with the equipment and supplies of the Providing
Party to the Requesting Party at the discretion of the Providing Party within the scope of the aid
deemed necessary by the Requesting Party and the Incident Commander.
IV. Workers' Compensation
Each Party will be responsible for injuries or death of its own personnel. Each Party will maintain
workers' compensation insurance or a program of self-insurance covering its own personnel while
they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue any
other Party for any workers' compensation benefits paid to its own employee or volunteer or their
dependents, even if the injuries were caused wholly or partially by the negligence of any other
Party or its officers, employees, or volunteers.
V. Damage to Equipment
Each Party shall be responsible for damages to or loss of its own equipment used to respond to an
Emergency under this Agreement. Each Party waives the right to sue any other Party for any
damages to or loss of its equipment, even if the damages or losses were caused wholly or partially
by the negligence of any other Party or its officers, employees, or volunteers.
VI. Charges to the Requesting Party
A.) A Providing Party may charge a Requesting Party for Assistance rendered under the terms
of this Agreement only when local, State and/or federal funding is available by submitting
to the Requesting Party an itemized bill for the actual cost of any Assistance provided. The
charges for Assistance provided pursuant to this Agreement will be based upon the actual
costs incurred by the Providing Party, including salaries or wages, overtime, materials,
supplies and other necessary expenses, except that the Parties agree that the Federal
Emergency Management Agency equipment rates will be used as the basis for equipment
charges whenever possible.
B.) If a local, State, or federal Emergency is declared, and applicable funds become available,
a Providing Party may charge a Requesting Party for Assistance rendered under the terms
of this Agreement. The Providing Parties will submit to the Requesting Party an itemized
bill for the actual cost of any Assistance provided as described in section VI.A.. The
Requesting Party is responsible to take all steps it deems necessary to seek reimbursement
from the United States of America, the State of Minnesota or other sources, to the extent
that such reimbursement is available, for expenses it incurs for services provided pursuant
to this Agreement.
3
C.) Charges assessed by a Providing Party are contingent upon the availability of local, State
and/or federal government funds or the declaration of a major disaster or Emergency by
the federal or State government. Should funding become available, the Requesting Party
may reimburse the Providing Party to the extent possible under the terms of this
Agreement. Any claims for reimbursement by the Providing Party must be made to the
Requesting Party within 90 days after the expense is sustained or incurred.
D.) No Party will be responsible for the reimbursement of Self -Deployment costs.
VII. Limitations
A Party's decision to provide Assistance in response to, or recovery from, an Emergency, or in
authorized drills or exercise is subject to the following conditions:
A.) A Party may withhold resources to the extent necessary to provide reasonable protection
and services within its own jurisdiction.
B.) A Party may recall Assistance at any time in the best interests of that Party.
C.) Emergency response personnel of a Providing Party shall follow the policies and
procedures of the Providing Party and will be under the Providing Party's command and
control but will follow the operational direction of the Incident Commander and be subject
to the incident management system of the Requesting Party.
D.) Assets and equipment of a Providing Party shall remain under the control of the Providing
Party but shall be under the operational control of the Incident Commander within the
incident management system of the Requesting Party.
VIII. Term of Agreement
This Agreement shall be in full force and effect from December 1, 2020 through December 31,
2026, subject to Section XV Withdrawal of Party/Termination of Agreement.
IX. Liability and Indemnification
For purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statues, §466), the
employees and officers of a Providing Party are deemed to be employees (as defined in Minnesota
Statues, §466.01, Subdivision 6) of the Requesting Party.
The Requesting Party agrees to defend and indemnify the Providing Party against any claims
brought or actions filed against the Providing Party or any officer, employee, or volunteer of the
Providing Party for injury to, death of, or damage to the property of any third person or persons,
arising from the performance and provision of Assistance in responding to a request for Assistance
by the Requesting Party pursuant to this Agreement.
4
Under no circumstances, however, shall a Party be required to pay on behalf of itself and the other
Party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter
466 applicable to any one Party. The limits of liability for one or both of the Parties may not be
added together to determine the maximum amount of liability for any Party.
The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and
indemnify the Providing Party for claims arising within the Requesting Parry's jurisdiction subject
to the limits of liability under Minnesota Statutes §466. The purpose of creating this duty to defend
and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and
to permit liability claims against multiple defendants from a single occurrence to be defended by
a single attorney.
Neither Party to this Agreement or any officer of any Party shall be liable to the other Party or to
any other person for failure of any Party to furnish Assistance to the other Party, or for recalling
Assistance, both as described in this Agreement.
Nothing in this Agreement is intended to prevent or hinder the pursuit of applicable State or federal
benefits to personnel who respond or render Assistance pursuant to an Emergency request and
sustain injury or death in the course of, and arising out of, their employment and response or
Assistance under this Agreement.
Providing Party shall not be responsible for any injuries, damages or losses arising from the acts
or omissions of personnel of the Requesting Party and its officers, employees, agents and assigns.
X. General Compliance
Both Parties agree to comply with all applicable federal, State and local laws and regulations
governing any services provided under this Agreement.
XI. Accounting Standards and Retention of Records
A.) Accounting — Both Parties agree to maintain the necessary source documentation and
enforce sufficient internal controls as dictated by generally accepted accounting practices
and as required by FEMA to properly account for expenses incurred under this Agreement.
B.) Retention of Records - Both Parties will retain all records pertinent to expenditures incurred
under this Agreement as required by the applicable records retention schedule.
5
XII. Data Practices
Both Parties agree to comply with the Minnesota Government Data Practices Act and all other
applicable State and federal laws relating to data privacy or confidentiality. Each Party must
immediately report to other Party any requests from third parties for information relating to
activities performed pursuant to this Agreement. Each Party agrees to promptly respond to
inquiries from the other Party concerning data requests. Each Party agrees to hold the other Party,
their officers and employees harmless from any claims resulting from unlawful disclosure or use
of data protected under state and federal laws by the disclosing Party.
XIII. Applicable Law
The laws of the State of Minnesota shall govern all interpretations of this Agreement and any
litigation which may arise under this Agreement.
XIV. Non -Discrimination
All Parties agree to comply with the provisions of all applicable federal and State statutes and
regulations pertaining to civil rights and nondiscrimination including, without limitation,
Minnesota Statutes §181.59 and §363A.
XV. Withdrawal of Party/Termination of Agreement
A.) Without Cause. Either Party may withdraw from this Agreement without cause upon thirty
(30) days written notice to the designated recipients for the other Party. If withdrawal is
without cause, the Party shall pay the withdrawing Party all reimbursements and payments
to which it is entitled under this Agreement, to the date of withdrawal. Any withdrawing
Party must also pay all obligations owed to any other Party under this Agreement, to the
date of withdrawal.
B.) For Cause. A Party may terminate this Agreement if another Party fails to perform in
accordance with the provisions of this the Agreement in a proper and timely manner, or
otherwise violates the terms of this Agreement. The non -defaulting Party shall have the
right to terminate this Agreement, if the default has not been cured after ten (10) days
written notice has been provided.
C.) This Agreement shall terminate upon expiration of the Term or by mutual written
agreement of both Parties in the form of a resolution by the Party's governing body.
XVI. Severability
Should a court of competent jurisdiction rule any portion, section or subsection of this Agreement
invalid or nullified, that fact shall not affect or invalidate any other portion, section or subsection;
and all remaining portions, sections or subsections shall remain in full force and effect.
6
FOR THE CITY OF SAINT PAUL
Approved
Approved
Approved
Approved
Todd Axtell, Chief of Police
Melvin Carter, Mayor
John McCarthy, Director of Financial Services
Judy Hanson, Assistant City Attorney
Designee for purposes of receipt of Notice:
Title: Deputy Chief of Police, Community Engagement Division
Address: 367 Grove Street, Saint Paul Minnesota 55101
FOR THE CITY OF STILLWATER
Approved
Approved
Approved
Approved
Approved
Bob Jacobson, Interim Chief of Police
Ted Kozlowski, Mayor
Tom McCarty, City Administrator
Kori Land, City Attorney
Beth Wolf, City Clerk
Designee for purposes of receipt of Notice:
Title: Captain Nathan Meredith
Address: Stillwater Police Dept., 216 4th St North, Stillwater, MN 55082
7
iliwater
THE B f FIT H P L A C E OF MINNESOIA
MEMO
MEETING DATE: December 1, 2020
TO: Mayor Ted Kozlowski and City Council members
REGARDING: North Aiple Park Plan Update
PREPARED BY: Abbi Jo Wittman, City Planner
INTRODUCTION
The City has received the final draft of the "North Aiple" park plan. The final plan draft was
released for stakeholder and general public comment on October 30th with a comment deadline
of November 13th. Enclosed is the draft plan as well as a summary of comments received from
stakeholders and the general public; all comments are available upon request.
The final plan is anticipated to be implemented in three phases over the next 10+ years. Short-
term projects, to be completed in the next five years, include sites access, connection to the
Browns Creek State Trail, an ADA accessible canoe/kayak launch and fishing pier
improvements. Mid -Term Projects, to be completed in 5-10 years, include parking lot expansion,
conversion of the detached garage to picnic shelter/pond overlook, and construction of the pond
trail, benches and overlooks. Long-term projects include the full conversion of the Aiple
residence to a community gathering space and non -motorized rental facility and south
kayak/canoe launch and fishing pier.
In addition to capital improvements planned, the document includes an extensive vegetation
management system for the park. The plan breaks down the site into nine different management
units, detailing general recommendations for each of these units. In addition to invasive species
removal, the plan calls for reestablishment of native plant species and communities to help
ensure long-term site sustainability. Some areas of the park are in need of further evaluation,
such as shore stabilization and the possibility of establishing the trout pond for public use.
All improvements come at a total cost of $2.5 million with vegetation management activities
totaling $165k if the City were to subcontract all implementation and necessary oversight.
However, a variety of local, state and federal partners have been identified to assist the City in
the development and management of this property. As an example, the National Parks Service
has already been in discussions with the City about the Federal Lands Access Program could
fund up to 80% of the cost for transportation facility improvements that provide access to the St.
Croix National Scenic Riverway. Additionally, staff is in preliminary discussions with private
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THE B f FIT H P L A C E OF MINNESOIA
donors who have an interest in development components. So, plan priorities could shift
depending on partnerships, funding sources, and grant cycles.
SPECIFIC REQUEST
City staff is requesting the City Council provide final comment on the plan and move to approve
the plan, as amended.
ANALYSIS
The plan was developed with respect to the property's use -limiting conservation easement. With
regard to the public comments received, there is overwhelming support for passive recreational
uses of this site; these comments reflect the City's commitment to uphold the conservation
easement and the intentions for the acquisition of the property. Concern has been raised that the
amenities of this site will result in increased users, thus detracting from the quiet nature of the
site.
Kayaking, canoeing and paddle board sports — including onsite rentals — were noted as amenities
that are strongly desired. Furthermore, connection to the Browns Creek State Trail, picnicking
and restroom additions to the site were listed as some of the more notable features of the site.
Some commenters encouraged the City to consider using all site facilities year-round whereas at
least one commenter was not in favor of onsite picnicking due to the possibility of increase
trashed and user dominance.
Of those who commented on drop-off and parking, most were in favor of limiting parking to the
southerly, off -site location. However, one user recommended the City consider a larger parking
area for accessible stalls. As the Commission is aware, the site's impervious surface
improvements must be balanced with what is existing. All asphalt proposed for the site will be
permeable which does come at an added cost to the city. Where possible, the City has aimed to
include mowed paths in addition to ADA accessible natural surface paths to help reduce the
overall site coverage, ensuring new impervious surface treatments can be achieved.
Some commenters desired seeing improvements that were not included in the plan. These
included active recreational options including, but not limited to, playgrounds, swimming pools,
and river water slides. While these amenities may be nice in the area, they are in conflict with
the conservation easement limiting the property to passive recreational uses. Additional
installations recommended were for a bird observation blind to be installed on the property.
While bird watching will be able to occur on the site, the City did not account for installing a
bird blind in the final draft plan. While one might be able to be incorporated, it may require
shifting other improvements around or removal of others.
The northern area of the park plan is one area where City staff and the consulting team did not
meet stakeholder desires and would like to amend the final draft. To maintain separation
between the private and public property, the fence on the northern property boundary will need
iliwater
THE B r R T H P L A C E OF MINNESOIA
to be maintained. City staff has discussed relocation of the fence to the northern side of the pond
trail, limiting parkland users from going off trail in this location. Additionally, there will not be
public connection to the northern property line and northern property line vegetation should be
extended to the river.
RECOMMENDATIONS
On November 23 the Parks and Recreation Commission reviewed the draft plan and public
comments. Overall the Commission is pleased with the plan and voted (5-0) to recommended
approval of the plan with the staff noted changes on the north side of the park. The Commission
did not, however, recommend the addition of a bird blind to the park nor did they make
recommendation on year-round use of the building and restrooms. That said, a majority of
Commissioners present expressed concern for the retention of the building, citing the struggles
the City has in maintaining structures in their park system as one reason the 1960s residence
should not be converted and retained for future public use.
Staff recommends the Council discuss the final draft, noting any desirable changes aside from
those outlined by staff. If the Council is favorable, staff recommends the Council move to
approve the plan as amended. Once amendments have occurred, staff will bring the final plan
back to the Council after amendments are made.
Attachments: Draft for Public and Stakeholder Review without Appendix*
11/19/2020 Public Comment Summary
* Appendices available upon request
DRAFT for
Public and
Stakeholder
NORTH AIPLE PARK
MASTER PLAN
TILLWATER, MN
DRAFT October 9, 2020
1[1151
Mil Dar.. ad.e
A ACKNOWLEDGEMENTS
Stillwater City Council
Ted Kozlowski (Mayor)
Ryan Collins Ward 1
David Junker Ward 2
Tom Weidner Ward 3
Mike Polehna Ward 4
Stillwater Park and Recreation Commission
Linda Amrein
David Brandt
Scott Christensen
Pamela Jo Johnson
Tim Moore
Sam Nelson
Mike Polehna
Sandy Snellman
Stephanie Souter
Staff
Bill Turnblad, Community Development Director
Abbi Jo Wittman, City Planner
Graham Tait, Zoning Administrator
Consultants
HKGi - park planning and landscape architecture
FOR - natural resources
MDA - architecture
NORTH AIPLE PARK MASTER PLAN
0
0
0
TABLE OF CONTENTS
01 INTRODUCTION & PROJECT BACKGROUND. 4
Project Purpose 4
Site Context 4
Existing Site Conditions 6
Existing Site Images. 8
Timeline of North Aiple Park's History. 12
Previous Planning .14
Public & Stakeholder Engagement .14
02 DEVELOPMENT PLAN. 16
Aiple Residence. 22
Proposed Building Modifications. 24
03 VEGETATION MANAGEMENT PLAN. 26
Overview 26
Landscape Description. 26
Site Inventory. 27
Stewardship Goals and Management Recommendations. 29
04 IMPLEMENTATION & COST ESTIMATES. 32
Phasing 32
Development Phasing Plan 33
Development Costs. 34
Vegetation Management Phasing & Cost Estimate. 35
Funding Options & Sources. 36
Operations and Maintenance Considerations. 37
05 APPENDIX 38
Conceptual Site Planning (2016-2017). 38
Zephyr Theatre Parking Expansion: Exhibit A. 43
Concept Plan: Impervious Surface Calculations. 44
Development Cost Estimate Detail 45
Vegetation Management Cost Estimate Detail. 46
Summary of Online Input (Social Pinpoint). 48
Other Background Items (Baseline Report, Conservation Easement, Phase 1 Report) 52
NORTH AIPLE PARK
Property Features
0.6 mile of St. Croix River
shoreline
• 15 acres total
• Grotto and natural seeps
along the rocky bluffs lining
the west side of the property
• Pond on the north side of
the property with foot path
around its circumference
• Aiple residence (1960s home
situated in the middle of the
property with views of the
river)
CONSERVATION
EASEMENT
Washington County holds a
Conservation Easement over
the Aiple property which limits
development of the site. Of note
are the following requirements:
The City agrees to develop
the site as a public park,
restore much of the property
to natural conditions, provide
passive recreational uses,
complete a management
plan, and own and maintain
the property.
There is to be no
development on the site
that increases the amount of
impervious surface on site.
INTRODUCTION &
PROJECT BACKGROUND
PROJECT PURPOSE
This planning document is meant to guide the future development and
vegetation management for the City of Stillwater's North Aiple Park
property located on the St. Croix River. Guided by the approved concept
plan and in compliance with the property's conservation easement,
the master plan utilizes community input regarding site needs and
improvements as well as outlines, in detail, the vegetation management of
the site.
This master plan builds upon work that was completed in 2017 to create
an updated conceptual master plan for the site. Recommendations in
the previous plan include a connection to the Brown's Creek State Trail,
addition of an ADA accessible fishing pier, additional loop trails throughout
the park, interpretive signage and trailhead facilities, and restoration
of vegetation and natural shoreline improvements. The current master
planning process has evolved those recommendations and considers
potential reuse of the existing building on the site.
SITE CONTEXT
North Aiple Park is located in northeast Stillwater, along the St. Croix River.
The Brown's Creek State Trail runs along the west side of the property.
Minnesota State Highway 95 runs north and south along the west side of
the property and provides vehicular access to the site. Historic downtown
Stillwater is located less than one mile south of the park site. The property
includes over half a mile of river shoreline, with a sandy beach located near
the Aiple residence.
NORTH AIPLE PARK MASTER PLAN
North Aiple Park Context Map
•
Legend
- DNR Land ® Public Boat
Access
- Open Water Trailhead
Downtown
Stillwater Proposed
Trails
Project
Site _ Existing
Trails
Stillwater
Boundary ® Water Trail
City
Boundaries * Washington County, MN
Regional Trail System
State Pending Finalization*
Boundaries
•
•
•
•
♦
♦
♦
•
•
•
•
•
•
Stillwater
Brown's Creek
• State Trail -
Oak Park Heights
Baytown
Stillwater
Township
St. Croix Boorr
WISCONSIN
•
A
A
•
•
111
ft Bridge
Loop Trail
Baypnrt
EXISTING SITE CONDITIONS
m
0
rTD
rD
v .
Space
for path
partially
benched
into bluff -
could
provide
seconda
acc
ont
1 n°
A •r8 . •sg ' f
Elm Street would facilitate
neighborhood access to site
co
0
n
rD
0)
co
lei
Pond filled with duckweed/mucky in places
• Aeration could help
Natural Pool and Cave
• Major point of interest
+/- 10' Berm along either side of path
• Very steep
• Some buckthorn/undesirable species
• Re -engineering slope to prevent erosion and
introduce beneficial species would be ideal
Dilapidated Bridge
• Used to be a lower path around pond
• C uld create a boardwalk to introduce
aflother experience/ viewpoint
Garage (creek runs beneath)
• Could be repurposed to provide information for natural
resources interpretation + room for equipment storage
Beach/Boat Launch
Creek at base of bluff
Mid-century Rambler
• Requires 1 million+ in HVAC replacement, adapted interiors,
and ADA updates in order to convert to a public space
Lawn with scattered landscape beds and remnant
foundations
• Landscaping does not create spaces- should be removed or
reconfigured
Remnant foundations here could be highlighted and feature
interpretive elements
Lawn with rows of evergreens
• Spruces take up space without benefit. Should be removed
or limbed up if possible.
dequate space/grade for a canoe/kayak launch if preferred to boat launch
at beach, or an additional put -in is desired
Wooded Lawn
Tree -lined Entry Drive
11.
L•:.
Gate
L Y�
r
Vehicular Entrance A.•
Densely vegetated, swampy woods
• Many invasives/undesirable species present
• Scattered demolition debris (bricks, rebar, wire, etc.)
• 2.5 acre VIC Area may contain impacted soils below debris
(unknown)
• Could be selectively cleared and paved for expanded
parking, or kept natural for seasonal natural surface trails
(snowshoeing/hiking), or an off leash dog park ?•
ty•
'
Gateway Opportunity into Park from Downtown
•
0
250
500
1,000
1,500
2,000
Feet
NORTH AIPLE PARK MASTER PLAN
Site Cross Sections
Legend
Non-native dedduous woodland
Midwest dry limestone/dolostone cliff
Oak forest mesic subtype
▪ Short grasses and mixed trees with Impervious cover
• Voluntary Investigation and Cleanup
10' Contours
▪ St. Croix River
Parcels 2015
Rivers and Streams
Freshwater Emergent Weland
rio Freshwater Forested/Shrub Wetland
▪ Freshwater Pond
0
EXISTING SITE IMAGES
Aiple Residence Area
On the river, looking west toward the Aiple residence and over the existing steel sheetwalls that were used for boat docking. July 15, 2020.
View of St. Croix River from site (looking northeast). July 15, 2020.
View of beach, steel sheetwalls, and Aiple residence in
background from St. Croix River (looking south). July 15, 2020.
View of steel sheetwalls and beach in background (view from water, looking northwest). July 15, 2020.
NORTH AIPLE PARK MASTER PLAN
View of Aiple residence from detached garage/shed. July 15, 2020.
Existing detached garage/shed. July 15, 2020.
Southern Part of Property
Existing parking lot at southern end of site (looking south
toward Zephyr Theater. July 15, 2020.
Brown's Creek State Trail at southern end of site
(looking east). July 15, 2020.
Wooded river's edge in the southern part of the property (view from water). July 15, 2020.
NORTH AIPLE PARK MASTER PLAN
Northern Part of Property
Winter view of grotto and ice formations at northwest part
of pond. January 27, 2020.
Pond outlet structure with pond in background (looking west
from berm footpath). July 15, 2020.
Walking along the footpath around the pond. July 15, 2020.
Pond outlet structure under downed trees (view from water looking
west). July 15, 2020.
Northern property edge (view from water looking west). July 15, View of St. Croix River from berm footpath (looking east). July 15,
2020. 2020.
Winter view: Standing at the north end of the property looking south over the pond. January 27, 2020.
11
TIMELINE OF NORTH AIPLE PARK'S HISTORY
500,000,000 Years Ago:
Shallow seas deposited
sand and sediment that
formed the bedrock
we see today: marine
sandstones, shales,
and limestones from
the Cambrian and
Ordovician periods.
10,000 Years Ago:
The St. Croix River served
as a major drainage for
glacial melt waters.
Native Americans began
occupying the St. Croix
River valley.
Greg Seitz I St. Croix 360
Late 1600s:
Native Americans maintain a
presence in the area.
The name St. Croix for the river
is first recorded. Many stories
concerning the name St. Croix link
it to the early French missionaries,
or to a French fur trader who died
at the river's mouth.
March 4, 1854:
The City of Stillwater is
founded.
This year, the Schulenburg
and Boeckeler Lumber Mill is
constructed on site (burned
down in 1877).
PREHISTORY
Not to scale
1000 YEARS
AGO
1,000,000 - 14,000 Years
Ago:
At least 4 glacial epochs
deposited additional silt
and sand, while ice and
water shaped and wore
away the rock formations
in the St. Croix River valley
1837:
A treaty opened the area to
settlement by Euro-Americans.
1884-1888:
Northwest
Manufacturing Company
used the site as a paint
shop for rail cars
17th-19th Century:
The St. Croix River was a
favored fur trade route from
the Mississippi River to
Lake Superior. In 1838, the
Tamarack House was built
by Joseph Renshaw Brown,
known as a forefather of
Stillwater.
Sources: Barr Engineering Environmental Site Assessment, National Park Service, St. Croix 360, Washington County Historical Society,
Minnesota Historical Society
NORTH AIPLE PARK MASTER PLAN
1884-1916:
The property had rail lines on site
to support businesses and served
as a rail and lumber yard.
1904-1916:
Northwest Thresher Company had a
materials storage shed, a foundry, a
cleaning and castings facility, a paint
shop, and a separator warehouse on site.
1916-1924:
30,000 sf warehouse building/
paint shop demolished
1888-1889:
Minnesota Thresher
Manufacturing Company
had boarding houses, a
steam dry kiln, a foundry,
and manufacturing
warehouses on site.
1901-1904:
7,500 sf warehouse/
steam dry kiln
demolished
1888-1904:
Staples Atlee Saw Mill Co
located a sawmill onsite
and used the area for
lumber storage.
1957:
The Aiple family
buys the property
1965:
The Aiple residence is
constructed on the former
site of the Schulenburg and
Boeckeler Lumber Mill
2006:
Phase 1 Environmental Site
Assessment performed by
Barr Engineering
1938-1949:
Assorted fill is dumped on the
land within the park.
1838 Aerial
2020:
North Aiple Park
Master Plan in
progress
2017:
Washington
County purchases
the property for
public recreation.
Initial concept
plan for the park
developed.
2017 Preliminary Concept Plan for the
Aiple property
North Aiple Park: Public
Outreach Methods
• Press Release
• Project web page on City's
website
• Flyer posted in local
businesses
• Social Media (Facebook)
• Constant contact email list
• POLCO (citizen engagement
tool)
• Social Pinpoint
t
PREVIOUS PLANNING
In 2016 and 2017, the City conducted a process to evaluate site conditions
and develop a preliminary site concept plan. Input from stakeholders, City
staff and elected officials helped develop the high level concept for the
property. Recommendations in the previous plan included a connection
to the Brown's Creek State Trail, addition of an ADA accessible fishing
pier, additional loop trails throughout the park, interpretive signage and
trailhead facilities, and restoration of vegetation and natural shoreline
improvements.
The previous concept plan can be found in the Appendix of this document.
PUBLIC & STAKEHOLDER ENGAGEMENT
Engagement & Input
Stakeholder Meeting
A meeting was held at Stillwater City Hall on March 5, 2020, with
representatives from local, state, and national agencies who were invited
to provide input on the previously developed concept and discuss
implementation of potential improvements. Notable considerations
include:
• For the Wild and Scenic River designation, anything under the High
Water Level mark needs NPS review before construction.
• The National Park Service and the St. Croix River Association are
interested in seeing a kayak/canoe launch on the site as this is a missing
amenity in Stillwater, and it would be used by educational programs.
• There are potential partnership and funding opportunities for trail
connections and kayak/canoe facilities through federal and state (DNR)
grants.
• Priorities for the future of the site are to not degrade it, but rather
improve the natural vegetation and landscape, and to provide a place
where people can "touch the river" in Stillwater.
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Project web page on City's website
j;J?fk___
I 2.
Help Us Plan for the Future
of North Aiple Park!
What's Going On?
Over the next year, the City of Stillwater is creating a
master nb
r North Niple ark. Themaster plan will
include al long-range vision for the park and guide future
decisions about park activities, capital investments,
potential rre a of the existing building, and natural
resou
ce
Initial rconcept rplanning for the then newly acquired
property °ccured In Cie J. The project team Is soliciting
feedback on this concept plan In order to begin to
evolve the design.
How Can I Be Involved?
Provide input on the 2017 North Aiple
Park Concept Plan on Social Pinpoint:
https://hkgi. mysoci al p i n poi nt.com /north -a i p le -
park -master -plan#/
For updates and more information, visit:
www.ci.stillwatermmus/NorthAipleParkPlan
Wok
Outreach flyer
NORTH AIPLE PARK MASTER PLAN
• There is interest in screening the shoreline by planting natural
vegetation in places where the lawn is exposed to the river.
• Low impact and low profile structures should be considered for any
future facilities and amenities on the site.
Online Engagement
General public engagement was conducted online with an online
interactive mapping tool (Social Pinpoint) with complementary survey
questions. The Social Pinpoint site presented the 2017 Concept Plan for
the North Aiple Park property and asked viewers to provide comments on
the map by dragging pins to geographic point and providing associated
comments. The page also included a short survey asking the following
questions:
• What proposed park features do you like?
• What elements do not make sense?
• Do you have specific thoughts or ideas on other ways you'd like to use
the park?
The Social Pinpoint page was open during the month of February, 2020,
and received 7,515 total site visits to the page; 87 comments provided on
the site map and previous concept plan; and 105 responses to the survey
questions.
Overall there was high interest expressed by public input in paddle sports,
passive recreation (including hiking trails along the river), beach access,
fishing, and restoration. When asking about the importance of preserving
and reusing the existing building on the site, greater than 50% indicated
preservation of the house was 'important' or'very important There
was also interest expressed in adding amenities for park users, such as
restrooms, picnic facilities, and seating or overlook areas. Most survey
respondents desire natural vegetation and restoration to be employed
throughout the site to keep a feeling of natural beauty, peace, and quiet.
There was mixed input on parking on the site. Generally, respondents think
the site should be accessible for all ages and abilities, but are concerned
that providing parking
will create overuse of the
park.
Detailed survey
responses can be found
in the Appendix.
Social Pinpoint
website screenshot
showing interactive
map with public
comments and
survey questions
North Aiple Park:
Agency Stakeholders
• MN DNR
• National Park Service
• U.S. Corps of Engineergs
• U.S. Coast Guard
Lower St. Croix Management
Commission
• State Historic Preservation
Office
• Middle St. Croix WMO
• MN DOT
• Washington SWCD
• Washington County
• St. Croix River Association
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15
DESIGN
RESOURCES &
CONSIDERATIONS
• The River Management
Society and the NPS
created a document with
design guidelines for
launches: https://issuu.com/
rivermanagementsociety/
docs/prepare to launch
update april 201
• For the Wild and Scenic River
designation, anything under
the High Water Level mark
needs NPS review before
construction.
The DNR has a Cooperative
Management Plan for the
river under Parks and Trails
DNR rules:
- River Way Ordinance — State
Rules — setbacks
- Public Waters permitting
DEVELOPMENT PLAN
This section guides the future development of park facilities and amenities,
such as trails, picnic areas, parking areas, and structures. The overall theme
of the North Aiple Park development is passive, riverfront recreation. The
development concept plan identifies proposed features at a conceptual
level. Final implementation and construction of concept plan elements
may differ from what is shown in this plan according to issues and
opportunities that arise during the design and engineering process.
While planning development features, consideration was given to existing
infrastructure, natural site features, the desire to provide access to the river,
the desire to provide access from the Brown's Creek State Trail to the site
amenities, and requirements of the Conservation Easement.
Major development recommendations include:
• An ADA accessible kayak/canoe launch near the Aiple residence with an
adjacent sandy beach for group kayak/canoe launching
• Rehabilitation of the existing detached garage/shed to create a picnic
shelter and overlook of the groundwater -fed creek
• Accessible trails running the length of the site as well as connecting to
the Brown's Creek State Trail
• Natural surface trails through wooded areas
• Picnic areas, benches, and overlooks for river viewing and fishing, along
trails where feasible
• An individual and small group kayak/canoe launch at the southern end
of the site with stairs and potential canoe slide
• Expanded parking at the southern end of the site in partnership with
the Zephyr Theatre parking
• Rehabilitation and remodeling of the existing Aiple residence to create
an outdoor recreation focused building with public access to restrooms,
potential crew boat storage, paddlecraft rental vendor space, and picnic
patio/pavilion
NORTH AIPLE PARK MASTER PLAN
Development Concept Plan
p
Existing fence
In disrepair --
remove after
Vegetation
established
Hi hk�ght natural
pool.and gi-orta as a
Feature !interpretive
opportunir
ADA accessible pedestrian
irail connection to State
frail, Bituminous surface
from State Trail to North
ftiple Park boundary#",
Crushed limestone irail
wig kin park. Bike racks
provided for bikers yjeho
want towalk the park.
balls;
Parallel PaTkIng: 2 ADA/
handicapped accesslbt
spots, T spot for nail
park ill g
Add a natural vegetation
strip between driveway.and
creek where feal�fbie
Exlsttng driveway entrance
to remain for permitted
groups,'staff, and ADA
parking only
Add directional signage
allowing ADA parking and
drop off in the park to the
north and general public
parking to the south
See Exhibit A; Expansicill of
public parking lot north of
Zephyr Theatre & entrance
road realignment
Potential 20•24 space
parking lot for trallIrebd
and south boat launfil;
Work wkth Zephyr Thea e
on puicfprlvate caul
parking lot
Extend storm sewer approximately 50' to the southeast
buffer residential use from park with vegetation.(15-ft
max. height)
Path —work with private homeowners on access
Bench and overlook at end of ADA accessible trail
Improve existing path around former trout pond Into
natural surface trail loop (Not ADA accessible on river
side due to slopefdImensions}
Existing welt structurefpond outlet & outlet pipe
Preserve pond, possible reuse for family fishing
Extend and improve existing trail route and
rehabilitate existing Not bridge feature
Rehabilitate existing garage into picnic shelter/
overiaok structure with metal grate floor to see
water run under the structure
ADA ACCESSIBLE PADDLE LAUNCH
Platform for ADA accessible paddle craft launch
with adjacent sandy beach for group launching
Existing steel sheet seawall structure -- Repurpose for
ADA accessible overlook, fishing pier
Turn-around/equipment drop-off
Existing 35- high retaining wail
Repur pose exlslirig garage for ,rendorfrepit xl
equipment area
Selective demolition of house and construction of new
re€reation building (3-season flexible use space For outdoor
education programming, restraomsr and boat storagel
Former pool roar converted to crew boat storage and open-
air pavilion; access to publr€ restraints
Remove white spruce and add pollinator -friendly plantings
Paved ADA accessible trail to the woods edge and picnic area
Picnic area, install concrete pad for 1-2 picnic tables
.. New pedestrian trail - natural surface mowed grass
path (Keep above the floodplairt)
Shoreline plarttingsfrestoration along river
Improve existing tree -lined driveway as a
permeable asphalt surface with new pull -offs
(occasional wider stretches needed to allow
oncoming vehicles to pass by)
t 00 Year flood elevation
Preserve stone gale pasts as entry monument
Remove existing inv3Siwes, implant with
prairie or oak savanna species
Trail crossing of State Trail needs to have
adequate sight lines for both trail users, warning
signage, cross at a T-interser<tiort
I# DIVIDUAL+f,ROUP PADDLE LAUNCH
Potential canoe slide and stairs with low profile
Fishing pier, paddle launch, and overlook
0
NOiES:
▪ Note location of foundation
ruins on the site —these
should not be disturbed
during site improvement
projects (future evaluation
of ruins needed}
• Shoreline stabilisation/
restoration needed in some
areas
w A buffer strip of shoreline
vegetation (native} to be
established along much
of the flverfront where
feasible
• Structures now existing or
hereinafter constructed,
must be used in
furtherance of passive
recreational uses in
compliance with easement
In appendix.
250 500
Master Plan Concept: Detail Area A
Rehabilitate existing
garage to a picnic Shelter/
overlook structure with
metal grate floor to see
water run under the
structure
ADA accessible pedestrian
trail connection to State
Trail. Bituminous suffice
from State Trail to North
Aiple Park boundary.
Crushed limestone trail
within park. bike racks
provided for bikers who
want to walk the park
trails
Turn -around and
equipment drop-off
Vendor/rental equipment
areain existing garage
Parallel Parking: 2
ADA spaces and 1 staff
parking space
Preserve pond, possible
i • irse for family fishing
wA ACCESSIBLE
PADDLE LAUNCH
ADA accessible platform
for paddle craft launch
with adjacent sandy
beach for group
launching
ADA accessible
overlook, fishing pier,
utilize existing steel
Sheet seawalis
Existing
Retaining
wall
Selective demolition of
the house, retrofitting as
new recreation building
i3•season flexible use
Space for outdoor
Education programming,
res(rorms, and boat
storage)
Former pool room
converted to crew boat
storage and open-air
pavilion; ac'c:ess to publi<
restrooms
North Canoe/Kayak Launch
The northern canoe/kayak launch
will include a platform for accessible
loading and unloading of kayaks and
canoes for handicapped paddlers.
Image Source: https://www.ez-dock.com/
owners-manuals/attachmen t/ez-launch-2/
NORTH AIPLE PARK MASTER PLAN
Master Plan Concept: Detail Area B
See Exhibit A: Expansion
of public parking
lot north of Zephyr
Theatre i entrance road
realignment
Potential 20-24 space
parking lot for 'railhead
and south boat launch;
work with ZephyrTheatre
on publiclpriQate used
parking lot
�-r
Remove existing
Invasives, replant
with prairie ar oak
savanna species
New pedestrian
trail - natural
surface mowed
grass path
(Keep above the
flood plain)
Trail crossing of
State Trail needs
!o have adequate
teght lines for both
trail users, warning
signage, cross at a
T'lnterser11on
IMOIVILWAL+GROUP
PADDLE LAUNCH
Potential canoe slide
and stairs with low
profile fishing pier,
paddle launch, and
overl oo k
North Canoe Launch and Aiple Residence Focus Area Plan
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Accessible Canoe/Kayak Launch platform and
beach for group launching
Vendor area for rental of canoes/kayaks/
paddleboards
Scull storage, Gathering space, and outdoor
access to restrooms
River overlook and fishing platform
Vehicle turn -around and drop-off area
Spur trail access to Brown's Creek State Trail
Picnic shelter overlooking water flow from
natural bluff runoff into pond
Trail bridge overlooking pond
NORTH AIPLE PARK MASTER PLAN
AIPLE RESIDENCE
Analysis of Existing Structure
In 2016 Miller Dunwiddie was hired by the City of Stillwater to review the existing conditions of the Aiple Residence.
The report identified the existing building construction: a mid-1960s two-story walkout house with a 1.5 story
pool addition, totaling approximately 5,700 SF. The lower level walls are concrete block with a stone veneer above
grade, and wood framed walls above with horizontal wood siding. The report observed that the home was in good
condition and repair, with the following exceptions: active foundation crack at the west wall of the garage, and
uneven upper level floor above garage; insect infestation in the pool addition heavy timbers; water and moisture
below west entry and in pool pump room; and an undersized mechanical system reaching expected life.
The report then went on to note modifications that would be required to reuse the building as a public facility,
including providing ADA accessibility to each level of public use; accessible restrooms, modifications to non-
complying life -safety items (railing, hand rails, fire alarms, etc); code compliance for fire separation or fire protection
sprinkler; and upgraded mechanical and electrical. Two reuse options were presented at end of written report.
Like the 2016 evaluation determined, the 2020 updated condition survey found the home to be in good condition
with some isolated areas in need of repair. No new items were found to be of concern. ADA accessibility continues
to be an impediment for reuse, requiring modification. The proposed design addresses many of the repair and
modification items with changes to the structure. Remaining items, primarily moisture infiltration at the basement
level, would be managed through a moisture mitigation strategy determined during the design phase, but should
not be considered a deterrent for moving forward with plans to use the building.
Other items that will need to be addressed and may need further study with the future building renovation include:
removal of oil tanks on the property; removal of buried transformer near the house; and transfer of sanitary sewer
to City sewer system.
Interior Views
Existing split-level entrance. January 27, 2020.
Existing pool room (pool is covered). Janua,
Existing stone fireplace in lower level of home. January 27, 2020.
Exterior Views
Front entry (west side of building). July 15, 2020.
Existing tuck -under garage (north -facing facade). January 27,
2020
West -facing facade of house. July 15, 2020.
Tuck -under garage and entry (northwest side of building). July
15, 2020.
South -facing facade (windows to pool room). July 15, 2020.
East -facing facade of house (pool room windows on left). July 15, 2020.
East -facing facade of house with retaining wall
terracing landscape toward the river's edge. July 15,
2020.
PROPOSED BUILDING MODIFICATIONS
The shell of the building would mostly remain intact while the interior of the building would undergo renovations to
be more accessible to group gatherings and provide public access.
Proposed Upper Level Floor Plan
OPEN,AIR
COVERED
WALKWAY
OPEN TO BELOW
OPEN TO BELOW
Proposed Lower Level Floor Plan
LOWER LE'/a
GATHERING AREA
SCULL
STORAGE
Proposed West Elevation
Proposed East Elevation
7 TARE/CHAIR
REST STORAGE
ROOT.
II
CRAWL
SPACE
REST
ROo1.A
COA1
GATHERING
Emm y
GATHERING
GATHERING
JANITOR/
Ut1LRIE5
OPEN TO
BELOW
KITCHENETTE
OECK - PEPENp1NC-
OM PROGRAM
C RAWL
SPACE
NORTH,
VENDOR
SPACE
NORTH ►
NORTH
NORTH AIPLE PARK MASTER PLAN
Features of the proposed floor plan:
Envelope
• Much of the existing shell (walls, roof, foundation) would remain in place. A new"upper"floor would be inserted
at entry grade level (between existing basement and upper floor levels) to eliminate accessibility concerns.
Existing basement would become a crawl space.
• Windows will be inserted at the same locations as basement windows, to utilize existing openings in the stone.
Some areas of infill or modifications would be necessary, but much of the existing stone on all elevations would
remain in place.
Upper Level
• The main level would have open gathering areas plus a kitchenette in the main part of the building.
• The fireplace/chimney would remain in the center of the building, where they are currently located.
Modifications would be required with change in floor level.
• Restrooms would be accessible from inside the building, as well as from an open-air walkway that is covered
with the existing roof. The walkway connects the east and west yards, which requires some exterior ramping to
accommodate slope changes. This exterior access to the restrooms would allow them to be used by the public
when the main building is locked.
Lower Level
• The existing garage area at the north end would become a
vendor space, and would remain at current driveway level for
ease of access and deliveries. An internal stair would connect
to main level if necessary/desired, but would not be intended
for public use.
• A gathering space would anchor the south end of the Lower
Level, provide a flexible area for a variety of programming.
Operable garage doors would be located on the south and
east elevations, to allow for open air gatherings during
comfortable weather.
• Scull storage would be provided at the lower level, with access
from the east elevation. The intention would be to have scull
storage racks on north and south walls to double load the
storage room.
Scull storage program precedent image.
Image Source:
http://www.rudkindesign.co.uk/racking%20page1.htm
Building Aesthetics
Keep stone base of building. New horizontal wood siding above the stone, in a warm neutral.
Precedent photos
VEGETATION
MANAGEMENT PLAN
OVERVIEW
Site visits were conducted by FOR staff at North Aiple Park on 1/27/20 and
2/12/20 to evaluate natural resources. The site inventory is described for
the three site characters of the park outlined in the concept plan: Nature
Exploration, Picturesque Parkland, and Disturbed Woodland. Specific
stewardship goals and management recommendations are provided.
LANDSCAPE DESCRIPTION
The North Aiple Park property consist of a thin strip of floodplain forest
along the St. Croix River. Geology of the site is dominated by relatively
shallow bedrock that is frequently exposed as outcrops. Overlying soils are
classified as sandy or gravelly, but in many areas have been disturbed via
filling and grading from historic use. Groundwater influence is strong and
several seeps are scattered throughout the site.
The North Aiple Park Concept Plan delineates the site into three sections
based on park character: Nature Exploration in the north, Picturesque
Parkland in the center, and Disturbed Woodland in the south. Overall
site topography is characterized by a generally steep, modified shoreline
grading to a narrow floodplain terrace, then transitioning to steep bluffs
rising to the Brown's Creek state trail and Highway 95. A former trout pond
is the most prominent feature of the northern area of the site (Nature
Exploration), and is formed by a steep berm adjacent to the St. Croix River.
Two human -made pools are situated above the northwestern slope of
the former trout pond and collect water from groundwater seeps. A more
gently sloping landscaped lawn with scattered trees is located in the
central portion of the site (Picturesque Parkland). The southern portion of
the site (Disturbed Woodland) includes steep banks with a disturbed, flat
upland terrace, with steep wooded bluffs along the western boundary.
A creek fed by groundwater and stormwater runs north -south along the
existing driveway and flows to the former trout pond.
NORTH AIPLE PARK MASTER PLAN
SITE INVENTORY
Existing vegetation cover was inventoried for each of the three park characters, and relevant natural resource
observations were also recorded. Vegetation cover within the Nature Exploration section was most varied and is
described according to specific locations. Management Units were outlined based on inventory results (see map on
following page).
Nature Exploration Observations
North Side of Former Trout Pond (Unit A)
• Woody vegetation appears to have been removed
from the drainage way north of the trout pond berm
relatively recently.
• The cleared area consists of weedy plant species
characteristic of recent disturbance such as
raspberry, burdock, and dock. A potential seep is
dominated by cattail.
West Side of Former Trout Pond (Unit B)
• The west side of the former trout pond represents
the most ecologically diverse area of the site due
to relatively good tree and shrub diversity, bedrock
plant communities, several groundwater seeps, and
two groundwater -fed pools.
• Although the tree and shrub community is not
especially diverse, it is diverse relative to the
remainder of the site with some hackberry,
ironwood, willow, red oak, basswood, American elm,
and pagoda dogwood.
• Woody invasives are an issue in this area, but their
abundance is buffered somewhat by the better tree
and shrub diversity.
• Exposed bedrock and groundwater seep plant
communities provide additional diversity, though
species composition could not be observed due to
timing of the site visits in winter.
• The two groundwater -fed pools (including the
"grotto") provide year-round open water. Aquatic
plants were observed growing sparsely in the north
pool.
• Aerial imagery from the early and mid-20th century
indicates that this area has been filled (possibly due
to deposition from the river and/or anthropogenic
filling). Historic boat mooring anchors were
observed in bedrock and also suggest filling in this
area.
East Side of Former Trout Pond (Unit C: Berm)
• Very steep slopes and narrow trail.
• Poor tree/shrub diversity with abundant black
locust, common buckthorn, and exotic honeysuckle.
Native trees include silver maple, cottonwood, and
green ash with some young red oak and Eastern red
cedar.
Former Trout Pond (Unit I)
• Water level within the trout pond appears low.
• Abundant leaf litter and woody debris.
• Water control structure is missing stop logs and
overall condition/function is unknown.
Picturesque Parkland Observations (Units D, E, and F)
• This area is characterized by a landscaped open
lawn, with large cottonwood and white pine and
white spruce plantings (Unit E).
• Several large black locust are located along the
driveway (Unit D and Unit E).
• White pines within the existing lawn are yellowed
and appear stressed (Unit E).
• Shoreline vegetation includes several native shrubs
including willow, dogwood, and elderberry with
box elder and green ash trees. Common and glossy
buckthorn are also present along the shoreline (Unit
F).
Disturbed Woodland Observations (Units D, G, and H)
• This area is characterized by steep banks with a
narrow strip of floodplain forest (Unit G), an upland
terrace with some groundwater seep wetlands (Unit
H), and the steep wooded slopes leading toward the
state trail (Units D and H).
• The floodplain forest consists of relatively older
silver maple, cottonwood, box elder, and green ash,
with several mature, fruiting buckthorn (Unit G).
• The upland terrace appears to have been historically
maintained as a clearing and likely storage yard
based on aerial imagery from the early and mid-20th
century (Unit H).
• The upland terrace lacks older trees and has poor
woody plant diversity. It is dominated by invasives
black locust and common buckthorn, with glossy
buckthorn and mulberry also observed (Unit H).
• Large hybrid poplars were observed on the upland
terrace near the southern extent of the park and
appear to be spreading (Unit H).
• Several groundwater seep wetlands were observed
on the upland terrace. The seeps appeared to be
more disturbed than those observed near the
former trout pond (Unit H).
• Several historic features were observed including
a wall and circular brick structure. The function of
the circular brick structure is unknown and could be
stormwater infrastructure or an old well (Unit H).
• Considerable rubble and debris used for
stabilization was observed along the shoreline.
Some rubble included potentially hazardous and
unsightly iron rebar (Unit G).
Proposed Vegetation Management Units
a
Park Boundary
Management Unit
A - northern site
boundary (clearing)
B - west side of trout pond
C - east side of trout pond
(berm/shoreline)
D - wooded slope
E - lawn area
F - shoreline of lawn area
G - shoreline of
disturbed woodland
H - disturbed woodland
I - former trout pond
J - state trail corridor
• • . • :nl=Mfivrtryd0111 WIENYA1'
e
0
Aiple Park
Management Units -
Feet
NORTH AIPLE PARK MASTER PLAN
STEWARDSHIP GOALS
AND MANAGEMENT
RECOMMENDATIONS
Six natural resource goals were identified for North
Aiple Park. Of these, two are focused on vegetation
management and the remaining four are focused
on additional assessment and natural resources
implementation. Goals and recommendations are
described below and identified by Management Units
in the map on the previous page. Cost estimates are
provided in the Implementation section.
Vegetation Management Goals
Goal 1: Control invasive plants.
Goal 2: Enhance and restore native vegetation.
Additional Assessment and Natural Resource
Implementation Goals
Goal 3: Protect sensitive groundwater seep wetlands.
Goal 4. Assess existing bank stabilization practices.
Goal 5: Highlight the natural resource value of Nature
Exploration section.
Goal 6. Assess feasibility of public trout pond.
Potential partners for management include, but are
not limited to, Washington Conservation District, MN
DNR Parks and Trails, MN DOT, Great River Greening,
Conservation Corps Minnesota, and St. Croix River
Association. Potential funding sources include, but are
not limited to, the State of Minnesota Environmental
Trust Fund, Outdoor Heritage Fund, and Clean Water
Fund.
Goal 1: Control invasive plants.
Woody invasive plants are prevalent throughout the
site with common buckthorn and black locust most
abundant. Exotic honeysuckle, glossy buckthorn, and
mulberry are also present, with aquatic invasive plant
watercress observed in the creek. Herbaceous invasive
plants such as garlic mustard were not observed during
winter but are likely present. We highly recommend
that program/use of the former trout pond and berm
(Units C and 1) are determined prior to committing
resources to vegetation management in or near these
areas.
Recommendations:
• Vegetation management near the former trout
pond (Units C and 1) should be sequenced to align
with planned park use in this area. For example,
vegetation management should take place after
potential changes to the berm, if any.
Woody invasive management (Units A, 8, C, D, G, and H):
• Management of woody invasives should target
mature, fruiting individuals to reduce seed dispersal.
Stumps should be cut and treated with herbicide
prior to re -sprouting. Stems and branches with fruits
should be carefully of disposed of so that seed is not
spread.
• Buckthorn is a prolific seeder, and areas that have
been recently cleared may quickly regenerate.
Following removal of mature individuals, seedling
control efforts will be needed. For small seedlings
less than 3/8 inch in diameter, hand -pulling or
mechanical pulling is effective. Larger individuals
will require cutting and stump treating with
herbicide.
• Flag native shrubs and tree saplings in areas of
woody invasive management to protect the native
species present.
In the upland terrace of the Disturbed Woodland
(Unit H), consider a forestry mow and herbicide
treatment in conjunction with prairie/savannah
restoration (see Goal 2).
• Monitor areas of invasive plant control to determine
effectiveness and assess native tree and shrub
recruitment. If native trees and shrubs fail to
colonize despite control of invasive species, consider
targeted plantings.
• See the Implementation section for estimated costs.
Woody invasive management within Highway 95 and state
trail corridor (Unit J):
Invasive woody vegetation and some potential
hazard trees were observed along the western
boundary adjacent to the state trail and extending
beyond the park boundary to the west (Unit J).
Although much of this area is located outside the
park boundary, this area should be managed due to
its visibility from the highway and state trail.
- Manage woody vegetation adjacent to state
trail and Highway 95 to improve aesthetic and
ecological value.
• Consider partnerships with MN DNR and MN DOT to
collaboratively manage this area.
• Costs are itemized separately from other Units
as most of Unit J is not on City property. See
Implementation section for estimated costs.
Watercress management (Park -wide in creek and seeps):
• Management of watercress should focus on
preventing spread to groundwater seep wetlands
and preventing flow obstructions within the creek.
Control of watercress within the creek may not be
feasible. Watercress can be removed by hand or
mechanically. However, reestablishment is likely
without native revegetation, and establishment
of native vegetation within the creek may not be
feasible.
Costs for inventory are included in the
Implementation section. No specific management
action is recommended, but the City should be
aware of potential issues associated with watercress.
Herbaceous invasive management (Park -wide):
• Conduct an inventory of herbaceous plant cover
during the growing season.This natural resources
assessment did not assess herbaceous plant cover
due to snow cover and lack of active growth.
Herbaceous invasive species such as garlic mustard
are common to the region and may require
management.
• Potential management costs are included in
the Implementation section. Costs for complete
inventory are included in the Implementation
section.
Goal 2: Enhance and restore native vegetation.
Several areas of the site were identified for potential
vegetation restoration and enhancement activities.
These activities will improve ecological and aesthetic
value of the park.
Recommendations:
Nature Exploration (Units A, B, C, and D)
If native trees and shrubs fail to colonize despite
control of invasive species following management,
consider targeted plantings.
• Assess northern site boundary in area of recent tree
removal during the growing season (Unit A).This
area appeared disturbed during the site visits but
assessment was limited due to snow cover and lack
of active vegetation growth. Vegetation restoration
opportunities in this area could be integrated with
stormwater practices and buffering of residential
use to north.
• Estimated costs are included in the Implementation
section.
Picturesque Parkland (Units E & F):
• Remove ecologically unsuitable (white spruce) and
stressed conifers (white pine) within the Picturesque
Parkland (Unit E).
Remove white spruce to reflect more appropriate
native plant communities to the region.
Assess tree health and potential removal of white
pines. Although large white pines are ecologically
appropriate to the St. Croix River Valley, the white
pines on site appear stressed and may be too close
to the water table.
• Enhance the existing shoreline of the Picturesque
Parkland lawn area where few shrubs and little
buffer is present (Unit F).
- Plant cuttings of native shrubs such as willow and
dogwood along shoreline. Plantings should include
a pollinator friendly buffer.
Integrate pollinator friendly plantings in open areas
(primarily Picturesque Parkland) where compatible
with park use (Unit E).
• See Appendix A: Table 3 for estimated costs.
Disturbed Woodland (Units H and G):
If native trees and shrubs fail to colonize despite
control of invasive species following management,
consider targeted plantings.
• Restore the upland terrace of the Disturbed
Woodland to prairie or savannah plant community
(Unit H).
- Consider a forestry mow and herbicide treatment
to remove invasives and prepare the site for
restoration.
NORTH AIPLE PARK MASTER PLAN
- Consider large scale seeding/planting of prairie or
savannah vegetation to provide pollinator habitat
and restore a native plant community.
- Consider the recommendations of the Phase
I ESA prepared for the site when planning for
potential soil disturbance. Assess soil suitability for
supporting native vegetation.
• Estimated costs are included in the Implementation
setion.
Additional Assessment and Natural Resource
Implementation Goals
Costs for additional assessment recommendations
are estimated as lump sum (Appendix A: Table 4).
Costs for additional natural resource implementation
recommendations are highly variable depending on
scope and design and therefore are not provided at this
time.
Goal 3: Protect sensitive groundwater seep wetlands.
Groundwater seeps have soft soils sensitive to
disturbance and may harbor unique native plant
communities.
Recommendations (Park -wide):
Assessment:
• Inventory and map groundwater seeps throughout
the park.
• Conduct wetland delineations in areas where
specific plans will be advanced to comply with local,
state, and federal protections.
Natural Resource Implementation:
• Design park infrastructure to discourage or prohibit
foot -access to seeps.
Goal 4. Assess existing bank stabilization practices.
Considerable rubble and debris used for stabilization
was observed along the shoreline. Banks are very steep
within the Disturbed Woodland section.
Recommendations (Unit G):
Assessment:
• Consider selective removal of rubble and debris
where feasible.
Natural Resource Implementation:
• Perform an assessment of existing banks in Unit G
(Disturbed Woodland). Long-term planning could
include more visually appealing bank stabilization
practices.
Goal 5: Highlight the natural resource value of Nature
Exploration section.
The west side of the trout pond is a natural resources
strength and could be used an interpretive
opportunity (Units B and 1). This is solely a conceptual
recommendation and costs are not provided.
Recommendations (Units B & I):
Interactions between groundwater and surface
water (e.g. seepage, pooling, stream on south end of
trout pond, St. Croix River) are currently accessible
and could be highlighted further.
• Bedrock and seep communities provide access to
unique plant communities and should be preserved
and protected.
Goal 6. Assess feasibility of public trout pond
The reuse of the former trout pond for public trout
fishing is an intriguing re -use of existing park elements,
but requires careful consideration of technical and
regulatory feasibility.
Recommendations (Unit I):
Assessment:
• Conduct a feasibility assessment that includes, but is
not limited to, the following considerations:
- ADA-accessibility, particularly along narrow trail
and steep slopes of east berm. Will it be necessary to
lower berm and increase width?
- Functional integrity of the berm (e.g. water
tightness, stability)
- Functional integrity of the water control structure
- Bathymetry and sediment deposition of the pond
(how deep is the basin?)
- Sustainability of public trout fishery (what
population size could it support?)
- Aquatic invasive species issues with St. Croix River
and stocking (could AIS be introduced from stock?)
- Correspondence with DNR Fisheries Division
regarding stocking regulations
POTENTIAL
PERMITTING
NEEDS FOR
PROJECTS
Wild and Scenic Rivers Act
Section 7A Evaluation — to
review access points: fishing
pier locations, sloping a bank
more, any interface between
land and water
• Authorized through a Corps
permit
• May be a DNR Public Waters
Permit
• High Water Level (in NAD
1988 datum) for the St. Croix
River in this area: 679.6'
• Note that MnDNR, WiDRNR,
and Army Corps may have
different values for OHWL
• NPS offers commercial use
permit for rental and tours
with canoes/kayaks/SUP
• Middle St. Croix WMO—may
have rules and permitting
requirements
Other permits may be needed
from the following agencies:
- City
- WMO
- Corps
- DNR
IMPLEMENTATION &
COST ESTIMATES
PHASING
Improvements to the North Aiple Park property will be developed and
constructed over time as opportunities arise and funding allows. This
chapter identifies phasing projects according to a general timeline:
• Short Term:These are high priority projects that will allow access and
limited public use of the site. These are also projects that need to be
completed prior to other projects. The timeline for Short Term projects
is 0-5 years, but some projects could be completed later if funding does
not allow completion within five years.
• Mid Term:These are highly desired projects that may be more expensive
than Short Term projects or need other site work to occur before they
can be constructed. The timeline for Mid Term projects is 3-10 years.
• Long Term: Large projects that require more engagement and planning
are in this category. These projects are also typically more expensive
than Short Term and Mid Term projects.The timeline for Long Term
projects is 10+ years, but if opportunities arise with partnerships or
funding, these projects may be constructed sooner.
NORTH AIPLE PARK MASTER PLAN
DEVELOPMENT PHASING
PLAN
Short Term Projects `
A Site Access
• Entry drive improvements
B Spur trail to Brown's Creek State Trail
C River edge trail
D North Kayak/Canoe Launch
E Safety and Security improvements
• Railing and other improvements to
fishing/overlook platform near house
• Northern boundary screening
Mid Term Projects
F Parking Lot expansion
G Picnic Shelter/Pond overlook (conversion of
old shed/garage)
H Pond trail and bridge
Trail amenities
• Benches, picnic tables, overlooks
Long Term Projects
i
J Southern kayak/canoe launch and fishing pier
• Trail connection to parking lot
K Aiple residence renovation
Development Project Phasing
E
I,
1,
1
11
II
II
1
11
11
1
11
11
1
11
11
11
r 1r,
F
)1
1,
I,
1
11
II
II
II
1 II
1 11
1 J
DEVELOPMENT COSTS
Development cost estimates are planning level cost estimates based on rounded quantities on the conceptual
master plan. Costs are based on 2020 numbers of previous construction projects in the Twin Cities metro area.
More detailed cost estimates will need to be completed as construction documents are developed for each park
improvement item.
Development Cost Estimate
ITEM
ITEM DETAIL
PHASE
ESTIMATED COST
MI
Spur Trail to Brown's
Creek State Trail
River edge trail
North Kayak/Canoe
Launch
Safety and Security
Improvements
Entry drive improvements --proposed bituminous
driveway, turn -around and ADA parking spots
Retaining wall (average 4 ft tall)
Sidewalk at turn-around--6 ft wide concrete
8 ft wide paved trail to woods edge
Soft surface trail through woods --clear trail, compacted
soft surface
ADA Accessible Kayak/Canoe Launch
Accessible pathway to launch--8 ft wide paved or
compacted gravel trail
Railing on fishing/overlook platform
Concrete surface on fishing/overlook platform
Landscaping and Screening --trees, shrubs, native grasses
and forbs
Short Term Subtotal 1
TOTAL SHORT TERM COST (includes 20% contingency)
Parking Lot Expansion
Picnic Shelter/Pond
overlook
1
1
Bituminous surface
Portable restroom with concrete pad (annual cost)
Conversion of old shed/garage
Pond trail and bridge 8 ft wide paved trail to grotto and overlook
Trail amenities
Mid Term Subtotal
TOTAL MID TERM COST (includes 20% contingency)
Southern kayak/canoe Canoe slide
Rehabilitate existing foot bridge
Upgrades to soft surface trail on berm
Benches/Picnic Tables (8)
Overlooks (2)
launch and fishing pier Dock/Pier
Trail connection to parking lot--8 ft wide paved trail
Aiple residence
renovation
Long Term Subtotal
TOTAL LONG TERM COST (includes 20% contingency)
TOTAL COST OF ALL PHASES
Short Term
Short Term
Short Term
Short Term
Short Term
$322,744.50
$ 29,120.00
$108,160.00
$47,320.00
$61,230.00
$568,574.50
Mid Term
Mid Term
Mid Term
Mid Term
Long Term
Long Term
$682,289.40
$110,000.00
$200,000.00
$28,210.00
$60,000.00
$398,210.00
$477,852.00
$114,600.00
$1,000,000.00
$1,114,600.00
$1,337,520.00
$2,497,661.40
INORTH AIPLE PARK MASTER PLAN I
VEGETATION MANAGEMENT PHASING & COST ESTIMATE
Total management costs were based on 10-year management plans. Total 10 years costs for all vegetation
management are $165,516. Cost estimation is based on:
a) 2020 dollars,
b) subcontracting all implementation and necessary oversight, and
c) assumption that all Management Units are implemented concurrently.
Management units have varying amounts of invasive species cover and therefore varying management inputs/
costs, but for simplicity costs are averaged across Units.
Vegetation Management Cost Estimate Summary
UNIT YEAR
ACTION
ESTIMATED COST
UNIT A, 8, C,
D, G, & H
(Woodland
invasive
management
& woodland
restoration)
1
A - Prepare detailed invasive species removal & site restoration plans
B - Prepare biddable documents & assist in securing qualified contractor(s)
$ 3,900
2
A - Identify plant material to be protected
B - Remove & treat woody invasives;
C -Treat herbaceous vegetation and germinating woody invasives
D - Complete cover crop seeding for barren areas
$ 21,240
3-4
Annualize invasive species management cost (years —1-3 post initiation)
$ 9,744
5
A - Native overseeding [1 k/acre] & bareroot tree/shrub planting & protection [1 k/
acre]
B - Continued invasive species management (year —4 post initiation)
$ 29,292
6 10
Annualize invasive species & native vegetation establishment management (5+
years post woody invasive species removal)
$ 20,916
UNITS A, B, C, D, G, & H 10-YEAR COST ESTIMATE:
$ 85,092
UNIT J
(Woodland
invasive
management
& woodland
restoration)
1
A - Prepare detailed invasive species removal & site restoration plans
B - Prepare biddable documents & assist in securing qualified contractor(s)
$
2
A - Identify plant material to be protected
B - Remove & treat woody invasives;
C -Treat herbaceous vegetation and germinating woody invasives
D - Complete cover crop seeding for barren areas
$ 11,520
3-5
Annualize invasive species management cost (years —1-4 post initiation)
$ 6,912
6-10
Annualize invasive species management cost (years 5+ post initiation)
$ 8,832
UNITS J -YEAR COST ESTIMATE:
$ 27,264
UNIT E and F
(Picturesque
Parkland)
1
Prepare biddable landscape plan & assist in securing contractor
$ 9,360
2
A - Remove undesirable and/or dying conifers
B - Execute landscape plan (foundation plantings; —1 acre of turf conversion to
native savanna via seeding; and shoreline plantings)
$ 33,900
3-7
Annualized maintenance cost (0-5 years post sowing)
$ 6,660
8-10
Annualized maintenance cost (5+ years post sowing)
$ 3,240
UNITS E & F TOTAL 10-YEAR COST ESTIMATE:
$ 53,160
POTENTIAL FUNDING
OPTIONS, SOURCES, AND
PARTNERS
National Park Service
The National Park Service (NPS) manages river access
at several points along the St. Croix National Scenic
Riverway. The NPS and the St. Croix River Association
manage K-12 programs together ("Rivers are Alive"),
and they would like to have a place in Stillwater where
kids can touch the river.
NPS may be interested in a partnership with a canoe/
gear rental stand (would authorize outfitters with a
commercial use permit).
Gateway Communities
Cities or towns that lie just outside major national
tourist attractions are called Gateway Communities.
Stillwater or North Aiple Park could be positioned as
a Gateway Community to the St. Croix River in order
to potentially be considered for funding for river
recreation facilities.
St. Croix River Association
The St. Croix River Association (SCRA) is an official
nonprofit partner with the National Park Service. The
SCRA works closely with the NPS on programs; they
work with 6,000 K-12 kids annually. Programs include
paddling and outdoor education on the river. The SCRA
may be a funding partner for a kayak/canoe launch
on the property and an indoor outdoor education/
programming facility at the park.
Federal Lands Access Program
The Federal Lands Access Program (FLAP) may have
funding to support a paddle launch on the North Aiple
property because it would be a linkage to the river.
A grant proposal should be crafted to position North
Aiple Park as a place of access (gateway) to the National
Scenic Riverway to encourage it to be eligible for
consideration. There will be another call for proposals in
late 2021 or 2022 because FLAP is on a 3-year cycle.
National Parks Foundation
The National Parks Foundation is the official charitable
partner of the National Park Service. They work
to provide resources and support for parks and
programming.
Mississippi Park Connection
The nonprofit partner of the Mississippi National River
and Recreation Area is Mississippi Park Connection. It
may be a source of information on a potential canoe/
kayak rental kiosk.
Minnesota DNR
Conservation Partners Legacy (CPL) program through
the DNR provides funding for habitat restoration
projects.
DNR School Forests and Outdoor Classroom grants are
potential options for North Aiple Park; a school partner
would be needed to utilize the resources.
Other Funding Sources
The Middle St. Croix Watershed Management
Organization and the Washington County Soil and
Water Conservation District may have resources for
water quality and vegetation restoration projects on
the site.
Local and national outdoor recreation groups and
organizations may be sought out to partner on
implementation of recreation facilities.
NORTH AIPLE PARK MASTER PLAN
OPERATIONS AND MAINTENANCE CONSIDERATIONS
Trail types and surface management
TRAIL SURFACE
ADA ACCESSIBLE
PERVIOUS/
IMPERVIOUS
MAINTENANCE
CONSIDERATIONS
LIFE CYCLE
Compacted decomposed
granite chip / Compacted
limestone
ADA trail/
access- has to be
maintained to stay
ADA accessible
Needs to have a
compacted base, so
not really a pervious
surface - but potential
to get credit for
pervious
Needs to be
regraded and
compacted from
time to time, bike
tires will dig in if
wet
Depends on
amount of
erosion and use;
regrade and
resurface every
15-25 years
Bituminous trail with chip
seal (granite chip topping
for the feel of natural pat
h.
ADA accessible-
less maintenance
needed to keepImpervious
ADA accessible
Less erosion
potential than
crushedgranite/
limestone
Depends on
amount of use;
approx. 20 25
pp
years
ituminous
Most ADA
accessible
Impervious
Crack seal every
4-5 years; Seal
coat every 8-10
years
Replace every 20-
25 years
r-
Mowed grass (most na
feel)
Not considered
ADA accessible
Pervious, but due
to compaction,
surface will be mostly
impervious
Mowing multiple
times through the
season
May need to
address drainage
issues, roots,
weeds over time
Infrastructure and Utilities
Items that will need to be addressed in coordination with the Aiple residence renovation and may need further
study include: removal of oil tanks on the property; removal of buried transformer near the house; and transfer of
sanitary sewer to City sewer system.
Electrical connections maybe needed for the picnic shelter at the former garage site.
Water connections may be desired in the future at the south end of the site near the trail parking.
North Aiple Park Final Draft Comments
November 19, 2020
STAKEHOLDER COMMENTS
Stakeholder
Comments
Lakeview Harbor Association
•
Appreciates the relocation of the storm sewer pipe
•
Would like City to retain fence in perpetuity
•
Would not like a dedicated pathway to the property
•
ADA pond trail observation area is quite close to the shared
property line
•
Northern beach boundary should be signed
Sustainable Stillwater
•
Encourages Bird City priorities: dead tree nesting cavity,
observation/photography blinds with signage
•
Encourages permeable pavement at every opportunity
•
Requests consideration of "night sky" energy efficient lighting
fixtures
•
Encourages small-scale solar or wind power for facilities
•
Consideration of reuse of existing structure and components
Washington County Land and
•
Congratulates the community on the plan completion
Water Legacy Program Staff
•
Reminds naming rights are not an obligation of the
acquisition or conservation easement
Washington County
•
If clay or silty soils are present in Unit H, it may be challenging
Conservation District
to establish prairie or savannah plants
GENERAL PUBLIC COMMENTS
Name
Comment
A. Bailey
•
Supports of kayak launch, picnicking and connection to BC
State Trail
•
Concern popularity of site will reduce enjoyment factor;
encourages risk benefit analysis for activities/attractions
M. Balay
•
Supports development plan but concerned popularity of site
will result in maximum capacity of site
M. Butala
•
Non -motorized boat access should be primary priority
•
Supports prohibition of long term parking onsite
•
Supports pier fishing access for all abilities
A. Dimon
•
Desires addition of amphitheater and 9-hole sculpture garden
mini golf course
K. Ela
•
Appreciates more direct quiet water craft access and vehicle
drop off
•
Desires a place to rent kayaks, canoes and paddleboards
•
Appreciates restroom and picnic facilities
•
Encourages natural space and native vegetation as much as
possible
North Aiple Park Final Draft Comments
November 19, 2020
•
•
Encourages reuse of structure for four -season use with
fireplace or possible fire pit
Would appreciate a safe bicycle storage option
K. Fritz
•
Paddle boarding and water tubing should be an option
•
Would appreciate lap pool and water slide into river
J. Vania
•
Would like to see picnicking facilities removed from plan
•
Would not like to see a fire pit on the property
K. Li
•
Would appreciate year-round public restroom onsite
M. Russell
•
In support of the plan
•
Education signage and bird strike prevention measures should
be incorporated
S. Maybanks
•
Happy to see prairie savannah vegetation restoration
•
Would not like to see white pines removed
•
Not in favor of parking lot expansion
•
Would like to see incorporation of bird observation blind
•
Supports permeable pavement
J. Miller
•
Supports rowing shell storage option but concerned with
design
•
Encourages exploring options for alternative ADA accessible
platform
•
Encourages timeline adjustment to allow for partial structure
reuse in short term
•
Would like to see temporary storage options until full
structure build out
M. Nguyen
•
Would like to see stand up paddleboards as part of non -
motorized options onsite
D. & T. Polasik
•
Supports Sustainable Stillwater's recommendations
•
Appreciates accessibility options and encourages city's
consultation with wheelchair bound individuals for final site
and amenity development
•
Encourages reuse of pine/spruce tree removal for downtown
Christmas tree
•
Encourages year-round use of the site, including restrooms
D. & S. Schultz
•
Requests stanchions or railing hand holds at ADA paddle craft
launch
•
Identified need for accessible parking lot
•
Supportive of picnicking adjacent to BC State trail
K. Stoley
•
Identifies absence of dedicated play area for children; suggests
natural play area
S. Studtman
•
Requests all amenities are universally accessible and ADA laws
are exceeded
S. Warweg
•
Budgets should include invasive species control and native tree
plantings
iilwater
---------------Th
THE BIRTHPLACE OF MINNESOTA
PLANNING REPORT
DATE: November 25, 2020
TO: Mayor & Council Members
RE: Parking Mitigation Invoicing
FROM: Bill Turnblad, Community Development Director
INTRODUCTION
As part of the COVID-19 pandemic relief package for Stillwater businesses, the City Council
waived downtown parking mitigation fees through November 1st. Given the second wave of the
virus and the Governor's recent executive order, the Parking Commission recommended on
November 19th that the Council continue to waive the fees through the first quarter of 2021.
REQUEST
Consider waiving the Downtown parking mitigation fees through the first quarter of 2021.
COMMENTS
There are 23 downtown businesses that are invoiced for parking mitigation fees. These are
properties whose impact upon the public parking system has increased through change of use or
expansion since 1999. As seen on the attached spreadsheet and the table below, the fees normally
generate $25,240 annually for the parking enterprise fund. This year only $5,510 has been
collected, since the City invoiced just for the first quarter.
1st Quarter
$5,510
2nd Quarter
$6,630
3rd Quarter
$7,100
4th Quarter
$6,000
Total
$25,240
ACTION
If the City Council decides to waive fees through the first quarter, the decision can be enacted by
a simple voice vote.
Attachment: Parking Mitigation Fee spreadsheet
ittwatel
THE BIRTHPLACE OF MINNESOTA
Parking Mitigation Fees
Current Invoicing
Case Nr
2014-7
2018-44
NA
NA
2018-16
2018-13
2017-3 9
2015-19 2018-15
2015-40
2014-3
2017-15
2014-3 3
2013-14
2012-09
2012-34
2012-8
2009-22
2008-37
2005-28 2016-26
1999-5 2012-18
1999-12
1995-34
2002-35
Status Site Address Applicant
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Base permits March Apra May lune . lark August Sept Oct Nov Business Name
101 Water St
3101f2 S Main St
120 N Main St
2245 Main St
2095 Main St
114 N Main St
233 5 Main St
123 Second St N
308 E Chestnut
225 Main St N
225 Main St N
120 Main St N
116 Main St So
125 Main StS
214 Main Sty
317 Main .StS
243 Main StS
132 Main St 5
312 Main St
215 Main StS
3245 Main St
450 Main St N
220 Myrtle St E
Chuck Dougherty
Justin and Jill Kaufenherg
Kristi Wilson
Tammy and Jeff Chilson
Ya n iv Abothu l
Croixview Partners
Matt Hoefler
Katerine Francis
Judd Sather
Mark Balay
Brenda Ryder
Monty Brine
36
9
3
1
3
2
22
25
1
18
1
1
0
0
12
0
4
2
2
25
17
16
19
2
25 25 25 25 25 25 Water Street Inn
Mon Petite Cheri & Lift Bridge Cowor6
Uptown Curl
Happy Bridge
8 S S 8 LOLD
JK Events
Vickman VRBO
Maple Island Brewery
Coronel Food Truck
Excelsior Escape
5 5 5 5 aui&kFire Pizza
6 6 6 6 6 Cherry Berry Self -Serve Yogurt BE
Studio J Loft (Event Center)
6 6 6 6 6 Portside
6 6 6 6 6 6 Marx Fusion Bistro
2 2 6 6 2 2 Ziggy'S
6 6 6 6 6 Nacho Mama's
4 4 4 4 4 Brick and Bourbon
S S S 8 8 The Tilted Tiki
ABS Co
Gartner Studios
Yellow means confirmed with AP invoicing spreadsheet' 183 2 8 ▪ 51 ▪ 55 ▪ 55 55 ▪ 51 ' 51 0
$21,960.00 S20.00 S80.00 $510.00 $550.00 5550.00 S550.00 S510.00 $510.0,0 $25,240.00
itlII_er
Administration
DATE: November 23, 2020
TO: Honorable Mayor and City Council Members
FROM: J. Thomas McCarty, City Administrator
Sharon Provos, City Finance Director
SUBJECT: City of Stillwater Truth in Taxation Meeting for Consideration and Adoption
of Final 2021 Budget and Tax Levy
Background
The City Council will meet on Tuesday, December 1, 2020 to conduct its required 2021
Truth in Taxation meeting, and to consider approval of the Final 2021 City Budget and
the Final 2021 Tax Levy.
The City Council conducted 2021 budget work sessions on August 18, September 1, and
September 15, 2020 during which the Council reviewed operational and capital requests
from all departments, affiliated Boards and outside agencies. The 2021 budget requests
included revenue and expenditure programming and capital outlay appropriations to align
with the themes and initiatives included in the revised Stillwater Strategic Plan, as well as
requests for staffing adjustments and capital requests for preservation of current assets
and new projects.
At the September 15, 2020 meeting, the City Council approved the City's Preliminary
2021 Budget and Preliminary 2021 Tax Levy resulting in tax levy adjustment of +2.659%
over the adopted 2020 Tax Levy. The approved Preliminary 2021 Budget and Levy
maintained a balanced 2021 budget and continues the provision of excellent city services
and programs to meet the needs of the citizens of Stillwater.
Since approval of the Preliminary 2021 Budget and Levy, city staff continued to review all
operating and capital revenue and expenditure estimates for the 2021 Budget. State
approval of a Bonding Bill included $3 million for the Hwy 36/Manning interchange project
reducing the City's borrowing requirement from $1,060,000 to $500,000 for the project.
However, some additional capital costs for boiler replacement at City Hall and Financial
Software upgrades estimated at $141,000 were added to capital projects. The net result
is less overall borrowing costs for 2021 capital projects, thereby reducing the overall debt
levy impact by over $48,000.
The Final 2021 City Levy is therefore proposed to be reduced from the Preliminary Levy
approved +2.659% to +2.33% over the 2020 Levy. The proposed City of Stillwater Final
2021 Budget and Levy also results in the lowest City tax rate in the past decade. (See
attached slides.)
Recommended Action
Staff recommends Council approval of the Resolutions: Adopting the Final Tax Levy for
Payable Year 2021; Adopting the Final Budget Appropriations for the Year 2021.
cc: Department Managers
RESOLUTION 2020-
ADOPTING THE FINAL TAX LEVY FOR THE PAYABLE YEAR 2021
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $14,949,554
is hereby levied against all of the taxable property of the City of Stillwater, Washington County,
Minnesota, for City purposes for the payable year 2021.
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 2021.
The Levy consists of the following:
GENERAL TAX LEVY:
DEBT SERVICE TAX LEVY:
$11, 270, 799
Fund Required Levy for 2021 Amount
312 G.O. Capital Outlay 2012A 373,146
314 G.O. Capital Outlay 2014A 712,573
324 G.O. Capital Outlay 2014 (Armory) 85,000
326 G.O. Capital Outlay 2016A 545,055
327 G.O. Capital Outlay 2017A 399,268
329 G.O. Capital Outlay 2009D 300,300
318 G.O. Capital Outlay 2018A 485,276
339 G.O. Capital Outlay 2019A 428,137
Subtotal $ 3,328,755
New Debt
G.O. Capital Outlay 2021 350,000
Total Debt Service Tax Levy $ 3,678,755
TOTAL TAX LEVY $14,949,554
PARCEL -SPECIFIC LEVY
WMO Levy $44,400
Adopted by the Council this 1st day of December, 2020.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
RESOLUTION 2020-
ADOPTING THE FINAL BUDGET APPROPRIATIONS FOR THE YEAR 2021
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the proposed budget
appropriations for the year 2021 in the amounts for the following funds:
Fund Fund Name Amount
100 General Fund $ 15,107,299
200 Special Events Fund 75,800
202 St Croix Valley Recreation Center Fun 1,725,321
230 Library Fund 1,428,083
240 Parks Fund 1,226,844
251 Downtown Beautification Fund 15,000
255 Washington County Recycling Fund 32,000
285 Lodging Tax 160,696
Total $ 19,771,043
Adopted by the Council this 1st day of December, 2020.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
City of Stillwater
2021 Truth -in -Taxation
Budget Meeting
December 1, 2020
J. Thomas McCarty
City Administrator
ii
2021 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 a Storm Sewer
► Water (starting 1 /1 /2021)
► Signs Et Lighting
► Parking
► Infrastructure, Capital Improvements
Significant 2021 Budget Impacts
► Total proposed 2021 budget of over $17 million
► Proposed property tax increase of 2.3% over 2020
► .9 % (average) increase in market value from 2020 to 2021 for residential propert
► 5.7% increase in taxable tax capacity
► 12% increase in Health Insurance
► Contractual increase in wages
► Updated Positions:
► Fire Services Specialist (increase 5 hrs/wk)
► Capital Outlay Bond Issuance:
► 2021 Capital Purchases - $1,630,000
► 2021 Street Projects - $600,000
► 2021 TH 36/Manning Interchange - $500,000
► 2021 Aiple Property Park - $200,000
2021 Proposed Operating Revenues'
Revenue Type
Amount
Property Taxes
Franchise Fees
Lodging Tax
Licenses/Permits
Intergovernmental
Charges for Services
Fines & Forfeits
Miscellaneous
$11,270,799
$480,000
$150,000
$634,105
$1,212,972
$2,986,521
$78,500
$289,787
Total Operating Revenues
$17,102,684
Charges for
Services
17%
Intergovernmental
7%
Licenses/Permits
4% '
Lodging Tax
1%
* Includes General Fund and budgeted Special Revenue
Funds. Excludes Bond Proceeds.
Franchise
Fees
3%
Fines Et Forfeits - Miscellaneo_.
< 1 % 2%
Property
Taxes
66%
rf
2021 Proposed Operating Expenditures'
Expenditure Type
Amount
General Government
Public Safety
Public Works
Culture & Recreation
Total Operating Expenditures
Public Safety:
Police, Fire
Building Inspections
Emergency Management
Culture Et Recreation:
Special Events
Library, Parks
Community Beautification
Public Works:
Engineering
Streets
WACO Recycling
$4,483,024
$6,581,065
$1,720,266
$4,471,048
$17,255,403
General Government:
Mayor a City Council
Elections, MIS
Finance, Lodging Tax
Administration, HR
City Attorney
Plant/City Hall
Community Development
Unallocated
Culture Et
Recreation
26%
Public
Works
10%
General
Government
26%
Public
Safety
38%
* Includes General Fund and budgeted
Special Revenue Funds. Excludes
Capital Outlay, Debt Service and
Enterprise Funds.
Property Tax Levy
Proposed 2021 vs Adopted (Actual) 2020
Approved Preliminary Budget (September 15, 2020)
2020
Adopted
$10,587,577
$4,022,126
$14,609,703
General Operating Tax Levy $11,270,799 $683,222 6.453%
Debt Service Tax Levy
$3,727,390 -$294,736
-7.328%
Totals
$388,486
Updated Proposal (December 1, 2020)
2020
Ado• ted
CITY-WIDE LEVY
$10,587,577 General Operating Tax Levy
$4,022,126 Debt Service Tax Levy
2021
Pro• osed
$ Increase/
Decrease
$11,270,799 Air$683,222
$3,678,755
Increase/
Decrease
-$343,371 r -8.54%
$14,609,703
Totals
$14,949,554
$339,851
2.33%
City Property Tax Rates
Last 9 Years and Estimated 2021*
64%
62%
60%
58%
56%
54%
52%
50%
48%
46%
1
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021*
Year
Rate
2012
54.674%
2013 61.503%
2014 58.216%
2015 54.916%
2016 56.996%
2017 56.927%
2018 53.421%
2019 54.288%
2020 53.474%
la
2021* 51.995%
1
1
Property Tax Rate
Proposed 2021
Formula: Total City Property Tax Levy - City's
Taxable Tax Capacity = City Tax Rate
Item
Actual Pay
2020
Proposed
Payable 2021
Property Tax Levy
$14,609,703
Fiscal Disparity Portion of Levy - $1,482,658
City's Portion of Levy
$13,127,045
City's Taxable Tax Capacity
City Tax Rate
- 24,548,654
ci
53.474%
$14,949,554
2.3%
$1,455,253
-1.8%
$13,494,301
2.8%
25,952,996
5.7%
The following assuuptions are
based on data (which are
estimates at this time) provided
by Washington County:
Assumptions
5.7% increase in the City's
Taxable Tax Capacity.
1.8% decrease in the Fiscal
Disparity Portion of Levy.
Tax Impact
Proposed 2021
Actual Payable 2020
IllW ActuaW City
Market Tax City Tax Prope
Value` Capacity Rate Ta
Data based on
information provided
Washington County
Proposed Payable 2021
Taxable Proposed
LMarket Tax City Tax
Valueill 1._Capacity Rate
City =I�
Propert
$ Change % Change
296,500*
2,859
53.474%
$1,528.82
299,200
2,889
51.995%
$1,502.14
-$26.67
-1.7%
99,100
708 53.474%
$378.60
148,700 1,248 53.474% $667.36
' 247,800. 2,329 53.474% $1,245.41
396,400 3,948 53.474% $2,111.15
Assumptions
.9% increase in Market Value in Residential Properties from 2020 to 2021
Information is based on Residential Homestead Properties
Market Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature.
dian value home in Stillwater.
*Me
100,000
718 51.995%
$373.33
-$5.27
- 1.4%
150,000 1,263 51.995% $656.70 -$10.65
- 1.6%
250,000 2,353 51.995% $1,223.45 -$21.95
- 1.8%
400,000 3,988 51.995% $2,073.57 -$37.57
- 1.8%
Where Does Your Property
Tax Dollar Go?
How the City spends each dollar it receives from the tax levy
Public Safety
31C
Debt Service
25C
General Culture & Public
Government Recreation Works
19C 17C 8C
1 1111
Public Safety:
Police, Fire
Building\Inspections
Emergency Management
General Government:
Mayor a City Council
Elections, MIS
Finance
Administration, HR
City Attorney
Plant/City Hall
Community Development
Unallocated
Culture a Recreation:
Special Events
Library, Parks
Community Beautification
Public Works:
Engineering, Streets
City of Stillwater Estimated Property
Tax Allocation - All Taxing Jurisdictions
Other Taxing
Districts, 6%
Stillwater School
District, 28%
Washington
County, 23%
City of
Stillwater,
43%
w
Other Taxing Districts include:
➢ Met Council
➢ Met Council Transit
➢ Metro Mosquito Control
➢ Watershed Districts
➢ Washington County HRA
QUESTIONS ???
City of Stillwater
c►� �Illwater. FYI
THE BIRTHPLACE OF MINNESOTA
November 25, 2020
Town of St. Joseph Town Board
Town of St."Joseph Plan Commission
Attn: Annie Coyle, Town Clerk/Treasurer
1337 County Road V
Hudson, WI 54016
RE: Proposed Town Zoning Map Property Zoning District Designation Request
Dear Town Chair Johnson, Plan Chair Rang, and Town Clerk/Treasurer Coyle,
As you know, the City of Stillwater owns two parcels (Tax Parcel ID 030-2047-30-000 and 030-
2049-30-000) in the Town of St. Joseph. As part of your zoning district designation process, you
are proposing these properties to be zoned Preservation Residential. However, the City of
Stillwater is requesting that these properties be zoned as Conservancy due to their history and
public ownership.
The East Side Lumber Company (ESLC) donated the land to the City of Stillwater in 1917 with
the purpose that the "bluffs will be preserved from devastation of commercial usage and the
beauty of them kept for all our people". Since being bequeathed to the City, the property
referred to informally as Kolliner Park, has remained true to the causes of preserving natural
open space and recreation. A tourist camp was built on the site in 1924 and in 1931 the
American Legion received permission to construct a swimming beach south of the Highway 64
bridge. As part of the St. Croix River Crossing Project mitigation efforts included "removal of
non -historic elements to a reversion to a natural state". Though the site's active recreation
opportunities ceased in 1979, Kolliner Park is listed in the City of Stillwater's park inventory,
recognized for boat and pedestrian access only.
On March 12, 1917 ESLC President David Bronson wrote "we hope in the years to come that the
shore rights will also provide additional value to the City." Since the City's acquisition of the
property, the City's Charter specifically provides that 'Iand...within Minnesota or Wisconsin that
borders on the St. Croix River shall not be sold, leased, disposed of, developed or have its
character substantially changed or altered unless" approved by ordinance that requires a 4/5tns
CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082
PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us
THE BIRTHPLACE OF MINNESOTA
vote of the City Council and the majority of voters of the City of Stillwater in a special election.
Within the 103 years of City ownership no such ordinance has been initiated. Moreover, our
Comprehensive Plan guides future use of the property to remain as natural open space with
only passive recreational use.
Therefore, we believe that zoning the properties Conservancy rather than Preservation
Residential would be more fitting for the historical, current and planned uses of the property.
Please do not hesitate to contact me if you have any questions about the City's request.
Sincerely,
Bill Turnblad,
Community Development Director
Phone: (651) 430-8821
Email: bturnblad@ci.stillwater.mn.us
Cc: Mayor Ted Kozlowski and Stillwater City Council
Stillwater City Clerk Beth Wolf
CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082
PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us
TOWN OF
ST. JOSEPH
ST. CROIX COUNTY, WISCONSIN
November 18, 2020
Dear Resident:
St. Croix County did a major revision to their Zoning Ordinance one year ago. Through a series of open
houses and meetings with the Town of St. Joseph residents, it was determined that there was significant
interest into looking at the legally allowed option of implementing Town zoning. Town Electors gave
the Town Board authority to move forward in drafting a Town Zoning Ordinance in September. The
proposed Town Zoning Ordinance and Town Zoning Map is based on the Town's Comprehensive Plan.
The Town of St. Joseph Zoning Ordinance will allow us to have local control and oversight, more timely
enforcement and a tailored Zoning Ordinance to our Town.
As part of the process we have created a draft Zoning Ordinance, a Zoning Use Table and a Zoning Map
showing the various zoning districts.
We are informing you by this letter that your zoning district designation and permitted land uses would
change to the new zoning districts and land uses as shown on the enclosed proposed St. Joseph Town
Zoning Map and proposed Land Use Table. You can go online at www.townafstioseph.cam to view the
proposed Town Zoning Ordinance and the Land Use Table and see what uses are allowed in your district.
You can also view the proposed map. You may also make an appointment at the Town Hall to view
these documents by calling 715-549-6235.
1337 County Road V
Hudson, WI 54016
715/549-6235
FAX 715/549-6249
clerk@townofstjoseph.com
Also on the Town's website there is a comparison document that compares the Town's residential
districts to the old County ordinance and to the R-2 designation in the new County ordinance.
If you have any questions or concerns regarding zoning and the information provided, please feel free to
call or email:
Plan Commission Chair- Anton Rang - tsi-pc@insonuit.org
Town Chair —Theresa Johnson - 715-222-6235 chair@townofstloseph.com
Or Town Clerk/Treasurer — Annie Coyle — 715-549-6235 clerk@townofstloseph.com
The Plan Commission is having a public hearing on this ordinance on November 30, 2020 at 7:OOPM.
Please view the agenda on our website to attend in person or by Zoom. This public hearing is for
everyone's input after which the Plan Commission will review all comments and make necessary
changes prior to sending it to the Town Board. Once the Town Board has received it, there will be one
more public hearing prior to a vote by the Board to approve or deny.
Sincerely,
Town of St. Joseph Plan Commission and Town Board
TOSJ Zoning Use Table
Chapter 170 Zoning Use Table
This table is provided as a convenience for general review of permissions within zoning districts Chapter 1701ext includes more detail and shall overrule any discrepancy between the text and this table
Standard*
Traditional
Residential
Preservation
Residential
Rural
Residential
20+ Acres
Rural
Residential
5 to 20 Acres
_
Rural
Residential
<5 Acres
Conservancy
District
Traditional
Commercial
Town Center
Commercial
Rural Mixed
Use
Business Park
Agrloulture J1W "MI
Animals
Aquaculture
P
P
P
P
Beekeeping
P
P
P
P
P
P
Keeping Livestock
p
P
P
P
Livestock Facility (5300 animal units)
C
P
P
C
Raising Chickens, Ducks, and Fowl
p
P
P
P
P
Plants
Crop or Forage Production
p
P
P
p
Floriculture
P
P
P
P
P
Forest Management
p
P
p
P
Sod or Christmas Tree Production
p
P
P
P
Wholesale Nursery
C
P
P
C
P
Community Garden
P
p
p
P
p
p
p
p
Community Supported Agriculture (CSA food farm)
9
P
P
P
P
P
p
Greenhouse
A
A
A
A
A
A
A
A
A
-A
Harvesting wild crops
p
p
p
p
P
Pick -Your -Own Operations
P
p
Residences
Accessory Buildings
A
A
A
A
A
A
A
A
A
A
Dwelling, single family
P
P
P
p
P
P
Dwelling, Secondary
C
C
C
C
C
Dwelling, Two Family
C
C
C
C
C
P
Dwelling, Multiple
_
C
C
Live -Work Units
C
C
Temporary Residence
C
C
_ C
C
_
C
Group Living
Community Living Arrangement (9-15 persons)
C
C
C
C
C
Community Living Arrangement (greater than 15 persons)
C
C
C
C
C
Foster Home/Adult Family Home
p
P
P
p
p
Residential Care Services/Group Horne
C
C
E
C0mrrtesdoI/Mixed Uses
Animal Services
Kennel, Commercial (5 acres or more)
C
C
C
Veterinary Clinic for Domestic Animals
C
C
p
Arts, Entertainment and Recreation
Adult Establishment
C
Artisan Workshop
C
C
C
P
Athletic Fields or Sport Courts
C
C
C
Dance School, Fitness Center or similar Indoor Recreation Facility
C
C
p
Drive In Theater
C
Game Arcade
P
Golf Course
C
C
Museum, Gallery or similar Cultural Center
C
C
P
Reception, Meeting or Community Events Center
C
C
p
Recreation Outfitter
C
C
C
Single Screen Theater, Movie, or Performing Arts Stage
C
C
C
Day Care
_
Child Care Center (9 or more children)
P
Small Group Day Care for Children or Adults (up to 8 children or adults)
P
P
P
Food and Beverage Sales/Service
Bakery or Deli
C
C
P
Grocer or Food Cooperative
_
C
C
P
Liquor Store
C—
C
C
P
11/4/20 Public Hearing 11/30/2020
TOSJ Zoning Use Table
Roadside Stand
p
p
P
p
P
Sales of Processed or Preserved Agricultural Products and Produce
P
Specialty Beverage Tasting Room with Retail Sales
C
Tavern, Cafe or Restaurant
C
C
C
P
Lodging
_
Boarding House
C
C
C
Bed and Breakfast
C
C
C
C
C
C
Campground, Private
C
C
Campground, Public
p
Offices and Professional Services
Courier and Messenger Service
1
P
Financial or Investment Institution
P
p
Horne Health Care Service Offices
P
P
P
Innovation Workspace
C
C
C
P
Office - Business or Professional
p
p
p
p
Technology, Software and Computer Services
P
Personal Services
Barber, Salon, Day Spa or Beauty Shop
C
P
P
Car Wash
e
c
Dental Clinic \
C
C
C
P
Funeral home
C
Laundromat
C
C
C
Medical Clinic
C
_
C
C
Product Repair and Contractor Services
Automotive Service, Repair and Towing
C
C
C
Contractor Sales and Service
C
C
C
P
Maintenance and Repair of Goods and Equipment
C
C
C
C
Retail Sales
Artisan Furniture or fot iing andskaitar Retail Sales
P
P
P
Automotive Parts, Accessories and Tire Stores
C
Convenience Store, with or without Gasoline Sales
C
C
P
Dealerships (Off- Road, Watercraft and Implements)
C
-
C
Drug Store/Pharmacy
C
C
P
Farm Market or other Open -Air Agri -Business
C
C
C
C
C
C
Garden Center
C
P
p
Hardware supply store
C
P
P
Landscape Supply and Contracting Business (Plant or Tree Nursery)
C
P
Notion, Variety or Gift Shop
p
p
p
Office supply, printing, photocopy and packaging and similar services
p
Optical Sales
C
C
9
Miscellaneous Commercial
_
Agricultural Business
C
P
C
Horne Occupations, Major
C
C
C _
C
C
C
Horne Occupations, Minor
p
p
p
p
p
p
Any bmldrng more than 5500 sy., are feet
E
iNPUSsRiALI PROOUC ION
Manufacturing and Employment
._ _. _
Building Construction Services
P
Cabinetry, cabinet making and counters
P
Cut and sew apparel manufacturing
P
Fruit and vegetable preserving and speciality food manufacturing/packaging- with the exception of animals
C
Industry, Light
'
C
Micro -brewery, or Distillery with Tap/Tasting Room
C
Renewable energy production equipment, distribution and sales (wind, solar, and geothermal)
C
Winery
C
W areheusing. storm & Distribution
Contractor Storage Yard
C
C
C
C
C
C
Propane Storage and Distribution
C
Seasonal Storage
C
C
C
C
C
Self Storage Facility
C
11/4/20 Public Hearing 11/30/2020
TOSJ Zoning Use Table
11/4/20
Utilities
Darn
C
C
C
C
Electric Generaling Facility - small scale
C
C
C
C
C
&rW
Irrigation 3Ad InI I Watts Supply
C
C
C
Mobile Support Structures and Facilities
C
C
C
C
C
C
Utility, Minor
C
C
C
C
Solar Energy Production, Small Scale
P
P
P
P
P
P
P
P
Solar Engergy Production, Large Scale
Wired and communication/cable/transmission facility
C
C
C
C
�w�iirrelless
il%ti9i1„ Y11C& /cb
i -
L
--
Assembly
Governmental, Institutional, or Non profit Community Use
C
C
C
C
C
P
P
Club, Lodge or Meeting Hall
C
C
P
Churches/Religious Institution
C
C
C
C
C
C
C
P
Educational Institutions and Services
Botanical Garden or similar outdoor exhibits and scientific plant study
P
P
P
Interpretive and/or Research Center for Historical, Natural or Social Sciences
C
P
C
C
C
Preschool
C
C
P
School (Public or Private)
C
C
P
C
C
P
P
P
P
Technical or Trade School
P
Polak Administration
Library
C
C
P
P
P
C
P
P
Community Center
C
P
P
Parks, Trails and Open Space
P
P
P
P
P
P
P
P
P
P
Postal Service
P
p
Public Safety
C
C
P
P
P
l
P
Social Services and Non -Profit Organizations
Child and Youth Services
C
Elderly and Disabled Services
C
Family Services (food, emergency etc)
C
NOT£S:P•Poniard, Conalorail.A• AcomsoryUse. • • Use wp4atffm lNPty
Town of St. Joseph Zoning Standards Table
Lot and Surface
Lot Area, mirornurn need to discuss commercial areas _
20 acres
5 acres
3 acres
-
3 acres
3 acres
3 acres
3 acres
-. ----
3 acres
3 acres
3 acre density
Landscaped Area, minimum
15%
15%
15%
15%
Natural Area, minimum
65%
Building Coverage, maximum
5500 sq ft.
5500 so ft.
2500 so ft
4000 sq ft
5,500 sq ft
Impervious Hard Surface Lot Coyerage, maximum
10%
20%
20%
20%
2031
9uiding Fidght
-I
—___
Principal Building Height, maximum
35'
35'
35'
35'
35'
L
35'
35'
35'
35'
Accessory Dwelling/ Structure Height, maximum infl apple able In ag bslldingsl
35'
35'
35'
35'
35'
35'
35'
35'
35'
35'
Sethatitkiimildeptial Abuttenent
..
.-
— _
Side Yard, minimum
10
20'
20'
20'
20`
50`
20
20
20
50
Rear Yard, minimum
10
20'
20
20'
20'
50'
20
20
20
50
Side Yard for an Accessory Dwelling/ Structure. minimum
y0'
20'
70'
20'
20'
50'
20
20
20
20
Sege at metssA Ailk.
... A
1.
Side Yard Setback, minimum
50'
20'
20'
20'
50'
Rear Yard Setback, minimum
50'
20'
20'
20'
50
Side Yard for an Accessory Structure, minimum
50'
20'
20'
20'
20'
Public Hearing 11/30/2020
irl
PM
55
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Town of St. Joseph
Proposed Zoning Map
Traditional Commercial
1.1 Town Center Commercial
Gnu Rural Mixed Use
WM Business Park
11. Traditional Residential
Preservation Residential
Agricultural and Rural Residential
Parcel lines
11111 Conservancy
Open Water
[V,J NWI Wetland
a a Loop trail
November 9, 2020
Stantec
0 1,500 3,000
S : —
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\\Us0291-ppfss01\workgroup\1938\active \193803109\GI S\Projects\Zoni ng 11092020 22X34.mxd
November 12, 2020
FYI
STILLWATER TOWN BOARD MEETING
Via Zoom 7:00 P.M.
PRESENT: Chairperson Sheila -Marie Untiedt, Supervisors Bonnie Haines, Rod Hunter,
Mike McMahon and Tim Sinclair, Clerk Kathy Schmoeckel, Deputy Clerk Barb
Riehle, Planner Evan Monson, Treasurer Marsha Olson, Park Manager Kelley
Shantz and Chief of Police Steve Nelson
7:00 P.M. - Public Hearing - Rollie Variance
Pursuant to notice in the Stillwater Gazette and to surrounding property owners, a
public hearing was held to consider a request from Bruce Rollie for a variance to reduce
setback requirements for a solar array. Mr. Rollie had received a variance in 2019
allowing a proposed solar installation to be 2,400 feet in size. Given the location of
existing structures and trees/vegetation on -site, the ideal placement of the solar arrays
results in some of the arrays not being within the required 50 foot setback from the rear
property line. The property is located at 11070 Mayfield Avenue North.
Chair Sheila -Marie Untiedt opened the public hearing and introduced Planner Evan
Monson who reviewed the proposal per his staff report dated November 4, 2020.
There were the following questions and comments:
Lorraine and Michael Siever - They live next door to the Rollies and have known them a
long time. He uses the trail by his house and you cannot see the array from the trail.
This is a great idea and he supports it.
There were no further questions or comments. The public hearing was closed at 7:10
p
m.
7:10 P.M. - Regular Meeting
1. AGENDA - M/S/P McMahon/Sinclair moved to adopt the agenda as amended. (5
ayes)
2. MINUTES - M/S/P Haines/Sinclair moved to approve the October 8, 2020 Stillwater
Town Board Meeting minutes as written. (5 ayes)
3. ATTORNEY -
a. Resolution Adopting the Minnesota Township's General Record Retention
Schedule - M/S/P McMahon/Hunter moved to adopt the resolution adopting the
Minnesota Township's general record retention schedule. (5 ayes).
4. TREASURER -
Stillwater Town Board Mtg. 11/12/20 Page 2
a. Report given.
b. CARES Act Funds - A five minute meeting will be set up next Wednesday for the
Board to approve the allocation of funds.
c. Budget Meeting - Tim Sinclair and Marsha Olson will meet prior to the meeting
to discuss road budget items. The budget meeting will be held on Wednesday,
December 16th and 7:00 p.m.
d. Treasurer's Computer - The Treasurer needed to go over the allocated amount
for purchasing a new computer. M/S/P McMahon/Hunter moved to amend the
previous allowed amount to an amount not to exceed $750.00. (5 ayes)
e. Checks and Claims - Claims and Check Number 23339 through Number 23379
were approved for payment.
5. PLANNER -
a. Rollie Variance - M/S/P Sinclair/Hunter moved to approve the Rollie Variance
subject to the following conditions:
1) The placement of the solar energy system shall be consistent with the plans
submitted to the Township on October 21, 2020, with the minimum setback
of the ground mounted solar energy system from the rear property line
being 24 feet.
2) The applicant shall obtain a building permit, as needed, for installation of
the ground -mounted solar system.
3) The applicant shall maintain the existing vegetative screening between the
array and adjacent residential properties.
4) The applicant shall pay all fees and escrows associated with this application.
(5 ayes)
6. CHIEF OF POLICE -
a. Report given. There were 13 burning permits in October. No dogs were
impounded. There were 94 calls for service in October.
b. Resolution Decommissioning the Police Department - M/S/P McMahon/Haines
moved to adopt the Resolution Decommissioning the Police Department and
Establishing a Community Service Officer. (5 ayes)
c. Bruette Roofiing CUP - With vegetation off of the trees now, people can see the
Bruette site and there was a complaint. Mr. Bruette has been told to clean up
things in order to be compliance with his Conditional Use Permit, but he has not
done so. Outside storage has been an ongoing issue here. He will be invited to
attend the December 10th Town Board meeting to discuss.
7. ARCOLA HEIGHTS PARK - Chief of Police Steve Nelson discussed issues at this park
and how they have been dealt with. Some neighbors were present. Mike Frain said
that he is at ground zero for the traffic to and from the park. Some people are looking
at legal agreements of how the park was originally deeded. This is a public nuisance.
He suggested the Board check out the websites infinitediscs.com and
Syracuse.com/crime.
Clint and Kimberly Kumer agree with Mike. They are becoming more and more
concerned. There is speeding as people come and go. He cited many of the same
Stillwater Town Board Mtg. 11/12/20 Page 3
issues. People in the neighborhood and uncomfortable going into the park. This is a
public area in a private neighborhood. The situation seems to be escalating.
Barry and Ann Dayton said that this was fine when it was a natural park. There seems
to be a criminal element that attaches to disc golf. He has been told that this is a
community park and not a neighborhood park. The document setting up the park has
expired. He would like to see the Board consider selling the park as two lots and find a
more suitable site for the disc golf park.
Mary Freitag said that a neighbor had seen someone wandering around their back yard.
She saw a car going slowing through the neighborhood and looking into homes. When
confronted, he sped away.
The Board will ask the Park Committee to consider options, such as keep as disc golf, go
back to a passive park, sell the parcel, increased signage, enforcement issues.
Residents were encouraged to continue to report issues.
8. CLERK -
a. Canvass of Election - M/S/P McMahon/Hunter moved that The Town Board as
the Canvassing Board certify that the specified names of the persons receiving
votes and the number of the votes received by each office voted on per the
abstract received from Washington County for the election held on November 3,
2020. (5 aye)
b. Town Clerk Job Interviews - Due to the recent regulations, the interviews will be
held via Zoom. Interviews will be for 20 minutes per applicant on Wednesday,
November 18th starting at 7:00 p.m.
9. CURTISS HILLS TRAIL MAINTENANCE ISSUES - Rod Hunter reported on issues on
the trail that had not been adequately addressed. We need to give better directions on
trail maintenance to Miller Excavating. The Park Committee will be asked to discuss
this. Rod Hunter will send pictures to the Board.
10. STILLWATER TOWNSHIP DOMAIN AND EMAIL - Mike McMahon will provide options
and pricing.
11. WASHINGTON COUNTY CAPITAL IMPROVEMENT PLAN - The Board has reviewed
their plan and found no projects that would involve our community.
12. WASTE MANAGEMENT CONTRACT - Sheila -Marie Untiedt had checked into the
possibility of their providing additional services, such as electronic recycling. She was
told that we would need to have unified hauling.
13. CARNELIAN -MARINE WATERSHED DISTRICT RESOLUTION REGARDING THE
NUMBER OF MEMBERS - M/S/P Sinclair/Haines moved to adopt the resolution reducing
the number on the Carnelian -Marine St. Croix Watershed District board members from 7
to 5. (5 ayes)
Stillwater Town Board Mtg. — 11/12/20 Page 4
14. GARBAGE HAULER FEE COST - There was discussion of the possible need to
increase the fee of $100 per year which was initiated in 1999. After a discussion of our
administrative costs, there does not seem to be a need to increase the fee at this time.
14. TWINKLE LIGHTS AT TOWN HALL - Bonnie Haines has offered to install the lights.
15. ADJOURNMENT - The meeting was adjourned at 9:35 p.m.
Clerk
Chairperson
Approved