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2021-04-20 CC Agenda Packet
April 20, 2021 City Council Zoom 7 pm Meeting 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLEASE NOTE: City Council meetings are streamed live on the city website and available to view on Channel 16. Public can participate in the meeting by logging in online at www.zoomgov.com/join or by calling 1-646-828-7666 and enter the meeting ID number: 161 843 8759 Public comments can be emailed to stillwater@ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING April 20, 2021 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Proclamation – Stillwater High School Wrestler Roman Rogotzke 2. Proclamation – Stillwater High School Wrestler Hunter Lyden 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 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Community Development Director 8. City Clerk 9. City Attorney 10. City Administrator – 2020 City Annual Report 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. 11. April 6, 2021 regular and recessed meeting minutes 12. Payment of Bills 13. Charter Amendment regarding Administrative Citations – Ordinance 2nd Reading 14. CPC Case 2021-13 for a 6 lot Preliminary Plat and Rezone from AP to RB. Property located at 8483 Marylane Ave N. – Ordinance 2nd Reading 15. Municipal Dock Lease Renewal – Resolution 16. Nuisance Ordinance Repealing and Replacing Stillwater City Code Chapter 38 Section 22-10, 22-11, and 22-12 regarding Administrative Citations and Civil Penalties, Background Checks, and Administrative Offenses, Enacting Section 52-19 regarding Noise Control and Regulations, and Repealing Chapter 40 regarding Abandoned Vehicles – Ordinance 2nd Reading 17. Opera on the River 2021 Event 18. Seasonal Maintenance Worker I Compensation Adjustment – Resolution 19. Seasonal Parking Lot Attendant Compensation Adjustment – Resolution 20. Temporary Outdoor Sales Permits with Amendment to Liquor License – Resolution 21. Training Room Projector Purchase Request 22. Veterans Memorial Day 2021 Event 23. Temporary Easement for the Marketplace Lift Station Project Page 2 of 2 City Council Meeting Agenda April 20, 2021 VIII. PUBLIC HEARINGS – None IX. UNFINISHED BUSINESS 24. CPC Case 2020-60 request by Joel Hauck and 200 Chestnut Partners, LLC, for a Conditional Use Permit, associated variances and an appeal to HPC’s decision to not permit a 4th story on a proposed residential building in the Central Business Height Overlay Historic District at 200 Chestnut St E. – Tabled to May 4th Council meeting 25. Temporary Outdoor Sales Permit for No-Neck Tony’s with Amendment to Liquor License – Resolution X. NEW BUSINESS 26. St Croix Boat & Packet Dock Permit Renewal 27. Award Contract for Operational Review of IT – Resolution XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT City of Stillwater 2020 Annual Report Page 1 of 34 April 2021 CITY DEPARTMENTS Mayor & Council ............................................................................................................................................................................... 4 Administration .................................................................................................................................................................................. 6 Human Resources Department ............................................................................................................................................. 9 MIS Department ........................................................................................................................................................................ 11 Community Development .......................................................................................................................................................... 14 Planning Department .............................................................................................................................................................. 14 Building Inspections Department ...................................................................................................................................... 16 Engineering / Public Works ...................................................................................................................................................... 18 Engineering Department ....................................................................................................................................................... 19 Public Works Department ..................................................................................................................................................... 20 Finance ............................................................................................................................................................................................... 23 Fire ....................................................................................................................................................................................................... 25 Police................................................................................................................................................................................................... 29 Legal Services .................................................................................................................................................................................. 32 Page 2 of 34 April 2021 Citizens of Stillwater Mayor & Council Boards & Commissions Downtown Parking Commission Board of Water Commission (Water Department) Heritage Preservation Commission Charter Commission Human Rights Commission Joint Board Parks & Recreation Commission Joint Cable Commission Planning Commission Library Board of Trustees (Library) Traffic Safety Committee City Attorney City Administrator Treasurer Administration Human Resources Information Technology Community Develoment Building Inspections Engineering Public Works St Croix Recreation Center Finance Fire Police CITY OF STILLWATER ORGANIZATIONAL CHART (2020) Page 3 of 34 April 2021 Page 4 of 34 April 2021 Mayor & Council All City powers are vested in the City Council, except as otherwise specified by law or the Stillwater City Charter. The Council ensures all obligations and duties imposed on the City by law are implemented. Since the City Council exercises its authority or takes action as one body, individual members of Council cannot act on behalf of the City. The City Council is the policy making and legislative body. Council members approve the tax rate, adopt the budget and set the City’s vision. The Council provides leadership for the community by identifying issues or opportunities and then implementing goals and strategies to solve issues. Council members focus on City policies, the City vision, ordinances and intergovernmental affairs. Some examples: land use development, comprehensive planning, capital improvement projects and strategic planning. Ryan Collins Dave Junker Ted Kozlowski Tom Weidner Mike Polehna Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 89,941.00 $ 88,481.91 Services and Charges $ 75,302.00 $ 59,233.66 Miscellaneous $ 41,400.00 $ 29,766.42 Total $ 206,643.00 $ 177,481.99 Council Activities In response to the COVID-19 pandemic of 2020, the Stillwater City Council modified city policies and operational procedures to ensure the health and safety of community members and staff while providing continuity of city services. The City Council closed City Hall and other facilities, City Council, Boards & Commissions meetings were conducted via interactive technology and staff teleworking options were implemented in various departments. The Council also approved legislation that allowed temporary outdoor sales options for businesses, approved liquor license rebates, eliminated utility bill late fees, eliminated parking fees, approved a COVID-19 Preparedness Plan for the City following Minnesota Public Health guidelines, and approved the allocation of federal CARES Act funds Voters Council member Ward 1 Council member Ward 2 Mayor Council member Ward 3 Council member Ward 4 Page 5 of 34 April 2021 pursuant to Treasury Department standards. In addition, the City Council reduced the 2020 capital improvement budget in response to potential revenue impacts from the COVID-19 pandemic. The City Council adopted the 2021 City budget, conducted 27 Council meetings, adopted 129 resolutions and enacted 20 ordinances. The City Council also adopted a historic amendment to the City Charter, transitioning the Board of Water Commissioners, which had existed for over 100 years, to a Utilities Commission and integrating the Water Department staff into the City Public Works Department. City Council members are appointed annually as a liaison to a board or commission to facilitate communication and interaction between the Council, internal advisory bodies and other governmental and non-profit organizations. A liaison enhances communication between the City Council and other organizations. Liaison members serve only for communication purposes and do not have any authority to vote, unless specifically designated by ordinance. BOARD/COMMISSION COUNCIL MEMBER Convention & Visitors Bureau Council member Polehna Downtown Parking Council member Junker Fire Relief Association Council member Weidner Council member Polehna Heritage Preservation Council member Junker Human Rights Council member Polehna Joint Board Mayor Kozlowski Council member Weidner Joint Cable Council member Weidner Library Board Council member Collins Middle St. Croix Watershed Management Council member Collins Alternate: Councilmember Polehna Parks & Recreation Council member Polehna Planning Council member Collins Board of Water Commissions Council member Polehna Page 6 of 34 April 2021 Administration Mission The City Administration Department implements official policies of the Mayor and City Council by coordinating City services to meet the needs of all who live, work, and play in the City of Stillwater. The professional staff provides support, guidance, communications and leadership to assure that quality municipal services are provided to the members of our community. Department Organization Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. ADMINISTRATION Description Appropriation Actual Personnel Services $ 442,800.00 $ 445,445.42 Supplies $ 17,893.02 $ 3,826.58 Services and Charges $ 185,850.00 $ 162,385.62 Miscellaneous $ 4,000.00 $ 2,886.65 Total $ 650,543.02 $ 614,544.27 ELECTIONS Description Appropriation Actual Personnel Services $ 34,000.00 $ 35,432.10 Supplies $ 3,000.00 $ 948.17 Services and Charges $ 9,392.00 $ 9,347.43 Miscellaneous $ 0.00 $ 846.23 Total $ 46,392.00 $ 46,573.93 PLANT/CITY HALL Description Appropriation Actual Personnel Services $ 115,670.00 $ 116,062.18 Supplies $ 20,733.00 $ 45,653.71 Services and Charges $ 184,949.00 $ 142,161.33 Miscellaneous $ 1,500.00 $ 5,901.41 Total $ 322,852.00 $ 309,778.63 City Administrator (1 FTE) City Clerk (1 FTE) Administrative Assistant* (2 FTE) Facilities Manager (1 FTE) Human Resources Manager (1 FTE) Human Resources Specialist (1 FTE) Information Systems Manager (1 FTE) MIS Specialist (1 FTE) IS Technician** (1 FTE) Fund FTE Administration 4.75 Human Resources* 2.15 Library** .30 MIS 2.70 Parking* .10 Page 7 of 34 April 2021 SPECIAL EVENTS Description Appropriation Actual Services and Charges $ 2,800.00 $ 165.00 Miscellaneous $ 79,000.00 $ 45,230.00 Total $ 75,800.00 $ 45,395.00 Program Descriptions & Goals The Administration Department is responsible for the following functions: respond to inquiries and requests of the City Council, oversee department heads and ensure departments coordinate work towards common city goals, provide administrative services to departments, outside agencies, and the public, complete activities not under the responsibility of other departments, and support communications and information to City Council and the organization. In addition, the department includes the City Clerk, Facilities Management, Human Resources and Information Technology divisions. Provide staff support to the Mayor and City Council; provide thorough and objective analysis of issues, including recommended courses of action Prepare and submit an annual proposed budget and capital programs to the City Council Ensure that all departments achieve their program objectives while adhering to City policies and maintaining appropriate management procedures Oversee the timely completion of major projects & community capital/park improvements Develop City-wide strategies to guide the City's long-range development Develop and administer services and assure transparency of Stillwater’s conduct of business operations Coordinate the retention and distribution of City records (paper and electronic) Program Accomplishments and Results, Special Awards, Recognitions The Administration Department’s 2020 activities were all tempered by the challenge of responding to the impacts of COVID-19 Pandemic. Beginning in mid-March of 2020, City facilities were closed to the public, City Council, Boards and Commissions meetings were conducted via Zoom technology, city service provision were modified as necessary to allow for electronic transactions, and some city staff utilized teleworking technology. Public Safety and Public Works staff continued to provide direct services to the community. The City developed COVID-19 Preparedness Plans to keep community members and staff safe and healthy, developed plans to assist community members and businesses in dealing with financial impacts of the pandemic, and staff provided the City Council with recommendations for allocation of the federal CARES Act funds. And during the pandemic response planning the Administration Department assisted with scheduling the annual City Council & management staff strategic planning workshop; providing general City management*; support for development of alternatives for planning for events that were cancelled due to the Pandemic; developed plans to assist voters to vote in person while maintain safety for judges and other voters, supporting operational and project needs for City facilities; development of 2021 budget guidelines and budget proposals (in conjunction with the Finance Director); and development of a Capital Improvement Program. Assisted with development of the City COVID-19 Preparedness Plan.* Worked with IT to switch all Council, Boards and Commissions meetings to virtual so staff, commission members and the public could safely attend. Created a planning team to assist with transition of Board of Water Commissioners to Utilities Commission and integration of the water department with the public works department through City Charter and city ordinance amendments. * Assisted with development of the City’s submittal of a report for participation in the State Performance Management Program – utilizing the POLCO on-line survey tool to assist in gathering data. * Facilitated management of the St. Croix Valley Recreation Dome Replacement project. Assisted with convening of labor-management insurance work group regular meetings. Assisted the Mayor & Council, staff, Chamber of Commerce and downtown businesses with Wintertime in Stillwater events to position Stillwater as a year round destination.* Facilitated staff and consultants’ development of Medicare supplement plans to reduce city cost of retiree health insurance while maintaining city obligations to retirees. Page 8 of 34 April 2021 Conducted 3 secure elections under pandemic constraints; the Presidential Primary Election on March 3, Regular Primary Election on August 11 and the General Election on November 3, 2020. Successfully hired and trained 114 judges and 10 staff to use new electronic election equipment (poll pads) and implement pandemic safety standards. Assisted with recruitment and selection process for filling Police Chief position vacancy (due to retirement) Assisted Community Development with issuance of Temporary outdoor sales options for businesses. Issued the city’s first Microdistillery liquor license and assited 3 new businesses with tobacco and liquor licesning. Assisted HR Manager with negotiations of six labor contracts for 2021-2022. Facilitated discussion and actions of City Council for acquisition of Shorty’s Cleaners property. Initiated comprehensive TIF analysis with financial consultant Baker Tilly. Coordinated actions with city departments and City Council in management of problem properties. Initiated Dome and field turf replacement project at the St. Croix Valley Recreation Center. Assisted with 2020 St. Croix River Flood mitigation activities. Manage city energy efficiency project with Ameresco. Moderated Council and several Boards and Commission meetings held virtually. Facilitated conversations with State Legislators regarding state bonding support for Hwy 36/Manning Ave Interchange Project.* Collaborated with Greater Stillwater Area Chamber of Commerce on Leadership in the Valley program. Updated and implemented over 20 City ordinances. Successfully developed and delivered three City newsletters in full color. Oversee creation and publication of new City website content to apprise the community of City News and become ADA compliant. Continued digitizing city records. Arranged and conducted virtual boards and commissions interviews due to pandemic. Created, published and delivered over 250 New Resident Guides. Assisted Community Development with issuance of RFP’s for plan, design and construction of Chestnut Street Plaza.* *Notation: City Strategic Plan Element Future Challenges and Opportunities The City of Stillwater will continue to be challenged with budget constraints driven by economic downturn and recovery from COVID-19 pandemic impacts, increasing operational costs, infrastructure maintenance (city streets, sidewalks, infrastructure, technology, and deferred facility maintenance), appropriate staffing levels, and managing health care costs. The City Council and senior management staff will conduct a strategic plan workshop in 2021 to review and update the City’s Strategic Plan goals and action items, including city branding and logo considerations. Future opportunities and challenges exist for: recovery and budget impacts from COVID-19 pandemic responses, greater inter & intra governmental collaboration and operational efficiencies; final design for Chestnut Street pedestrian plaza between Main Street and the Lift Bridge; initiate implementation of Lumberjack Landing Park master plan elements; continued review of departmental operations for process improvements; updates to the City Emergency Operations Plan and Continuity of Operations Plan; construction of the St. Croix Riverbank and Integrated Walkway project; and continued development of succession planning strategies for city departments. Program Output Indicators 2016 2017 2018 2019 2020 Data Practices Requests 4 3 26 36 40 Liquor & Tobacco Licenses Issued 114 139 117 127 121 Temporary Liquor Licenses Issued 9 16 14 11 2 Gambling Licenses Approved 12 17 19 18 18 Events Permits Reviewed and Issued 41 41 30 38 7 Page 9 of 34 April 2021 Human Resources Department The Human Resources Department provides programs and services such as workforce planning, classification, compensation and benefits, recruitment and assessment, policy, labor relations, development, risk management and wellbeing. The department reports to the City Administrator, and is comprised of one full time Human Resources Manager and one Human Resources Specialist Confidential. Partial allocation of Payroll staff wages are also included in this budget. Mission To improve people’s lives, in service to the valley community. Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 222,169.00 $ 211,089.53 Supplies $ 650.00 $ 36.24 Services and Charges $ 42,906.00 $ 40,159.17 Miscellaneous $ 2.100.00 $ 4,671.71 Total $ 267,825.00 $ 255,956.65 Program Descriptions & Goals The department is responsible for a broad range of functions including labor relations, classification, compensation, benefits administration, policy and procedure, training and employee development, human resource records and systems management, performance management, strategic planning and wellness initiatives. Human Resources serves as an advisor to the City Administrator and various other departments on all personnel matters in the City. The department also provides Human Resource (HR) consulting services to the Library and the Water Board as requested. Goals for 2020 were: Identify options for retired city employees specific to city-provided health insurance Participate as an active member of the Program Outcomes Measurement Team Recruit key leadership positions inclusive of planned retirements Organize and facilitate risk management/safety committee Negotiate and settle six collective bargaining agreements Value city employees – create professional development opportunities, succession planning and expand employee orientation programs Program Accomplishments and Results, Special Awards, Recognitions Human Resources is pleased to report on significant accomplishments and the ongoing commitment of strategic priorities. The City’s traditional method of HR service delivery changed in 2020 following the onset of the coronavirus pandemic. Many experts dubbed the crisis “the big acceleration” because it evolved existing HR practices and policies at such a rapid pace. On March 11, 2020, the World Health Organization declared the global pandemic. The way staff communicate quickly changed to virtual collaboration. Employees could communicate human-to-human in addition to e-mail and telephone via Zoom and Microsoft Teams. Everyone approached the need to minimize the physical presence in his or her offices via flexible work schedules and work shift rotation. The pandemic fueled a fundamental shift in the talent acquisition process. The City’s employment opportunities site experienced 15,000 site visits in 2020; 384 people applied for open positions. The City increased its use of virtual interviews both internally and externally inclusive of interview panels and applicants. Page 10 of 34 April 2021 The following positions were filled: Interim Police Chief Maintenance Worker II Mechanic Parks Superintendent Administrative Technician – Limited Term Police Sergeant Police Chief Patrol Officer Natural Resources Technician Seasonal Community Services Officer Police Data Specialist Seasonal Maintenance Worker Human Resources Specialist Confidential Human Resources served as a convener for two labor management committees who met virtually and on a regular basis. They are the Insurance Work Group, and a Public Works Labor Management committee. The City’s Insurance Work Group settled plan design changes specific to 2021 insurance and premiums in advance of the collective bargaining process. All employees benefitted from a smoother transition during open enrollment. Human Resources actively engaged as part of the City’s Public W orks and Board of Water Commissioners Transition Team. Areas of strategic importance included engagement with the Local 49 unions and representatives, Labor/Management meetings, open enrollment options for employees within the transition, position description and job analysis review, and worker’s compensation insurance renewal and programming inclusive of the water utility staff. The City met 12 times with the labor unions to engage in the collective bargaining process for 2021-2022 and four of six agreements were ratified. The settled agreements included two-year contracts, a general wage increase, an increased employer health insurance contribution toward premium and other wage and benefit changes. The City’s wellness programming offers an annual incentive, onsite education sessions, preventive screenings, wellness challenges, and more. With programming input from the City’s Worksite Wellbeing Committee, the City delivered biometrics screening to 42 employees, hosted 10 educational opportunities, a blood drive, and an onsite flu shot clinic. Virtual programming was delivered electronically via Zoom, and onsite initiatives were aligned with the required COVID-19 hand sanitizing, social distancing and wearing of facial coverings. The program enjoyed record participation. The City provided its employees with key information to stay healthy and safe, communicated regular updates, and engaged its Employee Assistance Programming so that families experiencing an increase in stress and other related wellbeing issues could seek support. The City’s Human Resources staff worked with City Administration to author a pandemic planning document, and engaged with 35 employees who were required to take medical leave in 2020 due to COVID-19 related criterion. In October 2020, City Council approved an ordinance amending Ordinance 844 regarding hospital/medical insurance for a closed pool of retired city employees. Prior to and following the amendment, HR communicated in writing and by telephone with 72 people eligible for city-paid health insurance under the ordinance. Going forward, the City will provide coverage to this closed pool of individuals to be coordinated with the benefits provided through Medicare. The City became a Blue Cross Blue Shield Medicare Sr. Gold and Medicare BlueRx group provider, and retirees and their dependents over the age of 65 will transition to these new top-notch supplement and prescription drug plans in tandem with their Medicare Parts A and B coverage. The financial impact of this move will generate a significant savings to city taxpayers. Employee training opportunities offered to City staff included: Pathways to Financial Wellbeing COVID-19 Pandemic Continuity of Operations Safe Work Environment (AWAIR, EAP, Bloodborne Pathogens, Hazardous Materials, Ergonomics and Fire Extinguishing) Supervision Fundamentals: Hosted for the region, five sessions held and completed by 22 leaders Unconscious Bias Page 11 of 34 April 2021 Future Challenges and Opportunities Goals for the upcoming year include: Negotiate and settle remaining 2021-2022 collective bargaining agreements Implement Medicare options for Retiree Health Insurance Facilitate staff training for respectful workplace, supervision fundamentals, safety, and for community issues (homelessness, mental crisis, drugs, dementia) HR Strategy: Value city employees – create a culture of excellence where employees live the City’s values of Respect, Integrity, Trust, Quality, and Competence; promote professional development opportunities, develop bench talent relative to succession planning and expand employee orientation programs COVID-19 pandemic planning, improved employee benefits, wellbeing, collective bargaining, retiree health insurance, and workforce department mergers were some of the highlights of 2020 having occurred in addition to the regular operational requirements. HR worked to professionally shape the most important part of the service – the people, and looks forward to future progress aligned with the City’s strategic plan. Program Output Indicators 2017 2018 2019 2020 Recruitments – Permanent Positions 10 14 12 9 Recruitments – Seasonal Positions 29 26 25 4 Number of job applications received 543 421 352 384 Number of background checks completed 57 67 46 25 Employee Count – Full Time Equivalency 93.75 94.75 99 102.75 Annual Turnover Rate (Vacancies/FTE) 11% 15% 12% 9% MIS Department The MIS Department is an integral part of the City. Our team consists of three full time employees, IS Manager, MIS Specialist and an IS Technician. Staff is responsible for the information technology needs of all City buildings including City Hall, Police, Fire, Public Works, St. Croix Valley Recreation Center, Lily Lake Ice Arena, Stillwater Public Library, and the Water Department. In addition, we provide support for the Stillwater Parking Ramp and City owned parks. Staff is on call 24/7/365 on a rotating shift. Mission MIS provides the tools to organize, evaluate and efficiently manage departments within the City by using secure, reliable, and integrated technology solutions in alignment with administrative goals, while delivering excellence in customer service. In support of this mission, we will: Collaborate with City managers to understand the information technology needs Provide leadership and planning for the effective, dependable and strategic use of emerging technologies Demonstrate technical and operational excellence through a commitment to professionalism and continuous improvement Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 307,330.00 $ 305,586.29 Supplies $ 7,000.00 $ 10,833.04 Services and Charges $ 71,892.00 $ 64,585.88 Miscellaneous $ 0.00 $ 32.11 Total $ 386,222.00 $ 381,037.32 Page 12 of 34 April 2021 Program Descriptions & Goals The goal is to provide vision and leadership, deliver timely and effective responses, provide reliable, usable information systems, and commit to developing and maintaining technically skilled staff. The MIS Department provides users with the following services. IS Infrastructure - install, maintain and keep up-to-date hardware and software components, cabling and all other equipment necessary to make the information technology systems function according to the established needs of the City. Network design, administration, and monitoring to keep the system working properly. This also includes wireless networks, security cameras and key card entry systems. IS Functionality – researching and maintaining operational applications, develo ping, securing, storing and backing up electronic data that belongs to the City, and assisting in the use of software and data management by all areas of the organization. IS Support – configure, deploy, maintain, troubleshoot and support computer workstations, laptops, printers, mobile devices, software, and other computer and telecommunications devices. Diagnose and resolve problems associated with information technology. Inventory and document hardware and software. Train and assist users. IS Governance – establish and manage the selection, funding and prioritization of information technology. Develop and maintain network security, data protection, policy, and compliance. Website/Social Media – creating and maintaining the website and social media presence to meet the needs of the City and the community. Program Accomplishments and Results, Special Awards, Recognitions During 2020, the MIS Department completed the following tasks. Maintained 249 PC’s and Laptops Maintained 55 printers (workgroup printers, receipt printers and Dymo label printers) Maintained 10 copiers Supported 184 video cameras (city facilities, squad cars, interview rooms, and body cameras) Upgraded and supported 5 video storage servers Monitored 49 wireless access points, Supported 375 TB of server storage, 63 TB of PC support and over 100 software applications Provided technical support to the Stillwater Water Board Monitored 96 mobile devices (smartphones, tablets), 167 desk phones and 30 soft phones (VPN) Supported 24 switches, 5 firewalls, 3 hosts and 2 SAN’s Maintain 73 keycard readers, upgrading 14 to support more secure technology Performed daily maintenance, troubleshooting and monitoring the City’s network to ensure it functions smoothly. In addition, with the onset of the pandemic, MIS quickly created a VPN that would allow users to work from home. We purchased and/or reimaged approximately 40 laptops and educated users on how to safely work remotely. Soft phones were set up so that office phones could ring on virtual desktops and be answered through the VPN. We upgraded the equipment in conference rooms in the Fire Department, Public Works, and the Police Department so that virtual meetings could be utilized. A complete upgrade of AV equipment for the Council Chambers was completed. MIS also worked with the Council, Boards and Commissions and City staff to switch all meetings to virtual so that members and the public could safely attend. All of this was done while also widening our scope of support to help those now working remotely to troubleshoot ISP, hardware and software issues in this new virtual environment and still complete our regular work plan for 2020. Equally as important in 2020, several servers were replaced and the Exchange and Milestone servers were upgraded. A major cabling project was completed at the St. Croix Valley Recreation Center (SCVRC) which cabled the building for new cameras, access points and key card readers. The front doors were replaced and cabled for key card readers. The SCVRC project also involved a server upgrade along with other network equipment. Wireless access at the Stillwater Library was upgraded to increase availability to the public. The computers for the self- checks at the Library were replaced and work was completed to assist the Library with converting programs to virtual to accommodate for the pandemic. Construction at the Public Works building for the new Parks manager included work to move and re-cable several workstations and set up the new office. The new website was Page 13 of 34 April 2021 completed and published. Several cameras were replaced at City Hall and a major project was begun to upgrade the licensing that will be completed in 2021. Future Challenges and Opportunities The role of IT is shifting and staff has become increasingly responsible for a more integrated approach to overall strategy and operations. Some of the issues are: Protecting and educating users against increased cybersecurity threats Hybrid workforce, return to work and virtual security Managing data security GIS support, assistance and organization Managing IT governance (risk, performance, strategic alignment, value) Page 14 of 34 April 2021 Community Development Mission To provide the community with a quality living environment and quality public services and facilities while protecting cultural, historical and natural resources through fair and open government, care planning, effective management and efficient fiscal policy. Department Organization Planning Department Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 407,515.00 $ 408,117.73 Supplies $ 1,050.00 $ 746.24 Services and Charges $ 34,675.00 $ 83,078.82 Miscellaneous $ 7,400.00 $ 4,593.44 Total $ 450,640.00 $ 496,536.23 Program Descriptions & Goals Long range planning o Comprehensive Plan development and maintenance o Park plan development o Neighborhood plan development o Municipal facilities plan development and construction Current planning o Land use case management Community Development Director (1 FTE) Building Inspections Building Official (1 FTE) Building Inspector (1 FTE) Asst. Building Inspector (1 FTE) Permit Technician (1 FTE) Planning Department City Planner (1 FTE) Zoning Administrator (1 FTE) Administrative Assistant (1 FTE) Page 15 of 34 April 2021 Manage case load and projects for Planning Commission, Heritage Preservation Commission and Downtown Parking Commission Manage case load and project management for Park Commission when park and trail development is concerned Manage case load and project management for City Council when Community Development Department matters are concerned o Short term home rental program Manage licensing program for Short Term Home Rental properties o Ordinance development As needed research and develop zoning and related land use ordinances o Historic preservation grant writing, studies and land use related projects o Economic development o Sustainability initiatives Land use code enforcement Program Accomplishments and Results, Special Awards, Recognitions Completed Master Park Plan for former Aiple property north of Downtown Completed Lowell Park Pavilion Historic Structure Assessment Updated Heritage Preservation Commission enabling ordinances and demolition review State Historic Preservation Office approval of the Riverwalk design City Planner attended National Alliance of Preservation Commissions Conference City Planner attended Stillwater Area Chamber’s Leadership in the Valley program City Planner participated in County’s Bike+Ped Plan Technical Advisory Committee COVID-19 Outside Seating Area permit program development and permit issuance Administrative Assistant completed first wave of renewal licensing for the Short Term Home Rental program Completed public engagement and first design concepts for the Chestnut Street Plaza Completed Downtown Parking Capacity Study Replaced mechanical revenue equipment in parking ramp with on-line payment system Zoning Administrator implemented code enforcement tracking system; 126 of 128 new cases were resolved/closed. Future Challenges and Opportunities Final design and construct of the Chestnut Street Plaza Develop implementation strategies for 2040 Comprehensive Plan, including Downtown improvements, affordable housing initiatives, GreenStep Cities best practices, etc. Update Zoning Code and Zoning Map to be consistent with 2040 Comprehensive Plan Develop business plan for Bridgeview Park’s historic buildings (Bergstein warehouse and shoddy mill) Integration of cultural resource review in public improvement projects Intra-departmental Capital Improvement Program management State Historic Preservation Conference planning Coordination of the assessment and update of natural resource protection regulations Balancing expectations of advocacy groups such as Sustainable Stillwater with available resources 61 90 58 90 106 103 86 87 73 59 58 54 42 49 36 40 41 66 82 87 86 73 27 46 54 58 90 74 28 55 51 57 44 49 61 50 62 45 53 30 40 35 31 35 0 50 100 150 200 250 1999200020012002200320042005200620072008200920102011201220132014201520162017201820192020 Annual Planning Cases Series2Planning Cases ‐ blue HPC Cases ‐ Page 16 of 34 April 2021 Building Inspections Department Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 405,456.00 $ 362,845.84 Supplies $ 8,600.00 $ 2,564.49 Services and Charges $ 56,468.00 $ 80,413.00 Miscellaneous $ 1,250.00 $ 1,424.02 Total $ 471,774.00 $ 447,247.35 Program Descriptions & Goals Administer the Minnesota Codes (Building, Residential, Mechanical, Fuel Gas, Plumbing, Energy, Accessibility, Conservation Code for Existing Buildings) Construction consultation with owners, contractors, and designers Perform Building plan reviews Conduct building, plumbing and mechanical inspections Short term home rental inspections Keep current with new building materials and methods introduced to the industry Program Accomplishments and Results, Special Awards, Recognitions Adoption of the 2020 code cycle Continuing education Completed the 2 and 4 unit buildings at Lakes of Stillwater Assistant Inspector Dan Lentz passed state exam and obtained full licensure First round of Short Term Home Rental renewal inspections (vacation rental program) Revise Short Term Home Rental program requirements and inspection process to incorporate new regulations in the 2020 Building Code Page 17 of 34 April 2021 Future Challenges and Opportunities Become involved earlier in the development process to identify building code design issues Digitize all street address files Continue improving turnaround times with new tracking system, weekly inter-departmental huddles, and proactive customer communication Continue to mentor & train newer staff members Educate owners, contractor, designers and consultants on new codes Promote Dan Lentz to Building Inspector upon completing two years of employment. Adopt 2020 Plumbing Code in 2021. Program Output Indicators Target building permit turnaround times: Overall Building Planning Engineering Residential 14 days 7 days 3 days 3 days Commercial 20 days 20 days 3 days 3 days Yearly building permit turnaround times: 2018 Overall Building Planning Engineering Residential 9.15 7.25 3.78 4.1 Commercial 12.73 4.7 8 2019 Residential 12.95 11.95 4.62 7.43 Commercial 31.12 21.41 6.67 2020 Residential 11.47 5.2 2.46 6.95 Commercial 29.7 8.73 2.84 1 Page 18 of 34 April 2021 Public Works Director (1 FTE) Engineering Department Assistant City Engineer (1 FTE) Engineering Technician IV (1 FTE) Engineering Technician III (1 FTE) Natural Resouces Technician (1 FTE) Administrative Assistant (1 FTE) Public Works Department Parks Division * Streets Division * Utilities Division Public Works Superintendent (1 FTE) Asst Public Works Superintendent (1 FTE each) Lead Worker (4 FTE) Maintenance Worker IV (5 FTE) Maintenance Worker III (5 FTE) Maintenance Worker II (3 FTE) Maintenance Worker I (10 Seasonal) Engineering / Public Works Mission To provide the Stillwater community with essential services in a safe, reliable, and environmentally responsible manner, placing a high value on quality and teamwork. Department Organization The Public Works Director who works directly for the City Council and the City Administrator heads the Public Works Department. The Public Works Department is divided into two departments: Public Works and Engineering. A reorganization of the Department was approved in 2020 that created three divisions within Public Works; Streets, Parks, and Utilities. The Street division will include storm sewer, and signs and lighting and fleet maintenance responsibilities. The Parks division will be responsible for parks maintenance and organize special events. The Utilities division includes sanitary sewer and in 2021 include the water distribution responsibilities from the former Board of Water Commissioners. All the departments within the Public Works Department work together to coordinate services, provide quality customer service, and ensure the infrastructure is reliable, efficient and done in a cost effective manner. Overall the Public Works Department consists of 26 full-time employees in Public Works: 4 in Administration, 17 assigned to Public Works, and 5 in Engineering. Annual hiring of 10-12 summer seasonal employees assist in each of the departments. Personnel costs are funded from the General Fund, (Streets and Engineering), Enterprise Funds, (Sanitary Sewer, Storm Sewer, Signs and Lighting) and Revenue Funds (Parks). The Public Works Department is fortunate to have experienced staff that is very knowledgeable and skilled in their jobs. At the end of 2020, the length of employment with the City for full-time employees ranges from 0.25 to 23 years, with 10 years of average of experience. Mike Kuehn retired after 20 years with the City. In 2020, three new employees were added, Dan Radke was hired in the Parks division and Chase Freindt was hired as a mechanic. Taylor Stockert was hired as the City’s Natural Resources Technician. His duties include forestry, invasive species and erosion control. Fund FTE Engineering 3.25 Streets 6.75 Parks 6.25 Sewer 3.75 Storm Sewer 1.90 Surface Water 2.30 Lighting .80 Page 19 of 34 April 2021 Engineering Department The objective of the Engineering Department is to insure that the City’s infrastructure is kept in working order and rehabilitated in a cost effective manner. The department is responsible for planning, design, and construction of all municipal infrastructure, mapping, surveying, as-built records management, right-of-way management and permitting, pavement and storm water management, grading and utility permits, coordinating projects with other government agencies, and activities associated with park planning and building facilities. Budget Update (Unaudited – General Fund Budget Departments Only) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 383,984.00 $ 359,026.03 Supplies $ 4,200.00 $ 2,423.14 Services and Charges $ 22,354.00 $ 31,849.56 Miscellaneous $ 2,000.00 $ 1,437.75 Total $ 412,538.00 $ 394,736.48 Program Accomplishments and Results, Special Awards, Recognitions Improved 4.2 miles of streets as part of the 2020 Street Improvement Project and the Neal Avenue Street Project Continued to work with AMI Consulting for the design of St. Croix River Shoreline Stabilization and Riverwalk Project Issued 62 right-of ways permits, 23 Obstruction Permits and 2 grading permits. Update Street and Utility Maps on GIS. Conduct MS4 Annual Meeting. Weekly erosion control inspections for developments. Develop 5 Year Capital Improvement Plan. Plan and develop street and utility extension for the southwest corner of the City. Completed Downtown Street Light Study and ADA Transition Plan. Presented state of city streets and create a five 5-year street improvement plan. Participated in planning Downtown Winter Events Intergovernmental Projects The Director of Public Works/City Engineer spent time coordinating and planning with Washington County, MnDOT, Browns Creek Watershed District and Middle St. Croix Water Management Organization for various projects affecting Stillwater and its infrastructure. The following is a list of projects and activities that were contributed to in 2020. County Road 5 Pedestrian Safety Improvement Phase III (design) TH 36 and Manning Interchange Project (preliminary design) Lily Lake Drainage Project Long Lake Study Future Challenges and Opportunities Complete annual Street Improvement Project in a timely and efficient manner Complete Neal Avenue Construction Project Begin construction of the St. Croix Riverwalk and Riverbank Stabilization Project Complete St. Croix Valley Rec Center Parking Lot Pavement Rehabilitation Update 5-year CIP Implementation of Lumberjack Landing Master Plan Update GIS System and Beehive Assess Management system Downtown Parking Lot Improvements Page 20 of 34 April 2021 Assist in the planning and design of the Chestnut Street Plaza Continue development and study of southwest area street and utility extension Preliminary planning for 72nd Street upgrade and trail project Public Works Department The City of Stillwater Public Works Department is responsible for the reliable and the long-term operation, maintenance, repair, improvement and management of all City infrastructure. Public works staff provides its residents and businesses with clear passage of streets and trails, safe collection of wastewater, reliable flood protection, beautiful parks, fields and recreational facilities. Budget Update (Unaudited – General Fund Budget Departments Only) STREETS Description Appropriation Actual Personnel Services $ 689,884.00 $ 679,830.33 Supplies $ 280,500.00 $ 277,932.29 Services and Charges $ 244,190.00 $ 187,770.25 Miscellaneous $ 20,300.00 $ 17,481.50 Total $ 1,234,874.00 $ 1,163,014.37 PARKS Description Appropriation Actual Personnel Services $ 668,243.00 $ 568,995.08 Supplies $ 119,700.00 $ 103,625.29 Services and Charges $ 218,063.00 $ 167,704.46 Miscellaneous $ 41,300.00 $ 48,455.73 Total $ 1,047,306.00 $ 888,780.56 Program Accomplishments and Results, Special Awards, Recognitions Developed 5-year Capital Improvement Plan Employee Training Implemented new Asset Management System Upgraded Greeley Street Lift Station Assisted in completing the Public Works Operational Review Hired Natural Resources Technician Program Descriptions & Goals Parks Division The main objective of the Parks Division is to maintain and operate the parks in such a way as to promote recreation and leisure opportunities for Stillwater residents. Stillwater’s Park System includes 40 parks, covering 624 acres, 26 miles of trails, 18 playground areas, 13 ballfields, 12 tennis courts, and 6 bathroom facilities. Activities required in meeting this objective include mowing, prep ballfields, trash pickup, maintain turf, inspect park infrastructure, maintain bathrooms, plow trails, setup and take down special events. The Parks Division also runs the Parks and Recreation Commission meetings. Street Division The Street Division’s is responsible for the streets, storm sewer, signs and lighting and fleet in the City. Streets: The Street Department includes the repair and maintenance of the City’s 96-mile street network so they are safe for the public. Activities include snow and ice control in the winter months, road maintenance repairs and Page 21 of 34 April 2021 tree trimming in the summer months. Other work includes trim boulevard trees, crack sealing, seal coating, painting crosswalks and pavement markings. Storm Sewer: The Storm Sewer Department is responsible for the maintenance and operation of the City’s storm sewer system to insure minimal flooding during the storm events and to minimize the impact of storm water runoff to the environment. The City’s storm system consists of 80 miles of storm sewer, 3,200 storm drains/manholes, 1 lift station, 140 ponds and 101 wetlands. As part of the City’s MS4 permit, the City annually inspects and performs necessary repairs on 25% of the City’s storm ponds and wetlands. Signs and Lighting: The main objective of the Signs and Lighting Division is to maintain and operate signs, lighting and signals to ensure roadway safety for the public. The City has 3,599 traffic signs, 1,020 street name signs and 1,643 street lights. The department is in the sixth year of a 10-year plan to replace all traffic and street name signs to meet the FHWA requirement for retro–reflectivity. Fleet: The department is responsible for the repairs of over 110 pieces of equipment ranging from lawn trimmers to tandem axle plow trucks as well assisting other city departments with their vehicle maintenance. Utilities Division The main objective of the sanitary sewer department is to insure uninterrupted operation of the City’s wastewater collection system. The department maintains 92 miles of sanitary main, 14 lift stations, and 2,300 manholes. Activities include clean and televise sewer lines, operate and monitor lift stations, provide 24-hour oversight to emergency backups and system failures, repair damage lines and manholes, and assist residents as needed. Beginning in January 2021, the water distribution will become part of the Utilities Division. Future Challenges and Opportunities Transition planning of the Public Works Department including add the Water Department to the Utilities Division Complete all scheduled Capital Outlay items Update 5-year CIP Develop Public Works Quality Standards Improve service delivery to residents Continue to look for ways to make the department more efficient Study improvements to the sanitary sewer system for further development in the SW area of the City Park Improvements at Northland park (new pickle ball courts and playground equipment) Complete construction of West Millbrook Field (former Palmer property) Implement parks study of Prairie Park Upgrade lift stations at Market Place and Mid Oaks Maintain, repair and improve aging infrastructure (streets, park amenities and utilities) Creation and development of two new parks: Bridgeview Park and Lumberjack Landing (Aiple property) Maintain equipment to provide better service Maintain aging building facilities Meet the demand of the City and residents with current staffing levels due to increase expectations, added infrastructure, services and mandates Keep staff trained to keep up with new technology Dedicate staff time for planning, coordination and preparation for events and daily rental of parks and facilities, volunteer groups. Succession planning of leadership positions and replacement of senior employees within the department Program Output Indicators 2016 2017 2018 2019 2020 Street maintained, miles 94.20 94.20 94.82 95.48 95.5 Snowplow events 12 11 13 19 18 Asphalt patch mix use, tons 1050 720 1050 944 1290 Sealcoat, miles of streets -- -- -- 1.97 1.5 Crack filling, miles of streets -- -- -- 9.7 18.3 Right of way permits issued 57 48 83 53 62 Obstruction permits issued 16 15 24 23 23 Streets overlayed, miles 1.19 2.7 3 3 1.4 Page 22 of 34 April 2021 Streets reconstructed, miles 0.74 1.6 1.2 1.3 2.2 Properties assessed for public improvements 173 367 347 314 313 Review of new home grading plans 3 3 40 59 36 Pond outfall inspections 46 37 36 48 27 Televised sewer pipes, in feet 7,920 7,656 10,560 19,008 19,535 Street sweeping, lane miles 2,350 2,730 2,350 3,375 2,715 Street sweeping debris, cubic yards 1,850 2,556 1,850 1,476 1,832 Sewer pipes jetted, in miles 27 26 27.5 19.9 21 Sewer backups, each 6 6 6 9 15 Lift station alarms, each 25 12 31 200 180 Park area, mowed, acres 69 69 69.18 75.70 75.70 Traffic signs replaced 356 356 409 365 522 Page 23 of 34 April 2021 Finance Mission The mission of the Finance Department is to manage and maintain financial records in conformity with generally accepted governmental accounting principles and in compliance with federal, state, and local laws. Additionally, the department oversees the investment of public funds, cash management, and the issuance of debt. The department develops and maintains effective and efficient financial planning, reporting, and central support systems in order to assist the operating departments in achieving their financial objectives; provides the City Council, City Administrator, and other City officials with financial information on a timely and meaningful basis; provides quality service to the City’s customers and safeguards the City’s assets. Department Organization Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 426,362.00 $ 428,675.01 Supplies $ 2,450.00 $ 1,736.75 Services and Charges $ 87,571.00 $ 84,770.78 Miscellaneous $ 2,300.00 $ 1,905.00 Total $ 518,683.00 $ 517,087.54 Program Descriptions & Goals The Finance Department is responsible for providing accurate and timely information regarding the City's financial affairs. To achieve this, the department provides the following services: Collection of revenue – Revenue is collected from a variety of sources including tax such as sales tax, property tax, and utility user’s tax. Other sources of revenue include grant funds, charges for services, interest earnings, and intergovernmental transfers. Distribution of funds – Payments are made to vendors for services and material received. An improved system of issuing checks made the release of funds a reality on a weekly basis. Employee payroll checks and related benefits are paid on a bi-weekly basis. Proper transaction recording – Detailed accounting is achieved by recording all financial transactions in the City’s financial system using a 15-digit numbering scheme. Each of these General Ledger Numbers are unique, are individually budgeted, and performance against these budgets are tracked. Financial reporting – Annual reports include the Comprehensive Annual Financial Report (CAFR), a report that regularly receives awards for outstanding financial reporting from the Government Finance Officers Association (GFOA). Budget administration – A budget is prepared for City Administrator and Council review and approve on a yearly basis. The approved budget is distributed and made available for public review and reference via the internet. Internally, staff manages their department’s respective budgets. Finance Director (1 FTE) Assistant Finance Director (1 FTE) Payroll HR Technician (1 FTE) Senior Account Clerk* (1 FTE) Accounting Specialist** (.75 FTE) Fund FTE Finance 4.00 Sewer** .20 Storm Sewer* .15 Lighting* .15 Lodging* .25 Page 24 of 34 April 2021 Debt issuance/management – Debt is issued with the assistance of the City’s financial advisor. Outstanding debt is administered in full accordance with the Official Statements of the City’s bond issuances. Investment of City funds – The City’s idle cash is invested in strict accordance with the City’s Investment Policy with particular emphasis on the following criteria: Safety Credit risk Market risk Liquidity, and Yield Program Accomplishments and Results, Special Awards, Recognitions Successful 2019 Year End Audit Certificate of Achievement in Financial Reporting for the 2019 Comprehensive Annual Financial Report. Future Challenges and Opportunities Accounting software updates/support Merge Board of Water Commissioners financial operations with City financial operations Funding for new capital projects 2022 – 2026 CIP (Capital Improvement Program) Certificate of Achievement in Financial Reporting for the 2020 Comprehensive Annual Financial Report Page 25 of 34 April 2021 Fire Mission Our commitment is to protect life and property through dedicated service to the community. Values The Fire Department’s vision is to provide service to our communities with P.R.I.D.E. - Professionalism, Respect, Integrity, Dedication and Excellence. Department Organization The Stillwater Fire Department was established by Council action on May 28, 1872. The Department is configured as a combination Department consisting of 12 career fire personnel and up to 30 volunteer paid-on-call personnel. Career staff consists of the Fire Chief, Deputy Chief/Fire Marshal, Assistant Chief of Operations, three shift Captains, six Firefighter/Engineers and a .75 Administrative Support position. The Department is staffed 24/7/365 days per year with a minimum of two personnel. The volunteer paid-on-call personnel respond when paged and are trained to various levels which include assistant chief officer to the rank of firefighter. Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 1,756,965.00 $ 1,670,620.88 Supplies $ 46,800.00 $ 41,902.91 Services and Charges $ 326,513.00 $ 269,082.54 Miscellaneous $ 10,500.00 $ 10,590.31 Total $ 2,410,778.00 $ 1,992,196.64 Fire Chief (1 FTE) Deputy Chief Fire Marshal (1 FTE) Assistant Chief Operations (1 FTE) A Shift Captain (1 FTE) Lieutenant (1 POC) Firefighter Engineer (2 FTE) Firefighter (4 POC) B Shift Captain (1 FTE) Lieutenant (1 POC) Firefighter Engineer (2 FTE) Firefighter (5 POC) C Shift Captain (1 FTE) Lieutenant (1 POC) Firefighter Engineer (2 FTE) Firefighter (5 POC) Assistant Chief (1 POC) Fire Service Specialist (.75 FTE) Page 26 of 34 April 2021 Program Descriptions & Goals Stillwater Fire Department provides the following services to the City of Stillwater, City of Grant, Stillwater and May Townships. The total response area includes 53 square miles and a permanent population of approximately 25,000 residents. Services provided include: Fire Suppression Structure – Residential/Commercial Wildland/Urban Interface/Grass Marine Auto Basic Life Support (BLS) Non‐Transport Emergency Medical Services Medical Emergencies CPR & AED Certified Advanced Airway Placement BLS Drug Variances Assist Lakeview EMS Blood Pressure Wellness Checks Code Enforcement/Inspections New Construction Commercial Multi-Family Residential Day Care/Foster Care Special Events Technical Rescue Auto/Machinery Extrication High Angle Rope Hazardous Materials – Operations Level Hostile Event Response Community Support Community Events Station Tours Water/Ice Rescue Surface Dive – Washington County Fire Department Dive Team Boat – River and Lakes Terrorism Fire & EMS Education In-service Training for Business – Fire extinguisher, AED and CPR Drills and Exercises – Conduct drills, exercises and review emergency plans for assisted living facilities and area business Heart Safe Community Designation Fire Prevention School Visits and Activities Open House Senior Center Presentations General Emergency Preparedness and Fire Safety Presentations Maintenance City Fire Hydrants – Assist Water Department with annual required maintenance and flushing Fire Station – Maintain building, grounds, and mechanical equipment Trucks/Response Equipment – Daily inspections and inventory of apparatus and equipment Program Accomplishments and Results, Special Awards, Recognitions Stillwater Fire Department, SFD, responded to 1,938 calls for service in 2020. This is a five percent decrease in call volume from 2019. The drop in calls may be attributed to the COVID-19 pandemic and the recommended modification of response protocols by SFD’s medical direction. In addition, SFD performed numerous fire inspections, in both new and existing structures; conducted plan reviews; investigated potential fire code violations; completed hydrant maintenance activities; performed equipment and station maintenance duties, and completed thousands of hours of staff training to maintain required licensing and certification standards. The Department strives for continuous quality improvement to meet the needs of our ever developing community. Standard performance measures and improvements for 2020 include: Insurance Services Office (ISO) rating of 4 - (1 best 10 worst) Rated “Excellent” in quality of service by over 40% of respondents who returned fire department quality of service survey cards in 2020 2020 fire calls per 1,000 population for SFD’s response area was 16 2020 EMS call per 1,000 population for SFD’s response area was 52 Replaced 12-year-old self-contained breathing apparatus (SCBA’s) with new SCBA’s with improved safety and technology Ordered new Class A Fire Engine to replace 34-year-old frontline apparatus Page 27 of 34 April 2021 Implemented computer incident management software for improved response and situational awareness on scene Hired and promoted several volunteer paid-on-call personnel throughout the year The department looks forward to an exciting and productive 2021 and serving our citizens into a new decade. The Stillwater Fire Department aspires to be a recognized “public safety leader” providing a safe and secure environment for our community. The Department will continually evaluate our operations to ensure SFD consistently exceeds the expectations of our citizens. All activities to promote safety and ensure community preparedness are consistent with the City’s goal of promoting Organizational Excellence and to provide the best possible service to our citizens. 81% 5% 4% 8%2% Calls by District City of Stillwater ‐1,578 City of Grant ‐ 88 May Township ‐ 87 Stillwater Township ‐ 148 Mutual Aid ‐ 37 1,821 2,041 1,938 2018 2019 2020 Annual Run Response Trend Page 28 of 34 April 2021 Future Challenges and Opportunities Staffing, community growth and special events are challenges facing the Fire Department and is a major concern now and into the foreseeable future. The volunteer paid-on-call deployment model and providing consistent, well trained, staff is an issue not unique to SFD and is a local as well as a nationwide concern. In addition, the continued growth and expansion of our community and the addition of several new senior and assisted living facilities continue to add risk and to the call volume SFD is experiencing. Program Output Indicators 2014 2015 2016 2017 2018 2019 Total Calls for Service 1,815 1,838 1,826 1,913 1,821 2,041 21 27 39 18 15 13 2018 2019 2020 Mutual/Auto Aid Given Received $0.00 $5,000,000.00 $10,000,000.00 $15,000,000.00 PROPERTY AND CONTENT SAVED PROPERTY AND CONTENT LOSS Property and Content Saved Property and Content Loss 2018 $14,891,300.00 $1,193,700.00 2019 $13,678,520.00 $947,580.00 2020 $8,832,300.00 $1,114,770.00 Property and Content Save vs. Loss Page 29 of 34 April 2021 Police Mission To maintain and enhance the quality of life and public safety in Stillwater by working with the community, enforcing laws and ordinances in a professional manner. Department Organization Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 3,443,386.00 $ 3,339,618.05 Supplies $ 67,800.00 $ 62,890.72 Services and Charges $ 353,148.00 $ 346,039.03 Miscellaneous $ 21,750.00 $ 19,343.10 Total $ 3,886,084.00 $ 3,767,890.90 Program Descriptions & Goals Primary programs are Patrol, Investigations, and Administration. Other programs include Parking Enforcement, Event Security, Crime Prevention, SWAT, Crisis Negotiations Team, Mobile Field Force, Animal Control, Emergency Management, and School Resource Officer Police Chief (1 FTE) Captain (1 FTE) PATROL Patrol Sergeants (4 FTE) Patrol (15 FTE) Police Reserves (14) INVESTIGATIONS Investigative Sergeant (1 FTE) Investigators (2 FTE) SUPPORT SERVICES Community Resource Officer (1 FTE) Community Service Officer (1 FTE & 3 Seasonal) Parking Officer (1 FTE) Data Specialists (2 FTE) Page 30 of 34 April 2021 Patrol: Calls for service (Over 15,000 in 2020); Traffic Enforcement Investigations: Investigate cases requiring follow-up or special resources. School Resource Officer (time split between SW Middle School and Investigations). Computer Forensics investigations Administration: Records requests; Background checks; budgeting and finance; logistics; planning; Firearms Purchase Permits, maintaining and monitoring various databases Crime Prevention: Program was restricted due to COVID-19. Increased Social Media - Facebook Parking Enforcement: Oversee City parking infrastructure (ramp, lots, on-street parking), enforce parking ordinances Event Security: Provide planning and staffing for public safety at a majority of events occurring in City Program Accomplishments and Results, Special Awards, Recognitions Handled COVID-19 restrictions/guidelines within agency and community Assisted/supported “Winter in Stillwater” events Life-saving award given to three officers 107 299 0 50 100 150 200 250 300 350 2019 2020 Gun Permits Page 31 of 34 April 2021 Future Challenges and Opportunities Remodel of Police Department: Review of police facilities and future needs Overall Staffing: Review of Police Department Staffing needed Police/Operational Review: Review of all polices/operations needed Mental Health/Substance Use Disorder Call Response: These types of calls for service are complicated and resource-intensive. Review of potential innovative/collaborative approach needed 17866 15174 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 11000 12000 13000 14000 15000 16000 17000 18000 19000 20000 2019 2020 Calls for Service 179 285 291 592 572 501 0 100 200 300 400 500 600 700 2018 2019 2020 Group A & Group B Offenses Group A Group B Page 32 of 34 April 2021 Legal Services Mission To provide the best quality legal services in the most efficient and professional manner. Budget Update (Unaudited) Description Appropriation Actual Personnel Services $ 0.00 $ (362.84) Supplies $ 0.00 $ 0.00 Services and Charges $ 190,765.00 $ 176,755.48 Miscellaneous $ 1,500.00 $ 0.00 Total $ 192,265.00 $ 176,392.64 Legal services are divided into three parts: Retainer, Non-Retainer and Pass-Through. Retainer services include offering routine legal advice, preparing ordinances, review of legal documents and contracts, conducting training for all boards and commissions as requested and attending all meetings of the Council or other meetings as requested. The Retainer fees are capped at $75,000 per year. Non‐Retainer services include condemnation, litigation and special projects. Pass‐Through services include development agreements for private development. Total fee summary of the 3 services is shown below: TYPE OF SERVICE HOURS FEES Retainer 525.45 $75,000 Non-Retainer 252.05 $37,862 Pass-Through 174.10 $32,755 TOTAL 951.60 $145,617 How the hours break down by department is shown below: Admin 213 HR 97 Finance 1 Comm. Dev. 125 Police 22Fire 10 Public Works 114 Park & Rec 30 Water Board 28 Library Board 19 Charter Comm. 2 Litigation 117 Development 174 Hours by Department Page 33 of 34 April 2021 The fees by department are shown in this pie chart: The remaining pie charts show how some of the costs were allocated by project. Admin $31,729 HR $14,853 Finance $94 Comm. Dev. $18,327 Police $2,788 Fire $1,006 Public Works $15,838 Park & Rec $3,908 Water Board $4,110 Library Board $2,866 Charter Comm. $248 Litigation $17,096 Development $32,755 Fees by Department Misc. $24,754 CVB $513 Trash Hauler Contract $638 Emergency Decl. COVID $4,388 Cleaning Service $344 Liquor Ord $256 Animal Ordinance $838 Admin. Fees Page 34 of 34 April 2021 Program Accomplishments and Results, Special Awards, Recognitions Most significantly in 2020 we navigated COVID-19, adapting with each new Order from the Governor. Some of the things we accomplished in 2020 to meet these challenges: o Determined how to legally hold virtual public hearings o Continuously monitored COVID-19 protocols, policies and safety measures for employees and the public o Adopted flexible outdoor seating options for businesses o Helped ensure proper use of CARES Act funds We revised the Historic Preservation Commission ordinances, nuisance ordinances, and the sign ordinance On the litigation front, we completed the Shorty’s condemnation action Development projects involved significant efforts toward implementation of Central Commons, Heifort Hills and Valley High Estates Movement of the Water Board as an independent agent into the Public Works Department Future Challenges and Opportunities On-going litigation of the 2019 Assessment Appeals Continue to monitor the White Bear Lake litigation Continued integration of the Water Department into the City’s structure Continued implementation of the program for retiree benefits Misc. $5,736 Hotel Lora $2,594 Code Violations $1,555 Nuisance Ordinance $1,063 Sign Ordinance $3,163 Historic Pres. Committee $4,217 Comm. Dev. Fees Page 1 CITY OF STILLWATER LIST OF BILLS Access Corp Document destruction services 139.20 Ace Hardware Supplies 266.95 Action Rental Inc.Invisible dog fence trencher rental 185.00 Advance Auto Parts Supplies 254.84 Amdahl Locksmith Inc Chris Locksmith services 329.20 Animal Humane Society Pound charges 196.00 Aspen Mills Uniform & Badges 460.09 AutoNation Vehicle repair supplies 57.75 B J Haines Tree Service Tree removal 1,050.00 Barnum Gate Services Gate repair 427.00 Becker Fire Safety Services LLC Annual fire extinguisher service 742.30 Beehive Industries LLC Sewer Backup Enhancement 3,040.00 BHE Community Solar Solar Energy 4,066.18 BlueCross BlueShield of MN Inc.Retiree Health Ins 6,043.50 Bolton and Menk Inc.Lift station repairs - Greeley & Market Pl 9,732.50 Brownells Inc Supplies 346.91 CalAtlantic Homes Grading Escrow Refund 3671 Summit Ln 1,500.00 Century Power Equipment Filters 40.21 Cintas Corporation Mat & uniform cleaning service 881.02 Clifton LarsonAllen LLP Audit 4,300.00 Comcast Internet & TV 159.14 Community Thread Contribution 5,250.00 Compass Minerals Salt 1,594.68 Computer Integration Technologies Heirloom & Landmark Website 67.50 County Materials Corporation Building materials 1,352.57 Dalco Supplies 1,241.33 DLT Solutions LLC Annual Subscription 2,346.32 ECM Publishers Public hearing publications 57.00 Enterprise FM Trust Lease vehicles 10,366.04 Environmental Equipment & Services Equipment 414.96 FleetPride Equipment repair supplies 30.06 Gertens Wholesale Fertilizer 7,065.35 Gopher State One Call Inc.Locates 251.10 Guardian Supply Uniforms & supplies 137.98 H&L Mesabi Equipment repair supplies 3,251.20 Haussner Plumbing LLC Ped Plaza restroom repair 350.00 Hawkins Inc Chlorine 3,410.16 Herzog Bonnie UB Refund 224.00 Herzog Engineering LLC Retaining wall assessment - Landucci 224747 1,400.00 Hoisington Koegler Group Inc Professional services 5,301.75 Holmquist Seth Park Fee Refund 160.00 IAFC Membership Membership 265.00 Instrumental Research Equipment repair supplies 200.00 IState Truck Center Equipment repair supplies 383.68 Jefferson Fire and Safety Inc.Key fire hose 228.37 Kelly & Lemmons PA Prosecution 7,397.00 Kwik Trip Inc Fuel 16.75 Page 2 Lakeview Hospital Legal blood draws 50.00 League of MN Cities Ins Tr Claim #109028 1,000.00 Lincoln National Life Insurance Co Life Insurance 20.08 Loffler Companies IT Professional Services 1,459.76 MacQueen Equipment Inc.SCBA flow test and service 2,917.50 Mansfield Oil Company Fuel 3,078.79 Marshall Electric Company Electrician services 2,654.00 Menards Supplies 1,456.38 Metal Doctor Equipment repair supplies 336.23 Metro Chief Fire Officers Assn Membership 100.00 Metropolitan Council Wastewater Charge & SAC 174,456.17 Miller Excavating Water repairs 6,597.92 Minnesota Occupational Health Drug screens 442.75 MK Mechanical Inc Boiler replacement 41,976.65 MN Dept of Labor and Industry Quarterly Surcharge 6,291.48 Municipal Emergency Services Vulcan 180 Standard System 366.28 My Alarm Center Alarm Monitoring Services 422.52 Nardini Fire Equipment Inspection 108.15 Nuss Truck & Equipment Equipment repair supplies 114.94 Office Depot Office supplies 731.48 OnSite Sanitation Portable Restroom 1,720.00 Performance Plus LLC Drug screen 254.00 Pollard Water Equipment repair supplies 395.78 Pro-Tec Design Alarm monitoring 408.40 Quill Corporation File folders 21.58 Rehn Code Consulting Services Plan Review 3,979.06 Richard Cowell Tactical Uniform supplies 589.00 Sams Marine Inc Vehicle repair charges 360.02 Sherwin Williams Stripe paint 383.12 Simplifile LC Filing fees 250.00 Springbrook Software Monthly UB web payments 222.00 SRF Consulting Group 200 Chestnut St Traffic Impact Study 542.80 Stillwater Motor Company Brake repairs #217 445.69 Stillwater Rotary Club Membership 200.00 Summit Companies Annual Sprinkler Inspection 891.00 SW/WC Service Cooperatives Retiree Health Insurance 53,403.40 Sylvander Heating Nelson ST bathroom 7,900.00 TBEI Inc/Crysteel Manufacturing Equipment repair supplies 6,141.57 Tennant Sales & Service Co.Equipment repair supplies 714.80 Thomson Reuters Information Charges 150.59 TKDA Chestnut St Civic Plaza 26,948.61 Toll Gas and Welding Supply Cylinders 45.38 Tousley Motorsports Supplies 220.79 Tri-State Bobcat Equipment repair supplies 156.38 Uline Inc Repair supplies 2,655.19 Veterans Memorial Super Valu Parking 4,347.00 Vinco Inc Repair play structure 3,678.95 Voyant Communications Phone 558.47 Wash. Cty Historical Society Contribution 3,750.00 Page 3 WasteZero Big Belly 291.00 Wilson McShane Unpaid leave - Carey 1,325.00 Xcel Energy Energy 22,062.55 Youth Service Bureau Contribution 2,750.00 LIBRARY Baker and Taylor Programs 61.50 Blackstone Audio Materials 478.88 Brodart Co Materials 2,150.16 Calyx Design Group 4th St Lawn Design Preliminary Master Plan 5,500.00 Culligan of Stillwater Water 21.65 KidCreate Studio/Get Messy Programs 200.00 Midwest Tape Materials 1,101.72 Music Together in the Valley Programs 300.00 Office of MN IT Services Telephone - March 143.70 Tan Ni Programs 700.00 Washington County Master Gardeners Programs 100.00 MARCH CREDIT CARDS 4Imprint Night to unite promo items 949.56 Alliance for Innovation TLG Event Registration 199.00 Amazon.com Supplies 1,115.42 American Library Association Supplies 26.99 Backgroundchecks.com Back ground checks 121.35 Cabelas.com Gun cleaning supplies 81.53 Dream Host Website Hosting 21.45 Facebook.com SPD Facebook Acct - social media fees 9.00 GoDaddy.com Lumberjack Days Domain Renewal 36.34 Grant Writing USA Grant writing class 910.00 Hawkshead Systems Inc Cap sensor for valve stem 51.00 IAPE Membership 50.00 ICMA Local Planning book 93.04 L.T.G.Power Scraper blade for blower 21.48 Lathem Time Time cards 132.22 Lowes Home Centers Inc.Cordless shop vac 233.92 Menards Online Supplies 150.22 MN AWWA Virtual Operator School 100.00 MN Government Finance Officers Membership 70.00 National Registry of Emergency Medical Tech Renewal 80.00 Nature-Watch Programs 104.26 Office Depot Staplers for inspectors 121.01 Opentip.com Programs 481.39 The Business Journals Materials 150.00 Walmart Thermometers for Evidence Room 63.44 Workrite Ergonomics Replacement parts for sit stand desks in PD 264.61 Page 4 MANUALS Comcast TV Internet & Voice 668.10 Group Medicareblue RX Retiree Prescriptions 4,224.65 Lincoln National Ins Life Ins 16.48 Tan Ni Programs 350.00 The Jon & Cheryl Ustipak Family Tr Easement Acquisition 23,700.00 Wilson McShane Unpaid leave premium 662.50 Xcel Energy Energy 28,780.19 ADDENDUM Comcast Internet 134.90 Group Medicare Blue Rx Retiree Health Ins 3,887.35 Jones Denise UB Refund 157.50 Sandahl Kim Dog License Refund 20.00 Smith Jenafer Dog License Refund 35.00 Washington County Property Records Year End Reports 285.00 TOTAL 558,640.31 Adopted by the Stillwater City Council this 20th day of April, 2021 Mayor Ted Kozlowski MEMORANDUM To: Mayor and City Council <,16. From: Shawn Sanders, Director of Public Works Date: April 19th 2021 Subject: Marketplace Lift StationProject-Temporary Easement DISCUSSION: Staff has been working on the plans for the Market Place Lift Station. Project. The project adds a bypass manhole to the lift station, that would allow uninterrupted operation of the facility when service is required. The lift station is located on the west side of Market Drive in easement area that does not provide ample space for the work to be done and for storage and parking for the contactor. The City has been in discussion with the property owner, STILLWATER MP I, LLC, about use of their property, north of lift station, for parking and storage and prepared a temporary easement for their consideration. The property owner has agreed to the temporary easement, but has requested $2000 for compensation for the use property. Staff has reviewed the request and feels that compensation request is fair and the project budget supports the compensation amount with the easement. RECOMMENDATION Staff recommends that Council approve the temporary easement for the Market Place Lift Station Project as proposed. ACTION REQUIRED If Council agrees with the recommendation they should pass a motion approving the Temporary easement for the Market Place Lift Station Project. TEMPORARY EASEMENT FOR CONSTRUCTION STAGING PURPOSES FOR 32.030.20.33.0015 1920 MARKET DRlVE, STILLWATER, MN 55082 AND 32.030.20.33.00161840 MARKET DRIVE, STILLWATER, MN 55082 THIS TEMPORARY EASEMENT AGREEMENT FOR CONSTRUCTION STAGING PURPOSES ("Agreement") is made, granted and conveyed this __ day of ______ _ 2021 ("Effective Date"). Stillwater MP I LLC, an Ohio limited liability company ("Grantor"), for and in consideration of Two Thousand and 00/100 Dollars ($2,000.00) and other good and valuable consideration, the receipt whereofis hereby acknowledged, does hereby grant and convey to the City of Stillwater, a Minnesota municipal corporation ("City"), a temporary construction easement ("Temporary Easement") under, over, across, through and upon the following described land situated in the County of Washington, State of Minnesota, to wit: PROPERTY DESCRIPTION: Grantor owns certain real property in Washington County, Minnesota, legally described as follows: Lot 2, Block 3, Stillwater Marketplace 3rd Addition PID: 32.030.20.33.0015 AND Lot 3, Block 1, Stillwater Marketplace 3rd Addition PID: 32.030.20.33.0016 (the "Grantor's Property"). TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: Grantor does hereby grant and convey to the City, its successors and assigns, the following: A temporary easement for parking and staging of construction equipment, and parking of construction and passenger vehicles or such other kind of activities as may be required for commercial construction activities occurring on adjacent property ("Temporary Easement"), under, over, across, through and upon that portion of the Grantor's Property ("Temporary Easement Area"), legally described below: The East 90 feet of the South 48 feet of Lot 3, Block 1, Stillwater Marketplace 3rd Addition; and The East 90 feet of the north 90 feet of Lot 2, Block 3, Stillwater Marketplace 3rd Addition The Temporary Easement Area is depicted on Exhibit A as Temp . Easement 1 and Temp . Easement 2. Notwithstanding anything to the contrary contained herein, the Temporary Easement granted over Temp. Easement 1 is limited to an access easement to Temp. Easement 2 and no parking and staging of construction equipment and parking of construction and passenger vehicles has been granted to the City upon Temp. Easement 1. The Temporary Easement shall expire on the date that is the earlier to occur of (i) the date that construction activities for which the Temporary Easement has been granted have been completed and (ii) October 31, 2021. Construction activities for which the Temporary Easement has been granted shall be completed within thirty (30) days after those construction activities commence ("Primary Work Period") but work related to asphalt repairs and landscaping required because of those construction activities may be completed after the end of the Primary Work Period. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees, and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Temporary Easement Area or the Grantor's Property prior to the date hereof. The City agrees to promptly repair any damage caused to Grantor's Property resulting from construction activities or other activities related to the Temporary Easement conducted on Grantor's Property by the City, its employees, contractors, or agents. The City shall not do or suffer anything to be done that shall cause Grantor's Property to be encumbered by any liens of mechanics, laborers, or materialmen ("Prohibited Liens"). The City shall, whenever and as often as any Prohibited Liens are filed against Grantor's Property, discharge the same ofrecord within ten (10) days after the date of filing by payment, bonding or otherwise, as provided by law. The City agrees to defend, indemnify, and hold Grantor and its lenders and their respective successors and assigns (collectively, "Indemnified Parties") harmless from any claims, damages, losses, and expenses incurred by the Indemnified Parties resulting from construction activities or other activities related to the Temporary Easement conducted on Grantor's Property by the City, its employees, contractors, or agents, 2 including, without limitation, attorneys' fees. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any claims brought by Grantor or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statute, Chapter 466. The Grantor, for itself and its successors and assigns, does hereby warrant to and covenant with the City and its successors and assigns that Grantor is well seized in fee of the Grantor's Property described above, the Temporary Easement Area described above and has good right to grant and convey the Temporary Easement herein to the City. This Agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [ remainder of page intentionally blank] 3 IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the day and year aforesaid by their duly authorized representatives. CITY OF STILLWATER By:---------------- Ted Kozlowski Its: Mayor By: ----------------Beth Wolf Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHING TON ) On this __ day of , 2021, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 4 STILLWATER MP I, LLC, an Ohio limited liability company By: East Liverpool Development Ltd., an Ohio limited liability company, its sole member By: ______________ _ Name:. _____________ _ Its: --------------- STATE OF OHIO ) ) ss. COUNTY OF CUYAHOGA ) On this __ day of , 2021, before me a Notary Public within and for said County, personally appeared to me personally known, who being by me duly sworn, did say that he is the of East Liverpool Development Ltd., the sole member of Stillwater MP I, LLC, an Ohio limited liability company, the entity named in the foregoing instrument, and that said instrument was signed on behalf of said entity by authority of its sole member and said acknowledged said instrument to be the free act and deed of the entity. This instrument was drafted by and after recording, please return to: Korine L. Land (#262432) Levander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, MN 55075 651-451-1831 Notary Public 5 -Oi1 EXHIBIT A EASEMENT AREA Bloc1t1 Lot l 48' Parking and Staging Area BIOde t 90 , Lo12 Lift s f.atfon A-1 NI 1 1\7 ter The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLEASE NOTE: City Council meetings are streamed live on the city website and available to view on Channel 16. Public can participate in the meeting by logging in online at www.zoomgov.com/join or by calling 1-646-828-7666 and enter the meeting ID number: 161 843 8759 Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING April 20, 2021 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Proclamation - Stillwater High School Wrestler Roman Rogotzke 2. Proclamation - Stillwater High School Wrestler Hunter Lyden 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 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Community Development Director 8. City Clerk 9. City Attorney 10. City Administrator - 2020 City Annual Report - available Tuesday 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. 11. April 6, 2021 regular and recessed meeting minutes 12. Payment of Bills 13. Charter Amendment regarding Administrative Citations - Ordinance 2nd Reading 14. CPC Case 2021-13 for a blot Preliminary Plat and Rezone from AP to RB. Property located at 8483 Marylane Ave N. - Ordinance 2nd Reading 15. Municipal Dock Lease Renewal - Resolution 16. Nuisance Ordinance Repealing and Replacing Stillwater City Code Chapter 38 Section 22-10, 22-11, and 22-12 regarding Administrative Citations and Civil Penalties, Background Checks, and Administrative Offenses, Enacting Section 52-19 regarding Noise Control and Regulations, and Repealing Chapter 40 regarding Abandoned Vehicles - Ordinance 2nd Reading 17. Opera on the River 2021 Event 18. Seasonal Maintenance Worker I Compensation Adjustment - Resolution 19. Seasonal Parking Lot Attendant Compensation Adjustment - Resolution 20. Temporary Outdoor Sales Permits with Amendment to Liquor License - Resolution 21. Training Room Projector Purchase Request 22. Veterans Memorial Day 2021 Event VIII. PUBLIC HEARINGS - None IX. UNFINISHED BUSINESS 23. CPC Case 2020-60 request by Joel Hauck and 200 Chestnut Partners, LLC, for a Conditional Use Permit, associated variances and an appeal to HPC's decision to not permit a 4th story on a proposed residential building in the Central Business Height Overlay Historic District at 200 Chestnut St E. - Resolution (Resolution available Tuesday) 24. Temporary Outdoor Sales Permit for No -Neck Tony's with Amendment to Liquor License - Resolution X. NEW BUSINESS 25. St Croix Boat & Packet Dock Permit Renewal 26. Award Contract for Operational Review of IT - Resolution XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda April 20, 2021 Cite of *tttttuater, fillinne5ota Adriamation WHEREAS, Roman Rogotzke is a member of the Stillwater Area High School Boys Wrestling Team, which is the Suburban East Conference Champions and AAA State participants; and WHEREAS, Roman's season accomplishments are: • 2 time MA State Champion, this year at 1951b.; • He finished with a 37-1 record; • 21 pins; • Team Captain • MSHSL State All Tournament Team Career, 222-54 record, 137 pins (6th all time career); • 5 time MSHSL AAA State Tournament Participant; • 2 time Academic All State; • 6 time letter winner; and • Attending Division I South Dakota State University in the fall on a Wrestling Scholarship. NOW THEREFORE, I, Ted Kozlowski, Mayor of the City of Stillwater, do hereby proclaim April 21, 2021 - Roman Rogotzke Day - in the City of Stillwater and encourage the citizens of Stillwater to congratulate Roman on his accomplishments. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this this 20th day of April, 2021. Mayor Cite of *tttttuater, fillinne5ota J WHEREAS, Hunter Lyden is a member of the Stillwater Area High School Boys Wrestling Team, which is the Suburban East Conference Champions and AM State participants; and WHEREAS, Hunter's season accomplishments are: • AAA State Champion at 1701bs; • 5 time state entrant; • 4 time state place winner (5th in 8th grade, 3rd in 9th grade and 1st in 10th & llthgrades); • 193 career wins; • Freestyle and Greco National duals All Tournament team; • Freestyle National All American; • Above a 3.0 GPA; • Super 32 All American; • Participates in hunting, fishing, wake boarding, wake surfing, lifting, working/building things; and • Has verbally committed to the University of Minnesota Gophers in the fall. NOW THEREFORE, I, Ted Kozlowski, Mayor of the City of Stillwater, do hereby proclaim April 22, 2021 - Hunter Lyden Day - in the City of Stillwater and encourage the citizens of Stillwater to congratulate Hunter on his accomplishments. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this this 20th day of April, 2021. Mayor ti1Iwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES April 6, 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, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf Community Development Director Turnblad City Planner Wittman Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS Economic Development Analysis with Dr. Waldron Dr. Craig Waldron, The Waldron Company, presented the following recommendations regarding future economic development: create an Economic Development Authority (EDA) which will also include housing and redevelopment authority statutory powers; continue to support tourism; Community Development Director Bill Turnblad's successor should have more of an emphasis towards economic development and redevelopment as opposed to land -use; consider a downtown assistance program for facade improvements; initiate a business visitation program. He also recommended that the City discuss developments in an early stage with the Washington County CDA. He strongly recommends that the City Council be the overall governing body of the EDA rather than setting up a separate board. Councilmember Polehna asked if creating an EDA would involve the Charter Commission; and City Attorney Land answered that setting up an EDA is a simple process, which is not required to go through the Charter Commission. Dr. Waldron expanded on his recommendations to continue courting positive events, to recognize the importance of tourism in marketing the City, and to build relationships via a business visitation program. Follow-up is important. He also recommends a fast -track development process be established for sites that are extremely important to the City. An HRA could help clean up blight or substandard areas, while the EDA would allow the City to guarantee a competitive loan. The HRA would give the City much more authority and flexibility than under existing municipal powers. In regard to a facade improvement program, he suggested that the Council consider its priorities and goals and develop very City Council Meeting April 6, 2021 strict guidelines. He recommends that the City farm out the other piece - credit analysis, where the checks are going, and default procedures - to an outside financial institution. Community Development Director Turnblad added that the City has an established facade program, but at the moment it is unfunded. The City previously used tax increment financing dollars to cover part of the loan. Motion by Councilmember Polehna, seconded by Councilmember Collins, to accept the report and direct staff to investigate a plan to set up an Economic Development Authority. All in favor. HPC Design Guideline Update and Policy Direction Discussion City Planner Wittman led discussion of the ongoing grant -funded effort to consolidate and update Heritage Preservation Commission (HPC) design guidelines. She reviewed an analysis of the City's existing historic and design review overlay districts including areas needing change, completed by HKGi and Landscape Research. First, Ms. Wittman discussed Sign Design Permitting. She asked if the Council would like to see administrative approval of signs in the design review overlay district. Currently it can take about 30 days to get a sign permit in the downtown core. The consultant suggested perhaps the sign permits could be reviewed administratively rather than by the HPC, to expedite the process. Mayor Kozlowski noted that with administrative review for other types of permits, the applicant may appeal a denial to the City Council. Ms. Wittman replied if a sign permit is denied, it does not necessarily go to the Council. But there would be a mechanism for another body to address the request if it was denied. Council consensus was to support administrative approval of sign permits, rather than going through HPC. Ms. Wittman then asked, should the City's 2013 Draft Historic Residential Guidelines, or a portion thereof, be applicable to alterations to residential structures located in both the Downtown Design Review District and the Overlay District. There are about 20 blocks located in both the Neighborhood Conservation District and the Downtown Design Review District: some properties bordering Pioneer Park, a few on Chestnut Hill, and a few on the oldest part of the South Hill. Currently there are no residential guidelines to review these properties against, so the HPC has been using its commercial design guidelines. The draft guidelines will be broken out by type of development - the residential alteration guidelines define different architectural styles, and say for instance that an applicant should be retaining the narrow windows, not expanding them. Councilmember Junker noted there have been many struggles in the HPC meetings regarding window replacement. Guidelines indicate a property owner should try to keep existing windows versus installing all new windows even if they will replicate the old windows. For the property owner, it is very expensive to try to work with existing windows. Councilmember Collins stated the guidelines would be helpful for property owners of historic houses. It is worthwhile looking at what parts of this can be used. Councilmember Odebrecht added he is comfortable with the guidelines as long they do not cross from "shoulds" to "shalls" and become requirements for properties. Page 2 of 13 City Council Meeting April 6, 2021 Councilmember Polehna agreed it needs to be really defined that the guidelines are recommendations, a starting point to help a homeowner. He would have a real problem telling a property owner "you shall do this." Ms. Wittman confirmed that currently the guidelines are "shoulds" not "shalls." Mayor Kozlowski stated he feels there is a part of City that should have "shalls" - i.e. to preclude a homeowner from applying shoddy siding, etc. The Council should discuss this in the future. Council consensus was to support the guidelines as suggestions, not requirements at this time. Nuisance Ordinance and Administrative Citations Discussion City Attorney Land reviewed a proposed revision to the City's nuisance and administrative citation ordinances, including the Administrative Citation process. She provided a proposed Charter Amendment that grants the explicit authority to enact an administrative citation and assessment process. The proposed nuisance and administrative citation ordinances clarify and consolidate existing nuisance ordinances; provide a streamlined enforcement process, including administrative citations; provide due process for contesting such citations; and provide a method for collecting or assessing citations against the property. The Council is asked to hold a public hearing on the Charter Amendment and then adopt the first reading of the Ordinance Amendments. The Council will take vote at tonight's meeting. Councilmember Junker asked if this will apply to subjective nuisances, for instance outdoor lighting on homes that shines directly into a neighbor's home; City Attorney Land replied the ordinance will address glare that projects directly onto someone's property. STAFF REPORTS Public Works Director Sanders reported that all restrooms are open. The annual street sweeping is beginning. Washington County held the bid opening for the Highway 36/Manning project and the low bid was $21 million, 10% lower than the engineer's estimate. He clarified that Minnesota Paving & Materials (MPM), which is being recommended for bid awards later tonight, is the former Tower Asphalt, which has done projects in the City for the past several years. The plaza holiday lights are down, so the barriers will be removed and the plaza swept by the end of the week. Police Chief Mueller shared updates on the Minneapolis police officer trial, substance abuse cases and emergency management. There were 36 applicants for the police officer openings. The Department is partnering with other agencies on mental health -related calls. He is working with Stillwater Township on Fairy Falls parking issues. There have been quality of life complaints such as skateboarding downtown and speeding on Highway 36. A grant has been received to help enforce speeds on Highway 36 and surrounding areas. Mayor Kozlowski asked staff to review skateboarding rules and asked the Council to consider designating skateboarding areas and regulate bad behavior, not simply prohibit skateboards. Councilmembers Polehna and Junker elaborated on problems that skateboarding causes downtown. Page 3 of 13 City Council Meeting April 6, 2021 Fire Chief Glaser presented the Stillwater Fire Department (SFD) 2020 Annual Report. In 2020 SFD responded to 1,938 emergency incidents. He reviewed 2020 Highlights and personnel who reached service milestones. He thanked citizens for the successful blood drive which collected 25 units of blood. He also stated burn restrictions are on but recreational fires are allowed. Finance Director Provos stated Accounting Specialist Tracy Anderson started Monday and Vanessa Norby, the new Assistant Finance Director, will start on next Tuesday. Community Development Director Turnblad presented a Building Department report showing rising activity levels. Councilmember Polehna thanked Building Inspector Cindy Shilts for working very cooperatively with contractors. City Clerk Wolf provided a Boards/Commissions interview update. City Administrator McCarty noted the City's Annual Report will be presented on April 20. Central Commons proposed development negotiation continues. Recruitment is underway for the Community Development Director position. Talks with the Chamber continue regarding hosting the World Championship Snow Sculpting Event. Library Director Troendle stated the library has expanded in -person service hours. RECESS Mayor Kozlowski recessed the meeting at 6:11 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 7:01 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Clerk Wolf City Attorney Land Community Development Director Turnblad City Planner Wittman Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Proclamation - Fair Housing Act Mayor Kozlowski read a Fair Housing Month Proclamation. Page 4 of 13 City Council Meeting April 6, 2021 Proclamation - National Organ Donation Awareness Month Susan Mau Larson, LifeSource, spoke about the need for organ donations. Councilmember Odebrecht explained how his family has been personally impacted by organ donation. Mayor Kozlowski read an Organ Donation Awareness Month Proclamation. Proclamation - Stillwater High School Boys Swimming & Diving Team, Swimmer Will Whittington Mayor Kozlowski read a Proclamation recognizing the accomplishments of Will Whittington of the Stillwater Area High School Boys Swimming and Diving Team. Will Whittington thanked the Council for the recognition. OPEN FORUM Todd Ganz, Integrity Land Development, spoke regarding Heifort Hills 2nd Addition and the previous Council denial of his ability to bring the private street onto Oak Glen Trail. He asked if he brings the private street out to where the staff member drew it, 140 feet from each intersection, may he continue developing this project? Mayor Kozlowski replied the issue probably cannot be resolved during the open forum. Mr. Ganz countered that the staff has stated numerous times he needs to ask the Council. His team have spent tens of thousands of dollars on this in doing it the way staff told them to do it and it is being denied. He would like to find out if he puts that street in the right spot, can he develop the property? Mayor Kozlowski stated he does not have the development information in front of him now so if Mr. Ganz wants an answer right now, he would say no. There is a process for bringing an application back to the Council if the developer makes significant changes to it. He stated Mr. Ganz could review the tape of the last meeting and find the answer there. Mr. Ganz answered it is difficult to communicate with the City as he was not put on the agenda to speak at that meeting. Mayor Kozlowski stated Mr. Ganz did not speak at the public hearing. Mr. Ganz stated he had his hand up and was not recognized. Councilmembers stated they did not see that. Councilmember Odebrecht recommended that Mr. Ganz consider meeting with some of the homeowners in the area to see if he can find a solution that is acceptable to everybody. Mr. Ganz stated they do not want a street coming out there, but he was told to buy that piece of property to put the street there because MnDOT would not let him go out onto Highway 96. Mayor Kozlowski suggested Mr. Ganz work with MnDOT to try to figure out how to convince them to let him punch the street out. He does not have a problem with the development, but it is the road that's the problem. Mr. Ganz stated MnDOT denied it three times. Page 5 of 13 City Council Meeting April 6, 2021 James Fisher asked the Council and staff to revisit the skateboarding rules for downtown from the perspective of individual behaviors, not necessarily banning an activity that he sees as very positive in community. Mayor Kozlowski stated the Council discussed skateboarding in the 4:30 meeting and asked staff to review the ordinance, look at what other cities have done and come back to the Council with some ideas. He added that now is a good time to start reaching out to community members to get momentum behind a possible effort to have a skate park. CONSENT AGENDA March 16, 2021 regular and closed session meeting minutes Payment of Bills Emerald Ash Borer Bulk Discount Treatment Program Agreement Resolution 2021-045, Resolution Amending Resolution 2021-002 Adopting 2021 Fee Schedule Resolution 2021-046, Resolution Approving the Addition of Additional License Premises Owned by Forge and Foundry Distillery Hardcourt Rehabilitation 2021 Project (Northland Park Pickle Ball Courts) Bid Award Laurel Street Stairway Repair Project Bid Award Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case 2021-13 to consider a request by JAM Freedom, LLC, and Jeff and Missy Hause (applicants) and Mark and Marlene Pavlick (property owners) for a 6 lot Preliminary Plat and Rezone from AP to RB. Property located at 8483 Marylane Ave N. City Planner Wittman reviewed the case. Jeff and Missy Hause, JAM Freedom LLC, plan to develop a 2.57-acre parcel at 8384 Marylane Avenue North. The preliminary plat for the project, to be known as Marylane Gateway Addition, shows six single family lots, one of which will contain the existing residence. The applicant has requested the City to approve: 1) a Vacation for existing drainage and utility easements; 2) a Zoning Map Amendment for 8384 Marylane Avenue North to be changed from AP - Agricultural Preservation to RB - Two Family Residential; and 3) Preliminary Plat for Marylane Gateway Addition. The request was heard by the Planning Commission and the Parks and Recreation Commission in March. The Parks Commission recommends acceptance of fees in lieu of park and trail land dedication. Because the hearing for the vacation of the drainage and utility easements was not properly noticed, the Council may conceptually approve the vacation tonight, but a standard hearing process will need to take place to formalize the vacation. Public comment regarding the tree removal was received from neighbor Scott Johnson who would like to see more tree preservation. The proposed tree removal is under the City's threshold but the developer plans to include more vegetation along the north property line to buffer the properties. Staff asks for an amendment to Condition #1 to add that the tree preservation and landscaping plan are now submitted and in conformance. Both the Planning Commission and City staff recommend approval of the requests with the 15 conditions. Page 6 of 13 City Council Meeting April 6, 2021 Councilmember Polehna asked for assurance that drainage will not go into neighboring yards because the City spent $100,000 a couple years ago to fix the water issues. Councilmember Junker added that all five lots appear to be in a low area. Public Works Director Sanders stated when the Marylane Drainage Project was done, the City accounted for future development of this property. The drainage way and pipes were designed to handle a single family development. The Council should also keep in mind that when these new developments occur, they are required to maintain a rate and volume control from existing to developed property so the water leaving the site does not increase. The original design for this project had two outlets and City staff informed the engineer this was not the way the City wanted it done because the City had spent funds to get the drainage to work better. Mayor Kozlowski opened the public hearing. Steve Johnston, Elan Design Lab, stated they have no issues with the recommended conditions. Plans have already been modified to address water drainage concerns expressed by staff. They are working with staff to resolve all the engineering issues. Scott Johnson, 1444 Monterey Court, requested a buffer behind his home which is behind Lot #6. All the homes to the south have a buffer behind them. He would like a similar buffer through this development as done for the development to the south. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt Resolution 2021-047, A Resolution Approving a Preliminary Plat for Marylane Gateway Addition, Case No. 2021-13, with the 15 conditions recommended by staff, with Condition #1 amended to reference the new tree preservation and landscaping plan, and to adopt first reading of an Ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately three acres to RB, Two -Family Residential. All in favor. To consider amending the Stillwater City Charter regarding Administrative Citations City Attorney Land explained that the proposed Charter amendment would add the ability for the City Council to consider enacting an ordinance regarding administrative citations for code violations, and the ability to assess them for non-payment. The Charter Commission and staff recommend approval. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt first reading of an Ordinance amending the Charter of the City of Stillwater. All in favor. UNFINISHED BUSINESS There was no unfinished business. Page 7of13 City Council Meeting April 6, 2021 NEW BUSINESS An Ordinance Repealing and Replacing Stillwater City Code Chapter 38 regarding Nuisances, Section 22-10, 22-11, and 22-12 regarding Administrative Citations and Civil Penalties, Background Checks, and Administrative Offenses, Enacting Section 52-19 regarding Noise Control and Regulations, and Repealing Chapter 40 regarding Abandoned Vehicles Ms. Land stated this is related to the previous action amending the City Charter. The proposed ordinance brings all nuisance sections of code into one place for efficiency. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt first reading of an Ordinance Repealing and Replacing Stillwater City Code Chapter 38 regarding Nuisances. All in favor. Request for Consideration of the Sale of Public Land City Administrator McCarty informed the Council that Nathan Landucci of Landucci Homes has a purchase agreement for several pieces of property at the northeast corner of 3rd and Myrtle for the purpose of developing a 54-unit market rate apartment building. In order to construct the building as conceptually planned, an irregular, 2,125 square foot strip of City owned property would be needed. The City purchased the strip of property when the development agreement was done for the City parking ramp. If the City Council conceptually approves the requested land sale, the apartment building's walls would replace the function of the retaining walls. A structural engineer's review of the existing foundation and retaining walls at the proposed development site concludes that the poured concrete retaining wall is not reliant upon the bridge structure for support, and vice versa, so the poured concrete retaining wall may be partially removed without affecting the structural integrity of the existing bridge structure, and the existing modular block retaining wall may be removed and replaced with the new building's foundation, provided setbacks and grading/elevations do not undermine the adjacent structure's foundations. Council consensus was the property is not for sale. Lot 4 Block 11 Sabin's Addition to Stillwater Encroachment Agreement City Planner Wittman stated that Victor Hammer, Tyler Morris and Justin Rees have requested Council approval of an Encroachment Agreement for a driveway extension down the platted but undeveloped William Street North right-of-way, north of 408 William Street North. Given a driveway has been in existence for 30 years without challenge and this one additional property is the only property that could be developed and accessed from this ROW, and the property owners are in agreement to the shared use of the existing driveway, staff recommends the Council conceptually approve the driveway extension request. Councilmember Junker noted there is a huge lot to the north. He questioned the potential for another lot with this driveway extension; and Ms. Wittman answered from 408 William Street there is only one 50-foot property. The property owners only want to get to that point where they can pull into a driveway and then turn around. Because of the location of the steep slope, it would not be permissible to extend the driveway beyond the Morris/Rees property. Public Works Director Sanders stated the driveway is very tight. He voiced concern that 408 probably has sewer and water in that driveway and extending another service to the new Page 8 of 13 City Council Meeting April 6, 2021 property may not leave enough room in the right-of-way for what is essentially four services to serve the two homes. He will need to look at the site more closely to see if that sewer service will work. Another option is for them to have an ejector pump to pump everything back to Linden Street. Mayor Kozlowski pointed out what is being asked is conceptual, dependent on all these things being worked out. Tyler Morris, applicant, stated his mother owns 726 Linden, so it is essentially right in the backyard. He knew there would be extraordinary challenges building back there. He has explored pumps and other means to extend utilities and has agreed that after construction, he would replace Mr. Hammer's entire driveway. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to conceptually approve the encroachment agreement for Lot 4 Block 11 of Sabin's Addition for a driveway extension down the William Street North right-of-way. Motion passed 4-1 with Councilmember Junker voting nay. Temporary Outdoor Sales Permits with Amendment to Liquor License for Temporary Outdoor License Premise Community Development Director Turnblad presented proposed guidelines for the issuance of the 2021 permits and a proposed Resolution. The Council is asked to: 1) adopt the 2021 OSA Program Resolution; 2) approve as a single "consent" action all the OSA permits that remain unchanged from last year including Brick & Bourbon (Water Street only), Brians (Water Street only), Maple Island Brewery, The Lumberjack, Norman Quack's, Lolito's, La Carreta's, Oasis Cafe and Meister's; 3) consider approval individually of the permit applications that have changed or have aspects inconsistent with the OSA program to include Pat Wolf, The Zephyr Theater, and The Velveteen; 4) approve the Leo's Malt Shop request for two on -street parking spaces on Main Street adjacent to the restaurant for use by customers as curbside pickup spaces; and 5) adopt the Liquor License Amendment Resolution for the applicable OSA Program businesses. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt Resolution 2021-048, A Resolution Approving Temporary Waiver of City Code Permit & Zoning Requirements to Promote Business Activities During the COVID-19 Health Pandemic. All in favor. Motion by Councilmember Collins, seconded by Councilmember Polehna, to approve as a single "consent" action all nine of the OSA permits that remain unchanged from last year (Brick & Bourbon (Water Street only), Brians (Water Street only), Maple Island Brewery, The Lumberjack, Norman Quack's, Lolito's, La Carreta's, Oasis Cafe and Meister's). All in favor. Mr. Turnblad reviewed the individual permit in detail for Pat Wolf who is asking to use the private area for outside seating, to have food and beverage service, to serve alcohol and to have outdoor amplified music. A liquor license may only be extended if there is already an existing liquor license, so that would not apply in this case. Ms. Wolf also would like to allow local musicians to provide music via an outdoor sound system. Outdoor amplified music is not allowed without a conditional use permit. Staff recommends approval of the outside seating, food and beverage service, but not the alcohol sales or the amplified outdoor music. Page 9 of 13 City Council Meeting April 6, 2021 Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to approve the OSA permit for Pat Wolf with no liquor or amplified outdoor music. All in favor. Mr. Turnblad reviewed the permit requested by Zephyr Theatre who would like outdoor seating, extension of their liquor license, and an outdoor sound system, which would require an amendment to their conditional use permit. Mayor Kozlowski stated he is not opposed to outdoor productions, but would prefer to consider it under their conditional use permit for a more permanent provision, rather than as one of these COVID-related temporary business support measures. Councilmember Junker remarked that he got a lot of complaints on the theatre loudness from neighbors last year. Councilmember Polehna stated the Zephyr Theatre is a real asset to the community. He would like to work through it under the conditional use permit. Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the Zephyr Theatre outdoor seating permit, add the parking lot to the premise under their liquor license, and revisit the noise aspect of their request at another time. All in favor. Mr. Turnblad presented the request from The Velveteen which is asking for permission to serve in the on -street spaces and the sunken garden as they did last year, also amend their liquor license to include the outdoor seating area. This is before the Council because the sunken garden public park is not routinely allowed to be used for private purposes. Last year staff recommended against it and the Council approved it. Staff still recommends not allowing use of the sunken garden park. However staff added two recommended conditions if the Council wants to allow it. Mayor Kozlowski stated the sunken garden park was cleaned up by The Velveteen and is gorgeous now. He would like to make people aware they can still use that park even without being customers of The Velveteen. Councilmember Odebrecht remarked, not about The Velveteen, but about all the outdoor spaces, that business owners should be aware that using these public spaces is a privilege, so please ensure they look nice. Mayor Kozlowski added that businesses also need a bit of certainty that they will be able to use these parklets for a longer period of time to justify their investment in making them look nicer. Mr. Turnblad stated a permanent program establishing guidelines outlining the private use of public spaces is on the to-do list. Motion by Councilmember Junker, seconded by Councilmember Collins, to grant The Velveteen the use of three on -street parking spots, the use of the sunken garden, and an amendment to their liquor license with the two staff -recommended conditions. All in favor. Mr. Turnblad explained that Leo's Malt Shop would like the use of two curbside pick-up spaces. Staff recommends approval. Motion by Councilmember Collins, seconded by Councilmember Polehna, to approve the use of two temporary curbside pick-up spaces for Leo's Malt Shop. All in favor. Page 10 of 13 City Council Meeting April 6, 2021 Mr. Turnblad presented the resolution granting the liquor license amendments to those businesses that will be serving alcohol outside. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2021-049, Resolution Approving Amendment to Liquor License for Additional Temporary Outdoor License Premises. All in favor. Hwy 36/Manning Ave Interchange Project - Lake Elmo Maintenance Agreement, MnDOT Cooperative Construction Agreement, and Washington County Cooperative Maintenance Agreement Public Works Director Sanders explained that as part of the TH 36/Manning Avenue Interchange Project, a retaining wall is being constructed on the west side of Manning Avenue North, south of the intersection of the future 58th Street. The wall is located in the City of Lake Elmo, but supports the road located in the City of Stillwater. Lake Elmo has asked that Stillwater be responsible for future maintenance of the wall and in return, Lake Elmo will be responsible for winter maintenance of Manning Avenue North. Washington County and Lake Elmo will be responsible for all construction costs of the retaining wall. Staff has reviewed the proposed Maintenance Agreement and recommends approval. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt the Lake Elmo Maintenance Agreement. All in favor. Mr. Sanders stated that the Minnesota Department of Transportation (MnDOT) is requiring a Cooperative Construction Agreement with the City for two maintenance items on the TH 36/Manning Avenue Interchange Project once the project is complete: minor signal maintenance of the two traffic signals including the cost of electricity and luminaire replacement on the signals, and maintenance of the retaining wall on the west side of Manning Avenue south of the intersection of 58th Street. Staff has reviewed the Cooperative Agreement and recommends approval. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2021-050, Accepting Agreement No. 1036984 with MnDOT at Intersection of Hwy 36 and Manning Ave. (Project 2020-07). All in favor. Mr. Sanders reviewed Washington County's proposed Cooperative Agreement for Maintenance on the Manning and TH 36 Interchange Project. The agreement describes the responsibilities for street and trail utilities and retaining walls in each agency's right -of way. Staff recommends approval. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to approve the Washington County Cooperative Maintenance Agreement. All in favor. 2021 Sidewalk Rehabilitation Project Order Preparation of Feasibility Report Mr. Sanders reviewed the proposed 2021 sidewalk rehabilitation project. $50,000 has been budgeted. The 2021 project will focus on areas in Liberty Square, Heritage Park, Settlers Glen, 6th Avenue, and individual requests by residents. Staff recommends the Council authorize preparation of a feasibility report. Page 11 of 13 City Council Meeting April 6, 2021 Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2021-051, Ordering Preparation of Feasibility Report for 2021 Sidewalk Rehabilitation Project (Project 2021-06). Motion passed 4-0-1 with Mayor Kozlowski abstaining. 2021 Street Improvement Project Bid Award Mr. Sanders informed the Council that the low bid submitted for the 2021 Street Improvement Project was $1,627,072.54 from MPM. The bid was 14.5% lower than the engineer's estimate. Staff recommends that the Council accept the bids and award the contract to MPM. He mentioned staff is still working on residents' concerns on Marylane. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2021-052, Accepting Bid and Awarding Contract for 2021 Street Improvement Project (Project 2021-02). All in favor. St. Croix Rec Center Parking Lot Improvement Project Bid Award Mr. Sanders stated that the lowest bid for the St. Croix Valley Rec Center Improvement Project was $227,845.95 submitted by MPM. This was lower than the $300,000 budgeted. Staff recommends that the Council accept the bids and award the contract to MPM. Since the bids came in low, Rec Center Manager Brady has asked for consideration of including the back parking lot. Staff will check to see if that lot could also be included in the project while remaining under budget. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2021-053, Accepting Bid and Awarding Contract for St. Croix Valley Rec Center Complex Improvement Project (Project 2021-04). All in favor. Authorize Council Representative to 2019 Street Improvement Project Assessment Mediation City Attorney Land stated that after the 2019 Street Improvement Project, many property owners along Second Street North appealed their assessments. At this point only five cases remain. The five cases were consolidated by agreement and the matter is scheduled for mediation on May 14, 2021. The Council is asked to authorize a representative of the City to attend mediation with the authority to enter into a binding settlement. Mayor Kozlowski volunteered to be the City representative. Motion by Councilmember Polehna, seconded by Councilmember Junker, to appoint Mayor Kozlowski as the City representative for the 2019 Street Improvement Project Assessment Mediation. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna stated a Bridge the Valley Bike Rally is being planned for August 15 as part of the bridge/loop trail grand opening activities. He also is working with various groups on Fourth of July Fireworks and the World Snow Sculpting Competition. Councilmember Collins requested that the Council consider supporting a plaque for baseball player John W. "Bud" Fowler at the Old Athletic Field, in coordination with the Washington County Historical Society. Page 12 of 13 City Council Meeting April 6, 2021 Motion by Mayor Kozlowski, seconded by Councilmember Polehna, to provide a letter of support for the placement of a plaque for Bud Fowler at the Old Athletic Field. All in favor. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 9:02 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2021-045, Resolution Amending Resolution 2021-002 Adopting 2021 Fee Schedule Resolution 2021-046, Resolution Approving the Addition of Additional License Premises Owned by Forge and Foundry Distillery Resolution 2021-047, A Resolution Approving a Preliminary Plat for Marylane Gateway Addition, Case No. 2021-13, with the 15 conditions recommended by staff, with Condition #1 amended to reference the new tree preservation and landscaping plan, and to adopt first reading of an Ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately three acres to RB, Two -Family Residential Resolution 2021-048, A Resolution Approving Temporary Waiver of City Code Permit & Zoning Requirements to Promote Business Activities During the COVID-19 Health Pandemic Resolution 2021-049, Resolution Approving Amendment to Liquor License for Additional Temporary Outdoor License Premises Resolution 2021-050, Accepting Agreement No. 1036984 with MnDOT at Intersection of Hwy 36 and Manning Ave. (Project 2020-07) Resolution 2021-051, Ordering Preparation of Feasibility Report for 2021 Sidewalk Rehabilitation Project (Project 2021-06) Resolution 2021-052, Accepting Bid and Awarding Contract for 2021 Street Improvement Project (Project 2021-02) Resolution 2021-053, Accepting Bid and Awarding Contract for St. Croix Valley Rec Center Complex Improvement Project (Project 2021-04) Page 13 of 13 Page 1 CITY OF STILLWATER LIST OF BILLS Access Corp Ace Hardware Action Rental Inc. Advance Auto Parts Amdahl Locksmith Inc Chris Animal Humane Society Aspen Mills AutoNation B J Haines Tree Service Barnum Gate Services Becker Fire Safety Services LLC Beehive Industries LLC BHE Community Solar BlueCross BlueShield of MN Inc. Bolton and Menk Inc. Brownells Inc CalAtlantic Homes Century Power Equipment Cintas Corporation Clifton LarsonAllen LLP Comcast Community Thread Compass Minerals Computer Integration Technologies County Materials Corporation Dalco DLT Solutions LLC ECM Publishers Enterprise FM Trust Environmental Equipment & Services FleetPride Gertens Wholesale Gopher State One Call Inc. Guardian Supply H&L Mesabi Haussner Plumbing LLC Hawkins Inc Herzog Bonnie Herzog Engineering LLC Hoisington Koegler Group Inc Holmquist Seth IAFC Membership Instrumental Research IState Truck Center Jefferson Fire and Safety Inc. Kelly & Lemmons PA Kwik Trip Inc Document destruction services Supplies Invisible dog fence trencher rental Supplies Locksmith services Pound charges Uniform & Badges Vehicle repair supplies Tree removal Gate repair Annual fire extinguisher service Sewer Backup Enhancement Solar Energy Retiree Health Ins Lift station repairs - Greeley & Market PI Supplies Grading Escrow Refund 3671 Summit Ln Filters Mat & uniform cleaning service Audit Internet & TV Contribution Salt Heirloom & Landmark Website Building materials Supplies Annual Subscription Public hearing publications Lease vehicles Equipment Equipment repair supplies Fertilizer Locates Uniforms & supplies Equipment repair supplies Ped Plaza restroom repair Chlorine UB Refund Retaining wall assessment - Landucci 224747 Professional services Park Fee Refund Membership Equipment repair supplies Equipment repair supplies Key fire hose Prosecution Fuel 139.20 266.95 185.00 254.84 329.20 196.00 460.09 57.75 1,050.00 427.00 742.30 3,040.00 4,066.18 6,043.50 9,732.50 346.91 1,500.00 40.21 881.02 4,300.00 159.14 5,250.00 1,594.68 67.50 1,352.57 1,241.33 2,346.32 57.00 10, 366.04 414.96 30.06 7,065.35 251.10 137.98 3,251.20 350.00 3,410.16 224.00 1,400.00 5,301.75 160.00 265.00 200.00 383.68 228.37 7,397.00 16.75 Lakeview Hospital League of MN Cities Ins Tr Lincoln National Life Insurance Co Loffler Companies MacQueen Equipment Inc. Mansfield Oil Company Marshall Electric Company Menards Metal Doctor Metro Chief Fire Officers Assn Metropolitan Council Miller Excavating Minnesota Occupational Health MK Mechanical Inc MN Dept of Labor and Industry Municipal Emergency Services My Alarm Center Nardini Fire Equipment Nuss Truck & Equipment Office Depot OnSite Sanitation Performance Plus LLC Pollard Water Pro-Tec Design Quill Corporation Rehn Code Consulting Services Richard Cowell Tactical Sams Marine Inc Sherwin Williams Simplifile LC Springbrook Software SRF Consulting Group Stillwater Motor Company Stillwater Rotary Club Summit Companies SW/WC Service Cooperatives Sylvander Heating TBEI Inc/Crysteel Manufacturing Tennant Sales & Service Co. Thomson Reuters TKDA Toll Gas and Welding Supply Tousley Motorsports Tri-State Bobcat Uline Inc Veterans Memorial Vinco Inc Voyant Communications Wash. Cty Historical Society Legal blood draws Claim #109028 Life Insurance IT Professional Services SCBA flow test and service Fuel Electrician services Supplies Equipment repair supplies Membership Wastewater Charge & SAC Water repairs Drug screens Boiler replacement Quarterly Surcharge Vulcan 180 Standard System Alarm Monitoring Services Inspection Equipment repair supplies Office supplies Portable Restroom Drug screen Equipment repair supplies Alarm monitoring File folders Plan Review Uniform supplies Vehicle repair charges Stripe paint Filing fees Monthly UB web payments 200 Chestnut St Traffic Impact Study Brake repairs #217 Membership Annual Sprinkler Inspection Retiree Health Insurance Nelson ST bathroom Equipment repair supplies Equipment repair supplies Information Charges Chestnut St Civic Plaza Cylinders Supplies Equipment repair supplies Repair supplies Super Valu Parking Repair play structure Phone Contribution Page 2 50.00 1,000.00 20.08 1,459.76 2,917.50 3,078.79 2,654.00 1,456.38 336.23 100.00 174,456.17 6,597.92 442.75 41,976.65 6,291.48 366.28 422.52 108.15 114.94 731.48 1,720.00 254.00 395.78 408.40 21.58 3,979.06 589.00 360.02 383.12 250.00 222.00 542.80 445.69 200.00 891.00 53,403.40 7,900.00 6,141.57 714.80 150.59 26,948.61 45.38 220.79 156.38 2,655.19 4,347.00 3,678.95 558.47 3,750.00 Page 3 WasteZero Big Belly 291.00 Wilson McShane Unpaid leave - Carey 1,325.00 Xcel Energy Energy 22,062.55 Youth Service Bureau Contribution 2,750.00 LIBRARY Baker and Taylor Programs 61.50 Blackstone Audio Materials 478.88 Brodart Co Materials 2,150.16 Calyx Design Group 4th St Lawn Design Preliminary Master Plan 5,500.00 Culligan of Stillwater Water 21.65 KidCreate Studio/Get Messy Programs 200.00 Midwest Tape Materials 1,101.72 Music Together in the Valley Programs 300.00 Office of MN IT Services Telephone - March 143.70 Tan Ni Programs 700.00 Washington County Master Gardeners Programs 100.00 MARCH CREDIT CARDS 4lmprint Night to unite promo items 949.56 Alliance for Innovation TLG Event Registration 199.00 Amazon.com Supplies 1,115.42 American Library Association Supplies 26.99 Backgroundchecks.com Back ground checks 121.35 Cabelas.com Gun cleaning supplies 81.53 Dream Host Website Hosting 21.45 Facebook.com SPD Facebook Acct - social media fees 9.00 GoDaddy.com Lumberjack Days Domain Renewal 36.34 Grant Writing USA Grant writing class 910.00 Hawkshead Systems Inc Cap sensor for valve stem 51.00 IAPE Membership 50.00 ICMA Local Planning book 93.04 L.T.G.Power Scraper blade for blower 21.48 Lathem Time Time cards 132.22 Lowes Home Centers Inc. Cordless shop vac 233.92 Menards Online Supplies 150.22 MN AWWA Virtual Operator School 100.00 MN Government Finance Officers Membership 70.00 National Registry of Emergency Medical Tech Renewal 80.00 Nature -Watch Programs 104.26 Office Depot Staplers for inspectors 121.01 Opentip.com Programs 481.39 The Business Journals Materials 150.00 Walmart Thermometers for Evidence Room 63.44 Workrite Ergonomics Replacement parts for sit stand desks in PD 264.61 Page 4 MANUALS Comcast TV Internet & Voice 668.10 Group Medicareblue RX Retiree Prescriptions 4,224.65 Lincoln National Ins Life Ins 16.48 Tan Ni Programs 350.00 The Jon & Cheryl Ustipak Family Tr Easement Acquisition 23,700.00 Wilson McShane Unpaid leave premium 662.50 Xcel Energy Energy 28,780.19 City of Stillwater Washington County, Minnesota ORDINANCE NO. 1164 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF STILLWATER, ARTICLE 15, GENERAL PROVISIONS The City Council of the City of Stillwater does ordain: SECTION 1 ENACTING. That Article 15, General Provisions, of the Stillwater City Charter is hereby amended by adding the following: 15.10 Administrative Civil Penalties. The City Council may establish by ordinance a procedure for imposing an administrative civil penalty which shall not exceed twice the maximum fine amount authorized for misdemeanor offenses for violations of the City Code or violations authorized by state law for an administrative process. The procedure must provide for notice to the accused and for an opportunity to be heard by a neutral party, who may be a non -City employee. SECTION 2 ENACTING. That Article 15, General Provisions, of the the Stillwater City Charter is hereby amended by adding the following: 15.11 Assessment of Unpaid Penalties. The City Council may provide by ordinance that unpaid administrative civil penalties the City imposes as a result of certain violations be assessed against the property that was the subject of or related to the subject matter of the penalties. The ordinance must provide that the City first attempted to obtain voluntary payment of the penalties. The ordinance must also require the City to give notice and an opportunity to be heard to the property owner listed on the official tax records before the assessments are imposed. The assessments must be collected like special assessments. SECTION 3 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 4 EFFECTIVE DATE. This Ordinance shall be effective 90 days after its passage and publication according to law. Approved this 20th day of April, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota ORDINANCE NO. 1163 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS BY REZONING APPROXIMATELY THREE ACRES TO RB, TWO-FAMILY RESIDENTIAL Case No. 2021-13 The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: SECTION 1 AMENDING. The zoning of the property, legally defined on Exhibit A and visually represented in Exhibit B is hereby amended to RB, Two -Family Residential. SECTION 2 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after publication according to law. SECTION 3 PUBLICATION. This Ordinance shall not be published until the Final Plat is approved by the City Council. SECTION 4 SAVING. In all other ways the Stillwater City Code shall remain in full force and effect. Approved this 20th day of April, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A Legal Description Lot One (1), Block One (1), Rivards Addition, according to the recorded Plat thereof on file and of record in the office of the Register of Deeds in and for said County and State; also that portion of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 19, Township 30 North, Range 20 West, described as follows: Commencing at the intersection of the Southerly line of right-of-way of Stillwater and Saint Paul Railroad Company with the Westerly line of township road running Northerly and Southerly along the East side of the West One-half (W 1/2) of the Southwest Quarter (SW 1/4) of said Section 19 as said township road is now located; thence Southerly along the Westerly line of said township road One Hundred Twenty-five feet (125') to a point; thence Westerly and parallel with the Southerly line of right-of-way above mentioned One Hundred Twenty-five feet (125') to a point; thence Northerly and parallel to the westerly line of the said township road One Hundred Twenty-five feet (125') to a point on the Southerly line of the said right-of-way; thence Easterly along the Southerly line of said right-of-way One Hundred Twenty-five feet (125') to the place of beginning. 2 EXHIBIT B 12194 I 34905-� H • till net d 3484 34 t 3 i•nrl-Tit0) 122 344 87T14; Y /� • d� 3483 3481 347� r 0 ,- COUNTY ROAD 64 - .-.-----. 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T...--r <x ^ice 3 � ... » ' . 3 RESOLUTION 2021- RESOLUTION APPROVING LEASE OF DOCK SPACE FROM ST CROIX BOAT & PACKET WHEREAS, the City Council of the City of Stillwater wishes to provide short term docking to the boating public for free; and WHEREAS, St Croix Boat & Packet, has agreed to grant the City of Stillwater a Lease of Dock Space on docks they own on the St Croix River, in the location shown in Exhibit A. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby approves the above described lease between St Croix Boat & Packet and the City of Stillwater, dated April 20, 2021 subject to the terms found in the lease as well as the following terms and conditions: 1) St Croix Boat & Packet will offer electricity and water to the boating public at a reasonable price. 2) Use of slips will be free of charge to the public. 3) Overnight stays will be allowed at the four most southerly slips. But only at these four slips. 4) Overnight stays are limited to three consecutive nights. Adopted by the Stillwater City Council this 20th day of April, 2021. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Exhibit A ' r T `" y r p 1 % ' ;.. F �` -:To 1_- 'csy� ,„ . ` �.. _ E K 1: �� ri y '' , . .9 ' , ' ` 4 ti, / • / e, N '�st- � e v ; _ q, LItih a +F ri, cirr h q1� f �, qy s: 96 AV O y �,.\ s �} s X (City lease area (outlined iri blue}: 1)slipsonwestsideof St Croix Boat & Packet dock 2) access to slips over St Croix Boat & Packet dock ; ��: / . ,, _ i, i p r • 'e. St. Croix Boat & Packet office it ,.� ,.,� 2021 LEASE St. Croix Boat and Packet, Lessor, hereby grants to The City of Stillwater, Tenant, a Lease of the Dock Space on the St. Croix River as shown on the map attached as Exhibit 'A', Stillwater, Minnesota 55082, on the following terms: 1. Rent of $16,000 for the 2021 boating season, amounts due on the 1st of each month beginning May 1st, 2021 through October 1st, 2021 to be mailed to Lessor at the following address: 225 Nelson Street, Stillwater, MN 55082. 2. Lessor shall pay the following expenses: electricity, if any, and garbage removal and any needed insurance on the Lessor's premises not under lease to Tenant. Lessor must allow public ingress and egress across their property to access the Leased Premises. 3. Tenant must keep the space clean and in good condition. Reasonable wear and tear is permitted; however, any unreasonable damage to the premises will be assessed by inspection and the cost of any repairs will be paid by Tenant. 4. Tenant must notify Lessor before performing any improvements or repairs. 5. Tenant is responsible to provide insurance coverage for Tenant's use of the property and equipment, and any business or public activity it conducts on the premises, including liability insurance equal to the municipal tort limits established by Minnesota law. 6. Tenant's rights under the Lease are exclusive to Tenant and non —assignable, and may not be sublet, except by written approval of the Lessor. 7. Lessor and Tenant must provide to the other contact information, including telephone numbers that the Lessor and Tenant can reach one another at and emergency telephone numbers of persons to be contacted in case of emergency. IN WITNESS WHEREOF, The City of Stillwater, Tenant, and St. Croix Boat and Packet, Lessor, have executed this Lease this 20th day of April, 2021. TENANT: LESSOR: The City of Stillwater St. Croix Boat and Packet Exhibit A City lease area (outlined in blue): 1) slips on west side of St Croix Boat & Packet dock 2) access to slips over St Croix Boat & Packet dock • ., St. Croix Boat & Packet office City of Stillwater Washington County, Minnesota ORDINANCE NO. 1165 AN ORDINANCE REPEALING AND REPLACING STILLWATER CITY CODE CHAPTER 38 REGARDING NUISANCES, REPEALING AND REPLACING SECTION 22-10, 22-11, AND 22-12 REGARDING ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES, BACKGROUND CHECKS, AND ADMINISTRATIVE OFFENSES, ENACTING SECTION 52-19 REGARDING NOISE CONTROL AND REGULATIONS AND REPEALING CHAPTER 40 REGARDING ABANDONED VEHICLES The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: SECTION 1 REPEAL AND REPLACE. Chapter 38 of the City Code, Nuisances, is hereby repealed and replaced as follows: CHAPTER 38 - NUISANCES Sec. 38-1 - Generally. Subd. 1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: Abatement. Includes, but is not limited to the removal, stoppage, extermination, eradication, cleaning, cutting, mowing, grading, repairing, draining, securing, barricading, fencing, demolishing or destroying that which causes or constitutes a nuisance. Annoyances. Any condition that unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public. Compliance Deadline. Either 48 hours after the notice is received or posted or such other date by which the nuisance must be removed, as specified in the notice. Emergency Abatement. The abatement of the nuisance by the city, or a contractor employed by the city, by removal, repair or other acts without notice to the owner, agent or occupant of the property except for the notice required by this code. Enforcement Officer. Any employee or agent enumerated in City Code § 58-1 or any duly authorized representative thereof. Garbage. Junk, trash, refuse, rubbish, litter, rubble, paper discarded articles, debris or matter of any kind or form not cared for, discarded, abandoned or not concealed within an enclosure. Obstructions. Objects or conditions that interfere with, endanger or prevent the ordinary or safe use of any property including public right-of-way. Owner. Any person shown to be the property owner of record. Property. Any real property, premises, structure or location on which a public nuisance is alleged to exist. Public Nuisance or Nuisance. Any substance, matter, emission or thing that creates a dangerous or unhealthy condition or that threatens the public peace, health, safety or sanitary condition of the city or that is offensive or has a blighting influence on the community and is found upon, in, being discharged or flowing from or onto any street, alley, highway, vehicle, water, excavation, building, erection, lot, grounds or other property located within the city or any offense that is deemed or declared to be a public nuisance by the City Code. Responsible Party. Any one or more of the following: (1) Agent; (2) Contract for deed holder; (3) Mortgagee or vendee in possession; (4) Lessee; or (5) Other person, firm or corporation exercising apparent control over a property. Unsheltered Storage. Includes but is not limited to: machinery, implements, equipment, or personal property, worn out or discarded material, household appliances or parts, tools, building materials, tin cans, glass, furniture, mattresses, box springs, crates, cardboard, tires or any other unsightly debris, brush or materials, the accumulation of which may have an adverse effect upon the neighborhood or property values, health, safety or general welfare of the public. Public nuisance. Public nuisance includes, but not limited to, the following: (1) Violations of City Code Chapter 29 (sewers); (2) Violations of City Code § 31-1 & 2 (building permits); (3) Violations of City Code § 31-509 (sign regulations); (4) Violations of City Code § 35-25 (fertilizer and pesticide restrictions); (5) Violations of City Code § 35-26 (stormwater management practices); (6) Violations of City Code § 38-2 (general health provisions); (7) Violations of City Code § 38-3 (public nuisance affecting morals and decency); (8) Violations of City Code § 38-4 (unsheltered storage and inoperable or abandoned motor vehicles); (9) Violations of City Code § 52-7 (depositing certain materials upon streets); (10) Violations of City Code § 52-13 (illegal posting); (11) Violations of City Code § 52-19 (noise control and regulation); (12) Grass or weeds that have grown to a height of eight or more inches or that have, or are about to go to seed, except fields of prairie grasses, lots under construction or otherwise excepted by the city; (13) Obstructions, which include, but are not limited to: (a) Snow and ice not removed from public sidewalks within 24 hours after its accumulation. 2 (b) Rain, ice or snow or wastewater falling or flowing from private property or buildings onto public property, except gutters, drainage ways and storm sewers. (c) Use of public street or sidewalk or use of property abutting a public street or sidewalk that causes large crowds of people to gather, blocking or obstructing traffic, streets or sidewalks, except in accordance with the regulations of the city. (d) Signs, awnings, vegetation or other objects located on private property that are not constructed and maintained as required by law that prevent persons from having a clear view of all traffic approaching an intersection, or that overhang and obstruct public property. (e) Digging, excavating or doing any act that alters or effects the drainage of property or alters or effects flows of the public storm sewer and drainage ditch system, except in accordance with the regulations of the city. (f) Depositing snow onto a neighbor's property or into the right-of-way. (14) Annoyances, which include, but are not limited to noises, odors, vibrations or emissions of smoke, fumes, gas, soot, cinders or ash; (15) Direct sky -reflected glare directed into any adjoining property where the bare lightbulb is in view of adjacent property or public street. (16) Engaging in any business, activity or conduct that is dangerous, hurtful, unwholesome, offensive or unhealthy to the neighborhood, or which constitutes an annoyance to considerable members of the public, or is detrimental to the property in the neighborhood or to the general public including but not limited to, chronic traffic congestion, noisy or late night parties or gatherings that disturb the repose of neighboring property owners, excessive or unreasonable amounts of otherwise lawful parking that causes the unsafe narrowing of traffic lanes and which parking is caused by crowds associated with parties or social gatherings; abusive or threatening language or gestures by residents of the property directed at adjacent or neighboring property owners; a property that is the location of gatherings of juveniles and residents or guests have received citations for underage consumption or the owner of the property has received a citation for allowing or aiding or abetting juvenile consumption; a property that has been allowed to physically deteriorate and has not been maintained and the neglect has measurably lessened the market value of nearby property in the opinion of an appraiser hired by the city for that purpose; (17) Permitting, suffering, maintaining or failing to remove any offensive, nauseous, hurtful, dangerous or unhealthy condition resulting from a failure to properly dispose of garbage, sewage, waste, debris or any other unwholesome or offensive substance, liquid, or thing upon one's premises, or dropping, discharging, passing, depositing or otherwise delivering the same upon the premises of another or public property; (18) Constructing, maintaining, permitting or suffering upon one's property any billboard, sign, poster or advertisement, or to post, publish, promulgate, 3 broadcast, display, issue or circulate any insulting, profane or abusive emblem, sign or device, or blasphemous written or printed statement, calculated or such as is likely to cause a breach of the peace; (19) Displaying, circulating, issuing, posting or publishing any slanderous or obscene, immoral or lewd pictures, posters, literature, writings, drawings or oral statements; (20) Any fence, wall, shed, deck, house, garage, building, structure, tree, pole, smokestack, excavation, hole, pit, basement, cellar, sidewalk, dock, lot, land, yard, premises or location which by reason of the condition in which it is found or permitted to be or remain, does or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the city; and (21) Any other activity, place or thing that is defined in this code as a nuisance or public nuisance or any other violations of the city code or zoning ordinance that are a danger to the health, safety and general welfare of the citizens of the city. Sec. 38-2 - Public Nuisances Affecting Health. The following are hereby declared to be nuisances affecting health: (1) Exposed accumulation of decayed or unwholesome food or vegetable matter; (2) All diseased animals running at large; (3) All ponds or pools of stagnant water; (4) Carcasses of animals not buried or destroyed within 24 hours after death; (5) Accumulations of manure, refuse or other debris; (6) Privy vaults and garbage cans which are not rodent -free or fly -tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances; (8) The discharging of any nonstormwater to the city stormwater system discharge to street or storm drain system may occur. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: (a) The following discharges are exempt from discharge prohibitions established by this ordinance: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water; (7) 4 (b) Discharges or flow from firefighting, and other discharges authorized by the city in writing that are necessary to protect public health and safety; (c) Discharges associated with dye testing, however this activity requires verbal notification to the city prior to the time of the test; The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and further provided that written approval has been granted for any discharges to the storm drain system. (9) All noxious weeds and other rank growths of vegetation upon public or private property; (10) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; (11) Installing or operating of an outdoor wood boiler. Outdoor wood boiler means any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of solid fuel, including but not limited to wood, wood pellets, and corn, that produces heat or energy used as a component of a heating system providing heat for any interior space or for domestic water consumption. Outdoor wood boilers do not include natural gas -fired fireplace logs, wood -burning fireplaces or wood stoves in the interior of a dwelling nor do they include bar-b-que grills or outdoor open air recreational fires. (12) All public exposure of people having a contagious disease; (13) Any offensive trade or business as defined by statute not operating under local license; and (14) All unnecessary and annoying vibrations. Sec. 38-3 - Public Nuisances Affecting Morals And Decency. The following are hereby declared to be nuisances affecting public morals and decency: (1) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; (2) Betting, bookmaking and all apparatus used in those occupations; (3) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (4) All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining that place. For the purposes of this section, 5 (5) Intoxicating Liquor shall mean any ethyl alcohol, distilled, fermented, spirituous, vinous or malt beverage containing more than 0.5% alcohol by volume; and Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose. Sec. 38.4 - Unshelterd Storage And Inoperable Or Abandoned Motor Vehicles. Subd. 1. General. (1) Purpose. The purpose of this section is to declare the unsheltered storage of inoperable or abandoned motor vehicles and any other vehicles, machinery, implements, equipment, junk or personal property of any kind to be a danger to the public health and safety. The use of tarps shall not be considered an acceptable form of shelter. (2) Declaration. The unsheltered storage of these property items throughout the city tend to impede traffic in the streets, interfere with the enjoyment of and reduce the value of public and private property, invite plundering, create fire hazards and other safety and health hazards to children as well as adults, interfere with the comfort and well-being of the public, and create, extend and aggravate urban blight. The Council declares that, in order to protect the public health, safety and welfare from such conditions, these conditions are a public nuisance and must be regulated, abated and prohibited. Subd. 2. Unsheltered storage and clutter. (1) General rule. No person may place, permit, store, allow, maintain or leave machinery, implements, equipment, clutter or personal property or unsheltered storage upon an open space area of any premises located anywhere in the city. Subd. 3. Wood storage. (1) General rule. No person shall keep or store wood or allow wood to be kept or stored outside on property owned or controlled by that person on residential zoned property, unless said wood is kept or stored as follows: a. In neat and secure stacks which shall not exceed a maximum of four stacks with a total combined volume not exceeding 5 feet high by 10 feet wide by 25 feet long. b. Unless screened by a solid fence or wall, stacks shall not be closer than five feet from the property line. c. The wood stacks shall not be infested or inhabited with rats, rodents, vermin, or insects noxious or dangerous to persons or property. d. The wood shall not be stored or kept in the front yard or yard that is commonly considered the front yard of any lot. e. Temporary storage of logs for up to 30 days outside of the required areas of setback from the property lines and street is allowed for the purpose of cutting and splitting logs to a size usable in the residence's wood burning device. (2) Exceptions. The wood storage regulations shall not apply to: a. Persons having property on which new construction is taking place and the wood on said property is used for said construction, unless the wood has 6 remained on the property for more than 30 days and is not a permanent part of the new construction at the end of that time; and b. Persons storing or keeping wood on property when said wood is stored within an enclosed structure which otherwise conforms to the zoning requirements of the district. Subd. 4. Inoperable or abandoned motor vehicles. (1) General Rule. No person shall place, park, permit to remain, store or leave upon an open area of any premises located anywhere in the city any inoperable or abandoned vehicle for more than seven days. (2) Exceptions. a. In a residential zoned district, inoperable or abandoned vehicles may not be placed, parked, permitted to remain, stored or left for more than seven days unless the vehicle is kept entirely within an enclosed building. b. In a business or industrial zoned district, inoperable or abandoned vehicles may not be placed, parked, permitted to remain, stored or left for more than seven days unless adequately screened, or three days on a business or industrial property that is not an auto repair establishment. Adequate screening will require the keeping of the vehicles within a building, tight fence at least five feet in height, or within an earth -toned or neutral colored opaque cover that was specifically designed and manufactured for that purpose and which completely encloses such vehicle. Any inoperable or abandoned vehicle legally kept in a business or industrial zoning district for more than seven days must be at least 100 feet from a public highway or residential building. (3) Definitions. For the purposes of this subdivision, an inoperable or abandoned motor vehicle means a motor vehicle as defined in Minn. Stat. § 168B.011, subd. 2 and in a condition described by one of the following: a. On public property for a period of more than 48 hours, or more than four hours when it is property posted, or in violation of either this Code or Minnesota Statutes; b. On private property without consent of the person in control of the property; c. Disabled meaning partially or completely dismantled or appearing either to be undrivable or to be lacking any of those parts of a motor vehicle which are essential to the functioning of the vehicle to the extent of making the vehicle inoperable, unless allowed under subd. 4 of this section; d. Without license plates; e. With license plates which have an expiration date more than 90 days prior to the date of inspection; or f. An abandoned motor vehicle shall also mean a motor vehicle as defined in Minn. Stat. § 168B.011, subd. 2. which has remained in the impound lot of a towing company, licensed by the city, for more than 30 days after a written notice to remove the motor vehicle has been sent by registered mail to the registered owner. (4) Exemptions. For the purpose of this chapter the following vehicles are not to be considered abandoned motor vehicles: 7 (5) a. A classic or pioneer car, as defined in Minn. Stat. § 168.10, provided that it is kept secure and as long as it has substantial potential further use consistent with its usual functions; b. Vehicles on the premises of a motor vehicle and parts dealer, junkyard, junk dealer, motor vehicle salvage dealer, automobile repair garage or body shop which is authorized by this Code; c. A vehicle kept inside an enclosed garage or storage building; or d. A vehicle which is registered to the owner or occupant of the property and which is being kept for repair on the property, provided that the vehicle is not kept for longer than 90 days in a disabled condition and its condition does not present a hazard and provided that only one disabled vehicle is kept on the property. Removal and Disposal. If a vehicle fails to meet any of the above requirements, the owner or possessor of the vehicle will be responsible to remove the vehicle to a duly licensed junkyard or other authorized place of deposit or storage within ten business days of receipt of a written demand by the city. In the event the owner or possessor of the vehicle cannot be located, then it will be the responsibility of the owner of the premises to remove the vehicle to a duly licensed junkyard or other authorized place of deposit or storage within ten working days of receipt of the written demand by the city. Impoundment of vehicles. The city may take into custody and impound any vehicle or vehicles in violation of this section, following the expiration of the notice. Disposition of impounded vehicles. In all cases of impoundment described above, the city shall serve notice on the owner of the property pursuant to Minnesota Statute § 168B.06. The owner or lienholder may reclaim the vehicle pursuant to Minnesota Statute § 168B.07. If the vehicle is not reclaimed, it may be disposed of at auction or sale pursuant to Minnesota Statute § 168B.08. Sec. 38.5 - Building Maintenance And Appearance. (1) General Rule. Buildings, fences and other structures that have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they: are unsightly; decrease adjoining landowners and occupants' enjoyment of their property and neighborhood; and adversely affect property values and neighborhood patterns. (2) Standards. A building, fence or other structure is a public nuisance if it does not comply with the following requirements: (a) No part of any exterior surface may have deterioration, holes, breaks, gaps, loose or rotting boards or timbers. (b) Every exterior surface that has had a surface finish such as paint applied must be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface may have peeling, cracked, chipped or otherwise deteriorated surface finish on more than 20% of: (i) Any one wall or other flat surface; or 8 (ii) All door and window moldings, eaves, gutters and similar projections on any one side or surface. (c) No glass, including windows and exterior light fixtures, may be broken or cracked, and no screens may be torn or separated from moldings. (d) Exterior doors and shutters must be hung properly and have an operable mechanism to keep them securely shut or in place. (e) Cornices, moldings, decorative trim, lintels, sills, bay or dormer windows and similar projections must be kept in good repair and free from cracks and defects that make them hazardous or unsightly. (f) Roof surfaces must be tight and have no defects that admit water. All roof drainage systems must be secured and hung properly. (g) Chimneys, antennae, air vents and other similar projections must be structurally sound and in good repair. These projections must be secured properly, where applicable, to an exterior wall or exterior roof. (h) Decks, landings, platforms, porches, and other similar architectural elements must be structurally sound and in good repair. Sec. 38.6 - Violations. (1) No person shall, directly or indirectly or by omission, create a nuisance. Violations of this Chapter shall be deemed to be a public nuisance subject to abatement pursuant to City Code § 38.7. (2) No responsible party shall allow a nuisance to remain upon or in any property, structure or vehicle under that person's control. Sec. 38.7 - Abatement. Subd. 1. Emergency abatement. Whenever the city is made aware of the existence of a public nuisance, the city will cause to be inspected the property on which it is alleged that such a public nuisance exists. Should the Enforcement Officer determine that a public nuisance exists and that the public health, safety or welfare may be in immediate danger, then emergency abatement procedures will be implemented and the city may cause the nuisance to be removed or abated. When emergency abatement is authorized, notice to the owner, agent or occupant of the property is not required. Following emergency abatement, the city will post a notice on the property describing the action taken to abate the nuisance. Subd. 2. Abatement; notice. (1) General rule. If, after inspecting the property, the Enforcement Officer declares the existence of a public nuisance but the nature of the nuisance is not such as to require emergency abatement of the nuisance, then regular abatement procedures will be followed. (2) Notice. a. In cases where emergency abatement of a public nuisance is not required, the Enforcement Officer will serve a notice on the owner or responsible party, by regular mail, or by personal service, ordering the owner or 9 responsible party to remove the public nuisance. The notice will contain the following information: i. Description of the property upon which the nuisance is situated; ii. The nature of the nuisance to be abated; iii. State that in the event the owner or responsible party does not comply with the notice, the necessary work may be performed by the city; iv. State that if the owner or responsible party does not pay for the expense, the cost of the work will be assessed against the property; and v. A compliance deadline. The notice will require that the public nuisance must be removed within 48 hours after the date of receipt of the notice unless another compliance deadline is stated. b. If the owner of the property or responsible party cannot be found, the notice will be posted on the property for a period of 48 hours, after which period the city may perform any necessary work. Notice by regular mail and notice by posting may be done simultaneously. Subd. 3. Disclosure of responsible party. (1) Upon the request of the Enforcement Officer, an owner or responsible party shall disclose the name of any other owner or responsible party known. This shall include the person for whom he or she is acting, from whom he or she is leasing the property, to whom he or she is leasing the property, or with whom he or she has any conveyancing contract. (2) An owner or responsible party shall, upon the request of the Enforcement Officer, provide the Officer with access to all interior portions of any occupied or unoccupied building in order to permit the Officer to make a complete inspection. Subd. 4. Authority to abate. (1) The Enforcement Officer is authorized to enter in or upon any property or structure for the purpose of enforcing and ensuring compliance with the provisions of this section. (2) If the public nuisance has not been removed or resolved by the compliance deadline, the city has the authority to enter upon the property and abate the public nuisance. In abating the nuisance, the city may go to whatever extent necessary to complete the abatement of the public nuisance, including obtaining a court order. The city may call upon any of the city departments or divisions for whatever assistance is deemed necessary or may by private contract cause the abatement of the public nuisance. If any material derived from the abatement is salvageable, and no notice of appeal is received by the city pursuant to Subd. (9) below, the city may sell the salvaged material at private or public sale with the proceeds from the sale going to the city's community development. Subd. 5. Abatement Invoice. If the city performs the work pursuant to Subd. 4(2) above, the city will maintain a record showing the cost of the work attributable to each separate lot and parcel, including administrative costs. Abatement costs shall include, but are not limited to, the cost of the abatement, the cost of investigation, such as title searches, inspection and testing, the cost of notification, filing costs and administrative costs, including an overhead charge of up to 25% for administrative costs. 10 Subd. 6. Appeals. An owner or responsible party may appeal by following the procedures set forth in City Code § 22-10. Any personal property of value or salvageable property coming into possession of the city during the course of the abatement pursuant to Subd. 4(2) above will be stored by the city pending the outcome of the appeal. SECTION 2 REPEAL AND REPLACE. Sections 22-10, 22-11, and 22-12 of the City Code, Administrative Citations and Civil Penalties, Background Checks, and Administrative Offenses are hereby repealed and replaced as follows: Sec. 22-10 - Administrative Citations. Subd. 1. Purpose. The City Council seeks to offer an alternative method of enforcement for city code violations rather than relying on the criminal court system. The formal criminal prosecution process does not provide an environment to adequately address the unique and sensitive issues that are involved in city code violations, including, but not limited to, neighborhood concerns, livability issues, economic impact, physical limitations of the offenders and the stigma and unintended consequences of being charged with or convicted of a misdemeanor offense. In addition, the court system is a slow, overburdened and methodical process that is not conducive to dealing with the violations in a prompt and timely manner. Finally, the penalties afforded the criminal court system are restricted to fines or physical confinement, which are not always effective solutions to address city code violations. In order to provide more flexibility in addressing city code violations on an individualized basis that will be more efficient and effective, the City Council finds that an alternative enforcement process is necessary. Therefore, to protect the health, safety and welfare of the citizens of the city, it is the City Council's intent to create a process for the use and imposition of administrative civil penalties that will provide the public and the city with a more effective alternative method for addressing city code violations. Subd. 2. Alternative methods of enforcement. A violation of the city code is a misdemeanor pursuant to City Code § 21-9; however, this section seeks to gain compliance with the city code as an alternative to the commencement of any formal civil or criminal court action. The administrative civil penalties proceedings are in addition to any other legal or equitable remedy available to the city for city code violations. The city may, in its discretion, choose not to issue an administrative citation and may initiate criminal charges instead. (1) Authority to issue compliance letters and administrative citations. Any employee or agent enumerated in City Code § 58-1 or any duly authorized representative thereof is authorized to issue compliance letters and administrative citations for violations of the city code. (2) Compliance letter. (a) Contents of compliance letter. If a city employee or agent determines that a city code violation has occurred, when appropriate, a compliance letter shall be issued. The compliance letter shall contain the following information: (i) A description or address of the property on which the city code violation has occurred; 11 (ii) The nature of the violation, including a reference to the appropriate city code section; (iii) A compliance deadline, providing a reasonable time for compliance based on the nature of the violation; and (iv) A statement that failure to correct the violation may result in the imposition of an administrative citation, including a civil penalty and stating the amount of the penalty as provided in the fee schedule. (b) Service of compliance letter. The compliance letter may be served on the offender by certified mail, regular mail sent to the last known legal address, by personal service or by posting a copy in a conspicuous place in or about the building or property affected by the letter. (c) Reasonable extensions. Following service of the compliance letter, the city shall attempt to work to resolve the violation, including, but not limited to, offering reasonable extensions for compliance. (d) Exceptions to issuance of a compliance letter. For violations of any of the following sections, the city shall not be required to issue a compliance letter and may proceed directly to issuance of an administrative citation as provided in division (3) below. CO Repeat offender. If the same offender commits a subsequent violation within 12 months after a compliance letter has been issued for a same or similar offense. (ii) License violations. For any license violations, including, but not limited to, not having a license. (iii) Fire prevention violations. For violations of Chapter 23. (iv) Animal violations. For any violation of Chapter 27. (v) Traffic or parking violations. For traffic or parking violations issued under Chapter 51. (vi) Noise violations. For any violation of City Code § 52-19. (vii) Emergency situations. When a condition exists that requires immediate action to protect the public health, safety and welfare. (viii) Disorderly conduct or other similar behavior that tends to disrupt, injure or annoy a reasonable person for which a compliance letter would be moot, as the conduct or behavior has terminated. (3) Administrative citation. (a) Generally. Upon the failure to correct the violation specified in the compliance letter within the time frame established in the compliance letter or any extension thereof granted by the city, or for any offense for which a compliance letter is not required, an administrative citation may be issued. The administrative citation shall be served by certified 12 mail, regular mail or by personal service and shall contain the following information: (i) A description or address of the property on which the city code violation has occurred; (ii) Reference to the city code that is alleged to be violated; (iii) The amount of the administrative civil penalty for the specific city code violation, which shall be due and payable to the city within 30 days of the date the citation is mailed or personally served; (iv) A statement that the violation must be corrected or a subsequent administrative or a criminal citation may be issued; (v) A statement that the city code violation and the amount of the administrative civil penalty may be contested to be heard before an independent hearing officer by notifying the City Clerk in writing within 10 days after the citation was mailed or personally served; and (vi) A statement that failure to pay the administrative civil penalty may result in it being assessed against the property as provided in Minn. Stat. Chapter 429, as it may be amended from time to time. (b) Payment of penalty and correction of violation. If the offender pays the administrative civil penalty and corrects the city code violation, no further action will be taken for that same violation. (c) Payment of penalty without correction of violation. If the offender pays the administrative civil penalty but fails to correct the city code violation, the city may issue a subsequent administrative citation, initiate criminal proceedings or initiate any other proceedings or remedies available in order to enforce correction of the city code violation. (d) No payment of penalty and no correction of violation. If the offender fails to pay the administrative civil penalty and fails to correct the city code violation, the city may do any of the following, or any combination thereof: (i) Assess the administrative civil penalty against the property pursuant to Minn. Stat. Chapter 429, as it may be amended from time to time; (ii) Issue a subsequent administrative citation, thereby commencing a new administrative penalties process; (iii) Initiate criminal proceedings; and/or (iv) Initiate other enforcement action authorized by law. (e) Failure to pay an administrative citation for which the costs cannot be assessed shall be a misdemeanor. Subd. 3. Contesting the administrative citation. An offender receiving an administrative citation may contest the alleged city code violation and the amount of the administrative civil penalty. In order to contest any part of the administrative citation, the offender must notify the City Clerk in writing within 10 calendar days after the citation is mailed or personally served, stating that the offender contests the alleged violation, the amount of the penalty or both and pay a $200 non-refundable filing fee. (1) Administrative citation hearing. (a) Scheduling the hearing. After receipt of the written notice to contest the citation as provided in Subdivision 3 above, the City Clerk shall schedule a hearing before an independent hearing officer, which will be held within 60 days, unless otherwise agreed to in writing by the parties. The City Clerk shall notify the owner of the date, time and location of the hearing. (b) Independent hearing officer. An independent hearing officer, who may be from the office of administrative law judges, shall preside over the administrative citation hearing. (c) Conduct of the administrative citation hearing. (i) At the hearing, both parties may be represented by counsel, shall have the opportunity to present testimony, shall be able to call and question witnesses and introduce any exhibits; however, strict rules of evidence shall not apply. (ii) The hearing officer shall receive and give weight to the evidence, including hearsay evidence. (iii) The hearing shall be recorded and a full record of the proceedings shall be maintained by the city according to its data retention schedule. (iv) Authority of hearing officer. The independent hearing officer has the authority to do any of the following, or a combination thereof: a. Make a finding that a violation has occurred; b. Reduce, stay or waive a scheduled administrative civil penalty either unconditionally or upon compliance with reasonable conditions; c. Require compliance with the city code within a specified time frame; and/or d. Make a finding that no violation has occurred and dismiss the administrative citation. (v) Decision and order. a. The hearing officer may announce a decision at the conclusion of the hearing or may take the matter under advisement. 14 b. The hearing officer shall issue a decision in the form of an order and shall serve a written copy of the order upon the parties no later than 10 days after the hearing. c. Any administrative civil penalty that the independent hearing officer imposes must be paid to the city within the time frame established in the order. If no date is specified, it must be paid within 30 days of the hearing officer's order. d. If the administrative civil penalty is not paid, the city may assess the civil penalty against the owner's property pursuant to Minn. Stat. Chapter 429, as it may be amended from time to time. e. If the hearing officer determines that no violation occurred, then the city may not proceed with criminal prosecution for the same act or conduct. (vi) Finding of violation. If the violation is upheld, then the offender must pay for the cost of the hearing, not to exceed $1,000, toward the cost of the hearing. (vii) Failure to appear. Failure to appear at the hearing shall result in a default judgment against the party who fails to appear. If the offender fails to appear, the administrative citation shall be sustained and the fee for the cost of the hearing shall be imposed. If the city fails to appear, the administrative citation shall be dismissed and the filing fee shall be refunded. (2) Appeal. The hearing officer's decision is final and may only be appealed to the Minnesota Court of Appeals. Schedule of administrative civil penalties. (a) The city shall adopt a fee schedule of administrative civil penalties for city code violations by resolution. (b) The maximum amount of an administrative civil penalty may not exceed twice the maximum fine authorized by state law for misdemeanor offenses or the maximum fine authorized by state law for an administrative process. (3) Sec. 22-11 - General Penalties. Subd. 1 General penalties. (1) Any person who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be guilty of a misdemeanor. The penalty which may be imposed for any crime that is a misdemeanor under this code, including Minnesota Statutes specifically adopted by reference, shall include a sentence of a fine or jail or both, up to the maximum authorized by law. (2) Exceptions. Where a provision of this code or a statute, rule, or regulation adopted by reference in this code sets a lesser penalty such as an administrative citation or a petty misdemeanor, or a different period 15 (3) constituting a violation than set pursuant to City Code § 22-11 that code or statutory or regulatory provision prevails. Pursuant to Minn. Stat. § 631.48, as it may be amended from time to time, in either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. (4) The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for a violation. (5) In addition to any penalties provided for in City Code § 22-10, if any person, firm or corporation fails to comply with any provision of this code, the Council or any city official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct or abate the violation. Sec. 22-12 - Background Checks. Subd. 1. The City of Stillwater shall perform employment background checks, according to state and federal laws. The city administrator or designee, is authorized to conduct a criminal history background investigation on finalists for the following employment positions within the city, unless the city administrator concludes that a background investigation is not needed: all regular part time and full time employees of the City of Stillwater; paid on -call firefighters; all other positions or volunteer appointments that work with children or vulnerable adults. Subd. 2. The city administrator, or designee are authorized to conduct driver's license investigations of city employees and employment finalists for purposes of verifying compliance with job position and insurance requirements and conducting disciplinary investigations relevant to such requirements. Subd. 3. Background checks on licensees. The city administrator or designee is required, as the exclusive entity within the city, to perform a criminal history background investigation on applicants and managers, according to state and federal laws, for the following licenses within the city: (1) Tobacco licenses; (2) Towing licenses; (3) Peddler licenses; (4) Pawnbrokers; and (5) Liquor establishments. SECTION 3 ENACTMENT. Section 52-19 of the City Code, Noise Control and Regulation is hereby enacted as follows: Sec. 52-19 - Noise Control And Regulation. Subd. 1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: General. Words and phrases defined in this subdivision have, when used in this section, the meanings given in this section. Any other word or phrase used in this section, 16 and defined in regulations of the Minnesota Pollution Control Agency Noise Pollution Control Section, NPC-1 and NPC-4, has the meaning given in those regulations. L10 means the sound level, expressed in decibels (dBA) which is exceeded ten percent of the time for a one -hour period. L50 means the sound level similarly expressed and measured which is exceeded 50 percent of the time for a one -hour period. Noise means any unwanted sound not occurring in the natural environment, including, but not limited to, sounds originating from streets and highways, industrial, commercial, and residential sources. Where a sound measurement is specified, the sound shall be measured by a sound level meter (SLM) having characteristics as specified in the latest standards, 51.4 of the American Standards Institute. Calibration of SLM shall be at least "second stage" traceable to the national bureau of standards. Subd. 2. General prohibition. No person shall make, cause, or allow to be made any distinctly and loudly audible noise that unreasonably disturbs, injures or endangers the safety, health, comfort, peace, or repose of a reasonable person, or precludes their enjoyment of property. This prohibition is not limited by the specific prohibitions contained in the following subdivisions. It is not a violation of this provision to operate specified equipment in keeping with the restrictions of subdivision 4 below. Subd. 3. Prohibited noises made by sound producing or reproducing equipment. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet and comfort of any person nearby. This includes operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building. Subd. 4. Hourly restriction on certain operations. Certain operations shall be restricted during certain hours as follows: (1) Recreational vehicles. No person may, between the hours of 10:00 p.m. and 8:00 a.m., drive or operate any minibike, snowmobile or other recreational vehicle not licensed for travel on public highways, in such a manner that it is plainly audible at a distance of 50 feet from its source. (2) Domestic power equipment. No person may operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment except between the hours of 8:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this subsection. Construction activities. No person may engage in or permit construction activities involving the use of any kind of electric, diesel or gas -powered machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. (3) 17 Subd. 5. Receiving land use standards; maximum noise levels. No person may operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in Table I for the receiving land use category specified when measured at or within the property line of receiving land use. Table I. Sound Levels by Receiving Land Use Districts. Day Night (8:00 a.m.-10:00 p.m.) (10:00 p.m.-8:00 a.m.) Land Use Districts L10 Standard L50 Standard L10 Standard L50 Standard Residential 65 dBA Commercial 70 dBA Industrial 80 dBA 60 dBA 65 dBA 75 dBA 55 dBA 70 dBA 80 dBA 50 dBA 65 dBA 75 dBA For noise relative to period less than L-10 Standard, the following conditions apply: No indoor sound level shall be raised more than six dbc over existing background, and no outdoor sound level shall be raised more than ten dbc over existing background noise level. The limits of the most restrictive district shall apply at the boundaries between the different land use categories. The determination of land use shall be by its zoned designation. Subd. 6. New dwelling construction. New dwelling construction may have a sound transmission class (STC) designed to 50; field measurable to 45; and impact isolation class designed to 50; field measurable to 45, in addition to meeting requirements of the state uniform building code. SECTION 4 REPEAL. Chapter 40 of the City Code, Abandoned Vehicles is hereby repealed. SECTION 5 SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: This ordinance repeals and replaces current City Code Chapters 38 and 40 relating to nuisances with a new Chapter 38 covering all public nuisances; repeals and replaces City Code § 22-10, 22-11 and 22-12 relating to administrative citations and civil penalties, background checks, and administrative offenses with new sections regarding administrative citations, general penalties and background checks; and enacts City Code § 52-19 regarding noise control and regulation. SECTION 6 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 7 EFFECTIVE DATE. This Ordinance shall not be published until the Final Plat for Heifort Hills Estate 2nd Addition is approved by the City Council, and after its passage and publication according to law. 18 Approved this 20th day of April, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk i11water THE RiFITHPLACE OF MINNESOIA Memo To: Mayor & City Council Members From: Jason Grode, Parks Superintendent Date: April 20, 2021 Re: Opera on the River 2021 Event The St. Croix Valley Opera has made an application to host the "Opera on the River 2021: A Celebration of Music and Community" Event for August 6, 2021 through August 8, 2021. A Performing Arts Fair is proposed for Friday, August 6, 2021 from 12 p.m. to 8 p.m. and on Saturday, August 7, 2021 from 9 a.m. to 6 p.m. The Opera on the River Concert is scheduled for Saturday, August 7, 2021, from 7 p.m. to 9 p.m. If there is inclement weather on August 7, they are proposing a matinee performance on Sunday, August 8, 2021 at 2 p.m. They are proposing to have this event again in Lowell Park as they did in 2019. The event will have 5-20 vendors including the sale of merchandise/food and the sale of alcohol. A Stillwater police officer will be required during consumption of alcohol. The event will block Myrtle Street and Sam Bloomer Way. The Downtown Parking Commission reviewed and approved the use of parking lots 5 and 9, in the event that there's flooding. If there's no flooding, the event will be held entirely in Lowell Park. The Parks and Recreation Commission reviewed the event and recommended approval. The event will incur fees for renting amenities in Lowell Park, Event Base fee, portable restrooms, Police services and possible use of parking lots 5 and 9. Fees for this event will be charged according to the 2021 Fee Schedule. The Organizer must provide all insurance, coordinate with City staff, pay for City services and materials and ensure the event adheres to the MN Governor's Executive Orders for COVID-19 protocols at the time of the event. A COVID-19 preparedness plan has been provided to the City and the event organizers will be responsible for adhering to that plan. ACTION REQUIRED: Upon satisfactory review of the application, Council should pass a motion approving the Opera on the River 2021 Event. 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: Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Event Date/Time: Set up: Date Time to Actual Event: Date Time to Clean up: Date Time to (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) Descri ption of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) Estimated Attendance (participants and spectators): Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Mailing Address: City, State, Zip Code: Primary Contact/Applicant Name: Phone Number: Fax: Cell Phone: Email Address: Website Address: Name of contact person during event: Cell Phone: Alternate contact during event: Cell Phone: Refer media or citizens inquires to: Phone: 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: Will there be any inflatables? No ■ 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: Will a stage or tent(s) be set up? No • Yes • Dimensions: Will there be temporary fencing? No ■ Yes ■ How many Fees for electricity may Will merchandise/food items be sold? No ■ Yes ■ vendors expected: apply see Instructions Will food be prepared on site? No ■ Yes ■ Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No • Yes ■ Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No ■ Yes ■ 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 ■ Yes • Permit required, contact Stillwater Fire Department 651-351-4950 Describe power needs and location of power source. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available 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 ■ Start/End Time: Date: City Sidewalks or Trails No ■ Yes ■ Start/End Time: Date: Public Parking Lots or Spaces No ■ Yes ■ Start/End Time: Date: Fees may apply Will event need barricade(s)? No ■ Yes • Number needed: see Instructions Fees may apply Will extra picnic tables be needed? No ■ Yes • Number needed: see Instructions Fees may apply Will portable restrooms be needed? No ■ Yes ■ Number needed: see Instructions Fees may apply Will extra trash receptacles be needed? No ■ Yes ■ Number needed: see Instructions Describe trash removal and cleanup plan during and after event: Will event need traffic control? No • Yes • Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Fees may apply see Instructions Will "No Parking Signs" be needed? No • Yes ■ Number needed: Show location(s)onsite map Will event need security? No • Yes • If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No ■ Yes • Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Describe the emergency action plan if severe weather should arise: List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, 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. Signature of Applicant or Authorized Agent Date Opera on the River 2021: A Celebration of Music and Community. Join St. Croix Valley Opera for its cornerstone vocal event, Opera on the River —the best of outdoor summer entertainment and SCVO's most popular concert! There is something for everyone throughout this special weekend at Lowell Park in downtown Stillwater. Friday, August 6, 2021 Performing Arts Fair, 12:00 p.m. to 8:00 p.m. Connect and mingle with Upper Midwest arts organizations, colleges and universities, and other music education and arts professionals —to learn about all the possibilities of careers in the performing arts and music! Saturday, August 7, 2021 Performing Arts Fair, 9:00 a.m. to 6:00 p.m. VIP Overture Dinner, 5:00 pm to 6:30 pm Opera on the River Concert, 7:00 p.m. to 9:00 p.m Come wine and dine with the SCVO Founders, Obed Floan and Megan Wagner, as you feast before the Opera on the River concert. Included in the Overture Dinner ticket price are VIP seats for the concert event and a special pre -show music 'appetizer'. Experience the biggest outdoor opera concert in the St. Croix Valley, with engaging singers, an outstanding orchestra, and an exciting community of 400+ attendees and music lovers! In addition to musical theatre and opera favorites, the 2021 OOTR will debut the winner of the SCVO Vocal Competition. In case of rain, the concert will be rescheduled to Sunday, August 8 at 2:00 p.m. Please regularly check the website for the latest information on OOTR headliners and updates to the weekend schedule. Tickets and more information available at www.scvopera.org/ootr We look forward to seeing you on the banks of the St. Croix River for Opera on the River 2021! ST. CROIX VALLEY OPERA OPERA ONTHE RIVER Lot II Our Plan in Lowell Park for 2021 Plan A Original Layout SI. L,F OIS \'AI.I.EY OPERA JJERA oti ER ge Downtown Stillwate Event Venue Map Free Seating Throughout the Park! Free Seating Throughout the Park! Free Seatin Throughout the Park! -\- Info Tei 10110' �- Sound Tel 10110' - Artist's Tei 20'x20' 0110- Main Stag 24'x32' - VIP Seatin 40'x40' 0-110uor Perimeter Sil ill- liquor Tel 20'x20' '- PA Org. Booth 10'x10' Port-a-pottie x2 tl� Barricad x1 - Shutt! Plcnuo/urou x2 Plan B Flood Plan Layout 51. t,eol. AALI 1;1. OPERA ;idyl 1777,!! !Taw pL1 Free Seating Throughout Free Seating Throughout the Park! t"" F Free Seating Throughout the Park! Downtown Stillwate Event Venue Map T=60' Into Tei 10'x10' 10,- Sound Tei 10'x10' .- Artist's Tel 20'x20' .- Main Stag 24'x32' - VIP Seatin 40'x40' liquor Porlluetel SIl e11. 111lir Tel ' 0 2 •- PA Org. Bootle 10'xoo' It- Port -a -Pottle x2 Berrien! x1 - Shuttl Pichuu/urou x2 4 PE Aaii ST. CROIX VALLEY OPERA Presents RA ON THE IVER Crowd continues to assemble for Opera on the River zo19 - Photo courtesy of Pictures Over Stillwater 2021 Proposal for Stillwater City Council Obed Floan Executive Director St. Croix Valley Opera info@scvopera.org (6i2) 803-3688 SCVOpera.org ST. CROIX VALLEY agii 0 P E RA OPERA ON THE RIVER St. Croix Valley Opera, formerly Operatunity Theatre, is excited to once again ask the City Council for its approval of our proposal to present Opera on the River in August, 2021. We continue to be grateful for the steadfast support that this community has provided to our organization and specifically to Opera on the River, our flagship event. During this last tumultuous year, we have been constantly uplifted by the consideration and support of our event expressed not only by the community at large but especially by the City Council and other city officials. We intend to return Opera on the River to its home on the bank of the St. Croix in Lowell Park, and are optimistic that by next August we will once again be able to gather in person for not only a wonderful Saturday evening concert of opera and musical theatre presented by talented young professionals, but also for a performing arts fair beginning Friday afternoon, featuring other performing arts organizations, non -profits, and schools from around the region. The performing arts fair accompanying our Opera on the River plans this year serves two community -focused purposes: irst, to provide a platform for members of our community to explore all of the arts offerings that our vibrant region has to offer, and second, to encourage attendees at our concert to make a longer visit to Stillwater and help provide visibility and visitors for Stillwater's downtown community of businesses and restaurants. After the success of "Opera on the `Virtual' River", our 2020 concert, presented via livestream due to social distancing guidelines, we also expect to livestream our concert, even if we can once again perform in front of a live audience as well. Additionally, we are planning a vocal competition earlier in the summer for young local singers, with the winner's prize including an appearance during the main stage concert. To accomplish these goals, we are seeking to reserve Lowell Park from the morning of Friday, August 6 2021 until the evening of Sunday, August 8 2021. Friday morning would be dedicated to set up for vendors and the arts fair, which would begin Friday afternoon. Weather permitting, the main stage concert would occur on Saturday evening, allowing us to release the park for Sunday. In the case of inclement weather Saturday, we would plan to have a matinee concert Sunday afternoon. We are continuing to work as a staff on fleshing out the details of Opera on the River in 2021, including the selection of headlining performers and a final proposed budget. We are also planning additional conversations with other performing arts organizations based in the city and the region, as well as Stillwater business owners to find other ways that we can ensure that Opera on the River has the greatest possible impact, not only for our mission, but also for the vibrancy of our overall community. Thank you again for your continued support! We're looking forward to another successful Opera on the River in zo2i! Sincerely, Obed Floan Executive Director St. Croix Valley Opera 2 ST. CROIX VALLEY ati, 0 P E R A OPERA ON THE RIVER About St. Croix Valley Opera St. Croix Valley Opera is a 5oi(c)(3) non-profit. The mission of St. Croix Valley Opera is to produce high -quality opera and musical performances in the Twin Cities East Metro (specifically the Stillwater/St. Croix River Valley area) that enrich the arts environment and help emerging vocal artists advance their careers by performing alongside experienced professionals. St. Croix Valley Opera was founded in 2018 under the name Operatunity Theatre by professional singers Megan Wagner and Obed Floan. Our vision is to establish Stillwater and its surroundings as a regional music cultural center with a vibrant community of emerging and professional artists. Opera on the River is the cornerstone of St. Croix Valley Opera's vision. Our goal is to grow Opera on the River from a single yearly concert into the highpoint of a range of summer events in the region. In addition to Opera on the River, our 2021 season includes 8 At Home concerts, a March Master Class, a New Year's Eve Extravaganza, and Cabaret Night at Brix Music Cafe, as well as a Summer Vocal Institute for emerging artists. With a strong apprentice program and a growing performance schedule, our hope is that the Stillwater area will retain the homegrown artistic talent that it is currently losing to out of state programs. We joined the Chamber in 2°19 and have become very active in the community. Our executive director, Obed Floan graduated in the inaugural class of the Leadership In The Valley program through the Chamber. We are also working to build a St. Croix Valley Performing Arts Alliance, so that performing arts groups in the valley can work in cooperation to enhance the performance opportunities available in Stillwater and across the region. Our Team jail 41 It Obed Floan: Executive Director and Megan Wagner: General Manager Obed & Megan are successful professional singers, voice instructors, music educators, concert & recital producers and promoters for 4o years combined. They have been dedicated to training and lifting up the talent of all ages in the community of Stillwater and the surrounding region for over ten years. Emily D. H. Olson: Development and Operations Manager A Midwest native, she is also an accomplished pianist and vocalist. With an expansive network and 20 years in nonprofit leadership, Emily nurtures ongoing relationships with individuals, businesses and local organizations, and hopes to foster and organize a sustainable plan for St. Croix Valley Opera's growth within this deserving community. She oversees the administrative, development, and operational responsibilities both for Opera on the River and the company. Jack Swanson: Creative Advisor Stillwater native, successful international professional entertainer, musician, with a vast network of professional friends and colleagues he hopes to attract to the Stillwater area to share their talents with this deserving community. Andrea Gillette: Arts Administration and Anna Gwaltney: Executive Assistant Andrea and Anna work closely with the Development Manager and Executive Director to provide administrative and system support. These two help keep the team organized, ensure the day to day operations run efficiently, and help to build/maintain administrative foundations for SCVO to ensure that this program and company is sustainable. 3 ST. CROIX VALLEY OPERA OPERAONTHERIVER Opera on the Virtual' River, August 2020 ST. CROIX VALLEY OPERA OPERA ON THE RIVER Opera on the River in Lowell Park, August 2019 ST. CROIX VALLEY OPERA COVI D-19 Preparedness Plan for St. Croix Valley Opera's Opera on the River St. Croix Valley Opera is committed to ensuring that Opera on the River is a safe and healthy event for all of our staff, artists, vendors, volunteers, and attendees. To ensure this, we have developed the following COIVD- 19 preparedness plan in response to the COVID-i9 pandemic. All staff are all responsible for implementing this plan. Our goal is to mitigate the potential for transmission of COVID-i9 in our workplaces and communities, and that requires full cooperation. Only through this cooperative effort can we establish and maintain the safety and health of all persons attending Opera on the River. The COVID-i9 Preparedness Plan is administered by Obed Floan, executive director, who maintains the overall authority and responsibility for the plan. However, all staff are equally responsible for supporting, implementing, complying with and providing recommendations to further improve all aspects of this COVID-19 Preparedness Plan. St. Croix Valley Opera's staff have our full support in enforcing the provisions of this plan. Our staff and artists are our most important assets. St. Croix Valley Opera is serious about safety and health and protecting our staff and artists. Their input is essential in developing and implementing a successful COVID-19 Preparedness Plan. We have involved them in this process by: having all staff involved in the composition and review of this plan, and providing a COVID policy in our artist contracts. SCVO is committed to the comfort and safety of all our artists, staff, volunteers, and vendors within this pandemic environment. To that end, we employ an open-door policy; any individual with concerns and questions about our COVID-19 preparedness plan should not hesitate to reach out to members of SCVO staff and leadership. St. Croix Valley Opera's COVID-19 Preparedness Plan follows the industry guidance developed by the state of Minnesota, available at the Stay Safe Minnesota website (https://staysafe.mn.gov), which is based upon Centers for Disease Control and Prevention (CDC) and Minnesota Department of Health (MDH) guidelines for COVID-i9, Minnesota Occupational Safety and Health Administration (MNOSHA) statutes, rules and standards, and Minnesota's relevant and current executive orders. St. Croix Valley Opera has reviewed and incorporated the industry guidance applicable to our business provided by the state of Minnesota for the development of this plan, including the following industry guidance for Music Activities and Performances During COVID-i9. P.O. Box 2300 Stillwater, MN 55082 • 612-404-9265 • www.SCVOpera.org Event Location Opera on the River is located in Lowell Park in downtown Stillwater and is an entirely outdoor event. As of April, 2020, according to current state restrictions, the maximum occupancy of the stage area is 17 people, which maximum non -seated occupancy of Lowell Park is 1,579 people. As the event is outdoors, there are no additional ventilation requirements currently suggested to comply with health and safety guidance. All St. Croix Valley Opera rehearsals and planning meetings are conducted either outdoors, online, or in rented spaces. St. Croix Valley Opera staff, artists, and any other persons follow all COVID-i9 protocols provided by any rented facilities owners and shall not exceed their mandated capacity limits. Guidelines for Artists, Performance Staff, and Vendors The following guidelines will be observed by all performers and other participants in the main stage concert portion of Opera on the River, both during the performance itself and in the preparations for the event: During preparations for and the performance of Opera on the River, SCVO staff, vendors, and artists will be asked to comply with SCVO's full COVID-19 preparedness plan. While recommendations for safe behavior for vaccinated individuals continue to evolve, SCVO will require the following of all unvaccinated participants. SCVO will continue to monitor the situation and will issue final guidelines for all artists in early July. Regardless of vaccination status, all artists must provide SCVO with proof of a negative COVID-19 test from within the last 48 hrs. prior to their first on -site meeting for OOTR. Everyone's temperature will be taken daily on their arrival at any meeting or rehearsal. Staging for both singers and orchestra members will ensure distances of at least 6 ft apart when unmasked. Union guidelines for increased distancing from instruments creating greater transmission hazards, such as woodwinds, will also be observed. These guidelines will only be relaxed for participants who are part of the same household outside of the event. Everyone will be required to be masked when not actively singing, eating, drinking, or playing an instrument requiring their mouth. As much as possible, each participant shall have their own separate chairs, music stands, sheet music and etc. Shared props/electronics shall be disinfected by each user before either returning them to their base location or handing them off to another performer. Bathrooms shall be cleaned regularly. If several bathrooms are available, each shall be specifically designated as belonging to a specific group of performers/vendors to minimize transmission risk. Any artist who begins to experience symptoms of COVID-19, has been in close contact with someone who is experiencing symptoms of COVID-19, or has tested positive for COVID-19 will not be allowed to participate in person in any rehearsals or performances until they have completed a self -quarantine period of the duration currently recommended by the CDC. Please notify Megan Wagner immediately if any of the above situations apply. Page 2 of 3 Audience/Performing Arts Fair Guidelines St. Croix Valley Opera will work together with the City of Stillwater to develop a barrier around the audience area in Lowell Park. Currently, we envision installing temporary orange net fencing around the park, leaving only two public and one "backstage" entrances. The public entrances will each be manned by two volunteers, and we plan to have 4 other roaming volunteers throughout the park during the arts fair and the concert. The volunteers at the entrance will keep a count of attendees as they enter and exit and coordinate to ensure the capacity limit is observed. All attendees will be required to be masked when within the barrier and will be required to maintain social distancing of at least 6 ft between household groups. No food or drink will be sold or distributed during the event. Any VIP seating set up by SCVO near the stage will be a minimum of 12 ft from performers and will be pre- set up in household groups determined during the ticket sale process. No physical tickets will be either checked or sold on site and check in of VIP attendees will be contactless. Hygiene and Sanitation 3 hand sanitizing stations will be distributed throughout the park and will be kept stocked with hand sanitizer for the use of event attendees. Any on site portable restrooms will be serviced regularly by the companies providing the toilets. Page 3 of 3 TO: Adm inistration Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, Human Resources Manager DATE: April 15, 2021 SUBJECT: 2021 Compensation Adjustment for Temporary Seasonal Maintenance Workers I BACKGROUND The City of Stillwater employs temporary seasonal Maintenance Workers I each summer season to assist the City in the maintenance of streets, parks, and water utilities. Work performed can include patching streets, assisting in striping and signing work, assisting in rodding sewers and cleaning catch basins, watering plants, removing trash and cleaning bathrooms. Seasonal staff operate light equipment engaged in public works/parks maintenance, and other related repair and construction activities. Staff must be 18 years of age to perform this work. City staff have reviewed hourly wages paid by neighboring cities for similar seasonal work and find wages range from $12 per hour to $17 per hour. The City has experienced difficulty recruiting seasonal Maintenance Workers I to perform the above -referenced work at the rate of $12 per hour. Therefore, based on the data we have reviewed, we recommend increasing the starting base rate to $15.00 per hour effective May 1, 2021. To keep the base pay structure updated, we also recommend that the seasonal Maintenance Worker I hourly wage be increased by 2 percent effective January 1, 2022, equivalent to the general wage adjustment applied to city positions. Effective January 1, 2023, we recommend the base hourly wage be increased annually by the equivalent General Wage Adjustment applied to the base pay structure for city positions. Temporary seasonal Maintenance Workers I who return to the City for seasonal Maintenance Worker I employment each subsequent year receive an additional 50 cents per hour added to the base hourly wage. We recommend continuing this practice for 2021 and beyond. RECOMMENDATION The proposed 2021 compensation adjustment for temporary seasonal Maintenance Workers I can be managed within the approved 2021 budget. Therefore, staff recommends adoption of the resolution entitled, "Approving 2021 Compensation Adjustment for Temporary Seasonal Maintenance Workers I." City of Stillwater Washington County, Minnesota RESOLUTION 2021- APPROVING 2021 COMPENSATION ADJUSTMENTS FOR CITY OF STILLWATER TEMPORARY SEASONAL MAINTENANCE WORKER I BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the compensation for a temporary seasonal Maintenance Worker I position is hereby approved with the following changes: • Wages - $15.00 per hour effective May 1, 2021. General Wage Increase: 2.0% increase effective January 1, 2022 • Wages - Effective January 1, 2023, the starting base hourly wage for a temporary seasonal Maintenance Worker I position shall be increased by the equivalent General Wage Adjustment applied to the base pay structure for city positions as approved by City Council • Temporary seasonal Maintenance Workers I who return to the City for seasonal Maintenance Worker I employment each subsequent year shall receive an additional 50 cents per hour added to the base hourly wage. BE IT FURTHERRESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to approve the above changes. Adopted by the City Council of the City of Stillwater this 20th day of April, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk TO: Sti11wat'r, Adm inistration Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, Human Resources Manager DATE: April 16, 2021 SUBJECT: 2021 Compensation Adjustment for Temporary Seasonal Parking Lot Attendant BACKGROUND The City of Stillwater employs temporary seasonal Parking Lot Attendants each summer season to assist the City in effective parking control in the City's downtown parking areas. Parking lot attendants provide information and assistance to City visitors in a courteous and polite manner. The City has had difficulty filling summer seasonal Parking Lot Attendant positions and is competing with area employers for part-time staff. Area employers are offering between $12 and $15 per hour for similar part-time help. The City believes it will attract more interest in part- time seasonal employment for this position if it offers $14 per hour for the seasonal Parking Lot Attendant wage. On April 15, the Parking Commission reviewed and affirmed the request to increase the base starting wage to $14 per hour. To keep the base pay structure updated, we recommend that the seasonal Parking Lot Attendant hourly wage be increased by 2 percent effective January 1, 2022, equivalent to the general wage adjustment applied to city positions. Effective January 1, 2023, we recommend the base hourly wage be increased annually by the equivalent General Wage Adjustment applied to the base pay structure for city positions. Temporary seasonal Maintenance Workers I who return to the City for seasonal Maintenance Worker I employment each subsequent year receive an additional 50 cents per hour added to the base hourly wage. We recommend continuing this practice for 2021 and beyond. RECOMMENDATION The proposed 2021 compensation adjustment for temporary seasonal Parking Lot Attendants can be managed within the approved 2021 budget. Therefore, staff recommends adoption of the resolution entitled, "Approving 2021 Compensation Adjustment for Temporary Seasonal Parking Lot Attendants." City of Stillwater Washington County, Minnesota RESOLUTION 2021- APPROVING 2021 COMPENSATION ADJUSTMENTS FOR CITY OF STILLWATER TEMPORARY SEASONAL PARKING LOT ATTENDANT BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the compensation for a temporary seasonal Parking Lot Attendant is hereby approved with the following changes: • Wages - $14.00 per hour effective May 1, 2021. General Wage Increase: 2.0% increase effective January 1, 2022 • Wages - Effective January 1, 2023, the starting base hourly wage for a temporary seasonal Parking Lot Attendant position shall be increased by the equivalent General Wage Adjustment applied to the base pay structure for city positions as approved by City Council • Temporary seasonal Parking Lot Attendants who return to the City for seasonal Parking Lot Attendant employment shall receive an additional 50 cents per hour added to the base hourly wage. • Returning seasonal Parking Lot Attendants shall receive the additional 50 cents per hour for returning in years two through five. The additional 50 cents per hour for returning staff will be capped after year five. BE IT FURTHERRESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to approve the above changes. Adopted by the City Council of the City of Stillwater this 20th day of April, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk ijlwater THE B I R T H P L A C E OE MINNESOTA DATE: April 15, 2021 TO: Mayor & Council Members TOPIC: Outside sales area permits & liquor license amendments REVIEWERS: City Clerk Wolf Police Chief Mueller Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND At the last meeting the City Council approved the 2021 Outside Seating Area program. At the same time approval was given for a dozen permits and eleven liquor license amendments. Three more are ready for consent approval at the coming Council meeting. They are: LOLOs, Ziggy's on Main and Lift Bridge Brewery. Each is requesting the same layout as last year, and each is consistent with the temporary program's review standards. LOLO's OSA PERMIT LOLO's is requesting an additional patio area on their private property again this year. It is labelled "temp area" below. OSA Permit Program April 15, 2021 Page 2 LIFT BRIDGE BREWERY The Lift Bridge Brewery submitted an OSA permit application for the same layout they had last year. It satisfies all performance standards. RESTROOJ1 O HANDWASH RECYCLING CONTAINER / 1OST STATION ZIGGY'S ON MAIN Ziggy's on Main is requesting the same OSA permit as was issued last year. The seating area is restricted to a 10-foot-wide area in the parking bays of Chestnut Street. As last year, Washington County is issuing the City a permit to allow the use of the road for OSA Permit Program April 15, 2021 Page 3 seating areas. But, individual business owners are only allowed to use the parking bays, not the travel lanes of the road. This is so even though this block of Chestnut will once again be closed to vehicular traffic. The travel lanes are to be kept open for emergency vehicle use. NORTH z 1 10 foot width allowed CONDITIONS OF APPROVAL The conditions that will be attached to each permit should include: After set up of the OSA is completed the City's Assistant Fire Chief will inspect the outdoor area for proper fencing (or other barrier materials) and exiting. Any conditions found necessary by the Stillwater Fire Department, Minnesota AGED, Washington County Public Health & Environment, and the City Building Official must be satisfied. Attachments: Permit application forms Liquor license amendment Resolution (Sfi llWa er Rn Mf+4kv M Minnenotn 216 4''' St reel N, Stillwater, MN 55082 651-430-8 8OO www.ci.stillwater.nui.us APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES DOWNTOWN BUSINESSES (WITH NO USE OF ON -STREET PARKING SPACES) PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas and expansions of outdoor sales areas. The approval process typically requires a 60 day public review. In response to the business disruption precipitated by COV1D-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sales areas and expansions of existing outdoor sales areas. Applicant: Name: Ste'^"-• ZNQ-r^aa- Position/Title: Ge-e.2r0,-i Email: `'""'L�g- LTV'' Daytime Phone: GC t .3' -- , t� 1 Ce11 Phone: Business Name: ) Lo �) '�"` a Business Location Address: -2 3 3 5 M A� •� SZ' Stillwater, MN 55082 Type of business to be conducted in outdoor sales area: n General retail n Food and/or beverage sales; no alcohol ix Food and/or beverage sales; including alcohol sales Date you wish to begin outdoor sales: 6� etc• Days of Operation: 5 v — SA'j Hours of Operation: 1I r�ry►-'� ?M Permit application submission - Please complete and submit the application form to stillwaterOci.stillwater.mn.us Page 1 of 3 S:/Shared/Forms/Administration/OutdoorsSal es PART V - Signatures Applicant signature: By signing below, I hereby certify the following: 1. I will comply with all building code and fire code regulations and understand that violations of such codes may be grounds for revocation of my ability to install temporary outdoor sales areas. 2. 1 have read and acknowledge the City standards (outlined in Parts 11-II1) regarding temporary outdoor sales areas. 3. I have read and understand that temporary outdoor sales areas shall be removed and operate no longer after November 1, 2020. 4. I understand the City may inspect the outdoor sales areas any time to enforce compliance with the above provisions. Additionally, the City may require the temporary outdoor sales areas to be closed if there it is detrimental to the health, safety and welfare of the general public. 5. (For alcohol license holders) I understand that prior to serving any alcoholic beverages in the outdoor sales areas I must receive approval of an amended liquor license from the City Council and State of Minnesota. Any violations of Federal, State or City regulations in the temporary outdoors sales area may result in civil or criminal penalties against me or my license. I further understand that liquor liability insurance must be in -effect for the temporary outdoor sales area. Signature of Applicant: Date: s 1 - City signature; When signed below by an authorized City official, this form becomes the permit to operate outdoor sales areas according to the details identified above. Signature of City Official: Date: Title of City Official: Page 3 of 3 T� PE-) P M R - ; - - SiD� wItA T 216 4m Street N, Stillwater, MN 55082 651.430-8B00 www.ci.stillwater.mn.us 2021 APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES UPTOWN BUSINESSES (WITH NO USE OF ON -STREET PARKING SPACES) PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas and expansions of outdoor sales areas. The approval process typically requires a 60-day public review. In response to the business disruption precipitated by COVID-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sales areas and expansions of existing outdoor sales areas. If alcohol service is proposed in the outdoor salessarea, that will need to be approved by the City Council Applicant: Name: 'if P(O c1 L' 3tJ Position/Title: 01r41 Email: Daytime Phone: — ditki(..+uety.c44 Cell Phone: eCi -303-/L,17 Business Name- Lt gsk-t1. 6) Business Location Address: \ D O T ?( 3P Stillwater, MN 55082 Type of business to be conducted in outdoor sales area: ❑ General retail ❑ Food and/or beverage sales; no alcohol Food and/or beverage sales; including alcohol sales Date you wish to begin outdoor sales: 4 J 21 12-1 Days of Operation: WI — i 1 Hours of Operation: SwH 12—(61w. Permit application submission - Please complete and submit the application form to stillwaterCEci.stillwater.mn.us S:/Shared/Forms/Adm inistra don/Oa td oo rsSales Page 1 of 3 PART II - Requirements Applicant initial , City initial Requirements (.41/ Temporary outdoor sales areas will only be located on private property. Temporary outdoor sales areas will have no live entertainment or sound amplifications stem. . No portion of outdoor sales areas will obstruct public or private sidewalks. qdishes, Outdoor sales area will be kept in a clean and orderly manner. If outdoor sales include food or beverages, then outdoor storage of food, beverages, flatware, etc. will not occur without the appropriate permission from the Washington County Health Department. 61 No food or beverages will be served outside of approved outdoor sales areas, nor will merchandise be displayed nor sold outside of approved outdoor sales areas. ;�� Airo Any approved temporary lighting shall only illuminate outdoor sales areas. ,_ „� ^�\// Outdoor sales area will conform to all fire and building codes related to the number and types of exits that are required. 1/0will .ft If a restaurant, total dining capacity including expanded outdoor dining area not exceed previous restaurant dining capacity including indoor and outdoor dining. *, No portion of outdoor sales areas will be located within any public right -of- way (sidewalks/trails, boulevard or streets). Outdoor sales areas setbacks will be a minimum of 20 feet from a public right- of-way, and five -feet from side and rear lot lines. 4/ The business owner understands that all temporary outdoor sales areas must be removed and no longer operate after October 31, 2021. J PART III - If applicable: requirements for alcohol service Applicant initial City staff initial Requirements 46.144outdoor The City Council has approved the amended liquor license for the temporary sales area. � G /JJjI Temporary outdoor sales areas will be completely enclosed by a fence or similar barrier approved by the City Clerk. / '•I The applicant certifies that all federal, state and City alcohol regulations will apply to the temporary outdoor sales areas and compliance shall be met Alcohol license holders must submit: 1) A certificate of liquor liability insurance indicating coverage is extended to temporary outdoor sales areas 2) A site plan indicating where the fencing for temporary outdoor sales areas will be located and how ingress/egress will be provided Signage will be posted that prohibits the consumption of alcohol outside of outdoor sales areas. PART IV - Required documents Please attach the following document to this application form: Site plan/floor plan showing dimensions and indicating number of persons intended to occupy the outdoor sales area. If the outdoor sales area is intended for service of food and/or alcoholic beverages, then the site plan must be scaled and show the exact number of chairs and tables as well as details about the required liquor license fencing or appropriate barriers. PART VI - Signatures Applicant signature; By signing below, I hereby certify the following: 1. I will comply with all building code and fire code regulations and understand that violations of such codes may be grounds for revocation of my ability to install temporary outdoor sales areas. 2. I have read and will abide by the City standards (outlined in Parts I1-III) regarding temporary outdoor sales areas. 3. I will remove the temporary outdoor sales areas no later than October 31, 2021. 4. I understand the City may inspect the outdoor sales areas any time to enforce compliance with the above provisions. Additionally, the City may require the temporary outdoor sales areas to be closed if there it is detrimental to the health, safety and welfare of the general public. 5. (For alcohol license holders) I understand that prior to serving any alcoholic beverages in the outdoor sales areas I must receive approval of an amended liquor license from the City Council and State of Minnesota. Any violations of Federal, State or City regulations in the temporary outdoors sales area may result in civil or criminal penalties against me or my license. I further understand that liquor liability insurance must be in -effect for the temporary outdoor sales area. Signature of Applicant: Date: _I I 1Z 1 City signature: When signed below by an authorized City official, this form becomes the permit to operate outdoor sales areas according to the details identified above. Signature of City Official: Date: Title of City Official: S:/Shared/Forms/Administration/Ou tdoorsSales Page 3 of 3 KEY: ° 0 Lift Bridge Brewery Temporary Premise Extension Plan 4/6/2021 City of Stillwater Submission RESTROOM HANDWASH RECYCLING CONTAINER HOST STATION _u_ It ® pomp 0° aOVT �l �34L'7111 inr24C a PEBO mote I I © MEV 412U@I 3 a Tho Dlrlhplaco of MInnosolo 216 4thr Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us 2021 APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES DOWNTOWN BUSINESSES WITH PARKLETS [USE OF ON -STREET PARKING SPACES] PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas (OSA) and expansions of outdoor sales areas. The approval process typically requires a 60-day public review. In response to the business disruption precipitated by COVID-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sales areas and expansions of existing outdoor sales areas. If alcohol service is proposed in the outdoor sales area, that will need to be approved by the City Council. Applicant: Name: YP RDOLir ✓ Position/Title: al On-e)✓ Email: Ztcy-34s ()r\ IYI(L.n C CJ Daytime Phone: ``(Q6 • 3 I Z- -UUI I Cell Phone:1 lS--'�O1-'i SO 4 Business Name: L'dus-4 Zinny'S On. (\CL. r Business Location Address: \� Z Y S Stillwater, MN 55082 Type of business to be conducted In outdoor sales area: ❑ General retail ❑ Food and/or beverage sales; no alcohol [Wood and/or beverage sales;^including alcohol sales al Date you wish to begin outdoor sales: 1 r �l Days of Operation: Hours of Operation: 1 F 1 I C. m - eh f(S 01 —II Prn Permit application submission - Please complete and submit the application form to stillwaterPci.stillwater.mn.us S:/Shared/Forms/Administratlon/OutdoorsSales Page 1 of 4 PART II - Requirements for Downtown properties Applicant initial City initial Requirements Temporary outdoor sales areas will only be located on private property or in "parklets". A parklet is defined for this temporary permit as an on -street parking space that is approved by the City for conversion to an outdoor sales area. Parklets are only allowed on City streets, not on roadways under State of Minnesota jurisdiction. X7 Temporary outdoor sales areas will have no live entertainment or sound amplification system. No portion of outdoor sales areas will obstruct public or private sidewalks. Nor will it impede ADA accessibility to the subject business or to any surrounding properties. /7 Outdoor sales area will be kept in a clean and orderly manner. If outdoor sales include food or beverages, then outdoor storage of food, beverages, flatware, dishes, etc. will not occur without the appropriate permission from the Washington County Health Department. o/* No food or beverages will be served outside of approved outdoor sales areas, nor will merchandise be displayed nor sold outside of approved outdoor sales areas. Any approved temporary lighting shall only illuminate outdoor sales areas. Outdoor sales area will conform to all fire and building codes related to the number and types of exits that are required. ...� � The business owner understands that all temporary outdoor sales areas must be removed and no longer operate after October 31, 2021. If proposed outdoor sales areas are within a parklet, then each of the following items will be satisfied: 1. The parklet will be located in one of the areas indicated as "allowed" in the attached map. 2. Overall length of outdoor sales areas will not exceed the street frontage length of the business it is associated with, but no more than two spaces. Furthermore, it will be located directly in front of business. 3. It will be located at least one parking space from an intersection street corner. 4. It will only be located along the curbline of streets where on -street parking is allowed. 5. It will not be located where existing handicap parking, or loading zones exist. 6. It will only be located where the street grade is less than five percent. 7. It will not be located in front of fire hydrants, or over any utility or manhole cover or catch basin. 8. It will have vertical elements that make them visible to traffic, such as flexible posts or bollards with reflective materials. 9. If the parklet is replacing a parallel parking stall, it will have a width of no more than six feet from curb face and a four -foot buffer on each end. If in a perpendicular parking stall, the parklet shall have a depth of no S:/Shared/Forms/Adminlstratlon/OutdoorsSales Page 2 of 4 more than 16 feet from the edge of curb and have two -foot buffer on each side. 10. If parklet is a structure, it will have a flush transition at the sidewalk and curb to permit easy access and avoid tripping hazards. 11. If parklet is a structure, its floor load -bearing weight will be a minimum of 100 pounds per square foot. 12. The parklet will have a continuous edge along the travel lane and is between 30-36 inches tall measured from the street 13. The design of a parklet will not inhibit drainage of stormwater runoff. 14. If parklet is a structure, its frame will not be permanently attached to the street. 15. If parklet is a structure, its frame will be ADA accessible. 16. If parklet is a structure, it will be constructed of high quality durable and non -reflective material, with a non -slip and weather resistant surface. 17. The parklet will be well maintained and in good repair under the conditions of approval of this permit. A maintenance plan will be developed for keeping the parklet free of debris, and grime. And, the owner will sweep the area surrounding the parklet and keep it litter -free and clear for storm runoff 18. Business owner will be responsible for all damages to public property (including street and curb) and will be responsible for restoring it to as good or better condition than prior to use as parklet 19. No tent or tent like structure will be installed in parklet PART III - If applicable: requirements for alcohol service Applicant initial City staff initial Requirements /4"' The City Council has approved the amended liquor license for the temporary outdoor sales area. /1/ Temporary outdoor sales areas will be completely enclosed by a fence or similar barrier approved by the City Clerk The applicant certifies that all federal, state and City alcohol regulations will apply to the temporary outdoor sales areas and compliance shall be met Alcohol license holders must submit: 1) A certificate of liquor liability insurance indicating coverage is extended to temporary outdoor sales areas 2) A site plan indicating where the fencing for temporary outdoor sales areas will be located and how ingress/egress will be provided Signage will be posted that prohibits the consumption of alcohol outside of outdoor sales areas. S;/Shared/Forms/Administration/OutdoorsSales Page 3 of 4 PART IV - Required documents Please attach the following documents to this application form: 1. Site plan/floor plan showing dimensions and indicating number of persons intended to occupy the outdoor sales area. If the outdoor sales area is intended for service of food and/or alcoholic beverages, then the site plan must be scaled and show the exact number of chairs and tables as well as details about the required liquor license fencing or appropriate barriers. 2. If the outdoor sales area is to be a parklet, then the site plan should also include: a. Location of existing street fixtures (hydrants, lights, signs, storm drains, etc) b. North Arrow c. Parklet Dimensions d. Width of adjacent sidewalk e. Location of business associated with the parklet f. Width of business's storefront g. Distance from intersection. h. Construction materials, if any PART VI - Signatures Applicant signature: By signing below, I hereby certify the following: 1. I will comply with all building code and fire code regulations and understand that violations of such codes may be grounds for revocation of my ability to install temporary outdoor sales areas. 2. I have read and will abide by the City standards (outlined in Parts II -III) regarding temporary outdoor sales areas. 3. I will remove outside sales area no later than October 31, 2021. 4. I understand the City may inspect the outdoor sales areas any time to enforce compliance with the above provisions. Additionally, the City may require the temporary outdoor sales areas to be closed if there it is detrimental to the health, safety and welfare of the general public. 5. (For alcohol license holders) I understand that prior to serving any alcoholic beverages in the outdoor sales areas I must receive approval of an amended liquor license from the City Council and State of Minnesota. Any violations of Federal, State or City regulations in the temporary outdoors sales area may result in civil or criminal penalties against me or my license. I further understand that liquor liability insurance must be in -effect for the temporary outdoor sales area. Signature of Applicant: Date: 3/3 City signature: When signed below by an authorized City official, this form becomes the permit to operate outdoor sales areas according to the details identified above. Signature of City Official: Date: Title of City Official: S:/Shared/Forms/Adminlstratlon/OutdoorsSales Page 4 of 4 n 88ft ZIGGY'S ON MAIN SIDEWALK z� 0 0 0 0 'o o e5 k CH ESTN UT 24rt SIDEWALK 77 e NORTH z N 10 foot width allowed City of Stillwater Washington County, Minnesota RESOLUTION 2021- RESOLUTION APPROVING AMENDMENT TO LIQUOR LICENSE FOR ADDITIONAL TEMPORARY OUTDOOR LICENSE PREMISES WHEREAS, a request from the following businesses have been received to add temporary outside seating adjacent to their building as an amendment to their liquor license premises; and WHEREAS, the additional outside seating area is temporary and will only be permitted as a result of the COVID-19 pandemic as executed by Governor Walz; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and contiguous"; and WHEREAS, adding the additional space to their licensed premises would allow the businesses to expand their establishment and provide safe distancing while dining during the COVID-19 pandemic and its the social distancing requirements. BE IT RESOLVED, that the Stillwater City Council hereby approves the additional licensed premises, conditioned upon the following: 1. Approvals from the Community Development Department, Building Department, Fire Department, Police Department, Minnesota AGED and Washington County Public Health & Environment (if applicable) are received. 2. Businesses must adhere to all Executive Orders issued by the Governor during this pandemic. 3. This Resolution is effective immediately subject to federal and state laws or orders relative to the permissibility of business operations and unless terminated earlier by the Council, shall be in effect through October 31, 2021. THEREFORE BE IT FURTHER RESOLVED, that the Stillwater City Council of Stillwater Minnesota hereby approves the additional licensed premises listed below as contingent above: Doing Business As Licensee Name Premise Address Lift Bridge Brewing Company Lift Bridge Brewing Technologies, LLC 1900 Tower Dr LoLo American Kitchen LoLo American Kitchen LLC 233 Main St S Ziggy's on Main Stardust Endeavors, LLC 132 Main St S Adopted by the Stillwater City Council this 20th day of April 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk STAFF REQUEST ITEM Department: MIS Date: 04/15/2021 DESCRIPTION OF REQUEST (Briefly outline what the request is) The overhead projector in the Training Room needs to be replaced. The old projector quit working and cannot be fixed. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) This item was not budgeted for in 2021 capital outlay budget. However, MIS can move some project monies around to accommodate for this purchase since it is an emergency purchase. Total cost of the projector will $1,350.00. ADDITIONAL INFORMATION ATTACHED Yes No X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman, IT Manager Date: 4/15/2021 liwater THE BIRTHPLACE OF MINNESOIA Memo To: Mayor & City Council Members From: Jason Grode, Parks Superintendent Date: April 20, 2021 Re: Veterans Memorial Day Observation 2021 Event The Stillwater Veterans Memorial Board has made an application to host the Veterans Memorial Day Observation Event for Monday, May 31, 2021, at the Veteran's Memorial located at the Riverview parking lot across from the Washington County Courthouse. Due to COVID-19 restrictions, this event will be an invite -only event with a guest number of approximately 30 individuals. SVM is only inviting those individuals who purchased remembrance pavers this past year. 20 chairs will be set up in groups of 4. With 12 workers expected, the number of total people should be under 50. This event will take place in the Eastern 2/3rd of the Riverview parking lot located at South 3rd Street and West Pine Street. The event set up will occur from 8:30 to 9:00 am with a 9:00 am start time for the event. No food or drink will be served on site for the guests. SVM is coordinating with Valley Access and Johnny's TV to record, then broadcast the event over the Valley Access System. A COVID-19 preparedness plan has been provided to the City and the event organizers will be responsible for adhering to that plan. ACTION REQUIRED: Upon satisfactory review of the application, Council should pass a motion approving the Veteran's Memorial Day 2021 Event. Stillwater Veterans Memorial Memorial Day Observation Date: 31 May 2021 Time: 8:30AM to 1:OOPM Venue Location: Riverview Parking lot located at the corner of South 3rd Street and West Pine Street. Gathering area will be the Eastern 2/3rd of the parking lot. Event: From 8:30 to 9:00, we will do initial setup. Our 2021 program will be short. A start time of 9:00 is our goal where the time afterward the 'official' event will be used to clean up the site for the remainder of the day. The agenda will consist of a quick introduction of the Master of Ceremonies, National Anthem, Pledge of Allegiance, Recognition of new pavers, Benediction, closing remarks. We expect this portion of the program to take 15 minutes max. Guests: We have 7 current pavers purchased this year. Each paver in past years had an average of 4 family members attend the dedication. We are inviting only those individuals that purchased pavers and our estimate puts the guest number around 30 individuals. In our invitation to our guests, we will stress that if they feel ill to stay home. Families will be able to gather together, but each family unit will be asked to keep their distance. Workers: SVM has a volunteer staff of 11 board members. With personal vacation, we estimate our staff on site to include 8 SVM individuals. Of those 8 individuals, 2 individuals will be responsible of the actual program while the other 6 individuals will validate our incoming guests, set up the site and coordinate any media efforts. We are working with Valley Access and Johnny's TV to record, then broadcast the event over the Valley Access system. Our estimate is we will have 12 workers. Food and Drink: No food or drink will be on site for the guests. COVID-19 Precautions: Face Coverings we be requested of all participants. Social distancing of 6 feet will be encouraged for all in attendance. Hand sanitizer will be available for use. Access Control: Because of the small number of invited guest and using the western 1/3rd of the parking lot, we will check in guest in the center of the parking lot area. We will have a person at the main walkway and another at the top of the stairs coming up from 3rd Street to ask these people to check in with the person at the entrance point. Seating: We will only have 20 chairs setup, grouping in cells of 4. Separation of chairs will be at the choice of the families attending But we will announce that each family should keep separate from other family groups. Emergency Procedures: If an emergency occurs, we will call 911, identify the issue and have a person posted at the parking lot entrance to usher the response vehicles to a staging area. Vets Memorial Day Event 2021 Current site layout using portion of parking for handicap parking. Event capacity = 283 people Option 1— use whole parking lot for event and handicap parking lot off of 4th Street Event capacity = 427 people Option 2: closed Pine Street and use Historic Courthouse Event Capacity = 792 people This option would require a road closure safety plan, barricades, advance warning signs and written permission from the Courthouse. iliwater THE B{ R T H P L A I; E OF MINNF PLANNING REPORT TO: City Council REPORT DATE: April 15, 2021 APPLICANT: Joel Hauck, ESG Architecture & Design LAND OWNER: 200 Chestnut Partners LLC CASE NO.: 2020-60 REQUEST: A Conditional Use Permit, Height Variance, Parking Variance, and appeal of HPC Design Permit decision for a 54-unit apartment building LOCATION: 200 Chestnut Street East ZONING: Central Business District Central Business District Historic Height Overlay District REVIEWERS: Community Development Director Bill Turnblad, City Engineer/Public Works Director Shawn Sanders, Building Official Cindy Shilts, Middle St. Croix WMO, Washington County Public Works PREPARED BY: Abbi Wittman, City Planner Bill Turnblad, Community Development Director INTRODUCTION 200 Chestnut Street Partners, LLC has purchased the 200 East Chestnut block. It is currently the site of a mixed -use commercial building, together with its parking lot and parking structure. The new owners are developing a plan to demolish the block and construct a market rate apartment building with 54 apartments and 73 underground parking spaces. To develop the property as proposed, the City Council would need to approve: 1. A Conditional Use Permit for the structure 2. A variance to the maximum allowable height 3. Either: a) a variance from the required parking, or b) a mitigation plan for the deficit parking spaces 4. Appeal of Design Permit conditions imposed by Heritage Preservation Commission The City Council heard the case on March 2nd but tabled it for further work on the parking request. Subsequently, the Downtown Parking Commission revisited the parking deficit mitigation policies in order to provide advice to the Council on the case. Case no. 2020-60 Page 2 SPECIFIC REQUEST The applicant is requesting consideration of a: 1. Conditional Use Permit for 54-unit multi -family structure in the CBD Zoning District; 2. Conditional Use Permit for Short Term Rental Units on the property; 3. 26-space variance from the required on -site parking; 4. A one-story variance to the three-story maximum height in the Central Business District Historic Height Overlay District; 5. A 11.5' variance to the 37' maximum allowable height in the Central Business District Historic Height Overlay District; 6. Variances to the 20' (Combined) Side Yard and 20' Rear Yard Setback in the Central Business District; and 7. Appeal to conditional approval of Design Permit 2020-32. ANALYSIS OF REQUESTS An analysis of the requests will be found in the two attached staff reports. One is from City Planner Wittman regarding the case in general. And the other is from Community Development Director Turnblad detailing the parking request. POSSIBLE ACTIONS The City Council has the following options: A. Adopt Resolutions of Approval, which includes the following conditions: 1. Plans shall be substantially similar to those found on file with CPC Case No. 2020- 60 and dated February 19, 2021, except as modified by the conditions herein. 2. Outdoor amplification shall not be permitted and the property shall observe quiet hours after 10PM. 3. Short Term Home Rentals may not be utilized for greater than one 10% of the total number of units 4. Refuse shall be kept inside at all times with the exception of collection day. Refuse containers outside on collection day shall not block the public right-of-way, including the sidewalk. 5. All mechanical units shall be enclosed or screened from public view. 6. Abutting sidewalks must be kept clean of trash, cigarette butts and other forms of debris. 7. A total of 54 onsite parking spaces shall be assigned to, and leased with, the 54 apartment units. 8. To mitigate the impact upon the public parking system a fee of $20,000 must be deposited in the City's parking enterprise fund for each of the 26 deficit spaces (18 guests and 8 residents). The total of $520,000 would need to be deposited prior to issuance of a building permit for the project. In addition, building management or Case no. 2020-60 Page 3 guests must buy residential permits to use the permissible public parking lots as needed. 9. Prior to the release of applicable building, grading, right-of-way, and/or obstruction permits from the City, the developer will provide a traffic control plan for review and approval by the City Engineer. 10. Prior to the release of applicable building, grading, right-of-way, and/or obstruction permits from the City, the developer shall enter into a maintenance agreement for the installation of pedestrian -scaled lighting located on public sidewalks. 11. Prior to the release of applicable building, grading, right-of-way, and/or obstruction permits from the City, the developer shall enter into an access and maintenance agreement for stormwater requirements. 12. The Stormwater Pollution Prevention Plan is updated to prohibit engine degreasing onsite. 13. The project shall require full review by the Middle St. Croix Watershed Management and approval, and payment of all review fees, will be required prior to issuance of any building or grading permits by the City. 14. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. 15. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the decision -making authority in a public hearing. B. Adopt Resolutions of Denial. With a denial, findings of fact supporting the decision must be provided. Resolutions for approval and denial of each separate action will be available on Tuesday, April 20, 2021. Attachments: Wittman report Turnblad report cc: Joel Hauck THE BIRTHPLACE OF MINNESOTA DATE: April 15, 2021 TO: Mayor & Council Members APPLICANT: 200 Chestnut Street Partners, LLC SUBJECT: On -site parking 60 DAY DEADLINE: 60-day review deadline extended by applicant to April 30th REPORT BY: Bill Turnblad, Community Development Director BACKGROUND 200 Chestnut Street Partners, LLC has purchased the 200 East Chestnut block. It is currently the site of a mixed -use commercial building, together with its parking lot and parking structure. The new owners are developing a plan to demolish the block and construct a market rate apartment building with 54 apartments and 73 underground parking spaces. The developer requested that the City approve the use of the public parking system for parking that cannot be provided in the parking garage. The City Council heard the case on March 16th, but tabled it for further work on the parking deficit. Subsequently, the Downtown Parking Commission revisited the parking deficit mitigation policies in order to provide advice to the Council on the case. PARKING REQUIREMENTS The parking section of the City's Zoning Code requires the following for this multiple -family project: Resident parking = 1.5 parking spaces/unit x 54 units = 81 Guest parking = 1 parking space for each 3 units = 18 Total spaces required per zoning code = 99 Proposed spaces in underground garage = 73 Deficit = 26 April 15, 2021 200 E Chestnut pg. 2 If the City were to use the International Traffic Engineer's current standard for parking in this scenario, then the most conservative calculation for peak demand parking would be: Peak demand, worst case = Proposed on -site = Worst case deficit = COMMENTS 91 73 18 On April 16, 2021 the Downtown Parking Commission unanimously recommended the following policy when considering requests to use the public parking system for parking deficits associated with new residential construction in the Downtown Parking District. (They specifically mentioned that they assume the parking standards as found in the City Zoning Code would be applied, not ITE standards.) New construction residential. This applies to residential units that are being developed as new construction, either as an addition to an existing building, or as a new building. This does not apply to residential units being constructed from existing non-residential space. a. 100% of the parking required for the residents must be accommodated on -site. b. Guest parking should also be accommodated on -site, but if there is a deficit for guest parking, the deficit spaces could be mitigated through the use of the public parking system if: i. The total of all parking mitigation approvals to date in the Downtown Parking District do not exceed 20% of the total public parking spaces available; ii. There is a public parking in reasonable proximity to the residential units that allows residential parking permits to be used; iii. There is sufficient capacity in the lots available to residential parking permits to accommodate the guest parking deficit; iv. For each deficit space, the developer must pay the equivalent of the cost to construct a parking space in a parking ramp. That cost at present in Stillwater is about $20,000. This amount would be deposited in the parking enterprise fund dedicated solely to the downtown parking system. The payment would be made by the developer prior to the issuance of the building permit. To help off -set the developer's up -front cost of the deficit parking, this cost would be considered a TIF eligible expense. v. The individual guests will need to buy residential permits from City Hall. Or, building management will need to buy these residential permits and distribute to guests as needed. April 15, 2021 200 E Chestnut pg. 3 If the policy recommendation were applied to the Reuter Walton project, the following would result: Residents = 1.5 x 54 units = 81 (This number of parking spaces would be required on -site) Guests = 1 per 3 units = 18 (These could be mitigated by using the public parking system) Accordingly, the basement would need 8 more parking spaces, and the 18 guest spaces would be mitigated by paying $20,000 per space ($360,000) into the parking enterprise fund prior to issuance of a building permit. The cost of the deficit guest spaces would be a TIF eligible expenditure. And the building management (or individual guests) would then buy residential parking passes to be used to park overnight in permissible City lots. Since the developer believes that physical site characteristics prevent the construction of a lower level to the garage, the Council would need to consider whether it would approve mitigating the 18 guest spaces and the 8 deficit residential spaces with the $20,000 per space fee. PARKING MITIGATION OPTIONS The City Council could take any of the following actions: 1. Grant a variance to the Zoning Code's parking requirements. This option would have the effect of eliminating any future mitigation fee obligations for residents and guests. 2. Approve mitigation for a 26 space deficit (18 guests and 8 residents). In exchange for use of the public parking system for the deficit spaces, the property owner would pay the recommended fee of $20,000 per deficit space and building management or guests would buy residential permits to use the permissible public parking lots. The fee for each deficit space (a total of $520,000) would need to be deposited in the City's Downtown Parking Enterprise Fund prior to issuance of a building permit for the project. 3. Deny both the variance and mitigation. BT ti 1 1water ' i- E BIRTHPLACE OF MINNESOTA PLANNING REPORT TO: REPORT DATE: MEETING DATE: APPLICANT: LAND OWNER: REQUEST: LOCATION: ZONING: REVIEWERS: PREPARED BY: City Council February 25, 2021 March 2, 2021 Joel Hauck, ESG Architecture & Design 200 Chestnut Partners LLC A Conditional Use Permit, associated Variances, and Design Permit appeal for a four-story, 61-unit apartment building 200 Chestnut Street East CASE NO.: 2020-60 Central Business District Central Business District Historic Height Overlay District Downtown Design Review District Community Development Director Bill Turnblad, City Engineer/Public Works Director Shawn Sanders, Building Official Cindy Shilts, Middle St. Croix WMO, Washington County Public Works Abbi Wittman, City Planner REVIEWED BY: Bill Turnblad, Community Development Director INTRODUCTION 200 Chestnut Partners LLC owns the property at 200 Chestnut East and is proposing to redevelop the site with a four-story, 61-unit apartment building with 73 underground parking spaces. In addition to holding a neighborhood meeting prior to the application submittal, the applicant participated in a Technical Review meeting with local agencies and organizations to gain insight on how the proposed project conforms to local regulations. The project proposed to the City Council reflects those regulations; where variations occur or conditions are recommended for conformance, they are outlined within this report. Residential uses, as well as Large Building Projects, in the Central Business District (CBD) require a Conditional Special Use Permit. The proposed fourth story, jointly with the building's overall 48.5' height, exceeds the maximum allowable three -stories and 37' height in the Historic Height Overlay District. The applicant is requesting variances to the City's CBD Setbacks, the Height Overlay standards, and the Off -Street Parking and Loading requirements. Given the scope and location of the project as well as the proposed height is 10% greater than the Case no. 2020-60 Page 2 maximum allowable limit, City Code requires the Planning Commission (PC) make recommendation to the Council. Approval of a Heritage Preservation Commission (HPC) Design Permit is required prior to Council consideration. On December 16, 2020 the HPC reviewed a Design Permit application for the property that contained a recessed fourth story that included a mix of residential units, enclosed common space, and rooftop terracing. Citing the project's need to conform to the mass and scale of buildings in its vicinity (including the adjacent Stillwater Commercial Historic District), the HPC tabled consideration of the design, requesting modifications to the scale of the 4th story — if not full removal. On January 20, 2021 the applicant obtained conditional approval of a Design Permit application from the HPC though the HPC's conditioned the approval with no fourth story. The applicant has appealed the HPC's decision to the City Council. On February 18, 2021 the applicant met with the Downtown Parking Commission (DTPC), and advisory body to the Council, to discuss the request for a parking variance. The applicant is proposing to create 73 off-street spaces, leaving a 35 space deficit, and utilizing an on -street parking space for loading and unloading. As a reminder to the PC, City Code allows for mitigation of parking (by payment in lieu of parking creation) in areas with zero lot lines or similar conditions. The DTPC indicated that, with certain conditions, they believe the development could still conform to the intent of the Off -Street Parking and Loading regulations. They recommend the Council allow the developer to pay a fee in lieu of creating 35 parking spaces. Their conditions surrounded around requiring off-street spaces to be dedicated to the residential units so that only guests are utilizing the public parking system. On February 24 the Planning Commission reviewed the request in a public hearing. After taking public comment on the matter, the PC discussed the request and recommended (in a 4-1 vote) to the Council conditional approval of a 61 unit, three-story/39.5' tall apartment building. The recommendation suggests the Council approve the proposed setbacks and parking mitigation plan as well as allow for (a limited number of) Short Term Home Rental options within the building. In addition to staff recommended conditions, the PC recommend no outdoor amplified music be permitted and that quiet hours are observed after 10 PM. SPECIFIC REQUEST The applicant is requesting consideration of a: 1. Conditional Use Permit for 61 multi -family residences in a Large building project in the CBD Zoning District; and 2. A 35 space variance to the Off -Street Parking and Loading requirements; 3. A one-story variance to the three-story maximum height in the Central Business District Historic Height Overlay District; 4. A 11.5' variance to the 37' maximum allowable height in the Central Business District Historic Height Overlay District; 5. Variances to the 20' (Combined) Side Yard and 20' Rear Yard Setback in the Central Business District; and 6. Appeal to conditional approval of Design Permit 2020-32. Case no. 2020-60 Page 3 In addition to the applicant's request, the City is contemplating Use Permit approval for Short Term Rental on the site. ANALYSIS Special Use Permit Generally speaking, conformance to the Zoning Code generally surrounds around whether or not the proposed use will be compatible with its surrounding uses. City Code Section 31-207, Special Use Permits, identifies the city may grant a Special Use Permit or amendments when the following findings are made: The proposed structure or use conforms to the requirements and the intent of this [Zoning] chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. Comprehensive Plan Conformity With regard to residential uses in the downtown area, the City has found that they are not only compatible but a welcome addition in the highly -developed and walkable downtown area. The 2040 Comprehensive Plan's (Plan) Land Use and Downtown Urban Design Goals state a community goal is to "develop a land use plan that fosters economic growth and evolution...and welcomes both residents and visitors. Sensitively develop prime Downtown property using a compact mixture of commercial, office, residential..." Additionally, a Local Economy and Tourism goal is to "provide new locations for Downtown housing to support Downtown retail and entertainment venues." This project helps support these goals. The Plan further identifies the need to "provide for a range of new housing opportunities from large lot single family to multi -family." It elaborates that ways to do this are to "explore development concepts such as higher density infill..." and to "encourage market rate rental apartments as an element of mixed use projects in the Downtown area." The City's Land Use Plan helps support higher density development in areas where it is most appropriate, including in the downtown core. The Plan's vision utilizes the 2nd Street corridor for residential development to help support the Main Street commercial uses. However, the Plan indicates high density housing (apartments or condos) is appropriate above the ground level, implying mixed -use development would be preferred. That said, the City's zoning code does not restrict apartments from being on the ground level. In fact, ground -level units, though not common, are located within one-half block of the proposed project site at 110 Myrtle Street East, 212 2nd Street North, and 102-118 3rd Street South. The Plan indicates the City must "ensure all new housing, including high density, adheres to the highest possible standards of planning, design and construction." To help conform to this community standard, the developer has incorporated design features indicative of some of Stillwater's 19th-Century manufacturing buildings and traditional storefronts. This helps reduce the residential `feel' of the building and breaks up the structure into units of scale, ensuring the use's design is compatible with the commercial nature of this area. Zoning Code Conformance Case no. 2020-60 Page 4 As noted, the developer is proposing variation from three sections of the Zoning Code. Analysis of these variances is addressed in a subsequent section of this report. There are City Code requirements worth noting: Height: The structure's proposed maximum height, when measured from the average elevation of Chestnut Street East (the front of the building) to the top of the elevator overrun, will be 52.5'. However, elevator and stairwell bulkhead are allowed to project above the maximum height of a building so long as they are integral to the building; given they serve the entire building from ground level up, they are integral. The requested maximum foot variance (of 11.5'), as reviewed later in this report, is measured to the top of the fourth story. Even as a three-story structure, the building's design would necessitate a 2.5' variance request. Trash: The developer is proposing to keep all trash receptacles in the building's basement parking area. Staff is recommending a condition of approval to insure trash remains in the building in perpetuity. Short Term Home Rentals (STHR): The City has created the STHR program to help provide additional housing options for visitors. While in the City has limited the total number of licenses in the CBD, there is concern that if a STHR license was obtained for this building, all units could be utilized for Short Term Rentals — whether that is the intent of the current owner or not. This would be in direct conflict with the community's housing goals previously cited. Staff proposed the City limit the total number of STHR units to one. However, the PC has made recommendation to the Council that 10% of the units be eligible to be used as STHRs. The reasoning for this is two -fold: the STHR allowance increase can help offset monthly rents for the building; and there would be less competition for use of these spaces among tenants who might seek this type of rental for guests. Traffic and Parking: The City retained the services of the engineering firm SRF to conduct a traffic and parking impact analysis for the City. They determined the new structure's uses (assessed for 73 housing units) would not have a negative impact to the existing traffic circulation patterns, including parking and vehicle cueing on Union Alley. The impact analysis additionally concluded that, based on International Traffic Engineering standards, the City' existing parking standards (requiring 1.5 parking spaces for every one unit and one space for every three units) is excessive. SRF concluded that instead of the City's requirement of 112 parking spaces, a range requirement between 64 and 108 spaces was more appropriate. The DTPC agreed 108 spaces should be required. They further indicated: and indicated, if 73 spaces are created in the basement and used by the residences, then the 35 space deficit would not be a detriment to the City's parking system in this location. They recommend mitigation of 35 spaces through the City's parking permit program. Recommended conditions of the DTPC have been incorporated into Planning Commission recommendations of approval cited later in this report. Stormwater Management: The property is located in the Middle St. Croix Watershed and must meet the City's adopted stormwater management requirements. The applicant is proposing to do this through the installation of a green roof tray system. The project has been reviewed and approved by the Watershed Management Organization (WMO). The WMO recommends two Case no. 2020-60 Page 5 conditions of approval: • A proposed maintenance agreement shall be required; and • The Stormwater Pollution Prevention Plan is updated to prohibit engine degreasing onsite. While the WMO has recommended approval of the plan, City staff is concerned for the use of this type of system. New to Stillwater and rather complex, City staff would recommend the WMO's condition includes the City's (or its representative's) ability to access the system. This maintenance and access agreement should be in place prior to the release of the building permit. Noise The PC expressed concern that the rooftop terrace could become a noise nuisance. Therefore, they recommend a condition be added that quiet hours would be observed at lOpm and that there would be no amplified music outdoors. Relevant Area Plans The developer is proposing to install pedestrian -scaled lighting on Chestnut Street East and 2nd Street South adjacent to this building. Though not an adopted plan, the City has recently consulted with SEH to assess the downtown lighting system for the prospect of future changes and potential ownership. City staff is recommending the pedestrian -scaled lighting conform to the City's design standard for such. Additionally, the developer should enter into a maintenance agreement with the City prior to the issuance of a building permit. Any additional conditions necessary for the public interest have been imposed or use and/or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The City has received numerous comments regarding this development and, while some of have been expressions of support — especially with regard to the positive impact the development will have on the construction industry, most of the comments are concern for the development's inability to meet the City's height and parking requirements. All public comments are attached for PC review. Additionally, where necessary, City staff is recommending the Council consider certain conditions of approval to help ensure the property and its uses will not be a nuisance or a detriment to the public welfare of the community. Variance Analysis The purpose of the variance is to "...allow variation from the strict application of the terms of the zoning code where the literal enforcement...would cause practical difficulties for the landowner." In addition to the requirements, below, Section 31-208 indicates "[n]onconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance." Section 31-208 further indicates: ■ Economic considerations alone do not constitute practical difficulties. Case no. 2020-60 Page 6 • A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits. 1. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. The requested variance would not permit a use that is otherwise not permitted in this district. 2. The variance must be in harmony with the Zoning Code and the Comprehensive Plan. a. What is the purpose of the regulation for which the variance is being requested? • The purpose of the Height Overlay District is "to preserve and enhance the essential character of the downtown" by ensuring "structures close to the river not rise above the height of structures farther from the river". • The purpose for Side and Rear Yard setbacks is to provide for uniform patterned development for aesthetic and environmental reasons as well as to provide for onsite parking in the rear of buildings. • The purposes of the parking and loading requirements are to "reduce street congestion and traffic hazards in the city" and to "add to the safety and convenience of its citizens, by incorporating adequate, attractively designed, and functional facilities for off-street parking as an integral part of every use of land." b. If granted, would the proposed variance be out of harmony with the Zoning Code? • As discussed by the HPC, there are no four-story structures adjacent to the proposed development site. The overall height — which is an element of the structure's overall mass — is out of scale with structures in the adjacent historic district. While there are four-story structures in the CBD, it is rare to have them in • Reduction of the side and rear yard setbacks in the CBD area common. In fact, the Downtown Design Review District reduces the Main Street setbacks to zero to be compatible with the historic development patterns; this is not a development pattern exclusive to Main Street. The proposed reduction of the setbacks for this property has been found by the HPC to be consistent with the historic development pattern of buildings along 2nd, Chestnut, and Myrtle Streets and Union Alley. • If the developer was granted a parking variance, and mitigation did not occur, this would not be in harmony with the requirements of the Zoning Code. c. If granted, would the proposed variance be out of harmony with the Comprehensive Plan? The 2040 Comprehensive Plan (Plan) encourages high quality development in the downtown core that is compatible with, and does not provide a nuisance to, the downtown's historic character and its existing land uses. While reduced setbacks are in harmony with the Plan, the increased height and the parking variances would be in conflict. A policy of the Plan is to "encourage mixed use development that incorporates housing and parking structures within Downtown". Since the developer is proposing some onsite parking with mitigation for (approximately) 1/3 of the parking required, the waiver of these parking requirements is in harmony with the Plan Case no. 2020-60 Page 7 3. A variance may be granted when the applicant establishes that there are "practical difficulties" in complying with the Zoning Code. A practical difficulty means that the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute a "practical difficulty". a. Is the property proposed to be used in a reasonable manner? Residential properties with underground parking, including those greater than three stories and built to the lot lines, have been found to be reasonable in the downtown area. Is the plight of the landowner due to circumstances unique to the property? The balancing of the community's competing goals and required development standards (including height, setbacks, and parking), though not unique to this site, does create a plight. If any uniqueness exists, it is in that this is one of the only opportunities in the downtown core where an entire (half) city block can (and should) be redeveloped at one time. In an area where the City encourages higher -density infill, accommodating for all zoning code requirements — even with raw, vacant land, can be challenging. b. Are the circumstances created by the landowner? The property is proposed to be developed to nearly all lot lines, maximizing the development potential of the site. Though the City encourages build -out compatible with the historic development pattern, it is the desire of the developer to have the proposed number of units despite the property's inability to meet all parking onsite. Additionally, it is the desire of the property owner to have a (partial) fourth -story on this building. Therefore, the property's height and the parking deficit are created by the landowner. c. If granted, would the variance alter the essential character of the locality? As indicated by the HPC, a four-story building will alter the essential character of the area the structure is proposed to be located in. As a three-story building, the HPC was not concerned the proposed building setbacks would alter the essential character of the locality. Additionally, the DTPC asserts that requiring all residential units to have (at least) one parking space would not alter the essential character of the City's parking system in this location. d. Have practical difficulties been established independent of economic considerations? There is difficulty in meeting the community's (sometimes competing) Comprehensive Plan goals and the Zoning Code standards. To achieve this, maximizing the building's footprint to accommodate for more units (and parking spaces) is necessary. However, difficulties regarding conformance to the City's height regulations have not been established. Design Permit Appeal As noted, the applicant is seeking an appeal to the HPC's condition that the structure be permitted without a 4th story. While the design substantially conforms to the standards set forth for the issuance of design permits, the HPC does not believe the building's height (as part of the Case no. 2020-60 Page 8 scale and mass of the building) is compatible with the site and its surroundings; this is a standard set forth in the code. As part of the findings the Council must make for the granting of Use Permits and Variances, the Council must find: • The proposed building alteration or new construction, including its appurtenances, does not materially impair the architectural or historic integrity of the building and site, adjacent buildings and sites, or the neighborhood as a whole; and • Granting the design permit will be in keeping with the spirit and intent of this chapter and does not negatively alter the essential character and significance of the building, site, and its surroundings. POSSIBLE ACTIONS The Planning Commission has the following options: A. Recommend the City Council approve the requested use permit, with or without associated variances, with (at least) the following conditions: 1. Plans shall be substantially similar to those found on file with CPC Case No. 2020- 60 and dated February 19, 2021, except as modified by the conditions herein. 2. Outdoor amplification shall not be permitted and the property shall observe quiet hours after 10PM. 3. Short Term Home Rentals may not be utilized for greater than one 10% of the total number of units 4. Refuse shall be kept inside at all times with the exception of collection day. Refuse containers outside on collection day shall not block the public right-of-way, including the sidewalk. 5. All mechanical units shall be enclosed or screened from public view. 6. Abutting sidewalks must be kept clean of trash, cigarette butts and other forms of debris. 7. All 73 onsite parking spaces shall be assigned to, and leased with, the 61 apartment units. 8. A parking mitigation plan must be approved by the Downtown Parking Commission to satisfy the off-street parking requirements. If the plan includes a fee -in -lieu, the fee shall be paid upon receipt of City invoice. Failure to pay charges within 30 days will be certified for collection with the real estate taxes with the real estate taxes in October of each year. The applicant waives any and all procedural and substantive objections to the purchase requirement including, but not limited to, a claim that the City lacked authority to impose and collect the fees as a condition of approval of this permit. The applicant agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this permit including this provision. a) Any conditions attached to the parking mitigation plan approved by the Downtown Parking Commission are incorporated by reference into this Conditional Use Permit. 9. Prior to the release of applicable building, grading, right-of-way, and/or obstruction permits from the City, the developer will provide a traffic control plan for review and approval by the City Engineer. Case no. 2020-60 Page 9 10. Prior to the release of applicable building, grading, right-of-way, and/or obstruction permits from the City, the developer shall enter into a maintenance agreement for the installation of pedestrian -scaled lighting located on public sidewalks. 11. Prior to the release of applicable building, grading, right-of-way, and/or obstruction permits from the City, the developer shall enter into an access and maintenance agreement for stormwater requirements. 12. The Stormwater Pollution Prevention Plan is updated to prohibit engine degreasing onsite. 13. The project shall require full review by the Middle St. Croix Watershed Management and approval, and payment of all review fees, will be required prior to issuance of any building or grading permits by the City. 14. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. 15. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the decision -making authority in a public hearing. B. Recommend denial of the requested use permit and associated variances. With a denial, findings of fact supporting the decision must be provided. C. Table the request for additional information. FINDINGS AND RECOMMENDATION While the residential use of this large building project is not of primary concern, the ability to meet all Zoning Code requirements is of concern. The State of Minnesota is specific in that Cities may grant variances but are not obligated to do so. When they do, they must make findings practical difficulty has been established. As noted in this staff report there is no difficulty in conformance to the City's maximum stories requirement though there is difficulty in achieving a three-story building (with tuck -under garage) in the maximum 37' height requirements. It is clear the development team has spent considerable time developing a thoughtful addition to the downtown area. Having obtained a conditional -approved Design Permit from the HPC, it is clear the overall concept of the building (though a change to this landscape), fits within its surroundings so long as the overall height of the building is reduced. The fourth story helps maximize the development opportunities of the site. However, the City is generous in its allowance for elevator and bulkhead features to rise above the maximum height level, setbacks consistent with the historic fabric, and allowance of (up to) 10% of the units to be utilized as STHRs; this helps the developer maximize the development opportunity of the site. While City staff understands parking in the downtown area is limited and the removal of the existing parking deck system impacts the area, the developer is proposing to meet nearly 2/3 of all parking onsite. As discussed by the City's traffic engineer and according to traffic engineering standards, the additional 35 spaces not being met may not even be needed. With the DTPC's recommendations to require parking spots to be assigned to and leased with the units and to pay a monthly parking mitigation fee that will contributed to future public parking system improvements, staff does not anticipate the parking plan will cause detriment to the area. While Case no. 2020-60 Page 10 staff recommends the City Council's acceptance of the parking plan, staff does not recommend approval of a variance to the parking requirements. Given this, both the Planning Commission and staff recommend conditional approval of: 1. A Conditional Use Permit for 61 multi -family residences and proposed parking plan, to include partial mitigation, to be located in a Large building project in the CBD Zoning District; and 2. A 2.5' variance to the 37' maximum allowable height as measured from the average elevation of Chestnut Street East to the top edge of the parapet; and 3. Variances to the (Combined) Side and Rear Yard to accommodate the building setbacks as designed and proposed. And denial of: 1. A 11.5' variance to the 37' maximum allowable height; 2. A one-story variance to the three-story maximum height; and 3. The 35 space parking deficit variance. Attachments: Site Location Map Narrative Request Applicant Submission Public Comments cc: Joel Hauck 124 120 118 118 114 112 littOpto. 1,10-0111 rliF — .140 tJ1war Planning Department 216 4th Street North Stillwater MN 55082 65 1-430-8800 www.ci.stillwater.mn.us PLANNING APPLICATION Planning Commission ACTION REQUESTED Special/Conditional Use Permit X Variance Resubdivision* Subdivision* Lot Line Adjustment* Case No, Date Filed: Receipt No.: Base Fee: + County Recording fee $50 per document + Tech Fee: $25.00 Total Fees: Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney, engineering fees and recording fees. Please read carefully: • The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. • Only one copy of supporting materials are required. However, any documents larger than i 1 x l7 must be submitted in paper and in pdf format. • Review the `Checklist to the Planning Administration Application Form' for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the City. • Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. After Planning Commission approvals, there is a I0-day appeal period. Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project 200 Chestnut St E, Stillwater, MN 55082 Assessor's Parcel No. 2803020410001 (PIN N►r►rmbet) Complete Property Legal Description See attached legal description. Zoning District CBD Description of Project See attached project description. "I hereby stale the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further cerl/f 1 will comply with the permit if if is granted and used." Required If other than property owner Property Owner 200 Chestnut Partners, LLC Mailing Address City - State — Zip St, Louis Park, MN 55416 Telephone No. 612-919-2272 4450 Excelsior Boulevard, Suite 400 Email Signature nick@reuterwalton.com (Signature is required) Representative Joel Hauck Mailing Address 500 South Washington Avenue City - State — Zip Minneapolis, MN 55415 Telephone No. 763-670-4799 Email joel.hauck esgarch.com Signature (Signature is required) esc November, 25th 2020 MEMORANDUM Project Name: 200 Chestnut Project No: 219543 Submitted to: City of Stillwater — Planning Commission & Heritage Preservation Commission Property Legal Description: Lots 1, 2, the North 47.14 feet of Lot 3 and the South 84 feet of Lot 3, all in Block 25, City of Stillwater, according to the recorded plat therof, Washington County, Minnesota. ARCHITECTURE & DESIGN 500 Washington Avenue South Suite 1080 Minneapolis, MN 55415 p 612.339.5508 www.esgarchitects.com esc November 25, 2020 MEMORANDUM Project Name: 200 Chestnut Project No: 219543 Submitted to: City of Stillwater — Planning Commission & Heritage Preservation Commission Statement of Proposed Use and Description of Project The proposed project will redevelop a 1960's-era two-story commercial building and parking structure into a 73-unit residential apartment community with 73 below -grade parking stalls. The residential unit mix will be composed of alcove, one -bedroom, and two -bedroom units which will accommodate a wide variety of households including young workers in the local tourist -based economy, families, and empty nesters. The emerging trend toward more frequent telecommuting among the workforce is likely to create increased demand for housing in places like Stillwater. The building amenities will include an inviting ground floor lobby oriented toward Chestnut Street, and a main level club room with access to a large outdoor landscaped patio facing Union Alley. The fourth floor, stepped significantly back from the street on all sides, will house several penthouse residences as well as a small club room and outdoor terrace for use by residents and their guests, featuring views of downtown Stillwater and the bluff beyond. The design of the building draws heavily from the 19th-century character of downtown Stillwater. The simple building volumes will be clad in warm masonry and punctuated with vertically proportioned windows. The inviting pedestrian scale of the building will especially improve the character of Myrtle Avenue, helping to link the downtown core to the bluff top district. The 100 or so new residents will become regular patrons of the shops, restaurants, and other services that make Stillwater such a unique community and increasingly desirable place to live. The massing of the building is designed to minimize the appearance of bulk while maintaining a traditional relationship of building to street. In keeping with late 19th and early 20th century commercial building forms common in downtown Stillwater, the proposed building is composed of simple, rectangular building forms. While the building is larger than its typical neighbor, it is broken into three smaller volumes that relate to the scale of nearby buildings. Two, three-story brick -clad rectangular volumes face Chestnut and Myrtle Streets, helping to link the pedestrian -oriented downtown core to the bluff district. Each of these volumes is 114 feet long along the street facades and 66' feet deep. These dimensions are similar to nearby buildings. The typical pattern in downtown Stillwater is for a building's narrow face to be oriented along the streets that run parallel to the river (Water St, Main St, Union Alley, 2nd St) with its long dimension oriented toward the perpendicular streets (Nelson, Olive, Chestnut, Myrtle). Specific examples include: ■ 321 5 Main (Alfresco): 50' on Main; 116' on Nelson Alley ■ 312 5 Main (Nacho Mama's): 22' on Main, 100' on Nelson Alley ■ 302 5 Main (Whitey's Saloon): 25' on Main, 95' on Olive ARCHITECTURE & DESIGN 500 Washington Avenue South Suite 1080 Minneapolis, MN 55415 p 612.339.5508 www.esgarchitects.com ESG I ARCHITECTURE & DESIGN ■ 236 S Main (American Gothic Antiques): 36' on Main, 100' on Olive ■ 201 S Main (Mara-Mi): 50' on Main, 116' on Chestnut ■ 102 2nd St (Gazette): 22 on 2nd, 108' on Myrtle ■ 123 2nd (JX Venue): 70' on 2nd, 200' on Commercial Spanning between these two bookend building volumes is a third, four-story rectangular volume that runs parallel to 2nd St. This volume is clad in painted siding (to contrast the brick volumes) and set back 10 feet from 2nd St and 37 feet from Union Alley. These setbacks and material contrast serve to minimize the visibility of this volume and emphasize the Chestnut and Myrtle volumes. Furthermore, the top story of the 2nd St volume is set back 14 feet from the Chestnut and Myrtle, minimizing the visibility of the fourth story from surrounding streets. We propose to reduce the yards to near zero on all four sides, in keeping with the surrounding context of late 19th- century commercial buildings. In the downtown historic district, commercial buildings are typically built right up to the street, with only civic buildings set back from the street to emphasize their significance. The proposed building's zero setbacks will enhance the historic context by filling in the existing site with traditional commercial -style building fabric. In particular, the new building's zero setback along Chestnut and Myrtle will enhance the context of the two adjacent historic civic buildings (the historic post office at 220 Myrtle; and the First National Bank at 213 Chestnut) by enhancing the effect of their setbacks. Variance Findings Variances are requested to increase the allowed height, decrease the required setbacks, increase the maximum lot coverage and decrease landscape area and decrease the minimum parking requirement. In general, the requested variances will allow for a building design that reflects and respects the historic character of the Downtown Stillwater, consistent with the City's Comprehensive Plan which calls for new development to "complement Downtown Stillwater's historic character, existing building massing, scale and materiality" and which encourages architecture and urban design which both "recalls late 19th Century commercial design" and "helps create an environment which is pleasing and interesting to pedestrians." In addition, the building massing allows for the increased housing density along 2"d Street that is also called for in the Comprehensive Plan. The proposed variances are due to practical difficulties related to achieving these goals of the Comprehensive Plan, given the conditions and location of the project site. Height The proposed height of the building is 4 stories/46 feet. A variance to allow a building that is taller than 3 stories/37 feet is reasonable and in character with the surrounding development. As illustrated on the context building height exhibit, there are several 3 and 4-story buildings in the CBD height overlay district that are taller than 37 feet. At 36 feet tall, the portions of the building along the street frontages will comply with the 3 story/37-foot height limit. The 4-story portion of the building will be substantially set back from the street, so it will not adversely impact the pedestrian character or experience. As also illustrated in the exhibits, due to the location of the project site within the topography of the downtown and the existing built environment, the 4th story of the building will not result in any meaningful loss of views of the river or bluffs. A 3-story building would not as successfully achieve the City's goals for increased housing options and availability along the 2nd Street residential corridor and in downtown Stillwater. These are unique circumstances that support a finding of practical difficulties. 2 ESG I ARCHITECTURE & DESIGN Setbacks and Lot Coverage/Landscaping Area The proposed setbacks, and the related lot coverage of the building, are reasonable and consistent with the urban design goals of the Comprehensive Plan. As discussed above and illustrated in the exhibits, the setbacks and massing of the building are consistent with numerous historic buildings in the district and the essential character of the area. In fact, we believe that complying with the generally -required yards would detract from the historic downtown district overall and diminish the effect of the greater setbacks of the two adjacent designated landmarks. The building will create an urban "street wall" and enhance the pedestrian character and experience through its selection of materials and incorporation of large windows, balconies, and landscaping. Green roof elements will mitigate for reduced ground level pervious areas. The setbacks and lot coverage are also dictated by the need to maximize the area of the below grade parking garage which, due to the water table, is limited to one level (see further discussion in the parking variance section). And, as is the case with the proposed height of the building, the proposed footprint better achieves the City's goals for increased housing options and availability along the 2nd Street residential corridor and in downtown Stillwater. These are unique circumstances that support a finding of practical difficulties. Parking The minimum parking requirement is 1.5 stalls per residential dwelling unit plus 0.33 stalls/unit for guest parking, which equates to 110 stalls for residents and 24 stalls for guests. The proposed number of stalls to be provided in the underground garage is 73. Our understanding is that the City has recognized that these standards are not appropriate for every development and evaluates the actual parking needed for a development based on a supply/demand analysis. Our own analysis, provided by a professional traffic engineer, demonstrates that the project will provide enough parking on -site to meet the demand generated by the building's users. Therefore, the proposed amount of parking is reasonable and will not alter the essential character of the area. Not only would additional underground parking stalls not be necessary, the relatively low water table is incompatible with any excavation deeper than that proposed. A geotechnical engineer using data from soil borings performed on site in September 2019 determined that ground water lies between 10 and 15 feet below grade across the sloping site (elevations 691 to 694). The proposed elevation of the lowest level of parking is approximately 692; deeper excavation is not feasible. In addition to the enclosed stalls provided within the proposed building, the removal of two curb cuts on Myrtle Street will likely result in the creation of four new public on -street parallel parking stalls for a total of 26 public on -street parking spaces that will be available for visitors. The elevation of the water table, the parking demand analysis and the availability of street parking are unique circumstances that support a finding of practical difficulties. 3 CITY COUNCIL 3/2/2021 1 200 CHESTNUT ST S STILLWATER,MN 3 PROJECT SUMMARY 4-5 PRECEDENT IMAGES 6-8 SITE CONTEXT 9-15 HEIGHT & MASS ANALYSIS 16-17 BIRDS EYE VIEWS 18 CHANGE SUMMARY 19-30 DESIGN PERSPECTIVES 31-35 FLOOR PLANS 36-40 BUILDING ELEVATIONS 40-55 CONTEXT PERSPECTIVES 56-60 LEVEL 4 EVOLUTION 61-65 PROJECT COMPARISION PROJECT VISION The proposed project will redevelop a site currently occupied by a 1960's-era two-story commercial building and parking structure into a new 61-unit residential apartment community with 73 below -grade park- ing stalls. The residential unit mix will be composed of one -bedroom, two -bedroom and penthouse units which will accommodate a wide variety of households including young workers in the local tourist -based econo- my, families, and empty nesters. The building amenities will include an inviting ground floor lobby oriented toward Chestnut Street, and a main level club room with access to a large outdoor patio facing Union Alley. The fourth floor, stepped significantly back from the street on all sides, will house three penthouse residences as well as a small club room and outdoor terrace for use by residents and their guests, featuring views of downtown Stillwater's rooftops and the bluff beyond. The design of the building draws heavily from the 19th-century character of downtown Stillwater. The simple building volumes will be clad in warm masonry and punctuated with vertically proportioned windows. The invit- ing pedestrian scale of the building will especially improve the character of Myrtle Avenue, helping to link the downtown core to the bluff top dis- trict. The 100 or so new residents will become regular patrons of the bars, restaurants and shops that make Stillwater such a unique community. PROJECT METRICS Level Total Construction GSF Plaza / Roof Terrace GSF Total Enclosed GSF Parking/ Mech GSF Residential Stalls Public Parallel Stalls Total Residential GSF Amenity GSF RSF Circulation GSF Units Efficiency (RSF/GSF) Minus 1 27,958 27,958 27,958 73 Level 1 25,883 2938 22,945 1,716 26 21,229 2,182 16,303 2,744 18 76.8% Level 2 22,620 22,620 22,620 20,217 2,403 20 89.4% Level 3 22,620 22,620 22,620 20,217 2,403 20 89.4% Level 4 8,990 3138 5,852 5,852 749 4,633 470 3 79.2% Total 108,071 6,076 101,995 29,674 73 261 72,321 2,931 61,370 8,0201 61 Unit Metrics Studio Alcove 1 Bed 1 Bed + D 2 Bed Total Levell 5 7 2 4 18 Level2 4 6 2 8 20 Level3 4 6 2 8 20 Level4 3 3 Total 0 13 19 6 23 61 Bedrooms 13 19 12 46 90 PROJECT ANALYSIS Zoning Analysis Lot Size (gsf) 29,035 Lot Size (acres) 0.67 Proposed FAR 2.49 Proposed DU/acre 92 Zoning District CBD: Central Business District Downtown Height Overlay Historic Building Adjacency no adjacent buildings Max height 3 Stories / 37' Proposed height 4 Stories / 48.5' Required Parking 92 Residential, 20 Guest Proposed Parking 73 Residential, 26 Parallel Stalls Building Area Analysis Site = 29,035 SF Level GSF % Site Minus 1 27,958 96% Level 1 25,883 89% Level 2-3 22,620 78% Level 4 8,990 31% esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN PROJECT SUMMARY 3 4500 FRANCE AVE (Architect: ESG) THE ELYSIAN (Architect: ESG, Developer: Reuter Walton) LORA HOTEL (Architect: ESG) esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN PRECEDENT PROJECTS 4 436 CHESTNUT ST E 321 MAIN ST S 123 2ND ST N A 102 2ND ST S esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN STILLWATER DESIGN CONTEXT 5 esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN CONTEXT PLAN 6 DOWNTOWN HEIGHT OVERLAY MAP .� .' Road centerlines CBD Height Overlay District Riverside -1.5 storiesl2O' Parkside - 2.5 stories/30' Historic - 3 stories/37' Bluffside - 4 storiesl45' Bluff Top - 3 stories/35' ZONING MAP (DETAIL) CBD: Central Business District esG REUTERWAL,TON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN ZONING & HEIGHT DISTRICT MAPS 7 VIEW FROM CHESTNUT ST VIEW FROM 2ND ST VIEW FROM UNION ALLEY VIEW FROM MYRTLE ST esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN EXISTING SITE IMAGES 8 5TH STREET S 845' +28 4TH STREET S 817' +79 3RD STREET S 738' 2ND STREET S 708' UNION ALLEY 700' ST CROIX TRAIL N 695' WATER STREET S 691' SAM BLOOMER 677' RIVER esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN SITE SECTION 9 10'-0" SETBACK) 1 2ND STREET S 0 ELEVATOR OVERRUN LAND USE APPLICATION HEIGHT ANALYSIS UNION ALLEY Scale: 1/16" = 1'-0" esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN SOUTH ELEVATION - HEIGHT 10 2ND STREET S BUILDING HEIGHT ELEVATOR OVERRUN AVERAGE GRADE PLANE BETWEEN 2ND AND UNION ALLEY M CURRENT DESIGN AND UPDATED HEIGHT ANALYSIS UNION ALLEY Scale: 1/16" = 1'-0" esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN SOUTH ELEVATION - HEIGHT 11 2ND STREET S LAND USE APPLICATION HEIGHT ANALYSIS UNION ALLEY Scale: 1/16" = 1'-0" es G REUTERWALTO DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN EW SECTION - HEIGHT 12 0 i- m 2ND STREET S AVERAGE GRADE PLANE BETWEEN 2ND AND UNION ALLEY CURRENT DESIGN AND UPDATED HEIGHT ANALYSIS UNION ALLEY Scale: 1/16" = 11-0" es G REUTERWALTO DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN WEST ELEVATION - HEIGHT 13 f sw `.. ST CROIX RIVER STILLWATER, MN 1 321 S Main (Alfresco): 50' on Main; 116' on Nelson Alley 2 312 S Main (Nacho Mama's): 22' on Main, 100' on Nelson Alley 3 302 S Main (Whitey's Saloon) 25' on Main, 95' on Olive St 4 236 S Main (American Gothic Antiques): 36' on Main, 100' on Olive 5 201 S Main (Mara-Mi): 50' on Main, 116' on Chestnut 6 102 Main St S (Black Letter Books) 50' on Main, 100' on Myrtle St 7 102 2nd St (Gazette): 22 on 2nd, 108' on Myrtle 8 123 2nd (JX Venue): 70' on 2nd, 200' on Commercial es G REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN CONTEXT BUILDING MASS ANALYSIS 14 ♦ ♦ ♦ ♦ • / / I I / ♦ ♦ / • / ♦ ♦ ♦ • • • ♦ • ♦ / • ♦ ♦ ♦ • • ♦ • • ♦ ♦ ♦ • ♦ • 0 i • • • HISTORIC HEIGHT 1 OVERLAY 2 STORY BUILDING ■ 3 STORY BUILDING ■ 4+STORY BUILDING 41 ill .4 E 4 Y _� ♦ ♦ ♦ ♦ • ♦ ♦ • • ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ • • ♦ ▪ 1 / I I I ♦ ♦ ♦ ♦ 40' ♦ • • • • 0 ♦ ♦ ♦ --• ♦ ;1404 • 39' 0 ♦ ♦ ♦ ♦ ♦ ♦ 90 ▪ ♦ i ♦ • ,• HISTORIC HEIGHT 1_ _ ♦ OVERLAY 4 2+ STORY BUILDINGS + 37 FT BUILDINGS 1 1 es G REUTERWALTO DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN CONTEXT BUILDING HEIGHT ANALYSIS 15 esc R EUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN BIRDS EYE VIEW - SOUTHEAST 16 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN BIRDS EYE VIEW - NORTHWEST 17 SUMMARY OF CHANGES SINCE 12/16/20 & 1/20/21 HPC MEETINGS Ask: Reduce 4th Story - Reduced Level 4 GSF by -7,400 SF Removed 62% of the units on 4th level. Units removed along the West and North Elevation. Added windows and raised planters to north and west elevation at level 4. Ask: Lap Siding is not an appropriate material for Stillwater - Removed All Fiber Cement Panel from project. Replaced with vertical metal panel (similar to Lora Hotel). - Added masonry to East and West Elevation in place of fiber cement panel Ask: Union Alley needs to feel more pedestrian - Reduced height of Cast in Place concrete planters by 2' along Union Alley. Top of planter wall now 3' above sidewalk. Designed intermediate picket railings between planters for added transparency between public and private spaces. Ask: North Elevation (Myrtle) needs more articulation - Relocated NE balcony stack to North Elevation to provide improved architectural interest along Myrtle St. Ask: Increase storefront expression at South Elevation (Chestnut). - Fitness room relocated adjacent to building entrance. Storefront glazing added to this portion of the elevation. Ask: Revise East and West Elevations (long and tall) Removed the 4th floor units on West Elevation. Results in 3 story facade in lieu of 4. Reduced height of balcony piers on West Elevation per 4th floor revision. - Added 3 story mass (clad in masonry) to East and West Elevation. Building Metrics Update: - Reduced total unit count from 73 to 61 (-12) Reduced total bedroom count from 102 to 90 (-12) Parking Ratio updated - 1.20 esG REUTERWALTDN DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN CHANGE SUMMARY 18 es G REUTERWALTOl DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN SE CORNER VIEW 19 zaFft - • frPrWET - MEM al.. ....•• 2-r--r--r. _ -r— MER E C- M Mg-% r.•€:-1 1 E4 E -17—=- E-7-1/27 ; -fitt .47 17-17;7-• • ,h.=Lrar ore.1. m...m... ... FL• - - • - • -,.• ...1.......... :',.. ..../...=L=7. '''; . . . .. ''' Tr.. '‘.. M.. . di . . 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M 11. �sw �ZsZ1" slam alga nEi e SG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW ON 2ND ST 22 esG I REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN NW CORNER VIEW 23 es G REUTERWALTO DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LOOKING WEST ON MYRTLE ST 24 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN NE CORNER VIEW 25 �►ram''!, ►.-��r �diAs!!l�f'r0.A mow-Pr/ 01,0 Wit.-.► 0100 7.70 .10 .fir e sG R EUTER WA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN UNION ALLEY VIEW 26 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LOOKING NORTH ON UNION ALLEY 27 1 RIR Pie tail „pm_ iiiirrairit eta aft sag • 444:17,44.7:1:%, R es G REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN SE CORNER PEDESTRIAN VIEW 28 es G REUTERWA LTQN DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN SW CORNER PEDESTRIAN VIEW 29 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN PEDESTRIAN VIEW ON 2ND ST 30 esG REUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN SITE PLAN 31 MYRTLE STREET SOUTHEAST 2'-5" TO P.L. 26 25 24 23 3' - 0 3/8" TO P.L. 1,307 SF ALCOVE 540 SF ALCOVE 540 SF 1,262 SF GARAGE ACCESS 21 RAM P DOWN PARKING 1,716 SF 1 BED + DEN 1,028 SF — SCREENED TRANSFORMER 1 BED 895 SF 1 BED 887 SF 19 UNION ALLEY 1 BED 856 SF 1 BED 986 SF i8 4 TERRACE 2,938 SF 1 BED 856 SF LIRLULA I IUN 2,586 SF 2ND STREET SOUTH 1 BED 986 SF 1 A6 lb 5 6 7 8 1,249 SF 1 BED 887 SF ALCOVE 602 SF 1 BED + DEN 1,028 SF ALCOVE 602 SF 13 -1' - 4 1/4" TO P.L. 9 LOBBY/LEASING 1,642 SF 10 FITNESS 540 SF 11 ALCOVE 540 SF 1,252 SF 1'-O"_} TO P.L. Scale: 1" = 20'-0" TO DOWNTOWN CHESTNUT STREET SOUTHEAST PLAN NORTH es G REUTERWALTO DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL 1 I Al 32 1,309 SF ALCOVE 540 SF ALCOVE 540 SF 2 BED 1,249 SF 66'-O" 66'-O" 1,409 SF 1 BED + DEN 1,028 SF 1,342 SF 1 BED 887 SF 41' - 0" 115'-O" 1 BED 864 SF CIRCULATION 403 SF 1 BED 986 SF 55' - 0" 1 BED 864 SF 1 BED 986 SF 1,251 SF 1 BED 887 SF 41' - 0" 1,409 SF 1 BED + DEN 1,028 SF 66' - 0" 66' - 0" 1,309 SF ALCOVE 540 SF ALCOVE 540 SF 2 BED 1,249 SF 1 1 Scale: 1" = 20'-0" PLAN NORTH es G REUTERWALTO DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL 2-3 I A2 33 0 GREEN ROOF TRAYS TFRRACF GREEN 3,138 SF ROOF TRAYS PATI') PATIO ILO o 2 BED 2 BED 2 BED AMENITY I 1,779 SF 1,456 SF 1,398 SF 749 SF I —I I I I 1 1 r F F PLANTERS I I I CIRCULATION 1,710 SF I Scale: 1" = 20'-0" PLAN NORTH es REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL 4 I A3 34 2'-5" TO P.L. 247'-0" GARAGE EXHAUST LOUVER 0 I I I I I I I I RAMP UP _ 1'-41/4" TO P.L. PARKING 27,958 SF 0 0 0 n 3.90% 0 0 0 0 0 r 0 r TRASH 0 0 u u r, r, S - STANDARD STALL = 8'-6" WIDE X 18'-0" DEEP C - COMPACT STALL = 8'-6" WIDE X 16'-0" DEEP Scale: 1" = 20'-0" PLAN NORTH esG REUTERWALTO DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL MINUS 1 I A4 35 EXTERIOR MATERIALS ALUMINUM WITH GLASS GUARDRAIL ALUMINUM BALCONY !. WITH GLASS GUARDRAIL - I FIBERGLASS SLIDING PATIO DOORS METAL PANEL AND BALCONY RECESS METAL PANEL AT ELEVATOR OVERRUN METAL PANEL METAL INFILL PANEL vur MECHANICAL LOUVER BUILDING SIGNAGE ON CANOPY OR 411111111111 EMI MOM 1 BRICK VENEER CAST STONE SILLS FIBER CEMENT LAP SIDING METAL PANEL & PARAPET COPING PREFINISHED METAL COPING PRIMARY BUILDIJNG ENTRANCE ALUMINUM STOREFRONT SYSTEM PREFINISHED METAL COPING MASONRY VENEER CAST STONE WINDOW SILL FIBERGLASS WINDOWS Scale: 3/32" = 1'-0" esc REUTERWALTOl DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN SOUTH ELEVATION I A5 ( CHESTNUT ST) 36 METAL PANEL PARAPET COPING I MASONRY VENEER METAL PANEL AT BALCONY RECESS EXTERIOR MATERIALS WI 1111111111ala -Mg IOW I BRICK VENEER !gl CAST STONE SILLS METAL PANEL METAL PANEL & PARAPET COPING ALUMINUM BALCONY FIBERGLASS WITH GLASS GUARDRAIL WINDOW ROOF PLANTERS 11 II-T_ II II MI • • • • • • •N ■• II 1 II A ii ii I I ■• 'III I • • • • poi , 1p 111 • • METAL PANEL MECHANICAL LOUVER FIBERGLASS MASONRY SLIDING PATIO VENEER DOOR METAL PANEL AT BALCONY MIN MASONRY VENEER BASE t MASONRY VENEER METAL PANEL AT ELEVATOR OVERRUN • 11 . i METAL PANEL CAST STONE WINDOW SILL Scale: 1/16" = 1'-0" es G REUTERWALTO DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN WEST ELEVATION I A6 (2ND ST) 37 METAL PANEL PARAPET COPING FIBERGLASS WINDOWS MASONRY VENEER ALUMINUM AND GLASS GUARDRAIL METAL PANEL INFILL METAL PANEL PARAPET COPING CAST STONE SILL EXTERIOR MATERIALS rrrrIL 1111111111ala MIMI M ,IMO BRICK VENEER !gl CAST STONE SILLS METAL PANEL METAL PANEL & PARAPET COPING MECHANICAL LOUVER ELEVATOR OVERRUN BEYOND METAL PANEL FIBERGLASS SLIDING PATIO DOORS ALUMINUM BALCONY WITH GLASS GUARDRAIL RAILING FIBER CEMENT LAP SIDING Scale: 3/32" = 1'-0" esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN NORTH ELEVATION I A7 ( MYRTLE ST) 38 AMENITY DECK GLASS GUARDRAIL METAL PANEL AT ELEVATOR OVERRUN ALUMINUM STOREFRONT SYSTEM ALUMINUM BALCONY WITH GLASS GUARDRAIL ALUMINUM AND GLASS GUARDRAIL EXTERIOR MATERIALS Mg UMW I ■ BRICK VENEER !gl CAST STONE SILLS METAL PANEL METAL PANEL & PARAPET COPING METAL PANEL M ECHANICAL LOUVER I uuIHu�L 111iF -f ipr METAL PARAPET COPING II M . ■■ ■I■ -- ■■ !!!! ■■ ■■ ■ Si Ems ■ • • • ■ ■I ■i ■ I■ ■ ■ ■ ■ ■ , ■■■ ■ ■■ II■ ■■ ■■ ■■ ■■ ■■ =■■ ■ ■ ■ ■ ■ ■ 1 ■ 1 - ■ PLANTINGS, SEE LANDSCAPE PLAN CAST IN PLACE CONCRETE PLANTER WALLS SCREENED TRANSFORM ER AREA OVERHEAD DOOR - PARKING GARAGE ACCESS MASONRY METAL VENEER PARAPET COPING CAST STONE SILL Scale: 1/16" = 1'-0" esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN EAST ELEVATION I A8 ( UNION ALLEY) 39 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN CONTEXT VIEW KEY 40 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #1 - EXISTING 41 esG REUTEROVALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #1 - PROPOSED 42 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #2 - EXISTING 43 esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #2 - PROPOSED 44 • m71.1",L5:LT. �i.^ ww"+ y,i.+rrrr^ter l"w"'m IMP Ili 1111 11111II11A HIM�`� .—.w..rw....r...w........ k" .c._ w.r. .rr.rmw...^a m.�..iR.wum mo m..w.mmaw. rr rr..w. . wm}w.�.rs.arrrrw ordmim +r mwammwmmwmpliammigwrramprimmm MMWmmale 1a11•a. "7 Y_ --- - MM.= esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #3 - EXISTING 45 W».�... %T '" mrrarr. rr�= .rrr.r..rM.a '.. M . MO imMOMMOmmO ' III MI 'Offal"' milt MO rar..w., memMMOMMomMO momasrwr^a� M. NEPOMM=MOOMmOMOWNOOMmoOMO= MOM r_'r."airs __s arraa�ir`+raaaa� .....ter ..r.. ........47......................... ... r.r.......• ....rra+rr.. rr.�.rr.....r.•.+•• ...rrr� r r' ' �ra�s++a�r....sr- ^�'�f.r.r�araa.��e wit? r arr.i....ar w. r i mmmmmmmmm mm .,r.rr.r.rrri • • rra 11 e SG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #3 - PROPOSED 46 es G REUTERWA LTQN DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #4 - EXISTING 47 es G REUTERWA LTQN DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #4 - EXISTING 48 es G REUTERWALTDN DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #4 - PROPOSED 49 es G REUTERWALTDN DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #5 - EXISTING 50 es G REUTERWALTDN DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #5 - EXISTING 51 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #5 - PROPOSED 52 es G REUTERWALTDN DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #6 - EXISTING 53 es G REUTERWALTDN DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #6 - EXISTING 54 es G REUTERWALTDN DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #6 - PROPOSED 55 GREEN ROOF TRAYS PA 10 HERITAGE PRESERVATION COMMISSION 12/16/2020 2 BED 1,616 SF MECH 2 BED 1,561 SF U 2 BED 1,440 SF GREEN ROOF TRAYS P 0 2 BED 1,322 SF Tr 2 BED 1,629 SF GREEN ROOF TRAYS PAT 0 14'-O" 1 BED 887 SF 2 BED 1,774 SF n 1 21c1' - RR TERRACE 854 SF ill AMENITY 576 SF Lim 2 BED 1,566 SF p,,T • GREEN ROOF TRAYS 14'-0" GLASS GUARDRAIL, TYPICAL AT ALL OCCUPIABLE SPACE AT LEVEL 4 Scale: 1" = 20'-0" PLAN NORTH esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL 4 I A3 32 esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL 4 EVOLUTION 56 i- m O O 14'-O" REMOVED 5,450 SF 1,561 SF PRINT REM (5,450 SF 1,440 SF 1,322 SF RR 1,566 SF TERRACE 854 SF AMENITY 576 SF 14'-0" PLAN NORTH es G REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL 4 EVOLUTION 57 1,759 SF GREEN ROOF TRAYS 66' - O" HERITAGE PRESERVATION COMMISSION 1/20/2021 115'-O" PATIO CIRCULATION 1,688 SF O GREEN ROOF TRAYS 66' - 0" TERRACE 2,041 SF AMENITY 4,176 SF GLASS GUARDRAIL, TYPICAL AT ALL OCCUPIABLE SPACE AT LEVEL 4 Scale: 1" = 20'-0" PLAN NORTH esG I REUTERWALTON OW/ MOM ZE 200 CHESTNUT STREET ctillwatar nnni LEVEL 4 I A3 I IDnATIn es G R EUTERWA LTOl DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL 4 EVOLUTION 58 O 66' - 0" 115' - 0" 66' - 0" 35' - 8" 0 m N O P AT 10 GREEN ROOF TRAYS • PATI 0 1,440 SF CIRCULATION 1,688 SF A"K O O REMOVED 1,950 SF TERRACE 2,041 SF AMENITY 4,176 SF 14'-0" GLASS GUARDRAIL, TYPICAL AT ALL OCCUPIABLE SPACE AT LEVEL 4 n 11 o f i /1 I I 1 A5 PLAN NORTH es G REUTERWALTO DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL 4 EVOLUTION 59 0 GREEN ROOF TRAYS TFRRACF GREEN 3,138 SF ROOF TRAYS PATI') PATIO ILO o 2 BED 2 BED 2 BED AMENITY I 1,779 SF 1,456 SF 1,398 SF 749 SF I —I I 1 I 1 1 r PLANTERS I I I CIRCULATION 1,710 SF I Scale: 1" = 20'-0" PLAN NORTH es REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL 4 EVOLUTION 60 DOUGHERTY BLOCK TOWER ADDITION OWNER: CHUCK 4 JUDO` DOUGHERTY 5T.CROIX PRESERVATION CO ARCHITECT: MICHAEL F. DIEM ARCI-INET INC., STILLWATER CONTRACTOR: 6+n N5ON-ORTh es G REUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN PROJECT COMPARISION 61 WATER STREET INN SKY DECK PARAPET HEIGHT = 44' 200 CHESTNUT SKY DECK PARAPET HEIGHT = 38'-6" .7m.= 17:7 ��g 11 , EXISTING BUILDING HEIGHT = 41'-0" esc R EUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN PROJECT COMPARISION 62 WATER STREET INN SKY DECK PARAPET HEIGHT = 44' 200 CHESTNUT SKY DECK PARAPET HEIGHT = 38'-6" esc R EUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN PROJECT COMPARISION 63 0 1r L WATER STREET INN 200 CHESTNUT 0 1r 2ND STREET S WATER STREET INN AVERAGE GRADE PLANE BETWEEN 2ND AND UNION ALLEY UNION ALLEY Scale: 1/16" = 1'-0" esc R EUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN PROJECT COMPARISION 64 .1.011VII 11111 fr.) ..su1 Irri !.4J • 1.1 .11 W LIME 0:111 CU f.15L1_ n .-704'11rrr esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN PROJECT COMPARISION 65 THANK YOU Jenn Sundberg Subject: FW: New proposed Apartment Building in Downtown From: Mark Balay [mailto:mark@balayarchitects.com] Sent: Thursday, December 17, 2020 3:10 PM To: Abbi Wittman <awittman@ci.stillwater.mn.us> Subject: New proposed Apartment Building in Downtown [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Abbi and HPC Members, We want to make sure my wife Cathy and I give you our opinions based on the materials in the HPC Packet online, since our home is close by at 110 Myrtle St. One of the perspective shots they took shows the building set into a photo that is taken from our driveway. Being familiar with the site lines in that small area. The view they did not take was from North Third St. That is where the full body of the building will be quite visible and dominant in the scenic view. A view from the upper ground portion of the parking for the parking ramp will have the west elevation of the building almost in full view. The design of the building is fairly neutral and utilizes geometry from the rest of downtown and looks fairly compatible. The use of Lap siding in this design solution is very contemporary and not a historical qualified move. I would not switch to a stucco type product instead of this though. Tough question. The four story proposal is unfortunately way to big, and it exceeds with it's "penthouse level" what is allowed by the currently crafted zoning ordinances. Notice that those top units are dominantly two bedroom for a financial reason. We do like the common room/ terrace space. We do not support a four story building but would support a three story structure, which wpud meet current height restrictions we believe, Second huge issue is parking deficiency. Their proposal does not do what it needs to do for permanent parking spaces for each unit. If the building is reduced to three levels that problem will go away we believe. The Stillwater governmental body has already not allowed development in the old Armory because of parking deficiency and this building being residential makes it even more important to comply and provide required units for each apartment at least. We ask you to demand full compliance with parking. Thank you for hearing our opinions and conclusions and taking them into consideration on this matter. Mark And Cathy Balay i Jenn Sundberg From: Anne Loff <anneloff@gmail.com> Sent: Friday, January 22, 2021 9:20 AM To: Planning Dept Subject: CPC 2020-60 [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. The ownership group of Hotel Crosby is in support of the request to allow for variances at 200 Chestnut Street E. We believe that this project will provide a much needed residential base in Downtown Stillwater and will greatly contribute to the continued growth in the area. Thank you for your consideration, Anne Loff Chris Diebold Brian Asmus 612-987-2044 612-315-4909 fax i Abbi Wittman From: Kristina Marshall <kristina@kristinalynnphoto.com> Sent: Wednesday, December 2, 2020 1:58 PM To: Abbi Wittman Subject: Re: FW: Concerns regarding the Chestnut Building project Attachments: 20201014_142930.jpg; 20201022_112618jpg; 20201014_142916jpg [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Abby! I had a chance to look over the proposed plans and would like to officially submit the following concerns as a downtown business owner: My first concern is the height of the project they are proposing. I know they are asking for a height variance to be able to build a 4th story onto the project, making it about 13 ft higher than what the current height restriction allows. My studio is located right up the road on Chestnut (118 Chestnut Street East), I'm on the 2nd story and have windows that look out to the East. According to the builders, the current Chestnut Building height is estimated to be around the current height restriction, and I'm really worried that building a 4th story onto that is going to be a monster of a building, and will definitely be impacting surrounding buildings. I'm including some photos taken looking out my windows, and you can see where the current Chestnut building height is. I cannot imagine having another 13 ft of building on top of that. While the 4th story would be set back, I think it will really tower over the surrounding buildings. Especially the 1 story buildings on the corner. Having a 3 story building alone built on that full lot will really change the landscape of the block as it will be a big tower on a space that has mostly been open parking or courtyard space. I understand it's their right to build up to the 37' height, but I am concerned about them getting the 4th story variance and setting a precedent for future developments. A lot of their renderings they showed during the presentation were from higher vantage points, looking down on the building. As a photographer I know that perspective is everything, and from a downward viewpoint size is minimized and can be deceiving. My second concern is their request for the parking variance. I know they are requesting to do only 1 parking spot per unit, not the 1.3 spots the city currently requires. If they only did 1 space per unit (73), instead of the 95 they would need at the 1.3 multiplier. That's 22 spaces they are shorting per current city requirements. I'm also concerned about the parking variance because it is quite possible for 2 adults to live in even the 1 bedroom apartments which could equal 2 cars for just those units alone (not to mention more for the 2 bedroom units). If only one car can fit in the underground parking, where will the other car(s) be parked? I'm worried that these cars will take up valuable parking spaces elsewhere in downtown. We're already losing quite a few open parking spots (about 14 if my math is correct) with this project with the loss of the small parking lot on the property (not including the lower and upper parking garage space that's currently designated for Chestnut Building business). It appears from their parking study they are saying the peak parking demand will be from lOpm - 5am. However, in their other document they noted that "The emerging trend toward more frequent telecommuting among the workforce is likely to create increased demand for housing in places like Stillwater" which if that's the case and more people are working from home means those cars will likely be in Stillwater throughout the day and not just in that 1 Opm-5am timeslot. Something to take into consideration. i Again, mainly wanted to voice my concerns as a way to spark conversation and make sure the city is looking at all aspects of how this project might impact the downtown area. If anyone would like to see my space to really get a feel for how this building could change the viewpoint from this perspective I'd be happy to arrange that. Thanks so much! KRISTINA MARSHALL Kristina Lynn Photography & Design I Owner & Photographer www.kristinalynnphoto kristina@kristinalynnphoto.com • (651) 968-1635 Minnesota Studio • 118 Chestnut Street East, Stillwater, MN 55082 Iowa Studio • 106 1st Ave SE, Clarion, IA 50525 On Tue, Dec 1, 2020 at 12:00 PM Kristina Marshall<kristina@kristinalynnphoto.com> wrote: Hi Abbi! Thanks so much for sending those over. I glanced through them and they are definitely more in depth than what was presented back in October. Very helpful! I'll take a peek at them and then resubmit my concerns :) THANK YOU! 2 r' r . '% 4Fi4 /■ - • ,, L:I. i -L" li / . ' i . -.1 \ 1 - ••I-��' 4±E) , . .: ; � - 'M*» \ te '"I .11-, •' _^ �.., `, . t. -_ . - --2 ,| . • kx ik . _. ,i2. ` . -41 1 ._• '2£i..le- I, e� .T-0- -,r. .a."I°. ` _4N \ . ` --n .-� . a • \ \..• V : r _ .Cr � e . • . CURRENT CHESTNUT BUILDING ROOFLINE 1 CURRENT CHESTNUT BUILDING ROOFLINE • • , _' _ • ' i 0116, r Fr CURRENT CHESTNUT BUILDING r ROOFLINE •�� 700 Olive Street • Saint Paul, MN 55130 December 18, 2020 [ARn�i�ERS Members of Stillwater Planning Commission 216 North Fourth Street Stillwater, MN 55082 Dear Members of the Stillwater Planning Commission Phone: 651.646.7207 • Fax: 651.645.8318 I am writing today in support of the Reuter Walton project for 73 units on 200 Chestnut in Stillwater. This project will include $17.5M in construction which means thousands of work hours for carpenters and other construction trades workers, that will pay wages and benefits to support a middle class living. With the construction economy facing uncertainty due to the COVID-19 pandemic, we urge the support of this project that will build housing for your community in partnership with a responsible developer such as Reuter Walton. We understand that Reuter Walton is seeking a 4th floor variance to be able to underwrite the project. Reuter Walton has been thoughtful with their approach when designing the 4th floor as it will be set back on a 3rd floor that is only 37 feet in height. This seems to be a well thought out compromise and we look forward to this project making it through the necessary planning stages at the City of Stillwater. On behalf the North Central States Regional Council of Carpenters, we strongly support this project at 200 Chestnut in Stillwater. Fraternally, Adam Duininck Director of Government Affairs www.northcountrycarpenter.org Constance J. Paiement, Attorney Joseph M. Paiement, Attorney January 1R, 202n vidE ' ENT/ LAW OFFICE Licensed Attorneys in Minnesota and Wisconsin Stillwater City Council Members; Stillwater Planning Commission Members; & Stillwater Heritage Preservation Commission 216 4th St N Stillwater, MN 55082 221 East Myrtle Street Stillwater, Minnesota 55082 T 651.967.5050 F 651.967.5055 www.paiementlaw.com RE: 200 Chestnut St East Property — Case CPC 2020-60 Dear Stillwater City Council; Planning Commission; & Heritage Preservation Members: This letter is in response to the December 15th and November 22, 2020 Memorandums from Swing Traffic Solutions regarding parking analysis for 200 Chestnut Street East. In reviewing the memorandums three rather significant issues jumped out at us. First, the analysis of the parking demand is based on national data and not specific to Minnesota or Stillwater. Habits and trends on modes of transportation will of course vary depending on the local climate. We would think mere would generally be a higher demand for indoor off-street parking in colder snowy climates vs warmer climates. Second, the report compared the property to suburban areas nationally, parking for an apartment building in downtown Stillwater we would assume would be different then even Woodbury or Lake Elmo, where there is space for street parking and parking lots on the property. Third, the study assumes parking demands are the same for all types of apartment dwellings or is using an average of all types of apartment dwellings. We would assume that a higher more expensive rental unit would likely draw tenants who demand parking spaces for each adult in the unit whereas a lower end apartment building there may be more shared vehicles for adults in a single unit. The 200 Chestnut property is being promoted as a high -end rental unit. It is reasonable to expect that many of the units will have 2 adult drivers, including the one -bedroom units. Anything short of the current Stillwater current regulations on the number of parking spaces required for the property is going to create parking issues not only for the proposed tenants at 200 Chestnut but also for all of us in neighboring buildings. We are again asking the City to deny the variances to the parking and the height on the currently proposed apartment complex at 200 East Chestnut Street. If you have any questions or would like additional information, please feel free to contact us at 651-967-5050 or ioe(c�PaiementlIaw, cconnieCcr�paiementlaw.com. oseph Paiement & Co r i'e'nce Paieme Constance J. Paiement, Attorney Joseph M. Paiement, Attorney December 12, 2020 vpJE LAW OFFICE -- Licensed Attorneys in Minnesota and Wisconsin Stillwater City Council Members; Stillwater Planning Commission Members; & Stillwater Heritage Preservation Commission 216 4th St N Stillwater, MN 55082 RE: 200 Chestnut St East Property 221 East Myrtle Street Stillwater, Minnesota 55082 T 651.967.5050 F 651.967.5055 www.paiementIaw.com Dear Stillwater City Council; Planning Commission; & Heritage Preservation Members: This letter is regarding the proposed apartment building on the city block at 200 Chestnut St East, Stillwater, MN. The undersigned own the property at 221 East Myrtle Street (Paiement Law Office) and as neighboring property owners we strongly object to the proposed apartment structure at 200 Chestnut Street East for the following reasons. Parking Issues — Based on the Pioneer Press article on the project dated December 11, 2020, the apartment complex will be a 73-unit building, with 44 one -bedroom, 10 one -bedroom plus, and 19 two - bedroom apartments, with only 73 on -site parking spots. For the size of the project the parking ordinances require 134 parking spaces, almost double what the proposed plans have. As for on -street parking, there are currently 22 parking spaces around the property: 10 spaces on 2nd Street, 3 on Chestnut, and 8 on Union Alley. The spaces on Union Alley and Chestnut are always at least 90% occupied 24/7. With the Chestnut building now empty, even during COVID with many businesses in the area shut down and people working remotely, people are routinely using the Chestnut building parking lot as overflow parking, and there is generally half a dozen or more cars in the lot during the business week. When businesses are not shut down for COVID and in nice weather the parking is even more in demand. In the last two years we have already seen the parking in our area shrink. First, the City decided to make the east side of Union Alley all no parking for 5 months of the year and now there appears to be a semi- permanent loss of several more parking spaces on Chestnut Street between Main Street and Union Alley. There are businesses and apartments on Main Street between Myrtle and Chestnut that the closest parking is the Union Alley and Chestnut Street on -street parking spots and there are already too few spots to accommodate current needs. The surrounding streets can no accommodate the additional demands of a 73-unit apartment building with not enough parking for all their tenants and guests. City of Stillwater Page 2 We also own a unit in Terra Springs, and the units in Terra Springs all have one underground parking spot and many have two, yet the outdoor parking on the property is generally full all the time. The proposed apartment complex for the Chestnut building needs to have on -site parking to accommodate, at a minimum, all their residents. Variance for Height — The Heritage Preservation Commission has developed over the years very specific strict rules for the downtown area to attempt to preserve a historic downtown look. We recall the two hour meeting/debate we had with the Commission simply to convert the non -working torn roll -out awning on Union Alley side of our building with new aluminum fixed awnings before it was finally agreed that we could replace the awnings so long as we kept all the mechanics of the roll -outs. The proposed apartment complex is looking for a major variance of 9 feet on half the site size, or one-half of a full city block. They claim it doesn't block any views. We disagree, for the most part our windows look to the west and will be directly looking at the new structure. The new structure will block all our views of the beautiful historic buildings we see that are on Chestnut Street, 2nd Street, and 3rd Street, in addition to some beautiful large homes sitting up on the hill. The additional height will cause even further loss of natural lighting into our building. For the reasons stated above, we are asking the City to deny the variances to the parking and the height on the proposed apartment complex at 200 East Chestnut Street. If you have any questions or would like additional information, please feel free to contact us at 651-967-5050 or ioe{a�.paiementlaw.com and connie(c paiementlaw.com. Sincerely, Jo ph Paieme Co stance Paie �1� Jenn Sundberg From: James S. Redpath <JRedpath@redpathcpas.com> Sent: Monday, January 11, 2021 12:13 PM To: Planning Dept Subject: Chestnut Project My name is Jim Redpath. My address is 640 Main St N-unit 6, Stillwater, MN I support the new project on Chestnut proposed by the current land owner because... a. ....The two variances being asked for are small compromises to bring 75-80 new residents to become patrons to the charming Stillwater businesses that need them now more than ever. b. ....The height variance being requested will have minimal view impacts, but will allow a very important project to move forward and add additional tax paying residents to Stillwater c. ...Based on this project being located in "the bowl", the additional height variance will have no adverse effects to existing residents that the allowable 3 stories wouldn't already impact d. ...This project will be Union built and will create thousands of work hours for carpenters and other construction trades workers that will pay wages and benefits to support a middle class living e. ...Given the excess parking stalls in nearby ramps and surface lots, the parking variance should be approved James S. Redpath, CPA Partner 0 651.407.5802 m 612.991.2882 e JRedpath@redpathcpas.com I14!UJiIaLISfS1. PPULBUSHOSS 14 1111101 best places REcipRTH to work 2020 redpathcpas.com 55 5th Street East, Suite 1400 Saint Paul, Minnesota 55101 Fi WE aR E an ,.OEP'.. ENT H I HEER OF HLB THE GLOBAL A'DV SORY AND _ACCOUNTING NETWORK This email has been scanned by the Securence Email Security System on behalf of Netrix IT . If this email is SPAM please report it by clicking ##SUBMIT_SPAM_LINK## i From: Heathyre Sayers <drsayers@live.com> Sent: Wednesday, January 20, 2021 3:03 PM To: Stillwater <stillwater@ci.stillwater.mn.us> Subject: Planned downtown apartment project [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, I'm not sure where a good place to email this would be. I am a building and business owner in downtown Stillwater across from the current chestnut building. I have been doing business here for 6 years now. I got a notice in the mail about a planned apartment complex going up in its place. According to the plan they are only including half as many parking spaces required with the remaining spaces being used by surrounding street parking. This directly affects my business and all of the surrounding businesses. Our clients have a hard enough time finding parking in downtown Stillwater that is with reasonable walking distance as it is without all of the surrounding spaces being used for the apartment residents. I know there is a meeting scheduled for tonight but with child schedules I am not able to attend. I am asking that the variance not be approved as requested as this will negatively impact business in an area that already struggles with parking. You should be supporting the businesses that have helped keep downtown Stillwater thriving and require that the apartment complex provide the 110 residential parking spots and 24 guest parking spots without taking up all of the limited street parking. Alternatively you could require that they decrease their building by one floor, thus decreasing their need for parking as well as not needing the height variance they are requesting. Heathyre Sayers Abbi Wittman From: STEVEN WAHLQUIST <STEVENWAHLQUIST@msn.com> Sent: Wednesday, January 20, 2021 8:21 PM To: Abbi Wittman Subject: Re: 200 Chestnut Street [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Abbi, I watch the HPC meeting tonight and have a couple of comments. 1) I would like to suggest that the metal siding be replaced with limestone or some other natural material. 2) I feel that there needs to be some more detail, possibly window trim to make this building fit with our historic downtown. Now it does not have any character. 3) I agree that this building can only be 3 stories tall. 4) What type of railings will there be on the roof and will they be visible from the street? I am concerned that the railings fit with our downtown. Thanks, Steven Wahlquist Sent from my iPad On Jan 19, 2021, at 2:39 PM, Abbi Wittman <awittman@ci.stillwater.mn.us> wrote: Craig: https://public.ci.stillwater.mn.us/WebLink/0/doc/881416/Pagel.aspx is a direct link to tomorrow evening's Heritage Preservation Commission's packet. The anticipated review schedule is: HPC—January 20, 2021 Downtown Parking Commission —January 21, 2021 Parks and Recreation Commission — January 25, 2021 Planning Commission — January 27, 2021 City Council — February 2, 2021 Please note only the Planning Commission and City Council will hold public hearings (where the public is invited to comment at the meeting). We will include any written comments in the public record, share them with the commission and applicant, as well as address them in the meetings. You can access public meeting packets and videos of the meetings (including live stream) for any of the aforementioned meetings at https://www.ci.stillwater.mn.us/city-government/meeting-agendas- minutes-and-material/meeting-videos. Abbi Jo Wittman, City Planner 216 4th Street North, Stillwater, MN 55082 1 P: 651-430-8822 I F: 651-430-8810 2 Jenn Sundberg From: Morgan Wells <mwells@agmotion.com> Sent: Wednesday, January 20, 2021 8:12 AM To: Planning Dept Subject: Chestnut building [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning and thank you for the notification about the Chestnut building proposal. As an adjacent property owner, I fully support this development and think it will bring additional vibrancy to downtown. Do you happen to have the contact information for Joel Hauck, the applicant? I'd like to introduce myself and offer any support I can for them during their construction process. Thank you Morgan Wells Stapleton Properties 612-834-6400 1 ijlwater THE B I R T H P L A C E CF MINNESOTA DATE: April 15, 2021 TO: Mayor & Council Members APPLICANT: No Neck Tony's REQUEST: Outside sales area permit Liquor license amendment for outside seating area LOCATION: 223 East Myrtle Street REVIEWERS: City Clerk Wolf Police Chief Mueller Assistant Fire Chief Ballis City Administrator McCarty Public Works Director Sanders Community Development Director Turnblad BACKGROUND No Neck Tony's, 223 E Myrtle St, has submitted a permit application for the use of two on -street parking spaces in front of his business. This is one less space than requested last summer. SPECIFIC REQUEST A. Use of two on - street parking spaces for a temporary outdoor seating area. B. Amendment of liquor license to temporarily add outdoor seating area to premises. OSA Permit April 15, 2021 Page 2 COMMENTS 1. Five parking spaces exist on No Neck Tony's side of the block. Nether space on the ends of this block are requested as part of the parklet. The two spaces being requested roughly correspond to the width of No Neck Tony's building front. Requested spaces outlined in red 2. Because of the volume of traffic, use of the street by a considerable number of large trucks, and the potential speed of east -bound vehicles coming down Myrtle hill, staff does not consider this segment of Myrtle Street to be satisfactory for parklet seating. Therefore, we recommend denial of the permit. However, if the Council believes that with appropriate precautions a parklet would be safe, staff would recommend at least the following conditions: a. The perimeter of the outdoor seating area should be secured from traffic with jersey barriers. They should be required along both the west end of the seating area and along the entire street side. The travel lane edge of the jersey barrier pedestals cannot be placed any further than 9 feet away from the face of the curb. The barriers should be installed in a layout similar to that seen on the next page. And, installing the jersey barriers will be the applicant's responsibility. b. In addition to the jersey barriers, there should be reflective material added to the perimeter or the jersey barriers, both on the west end and the travel lane edge. OSA Permit April 15, 2021 Page 3 c. Any conditions required by the Stillwater Fire Department, Minnesota AGED or Washington County Public Health & Environment will be included in this permit by reference. attachments: Permit application To whom it may concern, We are writing this letter to address the safety concerns regarding the park let space. Let us start by saying that last year we had zero issues with safety or speed of cars. In the last 11 years of being in that location, there has never been an accident in front of our bar. As we still are in COVID and not allowed to be fully open this patio is essential for our business. In general these patios have been a huge asset for Stillwater. There are 5 parking spots in front our building, we will use the 2 middle spaces. The two spaces in front our location (321 Myrtle Street E.) are 43ft X 6.3ft , we will use 1-2 Jersey barriers (city provided or will provide own) on the west end of spots and will have a wooden fence surrounding the 2 spots. We will place reflective material on the outside of the fencing to alert traffic. 99% of the time a vehicle is parked in the far west spot in front of the park let, which will also serve as a protective barrier. We will use 4 picnic tables that will be spaced 6 ft apart for COVID, 2 in each parking spot. Attached are photos of the location. Sincerely Tony & Jessica Stillwater The 6irlhplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us 2021 APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES DOWNTOWN BUSINESSES WITH PARKLETS [USE OF ON -STREET PARKING SPACES] PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas (OSA) and expansions of outdoor sales areas. The approval process typically requires a 60-day public review. In response to the business disruption precipitated by COVID-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sales areas and expansions of existing outdoor sales areas. If alcohol service is proposed in the outdoor sales area, that will need to be approved by the City Council. Applicant: Name: Anthony Misenor Position/Title: Owner Email: Nonecktonys@gmail.com Daytime Phone: 651-442-5750 Cell Phone: 651-442-5750 Business Name: TJ Stillwater LLC Business Location Address: 231 Myrtle Street E. Stillwater, MN 55082 Type of business to be conducted in outdoor sales area: n General retail n Food and/or beverage sales; no alcohol IX1Food and/or beverage sales; including alcohol sales Date you wish to begin outdoor sales: ASAP Days of Operation: Tuesday -Sunda) Hours of Operation: Tuesday -Friday 3pm-11 pm Sat -Sunday 12pm-11 prr Permit application submission - Please complete and submit the application form to stillwaterPci.stillwater.mn.us S:/Shared/Forms/Administration/OutdoorsSales Page 1 of 4 PART II - Requirements for Downtown properties Applicant initial City initial Requirements A Temporary outdoor sales areas will only be located on private property or in "parklets". A parklet is defined for this temporary permit as an on -street parking space that is approved by the City for conversion to an outdoor sales area. Parklets are only allowed on City streets, not on roadways under State of Minnesota jurisdiction. Temporary outdoor sales areas will have no live entertainment or sound amplification system. A No portion of outdoor sales areas will obstruct public or private sidewalks. Nor will it impede ADA accessibility to the subject business or to any surrounding properties. A Outdoor sales area will be kept in a clean and orderly manner. If outdoor sales include food or beverages, then outdoor storage of food, beverages, flatware, dishes, etc. will not occur without the appropriate permission from the Washington County Health Department. A No food or beverages will be served outside of approved outdoor sales areas, nor will merchandise be displayed nor sold outside of approved outdoor sales areas. A Any approved temporary lighting shall only illuminate outdoor sales areas. A Outdoor sales area will conform to all fire and building codes related to the number and types of exits that are required. A The business owner understands that all temporary outdoor sales areas must be removed and no longer operate after October 31, 2021. A If proposed outdoor sales areas are within a parklet, then each of the following items will be satisfied: 1. The parklet will be located in one of the areas indicated as "allowed" in the attached map. 2. Overall length of outdoor sales areas will not exceed the street frontage length of the business it is associated with, but no more than two spaces. Furthermore, it will be located directly in front of business. 3. It will be located at least one parking space from an intersection street corner. 4. It will only be located along the curbline of streets where on -street parking is allowed. 5. It will not be located where existing handicap parking, or loading zones exist. 6. It will only be located where the street grade is less than five percent. 7. It will not be located in front of fire hydrants, or over any utility or manhole cover or catch basin. 8. It will have vertical elements that make them visible to traffic, such as flexible posts or bollards with reflective materials. 9. If the parklet is replacing a parallel parking stall, it will have a width of no more than six feet from curb face and a four -foot buffer on each end. If in a perpendicular parking stall, the parklet shall have a depth of no S:/Shared/Forms/Administration/O u td o o rsSa l es Page 2 of 4 more than 16 feet from the edge of curb and have two -foot buffer on each side. 10. If parklet is a structure, it will have a flush transition at the sidewalk and curb to permit easy access and avoid tripping hazards. 11. If parklet is a structure, its floor load -bearing weight will be a minimum of 100 pounds per square foot. 12. The parklet will have a continuous edge along the travel lane and is between 30-36 inches tall measured from the street. 13. The design of a parklet will not inhibit drainage of stormwater runoff. A 14. If parklet is a structure, its frame will not be permanently attached to the street. 15. If parklet is a structure, its frame will be ADA accessible. 16. If parklet is a structure, it will be constructed of high quality durable and non -reflective material, with a non -slip and weather resistant surface. 17. The parklet will be well maintained and in good repair under the conditions of approval of this permit. A maintenance plan will be developed for keeping the parklet free of debris, and grime. And, the owner will sweep the area surrounding the parklet and keep it litter -free and clear for storm runoff 18. Business owner will be responsible for all damages to public property (including street and curb) and will be responsible for restoring it to as good or better condition than prior to use as parklet. 19. No tent or tent like structure will be installed in parklet. PART III - If applicable: requirements for alcohol service Applicant initial City staff initial Requirements The City Council has approved the amended liquor license for the temporary outdoor sales area. A Temporary outdoor sales areas will be completely enclosed by a fence or similar barrier approved by the City Clerk. The applicant certifies that all federal, state and City alcohol regulations will apply to the temporary outdoor sales areas and compliance shall be met A Alcohol license holders must submit: 1) A certificate of liquor liability insurance indicating coverage is extended to temporary outdoor sales areas 2) A site plan indicating where the fencing for temporary outdoor sales areas will be located and how ingress/egress will be provided A Signage will be posted that prohibits the consumption of alcohol outside of outdoor sales areas. S:/Shared/Forms/Administration/OutdoorsSales Page 3 of 4 PART IV - Required documents Please attach the following documents to this application form: 1. Site plan/floor plan showing dimensions and indicating number of persons intended to occupy the outdoor sales area. If the outdoor sales area is intended for service of food and/or alcoholic beverages, then the site plan must be scaled and show the exact number of chairs and tables as well as details about the required liquor license fencing or appropriate barriers. 2. If the outdoor sales area is to be a parklet, then the site plan should also include: a. Location of existing street fixtures (hydrants, lights, signs, storm drains, etc) b. North Arrow c. Parklet Dimensions d. Width of adjacent sidewalk e. Location of business associated with the parklet f. Width of business's storefront g. Distance from intersection. h. Construction materials, if any PART VI - Signatures Applicant signature: By signing below, I hereby certify the following: 1. I will comply with all building code and fire code regulations and understand that violations of such codes may be grounds for revocation of my ability to install temporary outdoor sales areas. 2. I have read and will abide by the City standards (outlined in Parts II -III) regarding temporary outdoor sales areas. 3. I will remove outside sales area no later than October 31, 2021. 4. I understand the City may inspect the outdoor sales areas any time to enforce compliance with the above provisions. Additionally, the City may require the temporary outdoor sales areas to be closed if there it is detrimental to the health, safety and welfare of the general public. 5. (For alcohol license holders) I understand that prior to serving any alcoholic beverages in the outdoor sales areas I must receive approval of an amended liquor license from the City Council and State of Minnesota. Any violations of Federal, State or City regulations in the temporary outdoors sales area may result in civil or criminal penalties against me or my license. I further understand that liquor liability insurance must be in -effect for the temporary outdoor sales area. Signature of Applicant: Date: City signature: When signed below by an authorized City official, this form becomes the permit to operate outdoor sales areas according to the details identified above. Signature of City Official: Date: Title of City Official: S:/Shared/Forms/Administration/OutdoorsSales Page 4 of 4 City of Stillwater Washington County, Minnesota RESOLUTION 2021- RESOLUTION APPROVING AMENDMENT TO LIQUOR LICENSE FOR ADDITIONAL TEMPORARY OUTDOOR LICENSE PREMISES WHEREAS, a request from No -Neck Tony's has been received to add temporary outside seating adjacent to their building as an amendment to their liquor license premises; and WHEREAS, the additional outside seating area is temporary and will only be permitted as a result of the COVID-19 pandemic as executed by Governor Walz; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and contiguous"; and WHEREAS, adding the additional space to their licensed premises would allow the businesses to expand their establishment and provide safe distancing while dining during the COVID-19 pandemic and its the social distancing requirements. BE IT RESOLVED, that the Stillwater City Council hereby approves the additional licensed premises, conditioned upon the following: 1. Approvals from the Community Development Department, Building Department, Fire Department, Police Department, Minnesota AGED and Washington County Public Health & Environment (if applicable) are received. 2. Business must adhere to all Executive Orders issued by the Governor during this pandemic. 3. This Resolution is effective immediately subject to federal and state laws or orders relative to the permissibility of business operations and unless terminated earlier by the Council, shall be in effect through October 31, 2021. THEREFORE BE IT FURTHER RESOLVED, that the Stillwater City Council of Stillwater Minnesota hereby approves the additional licensed premises listed below as contingent above: Doing Business As Licensee Name Premise Address TJ Stillwater LLC No -Neck Tonys 231 Myrtle St E Adopted by the Stillwater City Council this 20th day of April 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Ulwater THE B I R T H PLACE CT MINNESOTA DATE: April 5, 2021 TO: Mayor & Council Members APPLICANT: St. Croix Boat & Packet REQUEST: Annual review of St Croix Boat & Packet dock permit PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Two conditions attached to the St. Croix Boat & Packet Company's special use permit (SUP) are that the company must: 1) receive a dock permit from the City annually; and 2) allow the "Gondola on the St. Croix" to use the transient portion of the company's dock for wharfage. The St Croix Boat & Packet Company keeps six excursion boats at their two privately owned docks. Five of them are kept at the dock which is accessed over property that they own. The sixth excursion boat is kept at the dock that is accessed over property leased from the City. All six excursion boats are permitted in this configuration by the 2015 DNR permit. The facilities and geographic details can be seen on the attached exhibit. In addition, according to a lease agreement with St. Croix Boat & Packet as well as the dock permit issued by the DNR in 2015, the City offers 18 transient slips from the facility. St. Croix Boat & Packet Passenger Trips COVID-19 had a dramatic impact upon St Croix Boat & Packet business last boating season. Not only did the season open June 12th instead of April 1st, but the passenger numbers were down over 76% from 103,445 in 2019 to 24,478 in 2020. It is hoped that the 2021 boating season will be better as the impact of COVID-19 diminishes, but it certainly will not be at normal levels. In response to COVID-19's impact to Downtown businesses, the City has eliminated hourly parking fees and parking permit fees, has reduced liquor license fees, etc. Consequently, city staff recommends reducing the dock permit fee for 2021. (It was not reduced in 2020.) 2020 Data Boats Charters Excursions Totals Trips Passengers Trips Passengers Trips Passengers Jubilee II 21 1,390 0 0 21 1,390 Majestic Star 14 2,233 2 163 16 2,396 Anastasia 39 1,401 5 131 44 1,532 Andiamo Showboat 23 1,220 5 226 28 1,446 Empress Andiamo 17 1,302 62 3,670 79 4,972 Avalon 1 100 93 12,642 94 12,742 Total 115 7,646 167 16,832 282 24,478 Permit fee The dock permit fee is normally $1,700.00 for each of the six excursion boats. The total standard dock permit fee is therefore $10,200. And though COVID-19 and associated executive orders reduced passenger counts by over 76% in 2020, St Croix Boat & Packet paid the full permit fee last year. Considering that, and the certainty that COVID-19 will also negatively impact passenger counts this boating season, staff recommends reducing the dock permit fee this year by 50% to $850 per boat. Total fee would therefore be $5,100. STAFF RECOMMENDATION Staff recommends City Council approval of the 2021 dock permit, with a reduced fee of $5,100. bt attachment: 2021 Dock Permit 2021 DOCK PERMIT Pursuant to Chapter 48-6, Subd. 12 of the Stillwater City Code, the Stillwater City Council ("City") hereby grants to the St. Croix Boat and Packet Company ("Company") a Dock Permit upon the following terms and conditions: 1. LOCATION. The Dock may be maintained in the St. Croix River south of East Nelson Street. 2. OTHER RULES. The company must abide by the rules and regulations and permit conditions of the Corps of Engineers of the United States Army and the Minnesota Department of Natural Resources. Any charter or excursion vessels carrying passengers for hire and using docks must abide by applicable U.S. Coast Guard regulations. 3. NO GAS PUMPS. No gas pump may be located on the dock. 4. NO DISCRIMINATION. The Company may not discriminate against any person on the basis of race, creed, national origin, sex or social status. 5. WATER FRONT REGULATIONS. The Company must abide by all rules and regulations and restrictions set forth in Chapter 48-6 of the Stillwater City Code relative to the waterfront. 6. SPECIAL USE PERMIT. The Company must abide by the conditions as set forth in the Special Use Permit (SUP/88-00) issued to Company by the Stillwater City Council, dated July 18, 2000. 7. SCHEDULE OF FEES AND REPORT OF ACTIVITY. Upon request of the City, the Company must submit a schedule of fees charged for the transient boat docking and a report summarizing the boating activity for the year. The activity report must state the number of boating trips made each week and the number of passengers carried during the week. 8. INSURANCE The Company must provide to the City proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims arising out of a single occurrence, covering claims arising out of the activates authorized by this permit, and to name the City as an additional insured on this policy "as their interest may appear". 9. PUMP OUT PRIVILEGES. The Company must provide pump -out privileges for marine heads for any boater requesting this privilege at the same rate and fee charged to boats that are moored at the dock for a fee. 10. INSPECTIONS. The City reserves the right to request inspections of heads, electrical systems or other unsafe conditions on or about the dock or any vessel moored thereto. 11. USAGE. The moorage at the dock facilities is limited to six charter/excursion boats and one service boat not exceeding 26 feet in length. The Company must accommodate a reasonable number of public "walk on" passengers and Company must also accommodate a reasonable number of transient boats. In no event may the number of boats or vessels exceed the moorage limitation contained in the permits issued by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources. 12. PERMIT FEE. The annual permit fee is $1,700.00 for each of the six charter/excursion boats that may be docked at this site. However, as a result of COVID-19 and related Executive Orders of the Governor of the State of Minnesota, the total number of passengers in 2020 was reduced by more than 76% compared with 2019. Yet, the total permit fee per boat was paid in 2020. And, it is expected that Executive Orders related to COVID-19 in 2020 will again negatively impact the total number of passengers that will be allowed to take excursion and charter trips. So, the fee for the 2021 permit is reduced by 50% to $850 per boat, or a total of $5,100.00 for the six boats. 13. TRANSIENT BOATS Transient boats are defined as vessels that use the dock as a stopover privilege on a trip that does not originate from the dock. "Bareboat" charter vessels are considered transient boats if the origination of the trip, including loading of passengers, takes place elsewhere. 14. PARKING. The City reserves the right to request the Company's assistance in assuring that patrons and guests of the Company will park in a designated municipal parking lot. 15. FIRES. No person may build a fire in any area of the docking premises or in any vessel moored at the dock. 16. OBSTRUCTIONS. The City does not by granting this permit accept any responsibility for dredging the dock area or making the dock area free from obstructions or other hazards to navigation. 17. STORAGE. The City is not responsible for storage of the docks during the off-season and the Company must abide by any decision of the City with regard to storage. 18. RESERVATION OF RIGHTS. The City reserves the right to add or amend these rules when needed to protect the health, safety and welfare of the City. 19. DURATION. The duration of this permit is from January 1, 2021 through December 31, 2021. 20. TERMINATION. This permit may be terminated by the City at any time it is deemed necessary for the protection of the public safety, health or welfare or for a violation of any conditions of this permit. Dated this 20th day of April, 2021 CITY OF STILLWATER By: Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk TO: FROM: DATE: SUBJECT: iliwater ,---.., Administration Mayor & City Council Tom McCarty, City Administrator April 16, 2021 Approval of Proposal and Awarding Contract for City of Stillwater Operational Review for the Information Technology Division to True North Consulting BACKGROUND INFORMATION: The City Strategic Plan includes an objective to Develop Organizational Excellence. In furtherance of that goal, the City Council included funding in the adopted 2021 budget to complete an operational review of the Information Technology Division. A Request for Proposals (RFP) for completion of an Operational Review for Information Technology Division was issued in March 2021. The RFP included three major provisions: complete an organizational structure, staffing and capacity/efficiency review of the IT Division; complete an analysis of the potential for an enterprise wide software system and review the need for a communications/social media position for the City. Four consulting firm proposals were received in response to the RFP. BerryDunn Matrix Consulting Plante & Moran, PLLC True North Consulting Portland, Maine San Mateo, California Southfield, Michigan Stillwater, MN $47,200 $39,000 $49,530 $24,850 A city staff committee reviewed and evaluated all the responses and the staff committee unanimously recommends award of the contract to True North Consulting to perform the operational review for the City's Information Technology Division as this firm most closely met all the standards, conditions and evaluation criteria contained in the RFP. The base cost of the study is $24,850 which is within the budgeted appropriation for the operational review included in the adopted 2021 City Budget. The anticipated time line for completion of the classification compensation study is approximately three months. RECOMMENDATION: Staff recommends that the City Council approve Resolution No. 2021- Approving the Proposal and Awarding the Contract for the City of Stillwater Operational Review for the Information Technology Review to True North Consulting. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us City of Stillwater Washington County, Minnesota Resolution 2021 - xxx APPROVING PROPOSAL AND AWARDING CONTRACT FOR CITY OF STILLWATER OPERATIONAL REVIEW OF INFORMATION TECHNOLOGY DIVISION TO TRUE NORTH CONSULTING WHEREAS, completion of an operational review of the City Information Technology (IT) Division was included in the adopted 2021 budget in furtherance of the City's Strategic Plan goal to Develop Organizational Excellence; and WHEREAS, the City issued a Request for Proposals for an Operational Review of the Information Technology Division in March 2021; and WHEREAS, the City received proposals from four (4) consulting firms that were reviewed by a staff review committee; and WHEREAS, the staff review committee unanimously recommends the approval of the proposal and award of the contract to True North Consulting to perform the operational review of the Information Technology Division as this proposal most closely meets all the standards, conditions and evaluation criteria included in the RFP. NOW THEREFORE BE IT RESOLVED, that the Stillwater City Council approves the proposal of True North Consulting to complete the operational review of the Information Technology Division and awards the contract to True North Consulting to perform the Operational Review for the City in base amount of $24,850. BE IT FURTHER RESOLVED, that the Stillwater City Council directs the City Attorney and City Administrator to finalize the contract between the City and True North Consulting for the completion of the Operational Review of the Information Technology Division and authorizes the City Administrator to the sign the contract on behalf of the City. Adopted by the Stillwater City Council this 20th day of April, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Washington -- County Fi FYI BOARD AGENDA April 13, 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 administration a 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. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Adopt a resolution accepting the 2021 1st quarter donations. B. Adopt a resolution recognizing National Crime Victims' Rights Week, April 18 - 24, 2021. C. Approve submission of a grant application not to exceed $1,100,000 to the Depat lucent of Human Services for the Emergency Solutions Grant. D. Adopt a resolution to authorize submission of the 2021 Federal Transit Administration Certifications and Assurances to the Minnesota Department of Transportation. E. Approval of an application for an Off -Sale Liquor License for Holiday Stationstores, LLC located in Denmark Township. 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. Approve Contract No. 14012 for a 2-year license for use of real property by Midwest Vending to operate and maintain food and beverage machines at the Government Center and outlying offices. G. Approve transferring one Rapiscan 622XR bag scanner to Aitkin County, Minnesota, pursuant to Minnesota Statute 471.85. 4. 9:10 Community Thread Presentation Jennifer Kmecik, Community Thread Volunteer Center Director A. Adopt a resolution recognizing the Community Thread Community Involvement Award recipients and acknowledging the contributions of volunteers to our community 5. 9:40 Metropolitan Mosquito Control District (MMCD) - Stephen Manweiler, Executive Director A. Presentation by Metropolitan Mosquito Control District (MMCD) of its 2020 program and budget. 6. 10:00 General Administration - Kevin Corbid, County Administrator A. Legislative Update B. Consideration of resolution to allow abatement of penalty for late property taxes through June 15, 2021. C. Adopt a resolution recognizing April 2021 as National County Government Month. 7. 10:45 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the fell Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. 11:00 Board Correspondence 9. 11:00 Adjourn 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 10. 11:05 Board Workshops with Public Works 11:05 A. Discuss Energy Task Force initiatives. 11:35 B. Discuss the Transportation Sales, Use and Excise Tax. 11. 12:10-12:25 Break 12. 12:25 Board Workshop with Administration A. Overview of the American Rescue Plan Act funding for local governments. 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