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HomeMy WebLinkAbout2021-01-19 CC Agenda PacketJordan -VAC TV Stllterater Conference R... Recalling LIVE 1119/21 Zno n Meefrng Lir IL+we 1u*Ir - Yeth Wolf. City Cierk Mayor Tad tC JOtrl►f EMI Pledge of Allegiance January 19, 2021 44 N 00:47 / 1:06:45 ill 1111111 0 LYall. �� l l lwa ter The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us Give 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.zoomgov.com/join or by calling 1-312-626-6799 and enter the meeting ID number: 161 843 8759 - (new in 2021) Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING January 19, 2021 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Swearing in of Police Chief Brian Mueller 2. 34th Military Police Company Proclamation 3. Sustainable Stillwater - Complete Streets V. 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. No Change to Agenda VI. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator VII. 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. January 5, 2021 regular and recessed meeting minutes 13. Payment of Bills 14. Adopting Master Park Plan for Aiple Property - Resolution 15. City Hall Boiler Improvement Project - Resolution 16. Construction Noise Variance for Manning/36 Project - Resolution 17. CPC Case No. 2020-54 Zoning Map Amendment for City Code Section 31-300 - Ordinance 2nd Reading 18. Lake McKusick Sediment Removal Project Bid Award- Resolution 19. Revised Itasca Marketing Agreement VIII. PUBLIC HEARINGS - None IX. UNFINISHED BUSINESS 20. Enacting City Code Chapter 34 Utilities Commission - Ordinance 2nd Reading 21. Stillwater Events a. COVID-19 Preparedness Plans Guidance: Requirements for Outdoor Non -Seated Venues b. Downtown Ice Rink Event Contract c. Frozen Flannel Outdoor Curling and Mini Spiel Event d. Zephyr Theatre Ice Maze X. NEW BUSINESS 22. Metropolitan Council Livable Communities Act Program Status XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda January 19, 2021                                 1‐19‐21 City of Stillwater Buildng Department Report                      Page 1 CITY OF STILLWATER LIST OF BILLS Able Hose & Rubber Inc. Access Corp Ace Hardware Active Network LLC Advance Auto Parts Advanced Sportswear Airgas USA LLC AMI Consulting Engineers PA Ancom Technical Center Applied Ecological Services ASCAP Babcock Matt BHE Community Solar Birchdale Fire BlueCross BlueShield of MN Inc. BMI General Licensing Board of Water Commissioners Bolton and Menk Inc. Breth-Zenzen Fire Protection LLC Bureau of Crim. Apprehension Burschville Construction Inc. Cambronne Eric Cates Fine Homes LLC Century Fence Company Century Power Equipment Cintas Corporation Cole Papers Comcast Community Thread Computer Integration Technologies Computer Services of Florida Curb Masters Inc. Dalco ECM Publishers Emergency Medical Products Environmental Equipment & Services FleetPride Fraley Thomas Frontier Ag & Turf Gopher State One Call Inc. Group Medicareblue RX Guardian Supply Henning Professional Services Heritage Printing Inc. Hisdahl Inc Supplies Document destruction services Supplies MaxGalaxy Equipment repair supplies Uniforms Equipment repair supplies Riverbank Stabilization Equipment installation T&E Study Music License Reimburse for work boots Solar Energy Inspection Retiree Health Ins Music license WAC Charges Greeley & Market PI List Station Sprinkler system inspection Terminal access charge Install & remove Christmas tree anchors Reimburse for Work Boots Refund Application Fees Neal Ave Equipment repair supplies Uniforms & mats Supplies Cable TV Contribution Heirloom & Landmark Website Contactless PIN pads Replace walk - 200 Mulberry Supplies Meeting date changes First aid supplies Equipment repair supplies Equipment repair supplies Equipment repair supplies Equipment repair supplies Locates Retiree Prescriptions Ins Uniform supplies Neal Ave Printing Tim Bell plaque 259.56 174.90 102.29 4,320.00 671.52 4,760.00 196.51 28,947.50 712.50 60.00 367.00 151.92 3,187.10 250.00 3,910.00 368.00 6,435.00 1,070.00 250.00 270.00 1,400.00 160.00 225.00 4,330.00 16.95 1,006.48 77.54 38.84 5,250.00 472.50 1,395.00 1,391.70 1,113.59 28.50 318.88 16,066.37 57.70 57.95 35.16 136.35 2,197.00 78.99 2,175.20 1,011.85 223.00 Page 2 Hoisington Koegler Group Inc Holiday Companies IDC Auotmatic IdentiSys Indelco Plastics Corporation ITCO Allied Engineering Co J.H. Larson Company Jefferson Fire and Safety Inc. Junker Brad Kelly & Lemmons PA Lawson Products Lentz Dan LeVander Gillen Miller PA Loffler Companies Madden Galanter Hansen LLP Mansfield Oil Company Marshall Electric Company Menards Metro Cities Metropolitan Council Minnesota Occupational Health Minnesota Sheriffs Association MN Chiefs of Police Assoc. MN Dept of Labor and Industry Modern Heating & Air MP Nexlevel LLC MSFDA NAPA Auto Parts Nardini Fire Equipment National League of Cities Office Depot OnSite Sanitation Performance Plus LLC Pioneer Rim and Wheel Co. Pro-Tec Design Quill Corporation Race Forward Radke Daniel Rehn Code Consulting Services Shilts Cindy Springbrook Software SRF Consulting Group Stillwater Motor Company Stillwater Rotary Club Stillwater Towing Streichers Target Solutions Learning Zoning amendments Vehicle washes Programming of new door remotes Concession supplies Equipment repair supplies 2021 Street project Equipment repair supplies Equipment repair supplies Reimburse for expenses Prosecution Equipment repair supplies Reimburse for winter work boots Professional Services IT professional services Labor Relations Services Fuel Electric service Supplies Membership Wastewater Charge & SAC Drug screen Training - Olson Leadership Academy Quarterly Surcharge Garage heater repair Locating Membership Equipment repair supplies Inspection Membership Office supplies Portable Restroom Medical eval Equipment repair supplies Camera additions Office supplies Membership Reimburse for work boots Plan review Reimburse for office supplies Monthly UB web payments 200 Chestnut St Traffic study Oil change Membership Tow service Tactical Shotguns & Ammo 2021 Target Solutions 3,257.76 240.00 280.45 627.38 231.50 5,395.00 127.10 1,145.00 40.00 8,333.00 647.52 93.71 12, 294.72 3,258.30 3,300.05 4,643.16 4,613.00 525.22 7,113.00 181,836.62 212.30 250.00 700.00 14,530.58 2,621.93 962.50 450.00 549.97 267.00 1,563.00 56.44 2,378.26 348.00 58.99 7,660.46 199.89 1,000.00 160.00 5,665.96 34.77 199.00 2,844.75 55.49 200.00 150.00 6,192.93 9,063.20 Theis Byron Titan Machinery Shakopee TKDA Toll Gas and Welding Supply Tri-State Bobcat Veterans Memorial Visu-Sewer Inc. Voyant Communications Wash. Cty Historical Society Washington Conservation Distr Washington County Election Washington County Hazardous Waste Washington County Sheriffs Office WSB & Associates Inc. Xcel Energy Youth Service Bureau LIBRARY Amazon Business Brodart Co Cintas Corporation Comcast Culligan of Stillwater Johnson Controls Fire Protection LP Kaericher Jodi Loffler Companies Master Mechanical Inc. MN Library Assoc. NAC Mechanical Pioneer Press St. Paul Stillwater Printing Co. Tan Karen Ni Washington County Library ADDENDUM Century Link Comcast Cubic DVS Renewal Enterprise FM Goat Dispatch Gopher State One Call Group Medicare RX Holiday Companies Lincoln National Reimburse for shipping for traffic counters Equipment repair supplies Chestnut St Civic Plaza Cylinders Toro mower Super Valu Parking Sectional liner Phone Contribution Shared Educator Election Maintenance Hazardous waste generator license Public Safety System MS4 Services Energy Contribution Materials Materials Towels & Rugs Internet - January Water Maintenance Contract (Feb 2021-Jan 2022) Staff Reimbursement Printer/Copier Contract Damaged Seal Kit& Bearing Assembly Membership - MLA (Petrie) Outdoor Air Sensor Materials Materials - Programs Programs SirsiDynix & OCLC Telephone Internet Spotlight Tabs - unmarked Lease Vehicles Goat Grazing Locates Retiree Prescriptions Car washes Jan COBRA life Ins Page 3 56.30 39.30 1,534.51 45.38 30,126.52 4,347.00 5,500.00 549.21 3,750.00 675.00 8,850.00 102.00 47,923.90 42.00 16,658.34 2,750.00 107.56 7,635.82 158.86 188.06 21.65 1,685.66 69.75 543.16 4,840.00 200.00 46.32 465.72 434.00 400.00 8,162.49 426.88 120.30 1,199.00 19.25 9,824.80 5,000.00 68.90 2,415.00 25.00 14.40 Page 4 Midway Ford Equipment repair supplies 82.45 National Fire Protection Assoc Membership & Subscription 1,520.50 PERA Shortage 161.59 POLCO License & platform access 2,388.00 SW WS Service Coop Retiree Ins 74,649.88 Theis Byron Reimbursement 57.40 Xcel Energy Energy 8,321.08 TOTAL 646,309.20 Adopted by the Stillwater City Council this 19th day of January, 2021 Mayor Ted Kozlowski DOWNTOWN ICE RINK LICENSE AGREEMENT THIS DOWNTOWN ICE RINK LICENSE AGREEMENT (the "Agreement") is made and entered into as of this day of January 2021, by and between the City of Stillwater, a Minnesota municipal corporation ("City") and DBD Partners Inc. d/b/a Water Street Inn, a Minnesota business corporation and Summer Tuesday Inc., a Minnesota non-profit corporation, (hereinafter collectively "Licensees"). WHEREAS, the City owns property located on Myrtle Street East in Stillwater, Washington County, Minnesota, known as Parking Lot #4 ("Premises") and legally described in Exhibit A which is attached hereto and made a part hereof; and WHEREAS, the Licensees wish to obtain a license for the use of a portion of the Premises for the construction and operation of a temporary outdoor ice rink and related activities; and WHEREAS, the City would like to support and encourage this recreational use of the Premises in order to foster and promote tourism and encourage commerce that will lead to increased property values and quality of life within the City. NOW, THEREFORE, in consideration of the mutual covenants, representations and warranties contained herein, the City and Licensees agree as follows: 1. TERM. This Agreement shall commence on January 20, 2021, and shall continue thereafter until April 11, 2021, weather dependent, subject to the terms and conditions of this Agreement. 2. LICENSE. The terms of this Agreement shall only create a license for the Licensees to construct, operate, manage and maintain a temporary outdoor ice rink on the south end of the Premises described in Exhibit A. This Agreement does not create an interest in real property such as an easement or any other property right. 3. SECURITY DEPOSIT. Upon execution of this Agreement, Licensees shall pay to the City a security deposit in the amount of $1,000. The City shall retain the security deposit and may apply the security deposit to any obligations of Licensees under this Agreement, including but not limited to damage to Premises or payments due herein. City shall refund any unused portion of the security deposit to Licensees within sixty (60) days of the termination of this Agreement. If City does not return the full deposit amount, City shall provide to Organizer an itemized accounting of any amounts withheld, within sixty (60) days of the termination of this Agreement. The City shall retain any interest earned on the security deposit. 4. COVID-19 REQUIREMENTS. Licensees must follow all Minnesota Governor's COVID-19 Executive Orders, Minnesota Department of Health and Center for Disease Control guidelines and Stay Safe Minnesota COVID-19 Preparedness Plans Guidance: Requirements for Outdoor Non -Seated Venues. 5. CONSTRUCTION OF OUTDOOR ICE RINK. Licensees will, at its sole expense, construct a temporary outdoor ice rink on the south end of Premises, with the dimensions being 40 feet by 100 feet. All construction or apparatus installed on Premises shall conform to all applicable laws or building codes governing such installations. The Licensees shall be responsible for flooding the ice rink and maintaining it. The Licensees will not be allowed to install bleachers, warming tents, vendor tents, locker room tents or temporary lighting. The Licensees agree to conduct a walk-through inspection of the Premises with a City employee of the Public Works Department on an agreed upon date and time to assess the condition of the south end of the Premises outlined in Exhibit A. a. The Premises is not designed for the construction of an outdoor ice rink. No representation, statement or warranty, expressed or implied, has been made by or on behalf of the City as to the suitability of the Premises for use as an outdoor ice rink nor for the condition of the Premises. The taking of possession of the Premises by Licensees shall be conclusive evidence that Licensees accepts the Premises "as is." In no Event shall City be liable for any defect in the Premises. b. Licensees shall not drive stakes, excavate, or otherwise undertake any such actions without first securing written approval from the City. If such work is authorized by the City, Licensees agree to secure the presence of a City public works employee on -site at Premises before commencing any work. Licensees shall limit the on -ground use of wires or hoses to only those areas which are not accessible to normal pedestrian traffic. In the event the Licensees need to install on -ground utilities, Licensees shall first secure the permission of City and shall ensure that any such installation complies with all applicable codes and laws. 6. MAINTENANCE OF PREMISES. Licensees shall keep and maintain the Premises and all improvements in a safe, sanitary, and orderly condition, in good repair, and shall restore and yield the same back to City upon the termination of this Agreement in such condition and repair as shall exist at the commencement of this Agreement. Licensees shall not damage or cause waste to the Premises and shall maintain all areas of the Premises in a safe, sanitary, functional and orderly condition at all times, free of refuse and objectionable noises, odors or nuisances. 7. SUPERVISION & SECURITY. Licensees shall be responsible for providing all supervision of Licensees' employees, agents and visitors on the Premises. Licensees shall be responsible for ensuring that all employees, agents and visitors, while using the Premises, follow any and all federal, state and local laws, regulations, ordinances and policies. In addition, Licensees shall be responsible for the safety and behavior of all employees, agents and visitors, including but not limited to safety, noise, and objectionable actions. Licensees agree that at all times during use of the Premises under this Agreement, the Premises will be properly supervised and overseen by an employee or agent of Licensees with sufficient decision -making authority to act on behalf of Licensees. a. The City reserves the right to order a shutdown of the Premises in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Licensees will assist the police in the clearing of the Premises. b. Prior to allowing the public on the Premises, Licensees and the City shall meet and confer to mitigate public safety risks. Licensees may be required to contribute to costs, as determined by the Stillwater Police or Fire Depaitiuents, that are due to traffic control, public safety or health hazards generated by the Premises' activities. Any contribution by the Licensees to public safety costs shall be established in writing by the City Administrator. 8. REMOVAL OF EQUIPMENT. The Licensees shall remove all of its equipment and amenities from the Premises on or before 5:00 p.m. on Friday, April 11, 2021, weather permitting. If an extension of this deadline is required, Licensees shall obtain prior written authorization from the City. After the removal of all the equipment installed by Licensees in performance of this Agreement, Licensees agree to work with the City and conduct a walk-through inspection of the Premises to determine the condition of Premises and discuss restoration activities of the Premises, if necessary. 9. DAMAGE. If any portion of the Premises, surrounding landscape, parking lot or any other City property or equipment is damaged by any action or failure to take action by Licensees, its employees, agents, or visitors during the term of this Agreement, Licensees shall be responsible to repair the damage in accordance with the direction provided by the City. If Licensees fails to repair the damage as directed, City may terminate this Agreement and reimburse itself from the Security Deposit for any expenses City incurs as a result of repairing any damage to the Premises. If the Security Deposit is insufficient, City may invoice Licensees for the cost of repairing such damage not covered by the Deposit, which Licensees shall pay within fifteen (15) days of receipt, unless a longer period of time is authorized in writing by the City. 10. ACCESS; SNOW PLOWING. Licensees shall be responsible for providing access to the Premises during the hours of operation for the term of this Agreement. The City, its agents and representatives may, upon reasonable notice to Licensees, enter to view and inspect the Premises or to clean and maintain the same, make repairs, or to make such improvements or changes in the Premises as City may deem proper. If the City determines that such repairs, improvements, or changes are needed, the City shall coordinate with Licensees so as not to disrupt Organizer's use of the Premises. There shall be no diminution of compensation payable to Licensees and Licensees hereby releases City of all liability, claims, losses, suits, damages, and injuries, by reason of inconvenience, annoyance or injury to the business conducted pursuant to his Agreement on account of any such entry or acts by City, its agents or representatives. a. City will continue to plow the City streets around the Premises consistent with the City's standard snow plowing policy. City does not make any warranty or guarantee that any City street or parking lot will be plowed at any given time which would allow Licensees to operate on the Premises and its guests and invitees to access the Premises. Licensees shall plow or arrange for plowing of the Premises. 11. FOOD & BEVERAGE. Licensees may provide food and alcoholic and non-alcoholic beverages for sale on the Premises at a location designated in their COVID-19 Preparedness Plan, approved by the Washington County Health Department, and allowed by the Stillwater City Code and State Law. All required licenses under the City Code and State law must be approved by and proof of Liquor Liability Insurance Coverage must be submitted to the City Clerk. No food or beverage is allowed on the Premises except that which is sold by the Licensees. 12. CITY SERVICES. The type and amount of the materials specifically noted in this Section that are needed on the Premises, will be determined by the Public Works Superintendent. The Licensees shall be required to provide restrooms, trash removal, and electricity. The Licensees may contact the City to arrange rental of materials and will be charged for their use according to City policies. a. Trash Management. The Licensees shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated on the Premises. The Licensees shall make certain that all trash is picked up daily. The Licensees shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Licensees fail to remove any excess garbage. b. Electricity. Each electrical box needed on the Premises will be opened by the City on January 20, 2021. Licensees agree to meet with the City and/or the State electrical inspector a minimum of one (1) week prior to opening to ensure all electrical services comply with the Minnesota Electrical Code. Inspection costs, if any, shall be the Licensees' responsibility. c. Parking Lot Use. The Licensees shall have use of City Parking Lot #4 (29 spaces) for the duration of this Agreement. The Licensees shall promote the use of the City parking ramp in any advertising media. d. Water. The Licensees shall pay the bulk water rate of $2.00/1,000 gallons for water usage from the fire hydrant located at Water and Myrtle Streets. The City shall not be liable for any water loss due to a water main break or repair to the distribution system. 13. INDEMNIFICATION. a. Indemnification of City. Licensees shall indemnify, defend and hold the City, its Council, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, action, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys' fees, that the City incurs or suffers, which arise out of, result from or relate to: i. The construction, management, or maintenance of the outdoor ice rink on the Premises pursuant to this Agreement by the Licensees, its contractors, its members or any party acting under the authorization or direction of the Licensees; and ii. Any other activity within the Premises pursuant to this Agreement or under the assumed authority of the City by the Licensees, its contractors, its members or any party acting under the authorization or direction of the Licensees; and iii. The termination of this Agreement by the City. In no event shall the Licensees be responsible to indemnify the City for any claim, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties and attorneys' fees, that are incurred due to the negligence or intentional misconduct of the City. b. Governmental Immunity. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Licensees, its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided in Minnesota Statutes Chapter 466. c. Hazardous Substances. The Licensees agree that no hazardous substances, pollutants or contaminants shall be used for any operation, management, or maintenance of the outdoor ice rink on the Premises. Minimum application of eco-friendly salt on the Premises is allowed. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys' fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release of any hazardous substances, pollutants, or contaminants, caused by Licensees. 14. TERMINATION. a. Automatic Termination. The City and Licensees agree this Agreement shall automatically terminate upon the date shown in Section 1 above. This automatic termination provision can be amended pursuant to Section 19(d). Licensees acknowledge and agree that the terms of Section 13 shall survive any termination of the Agreement. b. Licensees Termination. The Licensees may terminate this Agreement at any time by providing the City with notice pursuant to Section 15. If the Licensees dissolve or become an inactive Minnesota corporation, such action shall constitute a termination by the Licensees. c. City Termination for Licensees Failure to Maintain. If the Licensees fail to maintain the Premises within a reasonable standard of care and according to the terms and conditions of this Agreement, the City may serve notice of the maintenance deficiency. If the Licensees fails to cure the maintenance deficiency within three (3) days of the notice of maintenance deficiency, the City may service a notice of license termination. If the Licensees fails to request a hearing before the Stillwater City Council in writing pursuant to the notice requirements of this Agreement within five (5) days of the notice of license termination, this Agreement shall be deemed terminated. If the Licensees request a hearing before the Stillwater City Council, the termination shall be effective following reasonable notice, a City Council hearing, and the passage of a City Council resolution terminating the Agreement. d. Termination for Public Purpose. This Agreement may be terminated by the City upon passage of a City Council resolution finding that the Premises is needed for any alternative public purpose which may require either a temporary, partial, permanent and/or total elimination of the Premises for uses as an outdoor ice rink. The termination of this Agreement shall be effective upon the City's service of said resolution upon the Licensees pursuant to the notice requirements. If requested in writing by the Licensees and served upon the City pursuant to the notice requirements, the City shall conduct a public hearing on the necessity of the alternative public purpose use of the Premises prior to the termination of the Agreement. 15. NOTICES. Any notice or demand permitted or required hereunder shall be communicated to the following addresses: If to City: If to Licensees: City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Attention: City Administrator Or e-mailed: tmccarty@ci.stillwater.mn.us 101 Water Street South Stillwater, MN 55082 Attention: Charles Dougherty Or e-mailed: 16. CITY'S REPRESENTATIVE. The City has designated Tom McCarty to act as the City's representative with respect to this Agreement. He shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to this Agreement. 17. CITY'S DUTIES. The terms of this Agreement shall not be considered an affirmative duty upon the City to operate, manage or maintain an outdoor ice rink on the Premises. The terms of this Agreement shall not be considered an affirmative duty upon the City to improve or increase the City's routine maintenance of the Premises. 18. INSURANCE. The Licensees represent that Licensees have general liability insurance and hereby agrees to provide the City, for the City's approval, a copy of its general liability insurance policy prior to the operation, management or maintenance of an outdoor ice rink on the Premises pursuant to the terms and conditions of this Agreement. Licensees agree to keep its general liability policy in place and active at all times during the term of this Agreement and Licensees agree to give the City written notice of any policy cancellation or changes in the general liability policy limits. The City agrees to approve Licensees general liability insurance provided the City is named as an additional insured party under the following policy limits - a. General Liability Insurance, with a limit of $1,500,000 for any number of claims arising out of a single occurrence and $2,000,000 in the aggregate. b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. 19. GENERAL PROVISIONS. a. No Third -Party Recourse. Third parties shall have no recourse against the City of Licensees under this Agreement. The covenants and conditions of the Agreement are intended for the benefit of the parties hereto and are not intended to create any third -party beneficiaries. b. Severability. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Agreement. c. No Assignment. The parties mutually recognize and agree that this Agreement shall not be assigned by the Licensees unless said assignment is agreed to by the City in writing. d. Amendment. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any agreement on the part of any party for any such amendment must be in writing. e. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. f. Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. The parties hereto agree that a facsimile signature on this Agreement shall operate as an original signature and shall be considered binding on the parties. g. Headings. The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. h. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement is breached by the Licensees and thereafter waived in writing by the City, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the City must be in writing. i. Accessibility. Licensees shall comply with all applicable federal, state and local accessibility requirements to ensure access to the Premises by all persons. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date identified above. CITY OF STILLWATER Ted Kozlowski, Mayor Beth Wolf, City Clerk DBD Partners Inc. d/b/a Water Street Inn Summer Tuesday Inc. By: By: Its: Its: NI 1 1\7 ter The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us Give 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.zoomgov.com/join or by calling 1-312-626-6799 and enter the meeting ID number: 161 843 8759 - (new in 2021) Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING January 19, 2021 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Swearing in of Police Chief Brian Mueller 2. 34th Military Police Company Proclamation 3. Sustainable Stillwater - Complete Streets V. 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. VI. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator VII. 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. January 5, 2021 regular and recessed meeting minutes 13. Payment of Bills 14. Adopting Master Park Plan for Aiple Property - Resolution 15. City Hall Boiler Improvement Project - Resolution 16. Construction Noise Variance for Manning/36 Project - Resolution 17. CPC Case No. 2020-54 Zoning Map Amendment for City Code Section 31-300 - Ordinance 2nd Reading 18. Lake McKusick Sediment Removal Project Bid Award- Resolution 19. Revised Itasca Marketing Agreement VIII. PUBLIC HEARINGS - None IX. UNFINISHED BUSINESS 20. Enacting City Code Chapter 34 Utilities Commission - Ordinance 2nd Reading 21. Stillwater Events a. COVID-19 Preparedness Plans Guidance: Requirements for Outdoor Non -Seated Venues b. Downtown Ice Rink Event Contract - available Tuesday c. Frozen Flannel Outdoor Curling and Mini Spiel Event d. Zephyr Theatre Ice Maze X. NEW BUSINESS 22. Metropolitan Council Livable Communities Act Program Status XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda January 16, 2021 Cite of 'titfivater, fIliuue5ota JtecP.cuttaxiart WHEREAS, Each year since 1970, the Office of the Provost Marshal General has recognized the best Military Police Units in the Army. Last year, the award was named to honor Major General Harry Hill Bandholtz for his efforts during World War I that established the Military Police Corps as a vital asset and a necessary function within the U.S. Army; and WHEREAS, the 34th Military Police Company, Stillwater, Minnesota, is rated number 1 of 94 organizations in readiness, and is proven in its support to the Continental United States and Outside the Continental United States missions; and WHEREAS, the 34th MP Company, were the first Army National Guard Unit to win this Award in Fiscal Year 19, and the in the past 50 years of the award, only 12 units received the award twice and 34th MP Company is the first to receive it 2 years in a row; and WHEREAS, throughout Fiscal Year 2020, the 34th MP Company activated twice within two months to support local law enforcement, fire fighters and medical services during civil disturbance operations; and WHEREAS, three months later the unit was called upon for Title 10 mobilization and deployed in support of Joint Task Force- Guantanamo to conduct detention operations; and WHEREAS, the unwavering professionalism and dedication of the Soldiers of the 34th MP Company continue to be evident in their actions not only at home, but also abroad; and WHEREAS, we want to thank the 34th Military Police Company for their selfless and courageous devotion to duty, and are gratified and proud that they claim their home in our beloved City. NOW THEREFORE, I, Ted Kozlowski, Mayor of Stillwater, do hereby proclaim January 19, 2021 as 34th Military Police Company Day! in the City of Stillwater and encourage the citizens of Stillwater to congratulate the 34th Military Police Company on their accomplishments. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this this 19th day of January, 2021. ltlayor 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 January 5, 2021 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order via Zoom at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker and Polehna Councilmember Elect Odebrecht 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 Public Works Director Sanders Library Director Troendle OTHER BUSINESS St. Croix Curling Center City Administrator McCarty provided background on the effort to get a curling facility in Stillwater. Since the Council approved a resolution in May 2020 supporting the concept of a curling facility at the St. Croix Valley Rec Center, the St. Croix Curling Club (SCCC) has been working on the effort and is ready to update the Council. Jim Honsvall, president of SCCC, gave a slide presentation on the St. Croix Curling Center, which was formed in 2018 as a 501(c)3 nonprofit. Last month, their board passed a resolution in support of a partnership with the City for a curling center connected to the Rec Center. Collaboration with all users and stakeholders of the entire facility will be needed. The board has gone as far as it can go without formal involvement of the City. The next steps are to revise and finalize the design, prepare a comprehensive budget, get additional stakeholder and community input, put together a project team, and establish a Memorandum of Understanding between the Curling Center Board and other groups. SCCC proposes that the City lead and oversee the design process. Brad Kruse, SCCC fundraising chair, stated they envision a combined collaborative capital campaign using a short term pass through fund of the St. Croix Valley Community Foundation. However, fundraising cannot begin until they have a firmer grasp on what they are aiming for. Mr. Honsvall stated the key questions are: Is the Council supportive of exploring this further? Can City staff guide the next steps? Is the Council willing to lead development of a design and budget, and how can all interested stakeholders participate? City Council Meeting January 5, 2021 Mayor Kozlowski commented that before doing capital campaigns, usually a feasibility study is done. He would like a recommendation on how much City involvement is feasible, and some confirmation that it is a worthwhile effort, based on numbers in the community. This would be a major public works project for the City. Mr. Kruse replied that the SCCC Board intends to lead the feasibility study. They have a fairly long list of prospects and believe there is fundraising capacity for this project. Councilmember Junker noted that after the City Council gave concept approval in May, he thought the SCCC would proceed to get firm commitments from potential donors based on the concept of a curling center coming to Stillwater. He questioned what needs to be spent on concept plans to get to that point in fundraising; and Mr. Honsvall responded that at one time there was a possible estimate of $8-10 million for a curling club, but the uncertainties of connecting it to the existing building may increase the cost to $20-30 million. The SCCC felt there was not enough detail to go out and ask for money. Mr. Kruse pointed out that the SCCC has brought in more partners, including the hockey community who have additional ideas for improvements. They do not want to start a fundraising campaign to just focus on the curling center when there may be potential for a bigger campaign to make a number of other improvements to the Rec Center. Councilmember Junker stated he was surprised by the jump from $6-7 million, to more like $10-11 million, and now $20-25 million. Mr. Honsvall stated he does not feel the City will need to spend hundreds of thousands to take it to the next step, but it will be necessary to ask for the right amount when going to large donors. James Hanke, business development with Market & Johnson, stated with every project there are needs and wants. The rough estimate is greater than $21 million because everything has been included as a potential component of the project. The City, the Curling Club and the Rec Center need to winnow this design down to the real needs of the project. Having the City lead that process ensures input from the City and other core stakeholders. He believes the cost will be in the $20-30 million range. Councilmember Junker noted the numbers are more than triple what was discussed earlier. Councilmember Polehna pointed out that a self contained curling center would be much cheaper, but early on, the Council told the SCCC this has to be for the entire community, not just curling. Councilmember Junker recalled that a co -mingled refreshment/kitchen area was discussed. Councilmember Polehna stated new high school boys and girls locker rooms, a possible weight training room, exercise rooms and community rooms were also discussed. Mr. Honsvall noted that connecting it to a public building means certain codes must be met. A standalone building may have been built for $8 million, but adding it to the existing building with shared usage areas greatly increases the cost. Councilmember-Elect Odebrecht asked what is the minimum needed to get a realistic cost estimate; and Mr. Hanke answered that between $20,000-30,000 will allow the SCCC to retain a design expert to refine the design so viable cost estimates can be developed. Page 2 of 9 City Council Meeting January 5, 2021 Mayor Kozlowski asked about the process for building the St. Croix Valley Rec Center; and Councilmember Polehna explained that when the Rec Center was built, it started out with a single sheet ice arena and the dome. The City took the lead on the design and worked with the Hockey Association, high school hockey coach and St. Croix Soccer Club. He stated his concern is more about what this facility will cost in the future to operate and maintain. The Rec Center is the only City arena and dome in the State of Minnesota that is running in the black, thanks to manager Doug Brady. He supports the project and feels the money can be raised, but he would like to see an operating statement of what this facility will cost to operate. Mr. Honsvall stated he could provide a spreadsheet with the curling budget, but the shared costs will be harder to estimate. Mr. Hanke added that it is assumed that the curling component of the project would pay for itself via memberships and other activities. The connecting piece is a revenue generating component. Mayor Kozlowski asked if the City has a funding mechanism for the $20-30,000; and City Administrator McCarty replied that would take some analysis. Typically if the Council undertakes a major capital project, there is consensus, it is planned for in the budget process, and input is received from all the stakeholders. He suggested that all the stakeholders be identified and somehow engaged, then a consultant could generate a Request for Proposals, which can come back to the Council and stakeholders with a range of cost options. This facility is not in the City's 5-year Capital Improvement Plan. The process needs to be firmed up to move forward and it will involve heavy staff workload, therefore some internal analysis of possible staff support is needed. Councilmember Polehna noted the group has already addressed all the user groups and they all have appointed a designated representative. Councilmember Junker reitereated that going from a $10-12 million project to a $30 million project is a huge difference. He questioned what the City is getting for that: the same eight ice sheets for curling; a year round restaurant; and expensive locker rooms and community rooms. Councilmember Polehna noted that when the Rec Center was built, he heard the same concerns. It is now paid for. He is more concerned about the pro -forma, and whether the facility will be able to generate $200,000 a year in revenue. Mr. Hanke stated a pro -forma is critical to analyze operating revenue. The discussion underscores the need for winnowing down the design and defining the real needs and wants of the project. Mayor Kozlowski commented it would be an amazing project, but he wants to be cautious and not turn something that has been successful into a black hole. He would like to move forward and have staff come back with options on the best way to put the next steps together. Doug Brady, manager of the Rec Center, commented that if done correctly this project would be a nice asset for the community. It depends on how much debt service is involved and how much the community can support it. Page 3 of 9 City Council Meeting January 5, 2021 Mr. McCarty suggested the Council direct staff to develop scenarios for a way to move forward, and analyze City resources available to do an existing conditions and conceptual design RFP. He would like to talk to City staff, identify those things and come back with a conceptual process plan for the Council to discuss. Council consensus was to direct staff to prepare a process plan (no motion was made). STAFF REPORTS Interim Police Chief Jacobson commended Officer Zach Lund for assisting a resident stuck in the snow. He reported that many DUIs were issued and a suicide occurred over the holidays, the third since October. Mayor Kozlowski thanked Chief Jacobson for his service. Fire Chief Glaser stated that department staff received the first round of COVID vaccine. He informed the Council that retired Assistant Fire Chief Bob Barthol passed away. City Administrator McCarty stated the King Plant Advisory Panel meetings are on hold until June. The Water Department has transitioned into Public Works as of January 1, 2021. Water Department employees are now City employees. There is no City lobbyist for 2021, however the City will provide support to Washington County in its efforts for County Road 5 access to the Browns Creek Trail. Staff will draft a resolution for Council review. Councilmember- Elect Odebrecht voiced concern about safety at Neal and McKusick, which needs a crosswalk. Mr. McCarty recognized Interim Police Chief Jacobson for his service to the City. Chief Mueller will start on Monday. Library Director Troendle reported that the Library will be displaying 30 historic photos along the path in Lowell Park in late January -February. RECESS Mayor Kozlowski recessed the meeting at 5:50 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 7:00 p.m. SWEARING IN CEREMONY City Clerk Wolf gave the oath of office to Councilmembers Dave Junker and Larry Odebrecht. ROLL CALL Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna and Odebrecht 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 Page 4 of 9 City Council Meeting January 5, 2021 PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Certificate of Appreciation - Councilmember Tom Weidner Mayor Kozlowski and the Council recognized outgoing Councilmember Tom Weidner for his eight years of service as Ward 3 Councilmember. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2021-001, Resolution Commending Tom Weidner - Ward 3 Councilmember. All in favor. Acknowledging Promotion - Sergeant Hunter Julien Interim Police Chief Jacobson acknowledged the promotion of Officer Julien to Sergeant. Sgt. Julien thanked the Department, the Council and his family. Life Saving Award - Sergeant Dan Young, Officer Michael Mallet and Officer Brian Tennessen Chief Jacobson and Captain Meredith presented Sgt. Young, Officer Mallet and Officer Tennessen with a Life Saving Award for assisting with a call of a possible suicide. OPEN FORUM There were no public comments. CONSENT AGENDA December 15, 2020 regular meeting minutes Payment of Bills Resolution 2021-002, resolution approving the City of Stillwater 2021 Fee Schedule Resolution 2021-003, resolution granting License to Patricia Wolf for the Operation of Multi -Person Cycle Tours on City Streets in 2021 and rescinding Resolution 2019-148 Ordinance No. 1157, Amending Stillwater City Code Sec 33-1 Subd. 6, Adopting the State Building Code Time Limits Brian's Bocce Ball Event Resolution 2021-004, Designating a Responsible Authority and Assigning Duties in accordance with the State of Minnesota Data Practices Statute Resolution 2021-005, a resolution approving the Following City Employees as the Official Designated City Authority to Make Electronic Funds Transfers Resolution 2021-006, Designation of Depositories for 2021 Resolution 2021-007, Resolution Adopting Written Statement of Reasons for Denial pursuant to Minnesota Statutes, §15.99, Subd. 2, for a Side Yard Setback Variance to Allow Construction of an addition on the Property located at 313 Pine Street West, Planning Case No. 2020-59 Resolution 2021-008, approving Medicare Part B Premium and Deductible Reimbursement as approved by Human Resources Rec Center Camera Contract Amendment for St. Croix Soccer Club Sanitary Sewer Adjustments Page 5 of 9 City Council Meeting January 5, 2021 Resolution 2021-009, approving the 2021-2022 Labor Agreement between the City of Stillwater and Firefighters Local 1049 Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case No. 2020-54 Zoning Map Amendment and Preliminary Plat for proposed subdivision White Pine Ridge at 12950 75th Street. Community Development Director Turnblad stated that Jon Whitcomb of Browns Creek West LLC has submitted an application for rezoning, preliminary plat and associated variances for a 14-lot single family development to be known as White Pine Ridge. The site is located at 12950 75th Street North and contains 8.81 acres owned by Whitcomb and .24 acres (10,264 square feet) of property owned by the Lohmer Trust. The smaller parcel of land, located directly to the east, is proposed to be used exclusively as right-of-way. The applicant requested approval of the following: 1) rezoning of the property from AP, Agricultural Preserve, to TR, Traditional Residential 2) Preliminary Plat known as White Pine Ridge for 14 single family lots; 3) Variances: a) a 25' variance to the 100' setback from CR 12 for Lot 1, Block 1; and b) a 250' variance to the 600' maximum cul-de-sac length. The Planning Commission recommended Council approval of the Zoning Map Amendment and Preliminary Plat; denied the setback variance; and approved the cul-de-sac variance with the caveat that the Preliminary Plat is approved by the Fire Department or the new homes will contain fire suppression systems. While the 845' cul-de-sac's length exceeds 600' from CR 12, it will not exceed 600' from the future right-of-way that will extend to the east in the future. Assistant Fire Chief Tom Ballis has indicated that in this case where future development will occur, the longer cul-de-sac is permissible at this time. The Parks Commission recommended on a 6-1 vote to accept park and trail dedication fees, and an easement on Lot 1, in lieu of public land and improvements pursuant to Ordinance 963. City staff finds the proposal to be substantially consistent with the Stillwater Comprehensive Plan, the plans of jurisdictions with standing, and with the City's development standards and therefore recommends approval of the rezoning and Preliminary Plat with 31 conditions. Councilmember Junker asked about the name change where Northland crosses Highway 12; and Mr. Turnblad replied that Washington County recommends a name change to eliminate confusion, and the developer has agreed to do that with the final plat. Public Works Director Sanders added that Myrtle is the dividing line between North and South, yet Northland Avenue does not have a North and South designation. Councilmember Polehna asked about forcing traffic onto Maryknoll with this development; and Mr. Turnblad replied that this development should not dramatically increase traffic into the Maryknoll neighborhood. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt Resolution 2021-010, a resolution approving a Preliminary Plat for White Pine Ridge, Case Page 6 of 9 City Council Meeting January 5, 2021 No. 2020-54 with the 31 staff -recommended conditions, and to approve first reading of an Ordinance Amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately nine acres to TR, Traditional Residential. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Designation of Vice Mayor Mayor Kozlowski recommended Councilmember Polehna as Vice Mayor. Motion by Mayor Kozlowski, seconded by Councilmember Collins, to adopt Resolution 2021- 011, Designating Council Vice Mayor for 2021. All in favor. Council Representative Appointments to Boards and Commissions Councilmember Collins stated he would like to be appointed to the Fire Relief Association. Councilmember Odebrecht agreed to be appointed to the Planning Commission. All other appointments will remain the same as 2020. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2021-012, Council Representative Appointments to Boards and Commissions. All in favor. Enacting City Code Chapter 34 Utilities Commission City Administrator McCarty stated that with the incorporation of the Water Department into the Public Works Department, the Utilities Commission has replaced the Water Board. This Chapter of the City Code articulates the roles and responsibilities of the Utilities Commission. Motion by Councilmember Junker, seconded by Councilmember Collins, to approve first reading of an Ordinance enacting Chapter 34 of the City Code of the City of Stillwater regarding the establishment of a Utilities Commission. All in favor. Downtown Ice Rink Event City Clerk Wolf informed the Council that Summer Tuesdays/Water Street Inn has applied for a special event permit to install a public ice rink in parking lot 4 (east side of Water Street Inn). When not being used for events, it will be open for public skating. The organizer is requesting the use of parking lot 4, help with removal of snow piles from outside of the rink, extension of Water Street Inn's On -Sale liquor license over lot 4, picnic tables and benches, trash receptacles, water to flood the rink, possible power usage and waiver of any associated City costs and fees. Due to the timing of this request, the application is not able to be reviewed by the Downtown Parking Commission or Utilities Commission, and is therefore brought directly to the Council for review. An event contract will be brought back to the Council for review at the next meeting. To facilitate access to the Water Street Inn in the event of fire, the Fire Department recommends no parking be permitted on the east side of Water Street from Chestnut to Myrtle and along the south side of Myrtle from Water Street Page 7 of 9 City Council Meeting January 5, 2021 to the gazebo. In order to allow Water Street Inn to expand their liquor sales over parking lot 4 during this event, a Temporary Outdoor Use Sales Permit must be granted. Staff suggests amending Water Street Inn's Temporary Outdoor Use Sales Permit to include the use of parking lot 4 with seven conditions. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2021-013, resolution approving amendment to Liquor License for Additional Temporary License Premises with the staff -recommended conditions. All in favor. COUNCIL REQUEST ITEMS Councilmember Junker stated that Washington County is now taking applications for business relief funds. He suggested businesses contact the Chamber and the County for assistance. Community Development Director Turnblad asked for clarification whether the motion to approve the Whitcomb Preliminary Plat included first reading of the rezoning ordinance. He asked for another vote. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt Resolution 2021-010, a resolution approving a Preliminary Plat for White Pine Ridge, Case No. 2020-54 with the 31 staff -recommended conditions, and to approve first reading of an Ordinance Amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately nine acres to TR, Traditional Residential. All in favor. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 7:54 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2021-001, Resolution Commending Tom Weidner - Ward 3 Councilmember Resolution 2021-002, resolution approving the City of Stillwater 2021 Fee Schedule Resolution 2021-003, resolution granting License to Patricia Wolf for the Operation of Multi -Person Cycle Tours on City Streets in 2021 and rescinding Resolution 2019-148 Resolution 2021-004, Designating a Responsible Authority and Assigning Duties in accordance with the State of Minnesota Data Practices Statute Resolution 2021-005, a resolution approving the Following City Employees as the Official Designated City Authority to Make Electronic Funds Transfers Resolution 2021-006, Designation of Depositories for 2021 Page 8 of 9 City Council Meeting January 5, 2021 Resolution 2021-007, Resolution Adopting Written Statement of Reasons for Denial pursuant to Minnesota Statutes, §15.99, Subd. 2, for a Side Yard Setback Variance to Allow Construction of an addition on the Property located at 313 Pine Street West, Planning Case No. 2020-59 Resolution 2021-008, approving Medicare Part B Premium and Deductible Reimbursement as approved by Human Resources Resolution 2021-009, approving the 2021-2022 Labor Agreement between the City of Stillwater and Firefighters Local 1049 Resolution 2021-010, a resolution approving a Preliminary Plat for White Pine Ridge, Case No. 2020-54 Resolution 2021-011, Designating Council Vice Mayor for 2021 Resolution 2021-012, Council Representative Appointments to Boards and Commissions Resolution 2021-013, resolution approving amendment to Liquor License for Additional Temporary License Premises Ordinance No. 1157, Amending Stillwater City Code Sec 33-1 Subd. 6, Adopting the State Building Code Time Limits Page 9 of 9 Page 1 CITY OF STILLWATER LIST OF BILLS Able Hose & Rubber Inc. Access Corp Ace Hardware Active Network LLC Advance Auto Parts Advanced Sportswear Airgas USA LLC AMI Consulting Engineers PA Ancom Technical Center Applied Ecological Services ASCAP Babcock Matt BHE Community Solar Birchdale Fire BlueCross BlueShield of MN Inc. BMI General Licensing Board of Water Commissioners Bolton and Menk Inc. Breth-Zenzen Fire Protection LLC Bureau of Crim. Apprehension Burschville Construction Inc. Cambronne Eric Cates Fine Homes LLC Century Fence Company Century Power Equipment Cintas Corporation Cole Papers Comcast Community Thread Computer Integration Technologies Computer Services of Florida Curb Masters Inc. Dalco ECM Publishers Emergency Medical Products Environmental Equipment & Services FleetPride Fraley Thomas Frontier Ag & Turf Gopher State One Call Inc. Group Medicareblue RX Guardian Supply Henning Professional Services Heritage Printing Inc. Hisdahl Inc Supplies Document destruction services Supplies MaxGalaxy Equipment repair supplies Uniforms Equipment repair supplies Riverbank Stabilization Equipment installation T&E Study Music License Reimburse for work boots Solar Energy Inspection Retiree Health Ins Music license WAC Charges Greeley & Market PI List Station Sprinkler system inspection Terminal access charge Install & remove Christmas tree anchors Reimburse for Work Boots Refund Application Fees Neal Ave Equipment repair supplies Uniforms & mats Supplies Cable TV Contribution Heirloom & Landmark Website Contactless PIN pads Replace walk - 200 Mulberry Supplies Meeting date changes First aid supplies Equipment repair supplies Equipment repair supplies Equipment repair supplies Equipment repair supplies Locates Retiree Prescriptions Ins Uniform supplies Neal Ave Printing Tim Bell plaque 259.56 174.90 102.29 4,320.00 671.52 4,760.00 196.51 28,947.50 712.50 60.00 367.00 151.92 3,187.10 250.00 3,910.00 368.00 6,435.00 1,070.00 250.00 270.00 1,400.00 160.00 225.00 4,330.00 16.95 1,006.48 77.54 38.84 5,250.00 472.50 1,395.00 1,391.70 1,113.59 28.50 318.88 16,066.37 57.70 57.95 35.16 136.35 2,197.00 78.99 2,175.20 1,011.85 223.00 Page 2 Hoisington Koegler Group Inc Holiday Companies IDC Auotmatic IdentiSys Indelco Plastics Corporation ITCO Allied Engineering Co J.H. Larson Company Jefferson Fire and Safety Inc. Junker Brad Kelly & Lemmons PA Lawson Products Lentz Dan LeVander Gillen Miller PA Loffler Companies Madden Galanter Hansen LLP Mansfield Oil Company Marshall Electric Company Menards Metro Cities Metropolitan Council Minnesota Occupational Health Minnesota Sheriffs Association MN Chiefs of Police Assoc. MN Dept of Labor and Industry Modern Heating & Air MP Nexlevel LLC MSFDA NAPA Auto Parts Nardini Fire Equipment National League of Cities Office Depot OnSite Sanitation Performance Plus LLC Pioneer Rim and Wheel Co. Pro-Tec Design Quill Corporation Race Forward Radke Daniel Rehn Code Consulting Services Shilts Cindy Springbrook Software SRF Consulting Group Stillwater Motor Company Stillwater Rotary Club Stillwater Towing Streichers Target Solutions Learning Zoning amendments Vehicle washes Programming of new door remotes Concession supplies Equipment repair supplies 2021 Street project Equipment repair supplies Equipment repair supplies Reimburse for expenses Prosecution Equipment repair supplies Reimburse for winter work boots Professional Services IT professional services Labor Relations Services Fuel Electric service Supplies Membership Wastewater Charge & SAC Drug screen Training - Olson Leadership Academy Quarterly Surcharge Garage heater repair Locating Membership Equipment repair supplies Inspection Membership Office supplies Portable Restroom Medical eval Equipment repair supplies Camera additions Office supplies Membership Reimburse for work boots Plan review Reimburse for office supplies Monthly UB web payments 200 Chestnut St Traffic study Oil change Membership Tow service Tactical Shotguns & Ammo 2021 Target Solutions 3,257.76 240.00 280.45 627.38 231.50 5,395.00 127.10 1,145.00 40.00 8,333.00 647.52 93.71 12, 294.72 3,258.30 3,300.05 4,643.16 4,613.00 525.22 7,113.00 181,836.62 212.30 250.00 700.00 14,530.58 2,621.93 962.50 450.00 549.97 267.00 1,563.00 56.44 2,378.26 348.00 58.99 7,660.46 199.89 1,000.00 160.00 5,665.96 34.77 199.00 2,844.75 55.49 200.00 150.00 6,192.93 9,063.20 Theis Byron Titan Machinery Shakopee TKDA Toll Gas and Welding Supply Tri-State Bobcat Veterans Memorial Visu-Sewer Inc. Voyant Communications Wash. Cty Historical Society Washington Conservation Distr Washington County Election Washington County Hazardous Waste Washington County Sheriffs Office WSB & Associates Inc. Xcel Energy Youth Service Bureau LIBRARY Amazon Business Brodart Co Cintas Corporation Comcast Culligan of Stillwater Johnson Controls Fire Protection LP Kaericher Jodi Loffler Companies Master Mechanical Inc. MN Library Assoc. NAC Mechanical Pioneer Press St. Paul Stillwater Printing Co. Tan Karen Ni Washington County Library Reimburse for shipping for traffic counters Equipment repair supplies Chestnut St Civic Plaza Cylinders Toro mower Super Valu Parking Sectional liner Phone Contribution Shared Educator Election Maintenance Hazardous waste generator license Public Safety System MS4 Services Energy Contribution Materials Materials Towels & Rugs Internet - January Water Maintenance Contract (Feb 2021-Jan 2022) Staff Reimbursement Printer/Copier Contract Damaged Seal Kit& Bearing Assembly Membership - MLA (Petrie) Outdoor Air Sensor Materials Materials - Programs Programs SirsiDynix & OCLC Page 3 56.30 39.30 1,534.51 45.38 30,126.52 4,347.00 5,500.00 549.21 3,750.00 675.00 8,850.00 102.00 47,923.90 42.00 16,658.34 2,750.00 107.56 7,635.82 158.86 188.06 21.65 1,685.66 69.75 543.16 4,840.00 200.00 46.32 465.72 434.00 400.00 8,162.49 liwatet THE BIRTH P L A C E OF MINNESOA TO: Mayor and Council Members MEMO FROM: Abbi Jo Wittman, City Planner MEETING DATE: January 19, 2021 REGARDING: Adoption of the North Aiple Master Park and Vegetation Management Plan BACKGROUND At the December 1, 2020 City Council meeting, the Council directed staff to finalize the North Aiple Park and Vegetation Management Plan. Since that time, the Plan has been finalized. The projected cost of full build -out of the property has changed from the draft version. The increase reflects an additional 30% total project cost for all mid- and long-range projects. This is the estimated cost for design and engineering, mobilization, permitting and site preparation. A 20% contingency remains on top of the estimated total project cost. COUNCIL ACTION REQUESTED Staff is requests the City Council adopt the enclosed Resolution, adopting the North Aiple Park and Vegetation Management Plan. ATTACHED: Resolution with Plan without Appendices City of Stillwater Washington County, Minnesota RESOLUTION NO. 2021- A RESOLUTION ADOPTING THE NORTH AIPLE PARK PLAN WHEREAS, the City of Stillwater owns approximately 15 acres of land including one -quarter mile of shoreline on the St. Croix River just north of Elm Street; and WHEREAS, the property has been commonly referred to as the [North] Aiple Park after its former owner; and WHEREAS, Hoisington Koegler Group Inc. (HKgi) was hired by the City of Stillwater to assist with the creation of the Master Park and Vegetation Management Plan for the property, and during 2020 HKgi coordinated with numerous agencies, City commissions, the local business community, and the public to gather comments, ideas and suggestions for the Master Park and Vegetation Management Plan; and WHEREAS, on December 1, 2020 the City Council considered drafts of the Plan, and made suggestions which were incorporated into its final draft. BE IT RESOLVED that the City Council of the City of Stillwater hereby adopts the North Aiple Park Master Plan, dated December 1, 2020. Adopted by the Stillwater City Council of the City of Stillwater, Minnesota this 19th day of January, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, Clerk .916 NORTH AIPLE PARK MASTER PLAN TILLWATER, MINNESOTA Approved by the Stillwater City Council December 1, 2020 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 DECEMBER 1, 2020 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 • • • .♦ 1 :♦ • • • N • i ♦ • 0.25 0.5 I • Stillwater 1 • • • • 1 Brown's Creek • State Trail - Oak Park Heights MINNESOTA 1 Miles Baytown Stillwater Township St. Croix Boorr WISCONSIN • A A • • 111 Lift Bridge Loop Trail Baypnrt DECEMBER 1, 2020 EXISTING SITE CONDITIONS Pond filled with duckweed/mucky In places - Aeration could help Natural Pool and Cave • Major point of interest r +b. 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 • CRguld create a boardwalk to introduce arfother experience/ viewpoint Garage (creek runs beneath) • Could be repurposed to provide Information for natural resources interpretation + room for equipment storage Bea€h/BoatLaunch 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 publlcspace — Lawn with scattered landscape beds and remnant foundations Landscaping does not create spaces- shout:Ike removed or reconfigured Ale Remnant foundations here could be Ihjaildiglited and feature Interpretive elements Lawn with rows of evergreens • Spruces take up space without benefit. Should be removed or limbed up if possible., Adequate space/grade for a canoe/kayak launch If preferred to boat launch at beach, or an additional put-on is desired Wooded Lawn - Tree -lined Entry Drive Vehicular Entrance Densely vegetated, swampy woods • Many InvasIves/undesirable species present • Scattered demoiii on debris (bricks, rebar. wire, etr,) - 2.5 acre VIC Area may contain impacted soils below debris (unknown) West of Brown$ Creek State Trail and north of existing public parking could be selectively cleared and paved for expanded parking, or kept natural for seasonal natural surface trills (snowshoeing/hiking), or an off leash dog park Gateway Opportunity into Park from Downtown r:5.3tnR r l+ I(1,lrrtlht, Feel NORTH AIPLE PARK MASTER PLAN Site Cross Sections fri t., 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 Freshwater Forested/Shrub Wetland Freshwater Pond DECEMBER 1, 2020 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. INORTH AIPLE PARK MASTER PLAN I View ofAiple residence from detached garage/shed. July 15, 2020. Existing detached garage/shed. July 15, 2020. 171M7Ji1:17:ai�11 1 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. DECEMBER 1, 2020 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 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. 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 .CPMed .015 i. _ Lrdl *EUT Lind • AMIa IW1aaha* Cudcd Urals In &IMAM- AM Sources: Barr Engineering Environmental Site Assessment, National Park Service, St. Croix 360, Washington County Historical Society, Minnesota Historical Society NORTH AIPLE PARK MASTER PLAN 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. 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 1957: The Aiple family buys the property 1965: The Aiple residence is constructed on the former site of the Schulenburg and Boeckeler Lumber Mill 2014: Washington County purchases the property for public recreation. 2006: Phase 1 Environmental Site Assessment performed by Barr Engineering 1938-1949: Assorted fill is dumped on the land within the park. 1838 Aeria 2020: North Aiple Park Master Plan adopted 2017: Initial concept plan for the park developed. DECEMBER 1, 2020 CONCEPT PLAN Site Character AL 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 Project web page on City's website 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. .11 ifE4� • t 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 Piple ark. Themaster plan will include al long-range vision for the park and guide future decisions about park activities, capital investments, potential reuse of the existing building, and natural resource restoration. Initial conceptplanning 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 l 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 II p4 anin r.Yh.cn or apac■ 1E.a tit 1 i access I 3 i ▪ fl 2 n at u r. I p1..s.Yr �- II' Arkin F ' • ,.S4k*actima. ihoi.iiY,ttti . ..:rpwrIKIHF 1'rrlwn• trimming Milf " Imntlrork ti d rat • YrovL Mcr kcrs place = CL Word Cloud highlighting the most used words in online comments from the public on future use of the Aiple property 4 0 .017 Cori i Suiv€i YP.w npra.wmin wu M mu mobil**,■ fin Hirsh ftria ti= +nq aJ'n ram myth .•swa mokii 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 Repair existing fence. Explore TelQiati0n alternatives. HOW t narvral pool d grotto as a Feature /interpretive opportunity Repair western ri boundary fence {4n the east side of the state trail) ADA. accessible pedestrian trail connection to State 3raII. Confrere surface th•feet widei from State. Trait to circle drive- Bike racks provided tar bikers who want ra walk the rk pa trails.. f Parallel Parking: ADAy handicapped accessibfe spots, t suet for staff parking Add a natural vegetation strip between driveway and creek where fea#ibfe Existing driveway entrance tc-remain forI ermined groups, staff, and AL parking only ,odd directional iignage allowing ADA parking and drop off in the park to [he north and general public par IIny to the sorttl+ Sep Exhibit A. Expansion of Eublic parliing lot north of tephyr Theatre & entrance road realignment Potential 20-24 space parking lot for ttallhead and:south boat 'launch; Work with Zephyr Theatte on pulAtiprivate usebf parking lot r t is Extend storm sewer approximately 50' Io the southeast Qufref residential ast from park with vegetdiion (15- ft coax, height); Explore water sensitive plantings to discourage access to tie private property along the shoreline Bench and overlook at end of ADA accessible trail Improve existing path around Former trout pond Into natural surface trail loop {Nat ADA accessible ark river Ile due to siaperdtmenslonsl Existing welt structure/pond outlet i;e outlet pike Preserve pond, passible reuse for family fishing Extend .arid improve existing trail route and rehabilitate existing foot bridge Feature Ia] rlehabllltate existing garage into picnic Shelter, overlook 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 Exlstfng steel sheet seawall structure -• Riepurpose for ADA accessible overlooks fishing pier Turn-araundreguipment drop -toff Existing IV high retaining wall Repurpose existing garage for vendor/rental equipment area Selective demolition of house and construction of new recreation budding (3-season flexible use space for outdoor education programming, rextrooms, and boat storage) Farmer pool room converted to crew boat storage and open- air pavilion; access to public restrooms Remove white spruce and add pollinator -friendly plantings Paved ADA accessible trail to the woods edge and picnic area Picnic area, install concrete pad far 1- picnic tables New pedestrian trait - natural surface mowed grass path (Keep above the ftoedplalrt} Shoreline plantings/restoration along river Improve existing iree,llned driveway as a permeable asphalt surface with new pull -offs (occasional wider stretches needed to allow oncoming vehicles to pass by1 1 QO Year flood elevation Preserve stone gate posts as entry monument Rernave existing invaslves. replant with prairie or oak savanna species tract crossing of state Pratt needs to have adequate slight lines for both trail users, warning signage,cross at aT-interseciioii IhlDEVItUAL+GROUP PADDLE LAUNCH Potential canoe slide and stairs with low profile fishing pier, paddle launch, and overlook 0 NOTES: ✓ Nate IoCati rn of foundation curios on the site --these should net be disturbed during site improvement projects Ifuture evaluation Orfuins needed) - Shoreline stabilization/ restoration needed In some areas ID A buffer strip of shoreline vegetation (native) to be established along much of the riverfront 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 accesslbie pedestrian trail connection to State Trail. Concrete surface (6-feet wide) from State Trail to lift le drive. Bike racks provided for bikers who want to walk the park trails Vendor/rental equipment area. in existing garage .0 Parallel Parking: 2 ADA spaces and 1 staff parking space . Preserve pond, possible 4�euse for family fishing IALA ACCESSIBLE PADDLE LAUNCH ADA accessible platform for paddle craft launch with adjacent sandy beach for group launching ADA accessible c veriook, Fishing pier, utilize existing steel sheet seawalls Selective demolition of the house, retTofltting as new recreation building 3-season flexible use space for outdoor education programming, restrooms- and boar i gyp} 418. ' Former pool room converted to crew boat storage and open-alr i>aw+lror1; access to public 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 oIZephyr Theatre & entrance road realignment Potential 20-24 space parking lot for lraiihead and south boat launch; work with Zephyr Theatre on public/private use of parking lot VI • •-r f Q Remove existing InvasIves, replant .with prairie or oak savanna species New pedestrian lril - natural surface mowed grass path lKeep above the Iloodplain} Trail crossing of State Trail needs to have adequate sight lines for both trail users, warning signage, cross at a T intersection INDIVlDUALtGROIJP PADDLE LAUNCH Potential came slide and stairs wllh low profile fishing pier, paddle launch, and ❑verlook DECEMBER 1, 2020 North Canoe Launch and Aiple Residence Focus Area Plan 0 O 0 ..ir,...rc.._.,r, 0 0 0 ID 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 DECEMBER 1, 2020 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. January27, 2020. Existing pool room (pool is covered). Janua,, Existing stone fireplace in lower level of home. January 27, 2020. I•1 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. - - 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. DECEMBER 1, 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 OPtM.AIR COVERED EMMY/ WALKWAYI GATHERING OPEN TO BELOW OPEN TO BELOW Proposed Lower Level Floor Plan LOWER LE'/a GATHERING AREA SCULL STORAGE Proposed West Elevation Proposed East Elevation CRAWL SPACE C RAWL SPACE KITCHENETTE D OECD - PEPEFJOJNG OM PROGRAM 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 DECEMBER 1, 2020 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). DECEMBER 1, 2020 Proposed Vegetation Management Units Park Boundary Management Unit A - northern site boundary (clearing) p 8 - west side of trout pond C - east side of trout pond (berm/shoreline) p - wooded slope E - lawn area F - shoreline of lawn area G - shoreline of disturbed woodland H - disturbed woodland - former trout pond J - state trail corridor Dr. Scrurie Et* 59rrrst Lw»/;7r1l1 V'L111.IMV' or a t r / :c4topx community s Aiple Park Management Units Feet 1,000 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 potential 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). DECEMBER 1, 2020 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 DECEMBER 1, 2020 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, I, 1 11 II II 1 11 11 1 11 II 1 J DECEMBER 1, 2020 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. Estimated costs included a per unit cost plus 30% for design and engineering (10%), mobilization and permitting (10%), and site grading and site prep (10%). A detail of the estimated costs can be found on page 45 in the Appendix to this plan. More detailed cost estimates will need to be completed as construction documents are developed for each park improvement item. Development Cost Estimate ITEM Site Access Spur Trail to Bro Creek State Trai, River edge trail North Kayak/Ca Launch Safety and Secu Improvements Short Term Subt Parking Lot Expo Picnic Shelter/P overlook Pond trail and b► Trail amenities Mid Term Subto Southern kayak/ launch and fishi Aiple residence renovation Long Term Subtc TOTAL COST OF TOTAL COST + 2 ITEM DETAIL tal ng PHASE ESTIMATED COST r Entry drive improvements --proposed bituminous driveway, turn -around and ADA parking spots Short Term $322,744.50 Retaining wall (average 4 ft tall) Sidewalk at turn-around--6 ft wide concrete wn's 6' wide compacted gravel Short Term $29,120.00 Bike racks 8 ft wide paved trail to woods edge Short Term $108,160.00 Soft surface trail through woods --clear trail, compacted soft surface Short Term 10 ADA Accessible Kayak/Canoe Launch Short Term $47,320.00 Accessible pathway to launch--8 ft wide paved or compacted gravel trail rity Railing on fishing/overlook platform Short Term Mid Term $61,230.00 $568,574.50 Concrete surface on fishing/overlook platform Landscaping and Screening --trees, shrubs, native grasses and forbs otal ins►on Bituminous surface $143,000.00 Portable restroom with concrete pad (annual cost) and Conversion of old shed/garage Mid Term $260,000.00 idg 8 ft wide paved trail to grotto and overlook Mid Term $36,673.00 Rehabilitate existing foot bridge Upgrades to soft surface trail on berm Benches/Picnic Tables (8) Mid Term $78,000.00 Overlooks (2) canoe Canoe slide Long Term $517,673.00 $148,980.00 pier Dock/Pier Trail connection to parking lot--8 ft wide paved trail IIII rtal ALL PHASES 0% CONTINGENCY Long Term $1,300,000.00 $1,448,980.00 $2,535,227.50 $3,042,273.00 NORTH AIPLE PARK MASTER PLAN 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 DECEMBER 1, 2020 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. DECEMBER 1, 2020 APPENDIX CONCEPTUAL SITE PLANNING (2016-2017) During 2016 and 2017, the City worked with a consulting team to evaluate existing site conditions, analyze potential opportunities, and develop preliminary concepts. The products from that process are on the following pages: Existing Conditions Site Analysis Precedents/Trends/Ideas Concept Plan NORTH AIPLE PARK MASTER PLAN EXISTING CONDITIONS Zephyr Theatre 0 250 500 Site Photos Natural and Ca 1Raised Path around Trout Pond Old Trout Pond Dilapidated Bridge Garage (creek runs beneath) Beach/Boat Launch Creek at base of bluff Mid-century Rambler Lawn with scattered landscape beds and remnant foundations Lawn with rows of evergreens ded Lawn Tree -lined Entry Drive rance w Densely vegetated, swampy woods Legend VIC (Voluntary Investigation and Cleanup Site) - possible non -petroleum contamination 1,000 FEMA Flood Zones 500-year 100-year • Voluntary Investigation and Cleanup Site Non-native deciduous woodland Midwest dry limestone/dolostone cliff Oak forest mesic subtype Short grasses and mixed trees with impervious cover - St. Croix River Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond 1,500 2,000 Feet DECEMBER 1, 2020 SITE ANALYSIS Space for path; partially benched into bluff - could provide secondary access_. onto site . An improved crossing from Elm Street would facilitate neighborhood access to site 0 Pond filled with duckweed/mucky in places • Aeration could help Natural Pool and Cave • Major point of interest i" Re -engineering slope to prevent erosion and 1,1 introduce beneficial species would be ideal iI /--i Dilapidated Bridge • Used to be a lower path around pond • C uld create a boardwalk to introduce affother experience/ viewpoint Garage (creek runs beneath) i • Could be repurposed to provide information for natural r +/- 10' Berm along either side of path • Very steep • Some buckthorn/undesirable species ,;;, resources interpretation + room for equipment storage Jy 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 Vehicular Entrance ; iiw i ;* Densely vegetated, swampy woods -41 = / h i • Many invasives/undesirable species present • Scattered demolition debris (bricks, rebar, wire, etc.) CD'rD • 2.5 acre VIC Area may contain impacted soils below debris A- (unknown) �. • Could be selectively cleared and paved for expanded � ; parking, or kept natural for seasonal natural surface trails i (snowshoeing/hiking), or an off leash dog park 'p 250 500 Gateway Opportunity into Park from Downtown 1,000 1,500 2,000 Feet NORTH AIPLE PARK MASTER PLAN PRECEDENTS/TRENDS/ IDEAS Bike & Kayak Rental Stations along the Brown's Creek State Trail for Bike -Paddle Loops Ce... r • _1_:511 • • 74. Cot 3E 3931,31I I .1fl.t 1EBE V' PloPmd vmon F.r 1 9 Biocaching: Observing and reporting different plants, birds, and other wildlife via digital app Orienteering Courses Expanded network of natural surface trails Canoe Slide Fish Cleaning Table Flexible Group Programming and/or Passive Gathering Spaces Off -leash Dog Area No Mow Meadow Bio-bag Erosion Control/ Slope Restoration Shoreline Restoration Foraging/ Food Forest Kayak Camping CONCEPT PLAN Site Character c 0 n 0 0 N co 0 table restroom Pedestrian connection to state trail. Grass surface to encourage pedestrians from state trail to use park trail, but discourage bikers. Bike racks provided at trailhead for bikers who want to walk the park trails, rAdd a natural vegetation strip between driveway and creek where feasible t Potential 20-24 space parking lot with portable restrooms (See Exhibit A for potential layout). Consult MnDOT on R.O.W. use Design entrance to encourage vehicles to park in lot, discourage driving into park (see Exhibit A) , — NOTES: » Shoreline stabilization/restoration needed in some areas » A buffer strip of shoreline vegetation (native) to be established along much of the riverfront where feasible » Structures now existing or hereinafter constructed, must be used in furtherance of passive recreational uses such dockage, walk in boat launching, walking paths, nature observation, picnicking and trail access, while protecting values of the St. Croix River, the MN State Trail amenity and in furtherance of the recreational needs of a national, Buffer residential use from park use with vegetation and topography Highlight natural pool and grotto as a feature / interpretive opportunity Improve existing path around former trout pond into ADA accessible natural surface trail loop, if economically and environmentally feasible Preserve former trout pond, possible reuse for tout/family fishing Extend and improve existing trail route and rehabilitate existing foot bridge feature Repurpose existing garage for beach and paddle craft put -in storage ADA accessible beach with paddle craft put -in ADA accessible fishing pier, utilize .existing piles Drop-off zone with 2 ADA parking spaces for paddle craft put -in Improve existing lawn as picnic area, preserve or repurpose existing landscaping, potential for two 10'x12' picnic shelters Preserve lawn, landscaping and trees, interpretive opportunity at old mill foundations. See Exhibit B for location and general use of structures in 1898 GROTTO / POOL NATURAL SURFACE TRAILS New pedestrian trail - natural CANOE/KAYAK RENTAL surface Preserve trees, replace lawn with no -mow native grasses Improve existing tree -lined driveway for beach, paddle put -in, fishing pier and ADA parking access (occasional wider stretches needed to allow oncoming vehicles to pass by) 100 Year flood elevation Preserve stone gate posts as entry monument Vehicular entrance Potential pedestrian trail segment Preserve densely vegetated area, long term opportunity for restoration Park /downtown trail gateway Alternate fishing pier location PICNIC LAWN WM atamij lit,-0.. , : L.—F,k.. 0 250 500 1,000 1,500 FISHING PIER as shore fishing, transient the scenic and ecological state and local clientele. 2,000 Feet NORTH AIPLE PARK MASTER PLAN ZEPHYR THEATRE PARKING EXPANSION: EXHIBIT A Access point same as current. but a 90 degree intersection created, Parking lot extension in dark grey represents 24 potential spaces For the park_ Parking lot in light grey tia be constructed by Theater. DECEMBER 1, 2020 CONCEPT PLAN: IMPERVIOUS SURFACE CALCULATIONS (t1 0 1444, • - • rra•-.4-1,.• • 1. t ••• •••• • ..• W.. • • • _4 ... +.4 I tr, e• 11.. • -.11...4+44•+ EXISTING ITEM SQ FOOTAGE pion othotwo 27 221 Ii1Olog Home See ictotpare 5.650 Caking Storage forage 40,1 Other Etittin imoervicus Surfaces 41.05i fetal Wrung Impel -roes 5,eface al .095 PROPOSED ITEM SQ FOOTAGE iiiitherg tiOMP SO FOOh011ot %NO •-(1.1- PrOpOsed Wrong LOI rothr• 6353 Alfrie Ntimily • Iil Po:voted Tose WOW 9.10e rod 7 5.2 Corridor IC i• Proposed Ira "'turd -how hind 1/.115 ID' - Plopowd edlummouttoorosy, 15450 Tum•Aroure1 and AIJA hieing *Mx BoatPaimp North ill Ofiroril 1250 • r• . eoe timing Nogth 40'.1 • 1:.• - Boo Ramp South OM 0 n - Baga Lardwg Sc..it ISO .11 • Mei Po:I:coed Trills within 12_94X1 ArPiti PleVelliV IOW Pl0p:1(41 kinpordow, swim wittin kip* Property 74,471 • • ...raw. ....ism. memo wow. too. • e4J.i h IMO *Iwo**. 1.1.1,...(144411.1.1i15,44.1 who 44.1 4 al the .11.1.10-14JW frpo., ...IP. 444 la..4 4.46114. 44414.,1.14411,41....1 Ni14416. Mg.10441ftiril *Wats lor1441.4.141, 44144 144 1. *I coy. 1444.1., &or1 nims dewpm. ti..matiorot mot 1,441 tit *Mit 'mosey Illy eurwalcol 44 los 1.1 414444444 114-104 !dor Uri taw*. 4.1.4 1,41.14.6.4 41444.44 WM MIMS /MOW. 250 500 NORTH AIPLE PARK MASTER PLAN DEVELOPMENT COST ESTIMATE DETAIL ITEM ITEM DETAIL PHASE ITEM SUBTOTAL (includes 30% additional)* EST. COST QTY UNIT UNIT PRICE Site Access Entry drive improvements --proposed bituminous driveway, turn -around and ADA parking spots Short Term $322,744.50 $212,100.00 35,350 SF $6.00 Retaining wall (average 4 ft tall) Short Term $30,000.00 400 SFF $75.00 Sidewalk atturn-around--6ftwide concrete Short Term $6,165.00 137 LF $45.00 Spur Trail to Brown's Creek State Trail 6' wide compacted gravel Short Term $29,120.00 $20,400.00 510 LF $40.00 Bike racks Short Term $2,000.00 1 LUMP SUM $2,000.00 River edge trail 8 ft wide paved trail to woods edge Short Term $108,160.00 $28,800.00 720 LF $40.00 Soft surface trail through woods-- clear trail, compacted soft surface Short Term $54,400.00 1,360 LF $40.00 North Kayak/Canoe Launch ADA Accesible launch (EZ Launch) Short Term $47,320.00 $30,000.00 1 EACH $30,000.00 Accessible pathwaytolaunch--8ft wide paved or compacted gravel trail Short Term $6,400.00 160 $40.00 Safety and Security Improvements Railing on fishing/overlook platform Short Term $61,230.00 $7,600.00 95 LF $80.00 concrete surface on fishing/overlook platform Short Term $4,500.00 750 SF $6.00 Landscaping and Screening --trees, shrubs, native grasses and forbs Short Term $35,000.00 1 LUMP SUM $35,000.00 SUBTOTAL Short Term $437,365.00 TOTAL SHORTTERM COST* $568,574.50 Parking Lot Expansion Bituminous surface Mid Term $143,000.00 $105,000.00 17,500 SF $6.00 Portable restroom with concrete pad (annual cost) Mid Term $5,000.00 1 LUMP SUM $5,000.00 Picnic Shelter/Pond overlook (conversion of old shed/garage) Mid Term $260,000.00 $200,000.00 1 LUMP SUM $200,000.00 Pond trail and bridge 8 ft wide paved trail to grotto and overlook Mid Term $36,673.00 $5,760.00 960 LF $6.00 Rehabilitate existing foot bridge Mid Term $10,000.00 1 LUMP SUM $10,000.00 Upgrades to soft surface trail on berm Mid Term $12,450.00 830 LF $15.00 Trail amenities benches Mid Term $78,000.00 $20,000.00 8 EACH $2,500.00 overlooks Mid Term $40,000.00 2 EACH $20,000.00 SUBTOTAL $398,210.00 TOTAL MIDTERM COST* $517,673.00 Southern kayak/canoe launch and fishing pier Canoe slide Long Term $148,980.00 S50,000.00 1 LUMP SUM $50,000.00 Dock/Pier Long Term $50,000.00 1 LUMP SUM $50,000.00 Trail connection to parking lot--8 ft wide paved trail Long Term $14,600.00 365 LF $40.00 Aiple residence renovation Long Term $1,300,000.00 $1,000,000.00 1 LUMP SUM $1,000,000.00 SUBTOTAL $1,114,600.00 TOTAL LONG TERM COST* $1,448,980.00 TOTAL COST OF ALL PHASES $2,535,227.50 $1,950,175.00 TOTAL COST WITH 20% CONTINGENCY $3,042,273.00 *30% additional includes: Design and Engineering (10%) + Mobilization and permitting (10%) + Site Grading and site prep (10%) DECEMBER 1, 2020 VEGETATION MANAGEMENT COST ESTIMATE DETAIL Table 1. Cost estimate for invasive plant control and, if necessary, native plant revegetation in Units A, B, C, D, G, and H. We highly recommend tha program/use of the former trout pond and berm (Units C and 11 are determined Drior to committing resources to vegetation management in or near these areas. A 8 C D E F G H 1 J UNIT(S) TOTAL ACRES YEAR ACTIONS PLANNING/OBS. HOURS COST E*Ave rate of $130/hr IMPLEMENTATION ACRE COST B*G 20% CONTGY. `* 20% SUBTOTAL F+H+I UNIT A, B, C, D, G, & H (Woodland invasive management & woodland restoration) 9.2 1B A - Prepare detailed invasive species removal & site restoration plans - Prepare biddable documents & assist in securing qualified contractor(s) 25 $ 3,250 $ - $ - $ 650 $ 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 30 $ 3,900 $ 1,500 $ 13,800 $ 3,540 $ 21,240 3 Annualize invasive species management cost (years -1-3 post initiation) 10 $ 1,300 $ 300 $ 2,760 $ 812 $ 4,872 4 10 $ 1,300 $ 300 $ 2,760 $ 812 $ 4,872 5 A - Native overseeding [1 k/acre] & bareroot tree/shrub planting & protection [1 k/acre] B - Continued invasive species management (year -4 post initiation) 25 $ 3,250 $ 2,300 $ 21,160 $ 4,882 $ 29,292 6 Annualize invasive species & native vegetation establishment management (5+ years post woody invasive species removal) 10 $ 1,300 $ 350 $ 3,220 $ 904 $ 5,424 7 10 $ 1,30$ $ 35$ $ 3,22$ $ 904 $ 5,424 8 5 $ 650 $ 300 $ 2,760 $ 682 $ 4,092 9 5 $ 650 $ 200 $ 1,840 $ 498 $ 2,988 10 5 $ 650 $ 200 $ 1,840 $ 498 $ 2,988 $ $ $ $ UNITS A, B, C, D, G, & H 10-YEAR COST ESTIMATE: 135 17,550 53,360 14,182 85,092 Table 2. Cost estimate for invasive plant control in Unit I. Costs are itemized separately from other invasive plant management as it is not City property. Planning and observation/inspection time accounted for in Unit A, B, C, D, G, and H Table. A B C D E F G H 1 J UNIT(S) TOTAL ACRES YEAR ACTIONS PLANNING/OBS. HOURS COST E*Ave rate of $130/hr IMPLEMENTATION ACRE COST B*G 20% CONTGY. (?0 * SUBTOTAL F+H+I UNIT J (Woodland invasive management & woodland restoration) 6.4 1 A - Prepare detailed invasive species removal & site restoration plans B - Prepare biddable documents & assist in securing qualified contractor(s) 0 $ - $ - $ - $ - $ - 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 0 $ $ 1,500 $ 9,600 $ 1,920 $ 11,520 3 Annualize invasive species management cost (years -1-4 post initiation) 0 $ $ 300 $ 1,920 $ 384 $ 2,304 4 0 $ - $ 300 $ 1,920 $ 384 $ 2,304 5 0 $ $ 300 $ 1,920 $ 384 $ 2,304 6 Annualize invasive species management cost (years 5+ post initiation) 0 $ $ 250 $ 1,600 $ 320 $ 1,920 7 0 $ $ 250 $ 1,600 $ 320 $ 1,920 8 0 $ - $ 250 $ 1,600 $ 320 $ 1,920 9 0 $ $ 200 $ 1,280 $ 256 $ 1,536 10 0 $ $ 200 $ 1,280 $ 256 $ 1,536 $ $ $ $ UNITS 1-YEAR COST ESTIMATE: 0 - 22,720 4,544 27,264 46 NORTH AIPLE PARK MASTER PLAN Table 3. Cost estimate for vegetation enhancement in Units E and F. A 8 C D E F G H 1 J UNIT(S) TOTAL ACRES YEAR ACTIONS PLANNING/OBS. HOURS COST E*Ave rate of $130/hr IMPLEMENTATION L.S. COST 20% CONTGY. (ZQ� SUBTOTAL F+H+I UNIT E and F (Picturesque Parkland) 3.2 1contractor Prepare biddable landscape plan & assist in securing 60 $ 7,800 $ - $ 1,560 $ 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) 25 $ 3,250 $ 25,000 $ 5,650 $ 33,900 3 Annualized maintenance cost (0-5 years post sowing) 5 $ 650 $ 500 $ 230 $ 1,380 4 5 $ 650 $ 500 $ 230 $ 1,380 5 5 $ 650 $ 500 $ 230 $ 1,380 6 5 $ 650 $ 400 $ 210 $ 1,260 7 5 $ 650 $ 400 $ 210 $ 1,260 8 Annualized maintenance cost (5+ years post sowing) 5 $ 650 $ 250 $ 180 $ 1,080 9 5 $ 650 $ 250 $ 180 0 1,080 10 5 $ 650 $ 250 $ 180 $ 1,080 $ $ $ $ UNITS E & F TOTAL 10-YEAR COST ESTIMATE: 125 16,250 28,050 8,860 53,160 Table 4. Additional Assessment Recommendations TASK UNIT ESTIMATED 2020 COST Complete park -wide growing season floristic inventory. Complete inventory of herbaceous invasive plant. PARK -WIDE $1,500 Inventory and map groundwater seeps park -wide. Evaluate seeps and creek for watercress impacts and spread. PARK -WIDE $1,000 Conduct wetland delineations where specific plans will be advanced. PARK -WIDE $4,000 Assess feasibility of public trout pond and evaluate integrity of embankment and associated outlet. Complete associated soil borings and geotechnical evaluation. UNITS C & I $15,000-$30,000 Assess existing banks for stability and vet potential improvements for instabilities. UNIT G $3,000 DECEMBER 1, 2020 SUMMARY OF ONLINE INPUT (SOCIAL PINPOINT) The following charts and graphs represent a summary of the input received during February, 2020, on the Social Pinpoint interactive mapping application and survey. What improvement would you most like to see at North Aiple Park? Response Tags from April 09, 2020 Survey Export Fishing Restoration Education Restore Trout Pond Accessible Preserve Rowing Pedestrian Safety mm Commercial mm Nature Play mm Parking mm Winter Recreation - Active Recreation - Art - Birding - Boating - Gardens - Screening - Trailhegd I I I Beach Passive Recreation Paddle Sports 0 5 10 15 20 25 30 35 40 How important is preservation and reuse of the existing building? April 09, 2020 Survey Export Very Important Somewhat Important Neutral Not Important INORTH AIPLE PARK MASTER PLAN 15- 12 9 6 3 0 Paddle Sports J Passive Recreation 15 12- 9 6 3 0 Restoration 15 12 9 6 3 0- Topics from April 09, 2020 Social Pinpoint Comments Export Highest Priority Like It! Highest Priority Dislike It. Like It! J Like It! J Having a launch for canoes, kayaks, and paddleboards is over- whelmingly desired. People cite it as a missing amenity in Stillwa- ter and the difficulties competing with motorized launches else- where. Some want a put -in very close to parking, for ease of launching, or a dedicated drop-off/pick-up parking zone. Others desire rentals so that parking and additional impervious is not necessary (and so the launch is accessible for those who do not have their own crafts). New ideas include using the garage as a cold storage space that could be rented by paddlers who want to keep their craft onsite. Generally, people love the peace and quiet of being in a park along the river. There is good support for walking trails throughout the park, with mixed reviews of whether the trails should be natural surface (suggested for the State Trail Connection to discourage biking into the park) or accessible paved. People are intrigued by the grotto and trout pond and would like to explore those areas. People overwhelmingly support places to picnic (tables and shel- ters) and access to restrooms/drinking water. Generally, people like the idea of biking to access the park (and want bike parking within sight of amenities), but some are concerned about the park becom- ing a throughway for cyclists and skateboarders. New ideas include adding a seating area with firepit, including an informal (loose parts) nature play area, and having amenities for dog owners. There were many comments in favor of restoration of habitat within the park, especially along the shoreline. Suggestions include replacing lawn with no mow or pollinator lawns, using native plants, removing invasives, avoiding unnatural lighting, and using vegetative shoreline restoration rather than rip rap. In general, people want to preserve the areas of natural beauty and the peaceful, quiet access to nature along the river. DECEMBER 1, 2020 15 12 9 6 3 0 Beach Parking 15- 12 9 6 3 0 Topics from April 09, 2020 Social Pinpoint Comments Export Highest Priority Like It! J Highest Priority Dislike It. Fishing 15 12 9 6 3 0 Like It! Highest Priority Like It! People frequently mention liking a beach when they mention water and/or paddle access. Parking was a contentious issue in the Social pinpoint, with passionate respondents posting multiple times about it. Those in favor thought it was essential to older visitors, those with disabili- ties, and to paddle access. Others thought cars should not be allowed in the park, adding impervious surface is irresponsible, and there is parking available downtown. People who mentioned the pier or fishing were very supportive of it and labeled fishing access a high priority. Some suggested having two fishing pier locations and another said one would be enough. Having an accessible fishing pier with ADA trail is desired. 50 15- 12 9 6 3 0 Education Topics from April 09, 2020 Social Pinpoint Comments Export Highest Priority Like It! J Reuse the Building 15 12 Highest Priority Dislike It. Like It! Among those who mentioned education, three deemed it the park's highest priority. Some suggest reusing the building as an educational center, while others want to see both indoor and outdoor space available for hands-on education, including acces- sible places to access the water and creative nature play areas for schools, clubs, and the general public. One respondent thought that the building was the highest priority, but two others had doubts about the cost/potential success of attempting to repurpose it. In general, people want places to picnic and store/rent paddle craft, along with places to gather for educa- tion, but they are open to those things being done in open shelters or a new on -site facility. s MEMORANDUM TO: Mayor and City Council FROM: Tom McCarty, City Administrator Mick Greiner, Facilities Manager DATE: January 15, 2021 RE: City Hall Boiler Replacement Project DISCUSSION: The adopted 2021 City capital budget included $100,000 in funding for a boiler replacement project at City Hall. The City requested proposals for replacement of two boilers and pumps at City Hall and the City received three quotes as attached and summarized below: MK Mechanical, Scandia, MN MMC, Eden Prairie, MN Royal Mechanical, Inc., Stillwater, MN RECOMMENDATION $89,000.00 $93,256.00 $95,000.00 Staff recommends that the City Council accept the proposal and award the contract to MK Mechanical for replacement of two boilers and pumps at City Hall with a low proposal amount of $89,000.00. The low proposal is within the approved 2021 boiler replacement capital project budget. ACTION REQUIRED: If the City Council concurs with the recommendation, the Council should approve a motion adopting the Resolution 2021- ACCEPTING PROPOSAL AND AWARDING CONTRACT TO MK MECHANICAL FOR STILLWATER CITY HALL BOILER REPLACEMENT PROJECT. City of Stillwater Washington County, Minnesota RESOLUTION 2021- ACCEPTING PROPOSAL AND AWARDING CONTRACT TO MK MECHANICAL FOR STILLWATER CITY HALL BOILER REPLACEMENT PROJECT WHEREAS, three proposals have been received for the City Hall boiler replacement project and the proposals comply with the specifications for such system; and WHEREAS, the proposal of MK Mechanical of Scandia, MN submitted the lowest cost proposal that meets the specifications for the City Hall boiler replacement project; and WHEREAS, the proposal was presented to Council, NOW, THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Mayor and City Clerk are hereby authorized and directed to enter into a contract with MK Mechanical of Scandia, MN to complete the City Hall boiler replacement project for a cost of $89,000. Adopted by the Stillwater City Council this 19th day of January, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk C *i4 I •- Mechanical Service 23996 Olinda Trail North, Scandia, MN 55073 Phone: 651-248-5195 Fax: 651-204-0078 Date: Wednesday, January 06, 2021 To: Attn: City of Stillwater 216 North Fourth Street Stillwater MN 55082 Phone 651-430-8831 Fax Mick Greiner Cell 651-413-5985 mgreiner@ci.stillwater.mn.us Re: Lochinvar boiler install WE PROPOSE to furnish materials and labor to change out the existing boiler with 2 Lochinvar Knight 850 FTXL fire tube boilers. Per the scope of work. Scope of Work: 1. Demo existing boilers 2. Supply two new Lochinvar Knight 850,000 FTX firetube boilers 3. Supply and install two new boiler pumps 4. Connect to existing gas 5. Connect to existing electrical 6. Connect to existing combustion air. I checked both should work min 4 inch 7. Run new 6-inch venting through roof where existing is ran. 8. Supply and install new neutralizers 9. Supply permit 10. Have state inspection 11. Connect to existing emergency stop 12. Insulate new piping BID AMOUNT FOR THE SCOPE OF WORK: $89,000.00 As always, we will work with you and provide the best service and pricing available. Customer agrees to pay MK Mechanical all amounts due for any services or materials provided upon receipt of any invoices from MK Mechanical. Customer agrees to a service charge of 1.5% on all balances thirty (30) days or more past due. Customer also specifically agrees to pay MK Mechanical for all collection costs, including employee and employer time and expense, and all attorney fees and legal cost incurred in either collection of or protection of MK Mechanical's interest in customers past due accounts or performance dale work provided. In the event the customer terminates or breaches this agreement/contract customer still agrees to pay MK Mechanical in full on a time and material basis for all services or materials provided to the customer including but not limited to the time MK Mechanical has expanded in preparing any invoices and estimates, and an additional consulting and adjusting fee equal to 20% of the total services and materials MK Mechanical provided to the customer for the work up to and including the date of such termination or breach, which fee represents the industry standard for reasonable profits and overhead generally paid and is not a penalty. Any change or modification to this agreement and these terms must be in writing and change orders signed by both parties. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. MK Mechanical will not be held liable for agreements contingent upon strikes, accidents or delays beyond our control. Building owner shall carry fire, property and other necessary insurance. Our workers are covered by workmen's compensation insurance. MK Mechanical will not be responsible for, nor will bid on this project, any work or cost of asbestos abatement. Building owner shall provide safe work area with free access to carry out above work. Upgrading of existing systems to meet the most current codes is limited to scope of work detailed above. All work to be performed during normal workday on straight time unless otherwise nosed. Materials are to be paid for upon delivery to the job site. MK Mechanical excludes extended or additional parts or labor warranty coverage beyond the manufacturer's warranty or guarantee. This agreement and quote is "Prelien Notification" and "Lien Claimants Notice" as required by Minnesota Law. Authorized Signature Accepted By Title Date MK Mechanical Mike Kastner Page 1 CITY OF STILLWATER 216 4th STREET N STILLWATER, MN 55082-4898 Attn: NEED VERIFY Mick, We propose the following: Service Proposal Quote Quote number: 20-1324-SP-01 Quote date: 10/26/2020 Prepared by: Dane Carsen • Disconnect, remove and recycle (2) Harsco Patterson -Kelly Boilers. • Furnish and install (2) new LOCHINVAR FTXL 850 Condensing Firetube Boilers, 5:1 Turn Down, 316 Stainless 160 PSI ASME Rated Heat Exchanger, Built In Smart Cascade Control, 98 % Thermal Efficiency, CSD-1 Rated Wt: 470 Ibs ea. • PRIMARY PUMP 1 B & G PL-130 2" IRON CIRCULATOR LESS FLANGES 115/60/1 Wt: 23 Ibs ea. (replaces current C-300 boiler Taco pump). • Furnish and install new draft hood and vent dampers. • Furnish and install new 6" venting stack 6" Polypropylene Venting. • Furnish and install new low water cutout with manual reset • Furnish and install new aquastat controller with manual reset • Gas piping - disconnect/reconnect • Electrical - disconnect/reconnect • Boiler Emergency stop button install. • New insulation as needed • Start-up and check for proper operations • Permits and inspections. • Taxes • Inspected by both local and state inspectors Budget price NTE $93,256.00. Specifically Excluded: • Overtime labor • Anything outside the above scope of work • Existing valves must hold • New pumps • Building Controls work 7450 Flying Cloud Drive I Eden Prairie, MN 55344 • Any other unforeseen deficiencies • Glycol Thanks for the opportunity. Dane Carsen Senior Service Project Manager 612-655-9834 This quote is valid for 30 days from the above date. Signature below represents acceptance of this quote and the terms and conditions contained herein. Please return signed quote to: Dane.Carsen@metromech.us or fax . Signed: Date: Name printed: 7450 Flying Cloud Drive 'Eden Prairie, MN 55344 variti MECHANICAL INC. Norell Ave N. Stillwater, MN. 55082 Bus. 651-436-2990 Fax 651-351-3999 Date: 1/5/21 Proposal Submitted to: Contractor Address: Contractor Phone: Fax: Proposal City of Stillwater 216 North Fourth Street Stillwater, MN 55082 (651) 413-5985 (651) mgre iner@c i. sti l lwater. mrt. us We hereby submit specifications and estimates for: The installation of 2 new Lochinvar 850 FTXL boilers. 1) Royal Mechanical will remove the old boilers and dispose. 2) Royal mechanical will provide and install 2 new 850 FTXLboilers and pumps. 3) We will connect to the existing supply and return piping, electrical and vent boiler through existing roof penetrations. 4) We will set the system pressure and start/up. 5) Permits and inspections. Two Knight FTX850 - 97% Efficient boilers installed price $ 95,000. 00 Any additional work not listed will be performed on a time and material basis. We propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of $ any options. Payment to be made at the completion of work. All material is guaranteed to be as specified. All work to be completed in a workman -like manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents, or delays beyond our control. Owner is to carry fire, tornado, and any other necessary insurance. Our workers are fully covered by Worlanan's Compensation. Authorized Signature Cal Suedkamp Note: This proposal may be withdrawn by us if not accepted within 30 days. Acceptance of proposal — The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date of acceptance Print Name: To: Mayor and City Council MEMORANDUM o`er' From: Shawn Sanders, Director of Public Works Date: January 11, 2021 RE: TH 36 and Manning Avenue Intersection - Variance for workhours DISCUSSION Washington County is wrapping up the plans and specifications for the TH 36 and Manning Avenue Interchange Project. As part of their specifications, they would like to include provisions to allow the contractor to work outside of the city approved work hours, in order to give the contractor ample opportunity to complete the project in a timely manner and to minimize traffic disruption. Section 38-3 of the City Code states that works hours are limited to 7:00 am to 10:00 pm Monday thru Friday and 9:00 am to 9:00 pm on Saturdays. The request is to be able to start work at 7:00 am on Saturdays for the duration of the project and be able to work overnight, for the placement of the bridge beams and concrete bridge deck, not to exceed eight days. (The county and the contractor would give enough advance notice to the City for these days). Overnight work would not include any extraordinary noise type work such as pile driving, jack hammering, or pavement and demolition removal. The request is made for the time frame of May 2021 to August 15, 2022. A resolution for the variance of works has been prepared for this request. RECOMMENDATION Staff recommend that Council approve the Resolution Approving Additional Workhours for the Manning/TH36 Interchange Project ACTION REQUIRED If Council agrees with the recommendation, they should pass RESOLUTION APPROVING ADDITIONAL WORKHOURS FOR THE MANNING/TH36 INTERCHANGE PROJECT City of Stillwater Washington County, Minnesota RESOLUTION 2021- RESOLUTION APPROVING ADDITIONAL WORKHOURS FOR THE MANNING/TH36 INTERCHANGE PROJECT WHEREAS, Section 38-3 of Stillwater City Code provides for construction hours between 7am and 10pm, Monday - Friday and 9am - 9pm on Saturdays. WHEREAS, Washington County in partnership with the Cities of Grant, Lake Elmo, and Stillwater is in the process of constructing a grade separated interchange at Highway 36 and Manning Avenue; and WHEREAS, Washington County will hire a contractor to complete this work; and WHEREAS, Washington County has requested a variance to the City's noise ordinance to allow work from 10pm to 7am for no more than eight (8) nights to more safely and efficiently complete bridge construction; and WHEREAS, Washington County has requested a variance to the City's noise ordinance to allow work from 7am to 9pm on Saturdays for the duration of the construction to more safely and efficiently complete interchange construction; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves a variance to Section 38-3 of the Noise Ordinance to allow: 1. The contractor to work from 10pm to 7am no more than eight (8) nights from May 1, 2021 to August 15, 2022, subject to the condition that the following activities may not be performed after 10pm or before 7am: ■ Pile driving/removal ■ Concrete pavement demolition ■ Sawing for pavement removal ■ Crushing operations ■ Jack -hammering 2. The contractor to work from 7am to 9pm on Saturdays from May 1, 2021 to August 15, 2022. Adopted by the City Council this 19th day of January 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS BY REZONING APPROXIMATELY NINE ACRES TO TR, TRADITIONAL RESIDENTIAL Case No. 2020-54 The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The zoning of the following property, visually represented in Exhibit A is hereby amended to TR, Traditional Residential: The south 1373.77 feet of the East Half of the East Half of the Northeast Quarter of Section 30, Township 30, Range 20, Washington County, Minnesota; excepting therefrom the north 58.61 feet of the west 268.95 feet of the south 1373.77 feet thereof; also excepting therefrom the west 80.00 feet of the south 720.00 feet thereof; also excepting therefrom the east 245.00 feet thereof; and also excepting therefrom all that part which lies southerly of "line 3" as described as follows: "Line 3" is 75.00 feet northerly of and parallel with the following described centerline: Commencing at the Southwest corner of said Northeast Quarter; thence North 01°04'48" West, assumed bearing, along the north -south quarter line of said Section 30 a distance of 38.03 feet to the beginning of said centerline; thence North 81°50'36" East, a distance of 1,395.68 feet; thence Easterly a distance of 1,279.97 feet along a tangential curve concave to the South, having a radius of 5,729.58 feet and a central angle of 12°47'59" and a chord bearing of North 88°14'36" East to a point on the East line of said Section 30, said point being 262.54 feet Northerly of the east quarter corner of said Section 30, and said centerline terminating at said point Section 2. This Ordinance shall be in full force and effect from and after publication according to law. Section 3. This Ordinance shall not be published until the Final Plat for White Pine Ridge is approved by the City Council. Section 4. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 19th of January, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Reabar Abdullah, Assistant City Engineer DATE: January 15, 2021 RE: Lake McKusick Sediment Removal Project 2020-08 DISCUSSION The bid opening for the Lake McKusick Sediment Removal project was Friday, November 30th, 2020. The City received two bids with the lowest bid in the amount of $83,772.88 submitted by Miller Excavation, Inc. of Baytown Minnesota. This was 9% higher than the engineers estimate. BCWD board of managers agreed in their meeting on January 13, 2021 to pay 50% of the cost not to exceed $40,000 toward the construction of the project. RECOMMENDATION It is recommended that the City accept the bids submitted for the Lake McKusick Sediment Removal Project 2020-08, and award the contract, to Miller Excavating, Inc. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2021-_ ACCEPTING BID AND AWARDING THE CONTRACT FOR LAKE McKUSICK SEDIMENT REMOVAL PROJECT (PROJECT 2020-08). City of Stillwater Washington County, Minnesota RESOLUTION 2021- ACCEPTING BID AND AWARDING CONTRACT FOR LAKE MCKUSICK SEDIMENT REMOVAL PROJECT (Project 2020-08) WHEREAS, pursuant to an invitation for bids for the Lake McKusick sediment removal Project, two bids were received, and the following bids were received complying with the advertisement; BIDDER Miller Excavating, Inc., Baytown, MN Viet & Company, Inc., Rogers, MN Engineer's Estimate and BID AMOUNT $ 83,772.88 $ 132,515.00 $ 76,772.00 WHEREAS, it appears that Miller Excavating of Baytown, Minnesota is the lowest responsible bidder. BE IT RESOLVED by the City Council of Stillwater, Minnesota, the Mayor and Clerk are hereby authorized and directed to enter into a contract with Miller Excavating, Inc., of Baytown, Minnesota in the name of the City of Stillwater for the Lake McKusick Sediment removal according to the plans and specifications on file in the office of the City Clerk. Adopted by the City Council this 19th day of January, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this day of , 20 , by and between the City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota 55082, ("City") and Itasca Marketing LLC, 3033 Excelsior Boulevard, Suite 305, Minneapolis, Minnesota, 55416 ("Consultant"). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services") relating to the installation, operation and management of automated live streaming cameras at the St. Croix Valley Recreation Center Fieldhouse ("Fieldhouse"), 1675 Market Drive, Stillwater, Minnesota, 55082, and as defined in the following documentsas defined in a proposal dated December 15, 2020, incorporated herein as Exhibit A and as follows: i. A proposal da ecember 15, 2020, incorporated herein as Exhibit A; i. Installation of any equipment necessary to perform the Services of this Agreement will be the responsibility of Consultant. Consultant is required to work with the City's Information Technology and Building Departments to ensure all equipment and cabling is installed according to the applicable Building and City Code regulations. ii. Installation by Consultant of one camera per playing field, along with: (1) electrical installation, if needed, and (2) network and coax cable installation along with any conduit needed for low voltage. Any necessary low voltage cabling must be run in metal conduit. Any cabling needed for the installation, operation and management of the equipment shall be provided by and at Consultant's expense. iii. Consultant will work with the City's Information Technology Department and conduct a detailed walk-through of the Fieldhouse to determine the optimal placement for the equipment. Consultant shall provide drawings or 1 written statement of plans to the City's Information Technology and Building Department's depicting the proposed placement of equipment prior to installation. Consultant's installation plans must be approved by the City's Information Technology and Building Departments before the installation of any equipment. iv. Consultant will provide the necessary interne access to view the live streamed video. The Fieldhouse reserves the right to stream the live video to the Fieldhouse lobby by video monitors and video distribution equipment purchased by the City. v. The installed equipment may be purchased by the City after the term of the Agreement at a mutually agreed upon price. vi. Consultant shall be responsible for the live streaming video portal and all video embed codes from the portal to all websites requested from the Fieldhouse. i4vii. Consultant shall be responsible for providing customer support for viewers of the live streamed video and anyone accessing the live video portal. b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in Exhibit A, and subject to Section 7 of this Agreement. 2. PAYMENT. a. Consultant agrees to share with City the pay -per -view receipts from regular sporting events and other sponsored tournaments as set forth in Exhibit A. b. Any changes in the revenue sharing allocations or the scope of the Services shall require prior written approval by the authorized representative of the City or by the City Council. The City will not provide any additional compensation for Services that do not have prior written authorization. c. City shall not be responsible for any costs associated with the purchase or installation of the equipment necessary to fulfill the provisions of this Agreement. Consultant is solely responsible for bearing the costs of executing the purchase of the equipment set forth in Exhibit A. 3. TERM. The term of this Agreement is identified in Exhibit A. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 2 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, City shall be paid for all the outstanding revenue received until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. b:c.Upon termination of this Agreement, in the City's sole discretion, the City may retain ownership of any installed cabling and conduit. If the City decides not to retain ownership, Consultant will be notified by the City and be required to remove some or all of the installed cabling and conduit from the Fieldhouse at the City's direction. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in Exhibit A. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. Consultant shall not use or operate any equipment in violation of any state law, statute, ordinance, code, rule or regulation. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the 3 circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated City Administrator Tom McCarty to act as the City's representative with respect to the Services to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Michael Gaard to be the primary contact for the City in the performance of the Services. He shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. c. Consultant shall indemnify and hold harmless the City, it agents and employees, from and against any legal liability for infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by Consultant and any loss or damages resulting therefrom. 11. MAINTENANCE OF EQUIPMENT. a. Consultant shall keep and maintain the equipment outlined in Exhibit A in good operating condition and will provide all maintenance and repairs necessary for such purpose. b. City shall have no liability nor be responsible for any costs associated with maintaining the equipment or costs associated with the replacement of damaged, stolen or lost equipment. 4 12. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $1,000,000 for any number of claims arising out of a single occurrence; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $300,000 for each person. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy. 13. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 14. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Attention: City Administrator Or e-mailed: tmccarty@ci.stillwater.mn.us If to Consultant: Itasca Marketing LLC 3033 Excelsior Boulevard Suite 305 Minneapolis, MN 55416 Attention: Michael Gaard Or emailed: mike@itascadigital.com 15. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 5 16. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving parry's rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 6 CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: 7 ITASCA MARKETING LLC By: Michael Gaard, CEO Date: 8 EXHIBIT A PROFESSIONAL SCOPE OF SERVICES OVERVIEW This agreement provides the business terms between Itasca Marketing LLC and the City of Stillwater to manage, install, and operate an automated live streaming camera in the St. Croix Valley Recreation Center Dome. This agreement covers the period of three (3) calendar soccer seasons beginning on January 1st, 2021 and running through December 31 st, 2023. GOALS The implementation of an automated camera system and the related management services provided by Itasca's video production company, MNSPORTS.TV, will support the following goals: 1. Deliver live streaming services of designated youth, high school and college games in the dome. 2. Interface with a coaching tool and support for coaches' use of the service. SPECIFICATIONS Itasca Marketing will complete and execute the purchase of one automated camera system to be installed overlooking the soccer mid field area. VIEWING COMPONENTS MNSPORTS.TV will schedule the games selected by the club scheduler onto the automated streaming platform to provide streaming services for the following events: 1. Pay per view (PPV) for soccer related events including weekday and weekend games and weekend tournaments 2. Video access for youth and high school coaching sessions. PAY PER VIEW PPV PROGRAM A pay per view amount for a season pass, tournament pass, and per game pass will be made available on a pay wall created by Itasca Marketing. The service will feature an exclusive St. Croix Soccer Club live streaming portal and video platform that can be shared on all St. Croix youth soccer websites and social media. Itasca Marketing will also have all games available on their live streaming site — MNSPORTS.TV. Subscription fees will be mutually arranged each season. REVENUE SHARE AND AD SHARE Itasca Marketing will share revenue with the St. Croix Soccer Club and the City of Stillwater as follows: 1. 25% of PPV receipts for regular games and sponsored tournament events will be paid to the St. Croix Soccer Club. 2. 25% of PPV receipts for regular games and sponsored tournament events will be paid to the City of Stillwater. 9 3. 50% of PPV receipts will be paid to Itasca Marketing for all St. Croix Valley Recreation Center related events. 4. St. Croix Soccer Club will be provided up to 25% of the available ad time on live stream events. ITASCA MARKETING SERVICES INCLUDE: 1. Live streaming video portal 2. E-Commerce platform for customer purchases of packages 3. Video embed codes from the portal to all St. Croix Soccer Club websites 4. Schedule management in the portal and communications with the game scheduler 5. Marketing of games, tournaments, and events 6. Customer support for viewers 7. 3-year limited hardware warranty covered by Itasca Marketing 8. Camera installation in the dome AGREED BY: City of Stillwater Date: Itasca Marketing LLC Date: Signature: Signature: Printed name: Printed name: Email: Phone: 10 Email: mgaard@itascamarketing.com Phone: (763) 233-2587 City of Stillwater Washington County, Minnesota ORDINANCE NO. 1159 AN ORDINANCE ENACTING CHAPTER 34 OF THE CITY CODE OF THE CITY OF STILLWATER REGARDING THE ESTABLISHMENT OF A UTILITIES COMMISSION WHEREAS, the City of Stillwater had a Water Board that governed its water utility; and WHEREAS, the City recently adopted new ordinances to incorporate its water utility into the City's other utility services, such as sanitary sewer system; and WHEREAS, the City has a need for a new commission to review these utilities and make recommendations to the Council. The City Council of the City of Stillwater does ordain: SECTION 1 ENACTMENT. Chapter 34, Section 1, of the City Code, regarding the establishment of the Utilities Commission is hereby enacted as follows: Sec. 34-1. Utilities Commission. Subd. 1. Establishment of Commission. The City of Stillwater, as authorized by Minnesota Statutes, sections 412.331 to 412.391, which sections are hereby accepted, establishes a Utilities Commission with the powers and duties set forth in this Section. Subd. 2. Jurisdiction. The following public utilities shall be within the jurisdiction of the Utilities Commission: (1) The city water system; (2) The city sanitary sewer system; collectively referred to as "public utility" or "public utilities" for purposes of this Section. Subd. 3. Purpose. The Utilities Commission is established to aid and make recommendations to the city council on the city's public water system and the public sanitary sewer system, while promoting conservation and responsible management of resources. Subd. 4. Membership. The composition of the membership of the Utilities Commission shall consist of five (5) members, appointed by the city council, serving staggered terms of three (3) years. A city council representative and the Public Works director or designee shall be ex officio, nonvoting members of the Utilities Commission. Voting members of the Utilities Commission shall be residents of the city. Any vacancy in the Utilities Commission shall be filled according to Chapter 22, Section 22-8. Each appointed member of the Utilities Commission shall, before entering upon the discharge of their duties, sign an oath that they will faithfully discharge the duties of the office, and shall serve without compensation. Subd. 5. Duties and responsibilities. In furtherance of the purpose set forth in Subdivision 3, the Utilities Commission shall have the following duties and responsibilities over the public utilities of the city: (1) To review all proposed future comprehensive planning in the city including residential, industrial and commercial in nature and make recommendations, as part of that review process, to the city planning commission on the proposed future comprehensive planning as it relates to the needs of the community in all areas of the city's public utilities. (2) At least once annually, or more frequently if deemed necessary, the Utilities Commission shall review all user fees, connection charges and other associated forms of revenue of the public utilities and present recommendations to the city council regarding these fees. Recommendations for adding or deleting any such fees shall also be determined through this process. (3) Review and recommend maintenance plans and policies for the public utilities to be submitted to the city council for approval and implementation. (4) Review private land development proposals for conformance with public utility plans, policies, and standards and make recommendations to city staff for incorporation in reports to the planning commission and city council, as necessary. (5) Recommend public utility system improvement and maintenance projects to the Public Works director for inclusion in the proposed capital improvement and city budgets for city council approval. (6) Review and make recommendations regarding utility service policies and procedures for consideration by city council as needed. (7) Review public utility system reports for city council approval as required by regulatory and funding agencies. (8) Attempt to resolve, within its authority, any grievance involving public utility bills within the city and make all appropriate reports to the city council. (9) Perform such other functions concerning public utilities as the city council may from time to time direct. Subd. 6. Commission Administration. Administration of the Utilities Commission is according to Chapter 22, Section 22-8. SECTION 2 SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire document: 2 The ordinance enacts the Utilities Commission to transition the responsibilities of the Water Board by establishing the jurisdiction, purpose, membership and duties of the Utilities Commission. SECTION 3 EFFECTIVE DATE. This Ordinance shall be effective upon passage and publication according to law. Adopted by the Stillwater City Council this 19th day of January, 2021. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 3 TO: FROM: DATE: SUBJECT: iliwater Administration Mayor & City Council Tom McCarty, City Administrator Beth Wolf, City Clerk January 15, 2021 Events in City of Stillwater / State COVID-19 Preparedness Plan Reviews BACKGROUND SUMMARY: The City Council has adopted an Events Policy requiring application and approval for events held in the City. Due to the COVID-19 pandemic, the Council cancelled most events from March through December 2020. As part of the City's Strategic Plan goal to make Stillwater more of a year round city, a group of community members developed Wintertime in Stillwater activities and events and raised funds to support those activities. Many of the proposed events require City approval and any event approvals issued by the City Council have included a condition requiring the event organizer must make certain the event complies with all COVID-19 Executive Orders issued by the Governor and any guidance issued by MDH and the CDC. On January 6, 2021, Governor Walz' issued Executive Order #21-01, which provided for limited reopening of businesses, activities and events in Minnesota effective January 11, 2021. In conjunction with Executive Order #21-01, the State has issued "COVID-19 Preparedness Plans Guidance: Requirements for Outdoor Non -Seated Venues" — see attached. This Guidance document applies to many of the Wintertime in Stillwater events proposed to occur within the City. On January 13, 2021, city staff participated in a meeting convened by the State Attorney General's office to review the Fire and Ice Balloon Display COVID-19 Preparedness Plan with the AG's office for the event scheduled for January 29-31 in Lowell Park. The summary of the meeting was that state officials provided detailed suggestions for the event organizer regarding compliance with the Stay Safe MN Guidance for Outdoor Non -Seated Venues. Of importance to the City of Stillwater is that the State considers the venue owner (City) to bear some responsibility for compliance the Guidance for Outdoor Non -Seated Venues regarding maximum allowed spectators at events and take-out food/beverage consumption outside of designated seating areas. Staff will discuss how the state Guidance may impact City operations during approved events. Staff recommends that all City Council event approvals require event organizers compliance with any Governor Executive Orders, MDH and CDC guidelines issued related to COVID-19, and that City staff develop city COVID-19 Preparedness Plans for specific events as may be required by all State COVID-19 Guidelines. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us COVID-19 Preparedness Plans Guidance: Requirements for Outdoor Non -Seated Venues 1/7/2021 Executive Order 21-01 (EO) allows outdoor non -seated venues to remain open beginning Monday, January 11, 2021 at 12:00 a.m. Outdoor non -seated venues must comply with the requirements set forth in Executive Order 21-01 and the requirements provided in this document, which mitigate the risk of transmission of COVID-19. Frequently asked Questions about all Executive Orders may have additional clarifications about requirements and recommendations. See Frequently Asked Questions about Stay Safe MN (https://mn.gov/covidl9/for-minnesotans/stay-safe-mn/faq.jsp) or Stay Safe Guidance for Businesses and Organizations (https://staysafe.mn.gov/industry-guidance/index.isp). Executive Order (EO) 21-01 The full executive order (EO) with all requirements can be found at Executive Orders from Governor Walz (https://mn.gov/governor/news/executiveorders.jsp). COVID-19 Preparedness Plan requirements under EO 21-01 For the duration of EO 21-01, outdoor non -seated venues must comply with the following requirements: ✓ Workers: In -person meetings and training sessions for workers are allowed, but must be limited to as few workers as possible, and must not to exceed 25 workers at one time when held indoors. • Workers who can work from home must do so. ■ Meetings and training sessions must be held virtually whenever possible. ✓ Outdoor Venues may be open: Occupant capacity must be limited to no greater than 25% of normal occupant capacity, not to exceed 250 patrons for the entire venue (refer to the "Managing occupant capacity of venues" section below for more information). Venues may not be divided into multiple 1 of 14 OUTDOOR NON -SEATED VENUES compartments, sections, or similar areas that result in greater than 250 patrons for the entire venue. ✓ Drive-Thru Experiences: Drive-thru experiences arestrongly encouraged, provided: • All patrons and spectators remain within their vehicles at all times. • Food, beverages, merchandise, and other products/materials must be offered to the patrons and spectators while they remain within their vehicle, and not require or permit that patrons leave their vehicle. • Venues must follow all requirements in "Vehicle Gatherings, Parades, and Drive -Ins" (See https://www.health.state.mn.us/diseases/coronavirus/vehiclegather.pdf ). • The above occupant capacity limits do not apply to outdoor venues that consist of entirely a drive-thru experience where patrons remain inside of the vehicles at all times. • The above occupant capacity limits do apply to the entire venue if a drive-thru experience or event permits patrons to leave their vehicles. ✓ Food and Beverage: Food and beverages for on -site consumption may not be offered or permitted except under the following: • Employees of venues may purchase food to consume within designated employee break areas. • On -site consumption of food and beverage is permitted between the hours of 4:00 a.m. and 10:00 p.m. However, patrons must be seated in designated seating areas whenever eating or drinking on -site. The venue must comply with all other requirements applicable to outdoor dining found at Stay Safe Guidance for Restaurants and Bars unless inconsistent with this document (in which case, this document controls). ✓ Face -Coverings: Face -coverings are required for patrons (except when eating or drinking) whenever indoors, and are strongly recommended for patrons whenever outdoors, particularly in situations where it is difficult or impossible to maintain social distance from others. Under Executive Order 20- 81, workers are required to wear face coverings whenever indoors, and whenever outdoors in situations where social distancing cannot be maintained. ✓ Plan Guidance requirements • To the extent businesses in outdoor non -seated venues are operating activities that are allowed by EO 21-01, businesses must follow requirements in the "COVID-19 Preparedness Plan Requirements Guidance for Outdoor Non -Seated Venues" below unless revised or modified by the above provisions. If the requirements set out below have been revised or modified by the above provisions, the above provisions must be followed. 2 of 14 OUTDOOR NON -SEATED VENUES COVID-19 Preparedness Plans Guidance: Requirements for Outdoor Non -Seated Venues This document applies to Places of public accommodation identified as "outdoor non -seated venues", meaning businesses, entities, and events whose members of the public at the venue ("patrons") are not seated while in attendance at an outdoor venue, and who stand, wander, navigate, walk -around, and/or remain active within or throughout the venue while intermingling, co -mingling, or congregating with other patrons. Outdoor venues that are seated and indoor venues are not included within these requirements. For requirements involving indoor seated venues, indoor non -seated venues, and outdoor seated venues, see Stay Safe Guidance for Entertainment and Meeting Venues (https://staysafe.mn.gov/industry-guidance/entertainment.isp). Your health and COVID-19 Any time individuals are gathering with other people, they are at risk of exposure to SARS-CoV-2, the virus that causes COVID-19. COVID-19 is spread through respiratory droplets produced when an infected person coughs, sneezes or talks. These droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs. People with symptoms and without symptoms can spread the virus. COVID-19 can lead to serious medical conditions and even death for people of all ages. We cannot predict who will become severely ill, although we know that older people and people with underlying health conditions are at higher risk. We do not yet know what the long-term effects of infection from COVID-19 are; even people with mild cases may experience long-term complications. The best way to prevent illness is to avoid being exposed to this virus. The masking, physical distancing, and other safety precautions included in these requirements reduce the risk of spreading COVID-19, but do not eliminate the risk entirely. We can all take these actions to protect ourselves, our families, and others throughout our communities. This applies to people who have already been vaccinated, too. • Stay home when sick. • Stay at least 6 feet apart from other people. • Wear face coverings in indoor businesses and public indoor spaces and outdoors when 6 feet of social distancing cannot be consistently maintained. • Wash your hands often. • Cover your mouth and nose when you cough or sneeze. Definitions When used in this document the following terms have the following meaning: Indoors 3 of 14 OUTDOOR NON -SEATED VENUES A space is "indoors" if the space is: 1. Between the ground or other natural surface or a floor or similar surface and an overhead barrier, including but not limited to: a canopy, cap, awning, ceiling, roof, retractable barrier, or similar structure, whether opened or closed, and 2. Bounded by a physical barrier, including but not limited to walls, partitions, retractable dividers, doorways, garage doors or windows, whether opened or closed, that cover more than 50% of the combined surface area of the vertical planes constituting the perimeter of the space. Indoor spaces may be temporary or permanent, finished or unfinished. A physical barrier bounding a space may be made of natural and manufactured materials. A 0.011 gauge window screen with an 18 by 16 mesh count is not a barrier. Examples of spaces that are or can be indoor spaces include, but are not limited to, buildings, towers, stadiums, arenas, theaters, rotundas, domes, tents, pavilions, gazebos, igloos, trailers, and other enclosures. Potentially Infectious A worker or person who is "potentially infectious" includes a worker or person who: 1. Is experiencing symptoms of COVID-19 and has not completed their solation period; a. Is residing in a location with someone who is experiencing symptoms of COVID-19 or has tested positive for COVID-19, and has not completed their quarantine period; 2. Has been in close contact with or directly exposed to a person who is experiencing symptoms of COVID-19 or has tested positive for COVID-19, and has not completed their quarantine period since the close contact or direct exposure; 3. Has tested positive for COVID-19 and has not completed their quarantine period; or 4. Has been tested for COVID-19 because they meet one or more of the conditions set out in 1, 2, or 3 and are waiting for the test results. Venue A "venue" is a physical space or area used to perform activities or conduct events. A venue may be space or area that is public or private, indoors or outdoors, with defined or undefined perimeters and accessible with or without a cost to an attendee. A physical space or area is a venue if the actions, conduct, or decisions of a business or other entity, including an event organizer, result in members of the public assembling or gathering in a space or area for a common or collective activity or event. COVID-19 Preparedness Plans As required by the Executive Orders (also referred to as "EOs") issued by Governor Tim Walz under the Peacetime Emergency, all businesses, both critical or non -critical, and other entities identified in the EOs, are legally required to develop and implement COVID-19 Preparedness Plans (also referred to as "Plan" or "Plans"). Under the EOs, a "business" and "businesses" include entities that employ or engage workers, including private -sector entities, public -sector entities, non-profit entities, and state, county, 4 of 14 OUTDOOR NON -SEATED VENUES and local governments. "Worker" and "workers" are broadly by defined by the EOS to include owners, proprietors, employees, contractors, vendors, volunteers, and interns. For purposes of this Plan Guidance, "other entities" includes those entities identified in the EOs that are not covered by the definition of a "business" but are also required by an EO to develop and implement Plans. Other entities include places of public accommodation, establishments, institutions, facilities, venues, and organizers identified in the EOs. Plan Guidance is designed to protect workers, customers, and other members of the public from the transmission of the virus that causes COVID-19. This Plan Guidance constitutes the "Plan Guidance" referred to in EO 21-01 and applies to all identified businesses and other entities. Businesses and other entities must develop and implement COVID-19 Preparedness Plans that address the following: ✓ The requirements of EO 21-01, ✓ The requirements included in the Universal Plan Guidance for COVID-19 Preparedness Plans found at Stay Safe Guidance for All Business Entities (https://staysafe.mn.gov/industry-guidance/all- businesses.jsp), and ✓ The requirements included in this Plan Guidance that are applicable to their business or entity. Unless clearly indicated that an action is recommended and included under "Recommendations," businesses and other entities should understand that the Plan Guidance imposes legally enforceable requirements. In instances where a requirement uses language "to the extent possible," the action is required, to the extent it is possible for the business or entity to implement the requirement. Depending on the activities engaged in by a business or other entity, it may be required to comply with additional industry or activity specific plan guidance, such as plan guidance applicable to bars and restaurants, if the facility serves food and beverages or plan guidance applicable to businesses that provide personal services, if the facility has a hair salon. Frequently Asked Questions have been posted to respond to questions about provisions of Executive Orders and Plan Guidance. The following is a link to current Frequently Asked Questions about Stay Safe MN (https://mn.gov/covidl9/for-minnesotans/stay-safe-mn/faq.jsp). Required Plan Sections Follow the requirements included in the Universal Plan Guidance for COVID-19 Preparedness Plans found at Stay Safe Guidance for All Business Entities (https://staysafe.mn.gov/industry-guidance/all- businesses.jsp) 1. Health screening and "stay at home" 2. Managing occupant capacity for venues 3. Safe celebrations and events 4. Access, arrival, and check -points 5 of 14 OUTDOOR NON -SEATED VENUES 5. Maintain social distance between people 6. Hand hygiene practices 7. Use of face coverings 8. Cleaning and disinfecting 9. Food service, concessions, and merchandising 10. Live entertainment 11. Incident management Requirements and Recommendations 1. Health screening and "stay at home" Requirements ✓ Establish and implement health screening for all persons entering the business or venue, including customers, clients and visitors, and establish and implement procedures for addressing customers, clients and visitors who may be potentially infectious • Expressly advise patrons when they are being issued tickets or making reservations not to come to the venue if they are potentially infectious. • Post health screening questions at entrances and access -points to the venue. • If medical screening is performed, conduct medical screening as close to a patron's point of entry onto the property as possible, and conduct medical screening immediately prior to entering the venue, as to minimize symptomatic persons comingling with non -symptomatic persons within the venue. Recommendations • Have patrons review and respond to the health -screening -survey questions upon arrival and check -in, and verify that they are not potentially infectious. • Establish a process for providing refunds for patrons who are not able to attend due to the patrons being potentially infectious. 2. Managing occupant capacity Requirements ✓ Occupant Capacity: Unless otherwise expressly permitted under these requirements, outdoor non - seated venues must reduce the occupant capacity for the entire venue to that which is necessary to allow for the required social distancing and required under Executive Order. • To calculate the permitted maximum occupant capacity for the venue, venues must use the occupant capacity of the venue whenever required or established by applicable state or local authorities in accordance with established codes and requirements. 6 of 14 OUTDOOR NON -SEATED VENUES • If a venue does not maintain an occupant capacity that is required or established by applicable state or local authorities (e.g. outdoor field, park), the venue must use the following calculation to determine the occupant capacity allowed for the venue: • Step 1: Determine the total area (in square -feet) of space within the venue that is accessible to, and may be occupied by, patrons while at the venue/event. • Step 2: Ensure all areas that are not accessible to patrons, including "worker only" and "performer only" areas (e.g. restricted areas, playing fields, stages, kitchens, janitorial areas) are not included within the total area occupied by patrons. • Step 3: Divide the total area by 113 (i.e. 113 square -feet per person; See US Fire Administration's Understanding the Impact of Social Distancing on Occupancy (https://www.usfa.fema.gov/coronavirus/planning response/occupancy social distancing. html). • Step 4: Referring to the requirements provided in Executive Orders or this document for occupant capacity, complete the following: If the number is less than the maximum number permitted in the requirements (i.e. "cap"), then the resulting calculation is the maximum number of patrons allowed for the business. If the number is greater than the maximum number permitted (i.e. "cap"), the number of customers/patrons may not exceed the maximum number permitted (i.e. "cap") at any given time. • The number of workers for the venue does not need to be included when considering occupant capacity for the purposes of these requirements. • The number of performers for the venue does not need to be included when considering occupant capacity for the purposes of these requirements so long as the requirements in this document are effectively implemented to keep performers and patrons separated (See "Live Entertainment"). • Bleacher Capacity: The identified seating capacity for bleachers or bench -style seating cannot be used to determine occupant capacity for a venue. ✓ Dividing up a Venue: An outdoor non -seated venue may not divide itself or operate in any manner that exceeds the maximum capacities. The maximum number of persons allowed for a venue applies to the entire venue (indoors and outdoors combined). ✓ Social Distancing Must Be Maintained: Under all circumstances, if the allowable number of patrons creates congregation, congestion and bottle -necking that does not allow for proper social distancing and consistency with these requirements, the venue must further reduce the number of patrons it allows to a level that achieves consistency with these requirements. ✓ Advanced Ticking/Reservations: Venues must establish a system for advanced ticketing or reservations (e.g. virtual, on-line, app-based, email, will -call) to ensure occupant capacity is not exceeded. Walk-ins, impromptu purchases or admittance is not permitted, and venues must not allow patrons to enter the venue without a ticket or reservation issued in advance of their arrival. • Household Groups: Only household groups are permitted to purchase tickets for adjacent seating where physical distancing of at least 6-feet is not maintained. 7 of 14 OUTDOOR NON -SEATED VENUES • Parents/Guardians of Minors: If patron is a minor that requires supervision, ensure parent/guardian is registered in advance. ✓ Communication of Capacity: Venues must ensure the maximum number of patrons allowed within the venue, as determined by the venues' compliance with these requirements and the relevant Executive Orders, is expressly stated in the written COVID-19 Preparedness Plan for the venue, as well as all rated occupant capacities, social distancing calculations, and other factors used to derive the capacity used by the venue. 3. Safe celebrations and events Requirements ✓ When permitted, a venue hosting a planned celebration, reception, or other social gathering connected to private parties, holidays, weddings, funerals, life milestones (such as birthdays or retirements), family reunions, planned religious services, and other similar occasions must ensure: • The requirements to follow for capacity, dancing, and other activities are in the Gathering Requirements for Celebrations and Significant Life Events (https://www.health.state.mn.us/diseases/coronavirus/safeevents.pdfl. • Reservations for the event are made in advance of the date of the event as to allow the venue to plan for the event and address necessary requirements, including capacity, access, and social distancing. • The venue, event organizer, and other entities responsible for the event develop a written COVID-19 Preparedness Plan prior to the event that is specific to the event and can be effectively implemented throughout the event. • The venue designates a separate space within the venue to ensure persons within the event remain separated from other areas, workers, patrons, and activities not associated with the event. • The number of persons associated with the event contributes towards the maximum number of persons that is permitted at the venue, and that the total number of persons permitted throughout the venue is not exceeded while the event is occurring. 4. Access, arrival and check -points Requirements ✓ Managing Access: Businesses must monitor and manage access and occupancy of the venue to ensure the maximum occupant capacity is not exceeded. • Control access into the venue to limit the number of patrons allowed within the venue at one time, and do not exceed the required percentage of occupant capacity or maximum number of patrons allowed at any given time where required. • Venues must ensure perimeters and/or boundaries are established by means that will allow for access into the venue to be effectively controlled. Venues must ensure the system used prevents the uncontrolled access of persons into the venue. Thus, although stanchions or a 8 of 14 OUTDOOR NON -SEATED VENUES rope -line may be used, a venue will need to established a system of higher integrity if the rope - line is insufficient for preventing the unauthorized access of persons into the venue. • Indoors: Venues may rely on the confines of the building or structure for activities occurring indoors so long as access into the venue is controlled at entry points. • Outdoors: Venues must establish perimeters for activities occurring outdoors to effectively control access into the venue. Examples include permanent or temporary fixed barriers (e.g. adjacent buildings, walls, fencing, gates, barricades, retaining walls, or natural barriers) or administrative barriers (e.g. rope -lines, tape). • Limit access into the venue to only patrons with advanced tickets or reservations, workers, and performers. • Performers must use entrances/exits that are separate from those used by patrons. ✓ Managing Arrival: Businesses must manage arrival of patrons to the venue to ensure social distancing of at least 6 feet is maintained between patrons at all times. • For venues hosting a single event at a given time, establish staggered admission -times, entry - times and durations to minimize overlap and congregating of patrons at choke -points (e.g. access points, security check -points, admission areas, concession areas). Consider prescheduling individually assigned arrival times (e.g. seating furthest from entrances permitted to enter earlier). • For venues hosting multiple events, stagger event times as to minimize patrons from different events arriving and congregating with one another. • Ensure adequate distance is established between check -points (e.g. ticketing, security, medical - screening) as to ensure proper social distancing between patrons, and minimize congestion of patrons waiting to enter the venue. • Assign a number of ushers, monitors, and/or security personnel necessary to facilitate orderly screening and entry into the venue, and to effectively monitor and maintain social distancing throughout the process. Recommendations • Schedule arrival times for longer than their typical duration to minimize the congregation of patrons waiting. • Establish "drop off" areas to allow for patrons within household groups to be dropped off at their designated entrance to the venue to minimize the number of persons walking through parking ramps, parking areas, sidewalks, and walk -ways. • Enhance security protocols for entry to allow for more efficient security -checks of patrons, minimize face-to-face interaction between security personnel and patrons, and minimize wait - times (e.g. metal -detectors, scanners, transparent baggies for personal items, limit pat -down checks). 5. Maintain social distance between people Requirements 9 of 14 OUTDOOR NON -SEATED VENUES ✓ Eliminate congestion areas, bottle -necks and choke points, and provide queuing (e.g. signage, markings, barriers, paint, tape, flags) to maintain social distancing • Community benches, tables, booths, and seating that do not allow for social -distancing of at least 6 feet between persons must be removed or marked to prevent use. • Patrons must not be allowed to linger or socialize in lobbies, common areas, hallways, restrooms, ticket- counters, concession -counters, etc. • Restrict the use of elevators unless social distancing of at least 6 feet can be maintained between persons within elevator cabs. • Ensure attractions (e.g. displays, iconic memorabilia) are arranged to provide for social distancing of at least 6-feet. Prohibit the congregation of persons around individual attractions. ✓ Implement and maintain social distancing in specific spaces or while performing certain activities • Presentation ceremonies of items such as certificates, trophies, awards, ribbons, badges, pins, and decorations must ensure social -distancing of at least 6 feet between persons, and not allow for person -to -person physical contact. • Meet -and -Greets: Minimize fan -events such as "meet and greet" celebrity -fan interactions, back -stage passes, and after -show guests to minimize congregation and congestion. Such events must not occur if social distancing of at least 6 feet cannot be maintained between all persons. • Where celebrity -fan interactions are scheduled (e.g. photographs, autograph -sessions), celebrities must be separated from patrons. Social distancing of at least 6 feet must be maintained between all persons, including between patrons of different household groups, and between patrons and celebrities. Back -stage passes and after -show events that involve patrons entering the performance area, or performers entering into the audience area, and/or involve the co -mingling of patrons and performers are not permitted. Recommendations • Designate and demarcate one-way traffic -flows to mitigate congestion and crowding. • When groups of patrons are leaving, unseat patrons in an orderly fashion, starting with those closest to the exit and ending with those farthest from the exit. • Provide additional unisex stalls, privies, or toilet units to minimize traffic and congestion. • Provide additional handwashing facilities and hand sanitizer facilities to minimize congestion. 6. Hand hygiene practices Requirements ✓ Restrict eating and drinking. • Do not provide community drinking stations and water fountains unless protocols are implemented to ensure frequent sanitation between users. Foot -controlled or touchless water - filling stations may still be provided. 10 of 14 OUTDOOR NON -SEATED VENUES Recommendations • Provide additional hand -washing stations throughout the business for customers/patrons. • Provide individual water -bottles in lieu of community drinking stations. 7. Use of face covering Requirements ✓ Require workers to wear face coverings indoors at all times, and outdoors when social distancing of 6 feet cannot be maintained. Establish procedures for overseeing workers' compliance with face covering requirements. • Require workers to wear a face covering that covers their mouth and nose in accordance with Executive Order 20-81. The Executive Order requires everyone —including workers —to wear a face covering in indoor businesses and indoor public spaces. Additionally, the Executive Order requires workers to wear face coverings when working in outdoor settings in situations where social distancing of at least 6 feet cannot be maintained. More information about face covering requirements and exemptions is available on the MDH website at Facemasks and Personal Protective Equipment (PPE) Webpage (health.state.mn.us/diseases/coronavirus/prevention.html#masks). • Businesses must take reasonable steps to ensure that workers, customers, clients and visitors wear face coverings in accordance with Executive Order 20-81, and conspicuously post face covering policies for workers, customers, clients and visitors. Cloth face coverings are NOT a substitute for maintaining a social distance of 6-feet from other people. ✓ All persons must wear face coverings when indoors, including while engaged in activities such as entering the facility, checking in, being in lobbies, hallways, and other common areas, moving throughout the venue, before and after classes, putting away equipment, changing clothes, and using restrooms. ✓ Establish procedures that set out steps that will be taken to ensure patrons are wearing face coverings and actions that will be taken if they refuse. • Venues must take reasonable steps to ensure that patrons wear face coverings in accordance with Executive Order 20-81, and conspicuously post face covering policies for workers, performers, and patrons. Cloth face coverings are NOT a substitute for maintaining a physical distance of 6-feet from other people. • Establish procedures for when patrons refuse to wear a face covering where wearing a face covering is required or refuse an offered accommodation. Recommendations • Face coverings are strongly recommended for patrons (except when eating or drinking) whenever outdoors, particularly in situations where it is difficult or impossible to maintain social distance from others. • Where large gatherings of the public occur, venues are strongly encouraged to require patrons to wear face coverings whenever possible where not otherwise required. 11 of 14 OUTDOOR NON -SEATED VENUES 8. Cleaning and disinfecting Requirements ✓ Remove "self-service" stations for patrons to obtain equipment (e.g. golf -clubs, skates), and require that rental and provided equipment be individually and directly issued to each patron or household group. Ensure equipment is returned directly to a designated area to minimize the equipment being exchanged directly between patrons. ✓ Community drinking stations and water fountains must not be available or used. Individual water bottles may be provided or distributed in lieu of potable water -stations. Touchless water -filling stations may still be provided. ✓ Ensure high touch surfaces (e.g. seats, armrests, cup holders, tables, door handles, ticketing kiosks, touch screens) are being disinfected during timed intervals and between venues and events. ✓ Ensure instrumentation, products, samples, and props are sanitized prior to use and in between handling by workers and patrons. 9. Food service, concessions and merchandizing Requirements ✓ Ensure multiple ticket -counters, merchandise -counters, concession -counters, and drink -dispensers are separated to allow patrons to maintain a social distance of at least 6 feet from one -another. ✓ Ensure social queuing is established to provide and promote social distancing between multiple workers and patrons congregating and waiting to perform transactions and submit/pick up orders. Lane -lines, order, check-out, and adjacent areas must be demarcated (e.g. floor markers, stanchions) to provide for social distancing of at least 6-feet. ✓ Remove seating in concession areas and common areas to minimize congestion and ensure social distancing. ✓ Implement and maintain social distancing in specific spaces or while performing certain activities ✓ Food -Service: Refer to Industry Guidance for Safely Reopening: Restaurants & Bars on the Stay Safe Guidance for Restaurants and Bars (https://staysafe.mn.gov/industry-guidance/restaurants- bars.jsp). • Venues must not offer food or beverage service and must prohibit the on -site consumption of food or beverages throughout the venue between the hours of 10:00 p.m. and 4:00 a.m. each day. Food and beverage service areas should be clearly marked and separated where possible as closed. Venues may continue to operate while food and beverage service is closed. • Patrons must take food and beverages back to their individually assigned seating areas, and may only consume food and beverages while seated in their individually assigned seating area. • Do not refill popcorn, drinks, and other items using the same container. A new container must be provided. • Ensure self-service beverage machines, condiment- stations, and counters are sanitized frequently. 12 of 14 OUTDOOR NON -SEATED VENUES • Follow the requirements of the Minnesota Administrative Rules Chapter 4626, Food Code; Food Managers (www.revisor.mn.gov/rules/4626/). • Continue following requirements for reporting food worker illness and exclusion: Illness Reporting for Food Establishments (www.health.state.mn.us/people/foodsafety/dwi/empillfs.pdf). Recommendations • Use app-based ordering to minimize patrons having to wait in line, linger and congregate in concession and merchandise areas. • Consider delivering concessions directly to designated seating areas, as opposed to providing concessions at concession stands, provided that workers can be protected. • Limit menu items to those items which can be readily retrieved and/or quickly prepared to minimize congestion, lingering, and waiting. Consider "pre- assembled" order -groupings or orders to simplify ordering and minimize ordering and wait -times. • Maintain individually wrapped utensils (e.g. napkins, straws, forks) and condiments behind the counter, and provide per order, as opposed to providing them at a condiments counter. 10. Live entertainment Requirements ✓ Live entertainment is only permitted by performers who are designated by the venue. Examples include, but are not limited to, live music, concerts, stage performances, athletic events, contests, and combative sports • Karaoke singing and open microphone events involving performances by patrons and visitors are not permitted. • Venues operating under this guidance may not permit patrons to dance unless physical distancing of at least 6-feet is maintained at all times between all persons of different household groups, and face -coverings are worn at all times. ✓ When hosting "live" events and performances, separation of at least 12-feet must be maintained at between the "performers" and "patrons" • When hosting "live" events and performances, the venue must ensure that a designated performance area is established (e.g. stage, court, field, ring -side, aisle), and that the performance area is separate and distinct from those areas accessible to patrons. • A physical distance of at least 12-feet must be maintained at all times between the performers and performance area, and those areas accessible to the patrons (e.g. seating area, concession areas, audience). Install barriers or partitions to separate the performance area and audience. • Performers must remain within the designated performance area within the venue. Performers are not permitted to leave the designated performance area and enter into areas accessible by patrons, or intermingle, co -mingle, or congregate within 12-feet of patrons. 13 of 14 OUTDOOR NON -SEATED VENUES • Patrons are not permitted to enter into the designated performance area. Performance -related demonstrations, exercises, and activities that involve interaction between performers and patrons that conflict with social -distancing practices are not permitted. 11. Incident Management Requirements ✓ Use ushers, monitors, and/or security personnel to monitor for and ensure adherence to requirements, including occupant capacity, social distancing and the use of face -coverings. ✓ Establish a protocol for reporting and addressing patrons who refuse to follow required protocols and protections (e.g. social distancing, face -coverings). ✓ Ensure incident -response procedures adhere to physical distancing and other protective measures (e.g. face -coverings, face -shields) whenever possible and reasonable. ✓ Ensure incident -response procedures are established and communicated to workers for following up and addressing COVID-19 related incidents (e.g. non-compliance, symptomatic persons). ✓ Train workers to report and respond to social -distancing challenges while carrying out their work - activities, and how to respond to difficult situations, unsafe conditions, and emergencies. ✓ First-Aid/Medical Areas: Establish a designated medical isolation area for workers and/or patrons who become sick or symptomatic consistent with COVID-19 while at the venue. Medical isolation areas for workers and/or patrons who become symptomatic during the venue must be separate from general First-Aid/Medical Areas. Access into medical isolation areas must be restricted. Recommendations • Establish a "Tip Line" (e.g. phone number) or provide an "app" that would allow workers and patrons to report concerns to management in a timely manner Mil MINNeSOTA 14 of 14 iilwater THE BIRTHPLACE OF MIMMESOTA 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: December 31, 2020 Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Frozen Flannel Outdoor Curling & modified mini spiel for 2020 Friday, February 12, 2021 1 pm 8pm Event Date/Time: Set up: Date Time to Actual Event: Date Saturday, Feb. 13, 2021 Time 9am to 9pm Clean up: Date Saturday, Feb. 13, 2021 if needed Time 9am to 9pm (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) 101 Water St S, Stillwater, MN 55082 Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) This year will mark the third year the event has been implemented. This year the City and local businesses have planned and implemented events and opportunities to support downtown business. The Frozen Flannel will be moving to a local ice rink downtown and modifying it's bonspiel for 2021. Smaller rink with 3 curling sheets to accommodate about 18 teams to play in a mini spiel. Smaller sheets, lighter stones and smaller target area. Allows for more teams to participate as the games will go quickly. Estimated Attendance (participants and spectators): up to 200 (open house style) which includes participants, \ Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Event Potential Mailing Address: 4161 Zarthan Ave S City, State, Zip Code: St. Louis Park, MN 55416 Primary Contact/Applicant Name: Michelle Margo Phone Number: Fax: Cell Phone: (612) 250-4701 Email Address: mmargo07@gmail.com Website Address: www.eventpotential.com Name of contact person during event: Michelle Margo Cell Phone: (612) 250-4701 Alternate contact during event: Mike Polhena Cell Phone: (651) 303-7569 Refer media or citizens inquires to: Mike Polhena/James Honsvall Phone: (651) 303-7569/(651) 295-1444 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 Will any signs/banners be put up No ■ Yes © Number and size: 1-2 banners 3 x 5 Will there be any inflatables? No F3 Yes ■ Insurance certificate from rental vendor is required Fees for electricity may Will there be entertainment? No © Yes ■ What type: apply see Instructions Will sound amplification be used? No ■ Yes © Hours and Type: only during announcements (rarely used) Will a stage or tent(s) be set up? No 0 Yes ■ Dimensions: Will there be temporary fencing? No F3 Yes ■ How many Fees for electricity may Will merchandise/food items be sold? No 01 Yes ■ vendors expected: apply see Instructions Will food be prepared on site? No 0 Yes ■ Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No 0 Yes ■ Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No © Yes ■ See Alcohol Regulations in the Instructions Will alcohol be sold? No ■ Yes © See Alcohol Regulations in the Instructions Will there be a fireworks display? No F4 Yes • Permit required, contact Stillwater Fire Department 651-351-4950 Describe power needs and location of power source. We will be using a gas generator - if we need power we can pull it off of the Water Street Inn Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available social media, Facebook site, flyers, press release, ads in curling clubs across state, USA curling ad, and MN curling event calendar. Additional advertising will be up to sponsors/businesses 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 • Yes E1 Start/End Time: 9pm-9pm Date: Feb.12 & 13, 2021 City Sidewalks or Trails No © Yes ■ Start/End Time: Date: Public Parking Lots or Spaces No ■ Yes 0 Start/End Time: 9pm-9pm Date: Feb. 12 & 13, 2021 Fees may apply Will event need barricade(s)? No ■ Yes ■ Number needed: 3 see Instructions Fees may apply Will extra picnic tables be needed? No ■ Yes 0 Number needed: 3 see Instructions Fees may apply Will portable restrooms be needed? No 0 Yes ■ Number needed: see Instructions Fees may apply Will extra trash receptacles be needed? No ■ Yes M Number needed: 2 see Instructions Describe trash removal and cleanup plan during and after event: We will keep the area clean and picked up and put in cans provided 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: Water Street Inn will provide pubic bathrooms (in the hotel) When there are events going on rink, The Water Street Inn will provide the ballroom area as a warming space and team meeting area - keeping in mind social distancing and mask wearing Fees may apply see Instructions Will "No Parking Signs" be needed? No M Yes ■ Number needed: Show location(s)onsite map Will event need security? No 0 Yes • If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No © Yes • Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: We will have a first aid kit on site - if more serious injury we will call 911 Describe the emergency action plan if severe weather should arise: If the weather turns and is extreme conditions all participants will be notified via email and social media that the event is canceled or postponed. If on site we will move into the Water Street Inn List any other pertinent information: Water Street Inn and Charlie's Irish Pub will provide the liquor insurance, liability, and serving of food and alcohol Event insurance will be purchased and the City, Water Street Inn, Charlie's Irish Pub and JX Event Services will be additional insured. 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, 1 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 is a release of Liability. December 31, 2020 Signature of Applicant or Authorized Agent Date y .r� Char ie's•ll Takeout 'Delivery', Map data .2020 , Map data ®2D20 United States Terms Send feedback 20 ft Rink Board System and Options ***Includes — delivery and full install and removal in spring Community Skating, curling & event rink - 40' x 100' • Iron Sleek Bright White Poly Board System Rink o 40" Boards All Sides and Ends o Polywhite boards o 6 mil white on white plastic liner — installed day of filling o Initial flood of rink using city fire hydrant - City water truck • Optional Netting site map and images not to scale • garbage cans • picnic tables • doors to enter/exit rink • parking lot barricades - keep out cars except event/ice maintenance vehicles o Puck Stop Netting System on Across Each End with Black Coated Steel Poles w/ Steel Braided Cable to keep all balls/pucks in play and provide for additional lighting • Ice Maintenance per Rink • Service Schedule Season approximately: Jan 15th to March (weather permitting) o Ice Maintenance Services (2 times per week average) o Snow removal of rink and entrance area beside rink o Flood coat treatment with Ice Resurfacer rake — Water must be accessible within 75ft of rink o Use Ice Edger to shave ice down to maintain proper ice level and evenness - when needed o IceTimeMN will remove snow days they are scheduled to arrive. A set schedule will be established. City responsible to remove snow on all other days as per there normal snow maintenance plan for streets. • Events to date: o January 29-31, 2021 - Stillwater Pond Hockey - the teams will play on the downtown rink and Lily Lake FIRE & ICE Event o February 13 (& possibly 14) - Frozen Flannel Outdoor Curling & Bonspiel o February 26-28 - WINTERFEST • Potential Opportunities: St. Croix Curling Center Sunday leagues, Boot Hockey and/or Broomball Tourney's Fenced I Barricaded Fenced / Barricaded Ulwater THE B I R T H PLACE CT MINNESOTA DATE: January 12, 2021 TO: Mayor Sr Council Members SUBJECT: Livable Communities Act status PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND On November 18, 2020 the Metropolitan Council approved a Comprehensive Plan Amendment to include the Central Commons annexation area in the 2040 Comprehensive Plan. However, a condition of approval was that in order to remain consistent with the Met Council regional policies, the City of Stillwater must update its affordable housing goal by adding 14 more units. The consequence for not adding the 14 units would be that the City would not be eligible for the Livable Communities Act (LCA) Program. In addition, by November 15, 2020 all cities in the Metropolitan Area were required to commit to reaching half of their affordable housing goals by 2020. The existing 2040 Comp Plans for each city only needed to meet their housing goals by 2030. And the number of affordable units was increased by the Met Council. If a commitment is not made to the adopt these changes, a city would lose eligibility for the LCA Program. Stillwater has not adopted these changes. Finally, effective June 1, 2021 if any city in the Metro Area has not adopted a Housing Action Plan (policy), it would become ineligible for the LCA Program. The City's Comprehensive Plan identified June of 2022 as the adoption date for a Housing Action Plan. In short, the City is not currently eligible for the LCA Program. COMMENTS Essentially, the LCA program is a Metropolitan Council program that makes grant funds available to cities for environmental clean-up on redevelopment sites, and for projects that would meet the criteria of several of the Met Council's housing and Transportation Oriented Development programs. The City only rarely requests LCA grants. The last time was for soils corrections on the MnDOT maintenance property that was redeveloped as the 501 N Main condominium project. 1. Central Commons Comprehensive Plan Amendment a. The Metropolitan Council set the minimum number of affordable housing units in Stillwater's 2040 Comprehensive Plan at 227. With the additional housing units possible on the Central Commons site, the Metropolitan Council increased the City's affordable unit number to 303. Of the 303 units, 262 are to be affordable by households making 50% or less of the area mean income (AMI). b. The existing Housing Chapter of Stillwater's 2040 Comp Plan shows the potential to meet all but 14 of the 303 units now required by the Met Council. Specifically, these 14 deficit units would need to be affordable to households making < 50% of AMI. Since the City is now in a deficit, Stillwater is no longer eligible for the LCA Program. 2. November 2020 housing goal increases a. Last spring and summer the Met Council re -assessed the regional need for affordable housing. And, as a result is requiring cities to increase their affordable housing obligations. b. The City of Stillwater's new housing goals have been increased from 227 by 2030 to those found below: Decade Affordable Housing Goal Life -cycle Housing Goal 2011-2020 2021-2030 151-233 230-650 125-227 300 c. This amounts to an increase from 227 by 2030 to a range of 276 — 460 by 2030. Of that total number, 151— 233 were to be by 2020. d. If a city does not meet the revised goals, it would be ineligible for LCA grants. So, Stillwater is currently ineligible. 3. Adoption of Housing Action Plan (policy) a. Along with the revised housing goals last year, the Met Council set June 1, 2021 as the date by which cities must adopt a Housing Action Plan/Policy. Or, be ineligible for LCA grants. b. The Stillwater Comp Plan sets June of 2022 as the date by which the City would adopt a Housing Policy. c. Establishing a Housing Action Plan/Policy will require the creation of an advisory committee and probably 6 to 8 months of work. In order to meet the goal adopted by the community in the 2040 Comp Plan, The Community Development Department's work plan places this work in the 2021/22 timeframe. REQUEST Staff requests the City Council to discuss the situation and direct staff to either: 1) pursue re -instating eligibility for the LCA program in 2021; or 2) continue with the work plan to adopt a Housing Action Plan in 2022 and pursue re- instating eligibility subsequent to that. RECOMMENDATION Since the City only rarely uses the LCA grant program, staff recommends the second option. bt attachments: Met Council letter November 25, 2020 Bill Turnblad, Community Development Director City of Stillwater 216 N 4th Street Stillwater, MN 55082 RE: City of Stillwater — Stillwater Planning Case 2020-21 Comprehensive Plan Amendment — Post Council Action Metropolitan Council Review File No. 22281-2 Metropolitan Council District No. 12 Dear Mr. Turnblad: At its meeting on November 18, 2020, the Metropolitan Council reviewed the City's Stillwater Planning Case 2020-21 Comprehensive Plan Amendment, based on the staff report (attached). The property is located at the southeast corner of Highway 36 and Manning Avenue. It guides 35.4 acres of land annexed from Stillwater Township as Highway Mixed Use, add this area to the Municipal Urban Service Area (MUSA), and adjust forecasts upward to respond to a development proposal. The Council found that the amendment conforms to the regional system plans for transportation, wastewater, and parks; is consistent with Thrive MSP 2040, however, is inconsistent with Council's housing policies and the City is therefore ineligible to participate in the Livable Communities Act programs; and is compatible with the plans of adjacent jurisdictions. Therefore, the City may place the amendment into effect. Please refer to additional advisory comments regarding Regional Parks and Housing contained in the Review Record. A copy of the staff report to the Council is attached for your records. The Council will append the amendment, submission form and supplemental information to the City's plan in the Council's files. If you have any questions, please contact Jake Reilly, Principal Reviewer at 651-602-1822. Sincerely, (i-ttef-Le 4-vtds- Angela R. Torres, AICP, Manager Local Planning Assistance Attachment CC: Tod Sherman, Development Reviews Coordinator, MnDOT Metro Francisco J. Gonzalez, Metropolitan Council District No. 12 Abbi Jo Wittman, City Planner, City of Stillwater Jake Reilly, Principal Reviewer Reviews Coordinator N:1CommDevILPAICommunities\StillwaterlLetters\Stillwater 2020 Stillwater Planning Case 2020-21 CPA Post Council Action 22281-2.docx 390 Robert Street North I Saint Paui, MN 55101-1805 P. 651.602.1000 TTY.651.291.0904 metrocouncii.org zc METROPOLITAN COUNCIL Washington -- County FYI BOARD AGENDA January 19, 2021 - 9:00 AM 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 video conference, 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. Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, Chair, District 5 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 administrationsn,co.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. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:20 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 January 5, 2021, County Board meeting minutes. B. Adopt a resolution for delegation of authority to make electronic funds transfers to the Director of Accounting and Finance Department or their designee. C. Approve the Sub -recipient Agreement No. 13909 between Washington County Community Services and the Washington County Community Development Agency for the period of January 1, 2021, through December 31, 2025, to continue the administration of the Community Development Block Grant (CDBG) and the HOME Investment Partnership. D. Approval to authorize the Human Resources Director to electronically submit the county's 2021 Pay Equity Report to the Minnesota Department of Management and Budget. E. Adopt a resolution for the Library to accept a donation from an anonymous donor in the amount of $30,000. 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 F. Adopt a resolution for the Library to accept a donation from the Washington County Library Partners in the amount of $1,003.95. G. Approve letter of support for City of Forest Lake's grant application for a new fishing pier at Shields Lake Park through the Department of Natural Resources Fishing Pier and Shore Fishing Area Program. H. Approval of Change Order No. 8 to Contract No. 12859 with Belair Builders Inc., in the amount of $28,505.18 for work on the Wildwood Library Project (BSD-WWL-001). I. Approve Change Order No. 5 to Contract No. 12923 with Neo Electrical Solutions, LLC, in the amount of $1,550.00 for work on Wildwood Library Project (BSD-WWL-001). J. 1. Approval of Change Order No. 4 to Contract No. 13382 in the amount of $24,949.95 with Valley Paving, Inc. for the County Road (CR) 75 and Grey Cloud Trail Resurfacing Project. 2. Approval of Change Order No. 8 to Contract No. 13382 in the amount of $16,093.05 with Valley Paving, Inc. for the County Road (CR) 75 and Grey Cloud Trail Resurfacing Project. K. Adopt a resolution authorizing the Washington County Sheriffs Office to enter into Mutual Aid Joint Powers Agreement No. 13750 with the Minnesota Department of Corrections, Minnesota Correctional Facility — Stillwater. 4. 9:20 Public Works - Don Theisen, Director A. Adopt a resolution for Washington County to update the overall project budget in the Funding Commitment to advance the METRO Gold Line Bus Rapid Transit project. 5. 9:55 General Administration - Kevin Corbid, County Administrator A. Accept a donation in the amount of $16,000 from HealthPartners. B. Discussion of Rice Creek Watershed District's request to remove a watershed district manager. C. Authorize permanent use of fund balance in the amount of $250,000 for continued COVID-19 pandemic related expenditures for technology and personal protective equipment & supplies. D. Adopt a resolution recognizing the Community Development Agency for 40 years of service to Washington County residents. 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 6. 10:40 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 10:55 Adjourn 9. 11:05 Board Workshop with Public Health & Environment A. Update on Septic Loan program. 10. 11:50 Personnel Committee 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