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2021-05-04 CC Agenda Packet
Zoom Meeting Q GOV 6 Recording... n ■ IR View Participants (22) 1 Stillwater Conference Room Stillwater Library Direct Shawn Sanders sL. a Finance Director Shar_ cSlll ham; /� IT Alerts $' Stillwater Mark Lambert SDuncan Mandate' Cynthia Marie Barb's ipad ICtands, Admin ,r Jeannine Mikaela Huot Bill Gores - Prop... I t. Bill Turnblad to:e-s % Tom Ba Abbi Wittman, City la... L1 ti r Larry Odebrecht CZ Find a participant Waiting Room (1) Ed Fagerlund In the Meeting (22) S IT Alerts (Host, me) 0 0 0 0 0 a 0 0 0 0 11 Nancy Manos, Admin 03 Stillwater Conference Room 0J Abbi Wittman, City Planner ij 03 Barb's ipad Bill Gores - Property Manager -... Bill Turnblad Chief Brian Mueller Cynthia Marie Finance Director, Sharon Provos Jeannine Kori Land Mark Lambert Mikaela Huot nathanlanducci SDuncan Shawn Sanders 0 07 Unmute Start Video Security •• 23 .. 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Find a participant 0 0 m 0 0 0 tl 11 CI 0 0 CID C3 CI CI Stillwater, MN (Host, me) CI Stillwater Conference Room 4' 01 sandy 4 01 Abbi Wittman, City Planner g 0 Bill Turnblad Bob Loken - ESG Architects I/ Carol Lansing g chogan if Oa danamillington I Oa Gina Julien B' 03 jon whitcomb's iPhone Kori Land ip Oa Lawrence Panciera ij 03 Melissa May g Nancy Lyner ij 01 Nancy Manos, Admin 10a Sharon Provos g Shawn Sanders shook sjajm iriv Invite Mute All 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 May 4, 2021 REGULAR MEETING 4:30 P.M. I.CALL TO ORDER II. ROLL CALL III.OTHER BUSINESS 1.3rd and Myrtle Street Landucci Apartment Project Request 2.Central Commons Tax Abatement 3.Lowell Park Pavilion & Levee Wall Historic Structure Report 4.Predatory Offender Ordinance Review 5.Terra Spring Easement Discussion IV.STAFF REPORTS 6.Public Works Director 7.Police Chief 8.Fire Chief 9.Finance Director 10.Community Development Director 11.City Clerk 12.City Attorney 13.City Administrator 14.Library Director V.RECESS RECESSED MEETING 7:00 P.M. VI.CALL TO ORDER VII.ROLL CALL VIII.PLEDGE OF ALLEGIANCE IX.RECOGNITIONS OR PRESENTATIONS 15.Presentation of Council Service Awards to Jeff Johnson (Downtown Parking Commission); Reggie Krakowski (Heritage Preservation Commission); Larry Panciera (Human Rights Commission); Sandy Snellman (Parks & Recreation Commission); Mike Kocon and Chris Lauer (Planning Commission); and Stan Miller (Traffic Safety Review Committee) 16.Oath of Duty Presentation for Officer Brandon Gunderson and Officer Brian Tennessen 17.Proclamation – Stillwater Area High School Team that competed in the NASA Human Exploration Rover Challenge 18.Presentation by New Heights School on future playground Page 2 of 2 City Council Meeting Agenda May 4, 2021 X.OPEN FORUM – the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI.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. 19.April 20, 2021 regular meeting minutes 20.Payment of Bills 21.Annual Boards and Commissions Appointments 22.Community Active Living SHIP Grant Service Contract with Washington County 23.Cruisin on the Croix 2021 Car Show Event Contract 24.Diversion Tributary Stabilization Project BCWD Cooperative Agreement 25.La Carreta Amendment to License Premise – Resolution 26.Lot Line Adjustment for 12950 & 12960 75th St N – Resolution 27.MnDot Temporary Outdoor Dining Permit – Resolution 28.Northland Park New Playground Equipment 29.Pro Utility Locator Purchase Approval 30.Server Room Replacement Cooling System 31.Subscription Agreement with Lexipol 32.Washington County Municipal 2021 Recycling Grant Agreement 33.Water Department SCADA Upgrade Bid Award XII.PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 34.CPC Case No. 2021-13 to vacate portion of public drainage and utility easements located upon, Lot 1, Block 1, of Rivard Addition. Notice mailed to affected property owners and published in the Stillwater Gazette on Friday, April 16, 2021 – Resolution 35.CPC Case No. 2021-18 to consider a request by Jon Whitcomb, property owner. Request is for the consideration of a Zoning Map Amendment to rezone the property to RA. Property located at 12950 75th St N. Notice mailed to affected property owners and published in the Stillwater Gazette on Friday, April 16, 2021. – Ordinance 1st Reading 36.CPC Case No. 2021-15 to consider a request by Linda Countryman, representing Sustainable Stillwater and Chair of the Green Steps Committee, applicant. Request is for the consideration of a Zoning Text Amendment to allow Accessory Dwelling Units within the RA zoning District. Published in the Stillwater Gazette on Friday, April 16, 2021. – Tabled to May 18 City Council meeting XIII.UNFINISHED BUSINESS 37.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 Tabled from April 20, 2021 Council meeting. XIV.NEW BUSINESS 38.Final Plat and Development Agreement for White Pine Ridge – Resolution 39.Great River Greening Partnership 40.Hwy 36 and Greeley Street MnDOT Conveyance XV.COUNCIL REQUEST ITEMS XVI.ADJOURNMENT Page 1 CITY OF STILLWATER LIST OF BILLS Advance Auto Parts Equipment repair supplies 149.06 Advantage Police Supply Comtac demo units 500.00 Air Science USA Filters 1,112.55 AMI Consulting Engineers PA Stillwater Riverbank Stabilization 1,620.00 Ancom Communication Inc.MCD Deskset Wall Mount Kits 63.00 Aspen Mills Uniforms - Weldon 213.62 AT&T Mobility Cell phone 67.88 Bryan Rock Products Inc.Ball field ag lime 1,446.65 CDW Government Inc.iPad case 102.59 Century Link Telephone 472.20 Cintas Corporation Uniforms & mat cleaning service 1,015.77 Coca-Cola Distribution Beverages for concessions 547.34 Comcast TV Internet & Voice 786.91 Corval Constructors Equipment repair supplies 570.49 County Materials Corporation Repair supplies 103.00 Cub Foods Pop & water 37.53 Dakota County Technical College Training 500.00 Derrick Building Solutions Refund WAC fee charged in error 1,000.00 ECM Publishers Public Hearing Publications 337.25 Emergency Automotive New squad build 2,232.30 Friendt Chase Reimburse for Supplies 184.95 Gertens Wholesale Fertilizer 1,734.00 Golden Expert Services Janitor Service 3,700.00 Goodyear Commercial Tire Tires 271.00 Granicus Inc Qtrly web streaming service 1,984.40 Guardian Supply Uniforms & supplies 4,052.84 ICMA Membership 1,282.50 IIMC Membership 175.00 IState Truck Center Equipment repair charges 297.92 Jaytech Inc Chlorine 126.95 Jefferson Fire and Safety Inc.Helmet 653.73 Jordan Joel Reimburse for work boots 72.00 Lake Country Door LLC Remotes and reset of doors 399.00 Lawson Products Equipment repair supplies 233.38 League of MN Cities MN Cities Stormwater Coalition Contributions 2,178.82 Lindstrom Solar LLC Solar Energy 7,492.56 Lone Oak Companies Inc Utility Bill Processing 1,730.70 Madden Galanter Hansen LLP Labor Relations Services 702.00 Mansfield Oil Company Fuel 4,627.11 Marshall Electric Company Electrician services 411.00 Menards Supplies 2,101.09 Metropolitan Council Permit fee 425.00 Metropolitan Mechanical Contractors Maintenance agreement 3,154.69 MHSRC/Range Training 1,190.00 Miller Excavating 1409 Lookout Hydrant Replacement 8,184.93 Minnesota Sodding Company Millbrook Lacrosse 687.97 MN Historical Society Reimbursement of grant monies not used 10.00 Northern Tool Equipment repair supplies 690.00 Page 2 Office Depot Office supplies 358.11 Otis Elevator Company Elevator Contract 5,769.24 Overhead Door Co Annual preventive maint 1,275.00 Performance Plus LLC Drug screen 45.00 Pollard Water Delivery fee 14.60 Quill Corporation Office supplies 237.14 Rehn Code Consulting Services Plan Review 3,603.28 Safe Fast Inc Rain gear 205.72 Salotto II William Refund Variance 225.00 Sherwin Williams Paint 547.25 Simplifile LC Filing fees 300.00 Stillwater Medical Group Medical eval 96.00 Tessman Seed Co. St. Paul Ballfield supplies 753.30 TKDA Well # 9 Generator 221.62 Tri-State Bobcat Supplies 58.25 Uline Inc Supplies 1,304.64 Valley Trophy Inc.Name plates 35.00 Waldron Compnay Professional services 2,683.40 Wasche Commercial Finishes Equipment repair supplies 846.00 Washington County Assessment & Taxation Special Assessment Billing 5,109.00 Washington County Sheriffs Office 2021 MFF Insurance 833.30 Xcel Energy Energy 34,371.16 Zacks Inc.Wood broom handle 40.31 LIBRARY Amazon Business Materials 542.86 Baker and Taylor Materials 18.50 Blackstone Audio Materials 99.53 Brodart Co Materials 2,798.15 Cintas Corporation Towels & Rugs 163.51 Eckles Joanna Watson Programs - Adult 150.00 Johnson Controls Fire Protection LP Panel Update 2,850.60 Koegel Christian M Cataloging/Processing 182.00 Mee Alisa Programs - Juv 175.00 Menards Janitorial Supplies 18.12 Midwest Tape Materials 216.19 Minnesota Native Landscapes Programs 290.00 Paper Roll Products Receipt Paper 188.70 Rendell Norah Programs - Juv 75.00 Uline Inc Janitorial Supplies 298.92 Washington County Library Reimbursements 982.03 ADDENDUM Americvan Solutions for Business Supplies 278.33 AMI Consulting Engineers Riverbank Stabilization 29,763.75 Barret Janet Park fee Refund 135.00 HM Cragg Supplies 2,138.43 Hogan Lana Park fee Refund 100.00 Page 3 Holiday Companies Vehicle Washes 20.00 MN Dept of Natural Resources Land 2,499.86 Sharkey John Refund of Variance Fees 225.00 Springbrook Server Migration 654.00 Verizon Wireless Wireless Service 3,157.76 Washburn Nancy Park fee Refund 85.00 WS & D Permit Service Refund Permits Fees 723.36 TOTAL 169,393.60 Adopted by the Stillwater City Council this 4th day of May, 2021 Mayor Ted Kozlowski To: Mayor & City Council From: Jason Grode, Parks Superintendent Date: May 4, 2021 Re: 2021 Cruisin’ on the Croix Event Attached is the application and contract for the 2021 Cruisin’ on the Croix car show event along with their COVID Preparedness Plan. The proposed vintage and hot rod car show would be held from 3 p.m. to 8 p.m. on every other Wednesday evening from June 9 to September 15, 2021, for a total of 8 dates. The event organizer has requested to use the same spaces that were approved in 2019: the back section of Municipal Parking Lot 8B (53 Spaces), Lot 9 (30 Spaces), and Lot 11 (45 Spaces for a total of 128 parking spaces. The Downtown Parking Commission reviewed the request at their March 18 meeting and recommends the use of parking lots 8B, 9 and 11, with the condition that Lot 8B be left open for employee parking until 3 p.m. and requiring the event coordinator to sign the area early in the morning (on the day of the event). The event organizer shall be charged for city services, materials rendered and parking spaces used according to the 2021 fee schedule and payment shall be received by the City no later than three (3) weeks before the Event. They have requested the use of one electrical box in Lot 9 for a cost of $20 each day per event or $160 total. As for parking costs, at a cost of $192 for 128 spaces per event, the season total for the 8 events would be $1,536. The event total would be $1,696.00. ACTION REQUIRED: If Council wishes to approve the event, they should pass a motion approving the 2021 Cruisin’ on the Croix Event and Contract. CRUISIN’ ON THE CROIX 2021 CAR SHOW EVENT THIS AGREEMENT between the City of Stillwater, Washington County, Minnesota (“City”), in conjunction with the 2021 Stillwater Cruisin’ on the St. Croix Car Show part of a community wide celebration of the City (the “Event”); and Cruisin’ on the Croix, 1906 Greeley St S, Stillwater, MN 55082, Nonprofit Corporation (Domestic) (“Organizer”). 1. Car Show. The City has encouraged this hot rod and vintage car show in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. The Organizer will not make substantial changes in the layout/format/duration of the Event at any time without advanced notice to the City. 2. Dates and Hours of 2021 Event. Operations are limited as follows: Event Dates: Wednesday June 9 & 23, July 7 & 21, August 4 & 18, September 1 & 15 Set-up time on event dates: 6 a.m. to 1 p.m. (Except Lot 8B, Set up at 3 p.m.) Event hours on event dates: 3 p.m. to 8 p.m. Clean-up on event dates: 8 p.m. to 9 p.m. 3. Event/Alcohol. No alcohol will be served during this Event and no other alcohol or coolers are allowed. No alcohol may be consumed or served on the back patio of Maple Island Brewery as that portion is not part of the licensed premises of Maple Island Brewery. 4. Signs. The Organization will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the parking lots. 5. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 6. Police Power. The City reserves the right to order a shutdown of the Area i n the Event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. In that Event, the Organization must assist the police in the clearing of the Area. 7. Use of Parking Lots. The Organizer is aware and will inform all vendors and event participants that staking into the asphalt, etc. is not allowed (any damage repair will be paid for by the organizer). The Organizer agrees to pay for the use of parking lot spaces as determined by the Downtown Parking Commission and City Council. No on- street parking to be used. The Event is given use of the following parking lots/spaces: Parking Lots 9 (30 Spaces), 11 (45 Spaces) and 8B (53 spaces). 8. City Costs. The Organizer will prepay the City for the estimated costs of the Stillwater Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing shall be received by the City no later three (3) weeks before the Event. Failure to make the payment will result in the cancellation of the Event. In the event of a cancellation of this Event after the deposit is made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 9. Park Property. The Organizer shall ensure that no vehicles drive on the City’s park property. In the event that damages occur to the City’s property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works toilets to augment the existing facilities, barricades for parking lot closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security and supervision for the restrooms. If the Event Organizer does not have the work force to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer’s intent on maintaining the City restrooms. Barricade/Reserved Sign Placement. The Organizer will arrange with the Stillwater Police Department, prior to each event, for placement of the Reserved Parking Signs in parking lots (if needed) and shall place reflective standard barricades no later than 6:00 a.m. on Event Dates at the approved parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure or parking spaces reserved for the Event. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. Electricity and Water. Each electrical box needed for the Event will be opened by the City on the Event Dates. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer r esponsibility. The City shall provide the Organizer a key for the water shut off valve (if needed). The Organizer shall provide a $50 deposit for such key and will be reimbursed upon return of said key. Cleanup/Removal. Organizer shall remove all barricades by 10:00 p.m. the day of each event. Organizer shall remove trash, additional trash enclosures no later than 10:00 a.m. the next day following each Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 12. Vendors. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. The Organizer agrees that the Stillwater Fire Department and Washington County Department of Health and Environment will inspect any vendor using cooking facilities for safety. The Event Organizer agrees to pay directly to the agency/person doing the inspection for inspection costs (if any). The Organizer agrees to ensure that all vendors wastewater be discharged into a holding tank approved by Washington County Department of Health and Environment. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City’s Sanitary or Storm Systems. 13. Insurance, Hold Harmless, and Indemnity. The Event Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Event Organizer also agrees to provide to the City evidence of insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Festival that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy “as their interest may appear.” Insurance Certificate must be received by the City no later than three (3) weeks before the Event. 14. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this 4th day of May 2021. CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Beth Wolf, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2021 by Ted Kozlowski, Mayor and Beth Wolf, Clerk, for the City of Stillwater. Notary Public CRUSIN’ ON THE CROIX By Parker Shook, President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ________________ 2021, by Parker Shook, President, the duly authorized agent for CRUSIN’ ON THE CROIX. Notary Public illwater ~---- Administration TO: Mayor & City Council FROM: Tom McCarty, City Administrator DATE: May 4, 2021 SUBJECT: Approval of IT Server Room Replacement Cooling System BACKGROUND INFORMATION: The IT Server Room cooling system experienced an unanticipated failure recently. While temporary repairs have been made, this is a critical mechanical system component that needs to be replaced. The City Facility Manager has obtained quotes for a replacement unit as follows: MK Mechanical MK Mechanical Carrier replacement cooling unit Liebert replacement unit $7,800 $22,500 Staff recommends accepting the quote for the Carrier replacement cooling unit for $7,800. This project was not included in the 2021 capital budget, so an adjustment/reduction in spending will be made in other capital projects to provide funding within the total capital budget to complete this critical project. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us Mechanical Inc. 23996 Olinda Trail North, Scandia, MN 55073 Phone: 651-248-5195 Fax: 651-204-0078 Date: Tuesday, May 04, 2021 City of Stillwater To : Attn : Re: 216 North Fourth Street Stillwater MN 55082 Phone 651-430-8831 Fax Mick Greiner Cell 651-413-5985 mgrelner@ci.stillwater.mn.us Server room mini split replacement WE PROPOSE to furnish materials and labor to replace the existing Carrier mini split with a new 2-ton Carrier mini split. Per the scope of work. Scope of Work: I. Demo and disposal of existing Carrier mini split 2. Supply and install new Carrier mini split. BID AMOUNT FOR THE SCOPE OF WORK: As always, we will work with you and provide the best service and pricing available. $7,800.00 Cus tomer agrees to pay MK Mechanical all amounts due for any services or mruerials provided upon receipt of any invoices from MK Mechanical. Customer agrees ton service charge of 1.5% on all balances thirty (30) days or more past due. Cus tomer also specifica lly agrees to pay MK Mechanical for all collection costs. including employee and employer time and expense, and all attorney fees and legal cost incurred in either collection of or l)rotec tion of MK Mech~nical's interest in customers past 'due accoun~ or perfonnance of the work provided. In the event the customer terminates or breaches this agreement/contract customer still agrees to pay MK Mechanical in full on a time and mnterin l basis for all services or mo tcrials provided to the customer inc luding but not limired to th e tim11 MK Mechanical has expanded in prepnring nny invoices and estimates, and an additional consul ting and adjus ting fee equal 10 20% of the 1ott1l services and mmerin ts MK Mechanical provided 10 lhe customer for the work up to and inc luding the dnte of such ten nina tion or breac h, which fee represenls the industry stundurd for reasonab le profits and overhood genernlly paid and is 1101 a penalty. Any clwnge or modification ro this agreement nn d the~e tenns must be in writing and chunge orders signed by both parties. All material is guaranteed to be as specified . All work to be completed in a workmanlike manner according 10 St,mdard prdctices . MK Mechanlcnl will not be held liub lc for agreements contingent upon strikes, nccidents ordc!ays beyond our comro!. Building owner shall carry ftre. property nnd other necessary insurance . Our workers are covered by workmen's compensation insurance . MK Mechanical will not be responsible for, no r will bid on th is project , nny work or cos t of asbestos abntemenL Building owner shall provide safe work area with free access lo carry out above work . Upgrading of existing systems to meet the most current codes is limited to scope of work detailed above . All work to be performed during normal workday on straight time unless otherwise noted . Materials are to be paid for upon delivery lo the job site. MK Mechanical excludes extended or additional parts or labor warranty coverage beyond the manufacturer's warranty or guarantee . This agreement and quote is "Prelien Notification" and "Lien Claimants Notice" as required by Minnesota Law. Authorized Signature MK Mechanical Accepted By ___________ _ Titl e-. _____________ _ Mike Kastner Date ______________ _ Page 1 IVK I ~ Mechanical Inc. 23996 Olinda Trail North, Scandia, MN 55073 Phone: 651-248-5195 Fax: 651-204-0078 Date: Tuesday, May 04, 2021 City of Stillwater To : Attn: Re: 216 North Fourth Street Stillwater MN 55082 Phone 651-430-8831 Fax Mick Greiner Cell 651-413-5985 mgreiner@ci.stillwater.mn.us Server room Data Mate install. WE PROPOSE to furnish materials and labor to replace the existing Carrier mini split with a new 1.5 Ton Liebert Data Mate . Per the scope of work . Scope of Work: 1. Demo and disposal of exi sting Carrier mini split 2. Supply and install new 1.5-ton Data Mate Liebert. 3. We will need to inst all Data Mate condenser on roof. 4. Electrical 5. Roofing 6. Complete Startup. BID AMOUNT FOR TIIE SCOPE OF WORK: $22,500.00 As always, we will work with you and provide the best service and pricing available. Customer agrees to pay MK Mechanical all amounts due for any services or materials provided upon receipt of any invoices from MK Mechanical. Customer agrees to a service charge of 1.5% on all balances thirty (30) days or more past due. Customer also specifically agrees to pay MK Mechanical for all collection costs, including employee and employer time and expense, and all attomey fees and legal cost incurred in either collection of or protection of MK Mechanical 's interest in customers past due accounts or performance of the work provided. In the event the customer terminates or breaches this agreement/contract customer still agrees to pay MK Mechanical in full on a time and material basis for all services or materials provided to the customer including but not limited to the time MK Mechanical has expanded in preparing any invoices and estimates, and an additional consulting and adjusting fee equal to 20% of the total services and materials MK Mechanical provided to the customer for the work up to and including the date of such termination or breach, which fee represents the industry standard for reasonable profits and overhead generally paid and is not a penalty. Any change or modification to this agreement and these terms must be in writing and change orders signed by both parties. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. MK Mechanical will not be held liable for agreements contingent upon strikes, accidents or delays beyond our control. Building owner shall carry fire, property and other necessary insurance. Our workers are covered by workmen's compensation insurance. MK Mechanical will not be responsible for, nor will bid on this project, any work or cost of asbestos abatement. Building owner shall provide safe work area with free access to CUTT)' out above work. Upgrading of existing systems to meet the most current codes is limited to scope of work detailed above. All work to be perfonned during nonnal workday on strnight time unless otherwise noted. Materials are to be paid for upon delivery to the job site. MK Mechanical excludes extended or additional parts or labor warranty coverage beyond the manufacturer's warranty or guarantee . This agreement and quote is "Prelien Notification" and "Lien Claimants Notice" as required by Minnesota Law. Authorized Signature MK Mechanical Accepted By ___________ _ T itle _____________ _ Mike Kastner Date _______________ _ Page 1 City of Stillwater Washington County, Minnesota RESOLUTION 2021‐064 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 61‐UNIT APARTMENT BUIDLING WITH LIMTED SHORT TERM HOME RENTALS TO BE LOCATED AT 200 CHESTNUT STREET EAST CASE NO. 2020‐60 WHEREAS, Jeff Hauck of ESG Architecture & Design, representing 200 Chestnut Partners LLC, submitted a request for a conditional use permit to construct a 61-unit apartment building at 200 Chestnut Street East, legally described as: Lots 1-3, Block 25, Stillwater; and WHEREAS, the Planning Commission held a public hearing and reviewed the request for a conditional use permit for the apartment building, Short Term Home Rental unit allowance of 10%, and associated variances on February 24, 2021 and, in a 4-1 vote, supported the Conditional Use Permit request; and WHEREAS, the City Council held a public hearing on the conditional use permit and associated variances request on March 2, 2021 and tabled consideration, requesting the applicant explore parking alternatives; and WHEREAS, the applicant requested extension of the City Council’s request to May 4, 2021; and WHEREAS on May 4, 2021 the City Council discussed the request and found that, with appropriate conditions including parking mitigation, the project would be compatible with the surrounding business neighborhood and would be consistent with City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the conditional use permit with 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. 2 7. Approve mitigation for a 17 space deficit for guest parking, per the current International Transportation Engineers manual. In exchange for use of the public parking system for the deficit spaces, the developer would pay the fee of $20,000 per deficit space and building management or guests would buy residential permits to use the permissible public parking lots. $40,000 of the fee for deficit spaces would be deposited in the City’s Downtown Parking Enterprise Fund prior to issuance of a building permit for the project, the remainder according to the schedule established in the TIF Agreement for the project. Conceptually the payment of the balance would be in fifteen $20,000 annual increments beginning in year 5 of the TIF Agreement. 8. Each of the one bedroom and larger units must have at least one parking space reserved for it in the building’s garage. And, half of the alcove units must have a reserved parking space in the garage. 9. If there are no available parking spaces in the building’s garage for guests, then guests would pay standard fees to park either in the City parking ramp or purchase a residential permit from the City to park in a public lot in which overnight residential parking is allowed. 10. 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. 11. 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. 12. 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. 13. The Stormwater Pollution Prevention Plan is updated to prohibit engine degreasing onsite. 14. 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. 15. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. 16. 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 Adopted by the Stillwater City Council this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021‐064 RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR A 61‐UNIT APARTMENT BUIDLING WITH LIMTED SHORT TERM HOME RENTALS TO BE LOCATED AT 200 CHESTNUT STREET EAST CASE NO. 2020‐60 WHEREAS, Jeff Hauck of ESG Architecture & Design, representing 200 Chestnut Partners LLC, submitted a request for a conditional use permit to construct a 61-unit apartment building at 200 Chestnut Street East, legally described as: Lots 1-3, Block 25, Stillwater; and WHEREAS, the Planning Commission held a public hearing and reviewed the request for a conditional use permit for the apartment building, Short Term Home Rental unit allowance of 10%, and associated variances on February 24, 2021 and, in a 4-1 vote, supported the Conditional Use Permit request; and WHEREAS, the City Council held a public hearing on the conditional use permit and associated variances request on March 2, 2021 and tabled consideration, requesting the applicant exploring parking alternatives; and WHEREAS, the applicant requested extension of the City Council’s request to May 4, 2021; and WHEREAS on May 4, 2021 the City Council discussed the request and found the proposed development did not conform to the parking requirements set forth in City Code Section 31-510 as the development parking deficit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby denies the conditional use permit. Adopted by the Stillwater City Council this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021‐065 A RESOLUTION APPROVING A DESIGN PERMIT APPEAL FOR THE PROPOSED 61‐UNIT APARTMENT BUILDING TO BE LOCATED AT 200 CHESTNUT STREET EAST HPC CASE NO. 2020‐32 WHEREAS, Jeff Hauck of ESG Architecture & Design, representing 200 Chestnut Partners LLC, submitted a request for a conditional use permit to construct a 61-unit apartment building at 200 Chestnut Street East, legally described as: Lots 1-3, Block 25, Stillwater; and WHEREAS, the Heritage Preservation Commission (HPC) considered the request at their December 16, 2020 and January 20, 2021 meeting; and WHEREAS, the HPC approved the Design Permit request with an approval condition requiring the fourth story to be removed on the basis the height, scale and mass of the building with the fourth story would negatively affect the essential character of downtown at the Stillwater Commercial Historic District; and WHEREAS, on February 1, 2021 the applicant appealed the design of the HPC, requesting the City Council consider removing the HPC’s approval condition requiring fourth story removal; and WHEREAS, the Stillwater City Council held a public hearing on the Design Permit appeal on March 2, 2021 tabled consideration of the request; and WHEREAS, the applicant requested extension of the City Council’s request to May 4, 2021; and WHEREAS on May 4, 2021 the City Council discussed the request and found that, with appropriate conditions, the project would be compatible with the surrounding business neighborhood and would be consistent with City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Design Permit appeal, removing HPC Case 2020-32 approval condition requiring removal of the fourth story with the following condition: 1. Plans shall be substantially similar to those found on file with CPC Case No. 2020-60 and dated March 2, 2021, except as modified by the conditions herein. Adopted by the Stillwater City Council this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021‐065 A RESOLUTION DENYING A DESIGN PERMITAPPEAL FOR THE PROPOSED 61‐UNIT APARTMENT BUILDING TO BE LOCATED AT 200 CHESTNUT STREET EAST HPC CASE NO. 2020‐32 WHEREAS, Jeff Hauck of ESG Architecture & Design, representing 200 Chestnut Partners LLC, submitted a request for a conditional use permit to construct a 61-unit apartment building at 200 Chestnut Street East, legally described as: Lots 1-3, Block 25, Stillwater; and WHEREAS, the Heritage Preservation Commission (HPC) considered the request at their December 16, 2020 and January 20, 2021 meeting; and WHEREAS, the HPC approved the Design Permit request with an approval condition requiring the fourth story to be removed on the basis the height, scale and mass of the building with the fourth story would negatively affect the essential character of downtown at the Stillwater Commercial Historic District; and WHEREAS, on February 1, 2021 the applicant appealed the design of the HPC, requesting the City Council consider removing the HPC’s approval condition requiring fourth story removal; and WHEREAS, the Stillwater City Council held a public hearing on the Design Permit appeal on March 2, 2021 tabled consideration of the request; and WHEREAS, the applicant requested extension of the City Council’s request to May 4, 2021; and WHEREAS on May 4, 2021 the City Council discussed the request and found that the fourth story of the structure would negatively affect the essential character of downtown at the Stillwater Commercial Historic District. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby denies the Design Permit appeal, upholding conditions of approval associated with HPC 2020-32. Adopted by the Stillwater City Council this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021‐066 A RESOLUTION APPROVING A DESIGN PERMIT APPEAL FOR THE PROPOSED 61‐UNIT APARTMENT BUILDING TO BE LOCATED AT 200 CHESTNUT STREET EAST HPC CASE NO. 2020‐32 WHEREAS, Jeff Hauck of ESG Architecture & Design, representing 200 Chestnut Partners LLC, submitted a request for a conditional use permit to construct a 61-unit apartment building at 200 Chestnut Street East, legally described as: Lots 1-3, Block 25, Stillwater; and WHEREAS, the Heritage Preservation Commission (HPC) considered the request at their December 16, 2020 and January 20, 2021 meeting; and WHEREAS, the HPC approved the Design Permit request with an approval condition requiring the fourth story to be removed on the basis the height, scale and mass of the building with the fourth story would negatively affect the essential character of downtown at the Stillwater Commercial Historic District; and WHEREAS, on February 1, 2021 the applicant appealed the design of the HPC, requesting the City Council consider removing the HPC’s approval condition requiring fourth story removal; and WHEREAS, the Stillwater City Council held a public hearing on the Design Permit appeal on March 2, 2021 tabled consideration of the request; and WHEREAS, the applicant requested extension of the City Council’s request to May 4, 2021; and WHEREAS on May 4, 2021 the City Council discussed the request and found that, with appropriate conditions, the project would be compatible with the surrounding business neighborhood and would be consistent with City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Design Permit appeal, removing HPC Case 2020-32 approval condition requiring removal of the fourth story with the following condition: 1. Plans shall be substantially similar to those found on file with CPC Case No. 2020-60 and dated March 2, 2021, except as modified by the conditions herein. Adopted by the Stillwater City Council this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021‐066 A RESOLUTION DENYING A DESIGN PERMITAPPEAL FOR THE PROPOSED 61‐UNIT APARTMENT BUILDING TO BE LOCATED AT 200 CHESTNUT STREET EAST HPC CASE NO. 2020‐32 WHEREAS, Jeff Hauck of ESG Architecture & Design, representing 200 Chestnut Partners LLC, submitted a request for a conditional use permit to construct a 61-unit apartment building at 200 Chestnut Street East, legally described as: Lots 1-3, Block 25, Stillwater; and WHEREAS, the Heritage Preservation Commission (HPC) considered the request at their December 16, 2020 and January 20, 2021 meeting; and WHEREAS, the HPC approved the Design Permit request with an approval condition requiring the fourth story to be removed on the basis the height, scale and mass of the building with the fourth story would negatively affect the essential character of downtown at the Stillwater Commercial Historic District; and WHEREAS, on February 1, 2021 the applicant appealed the design of the HPC, requesting the City Council consider removing the HPC’s approval condition requiring fourth story removal; and WHEREAS, the Stillwater City Council held a public hearing on the Design Permit appeal on March 2, 2021 tabled consideration of the request; and WHEREAS, the applicant requested extension of the City Council’s request to May 4, 2021; and WHEREAS on May 4, 2021 the City Council discussed the request and found that the fourth story of the structure would negatively affect the essential character of downtown at the Stillwater Commercial Historic District. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby denies the Design Permit appeal, upholding conditions of approval associated with HPC 2020-32. Adopted by the Stillwater City Council this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021‐067 RESOLUTION DENYING HEIGHT VARIANCES ASSOCIATED WITH A 61‐UNIT APARTMENT BUIDLING WITH LIMTED SHORT TERM HOME RENTALS TO BE LOCATED AT 200 CHESTNUT STREET EAST CASE NO. 2020‐60 WHEREAS, Jeff Hauck of ESG Architecture & Design, representing 200 Chestnut Partners LLC, submitted a request for a conditional use permit with associated variances to construct a 61-unit apartment building at 200 Chestnut Street East, legally described as: Lots 1-3, Block 25, Stillwater; and WHEREAS, the Planning Commission held a public hearing and reviewed the request for a conditional use permit and associated variances and, in a 4-1 vote, recommended City Council approval of a one-story, 3.5’ variance to the three-story, 37’ maximum height in the Central Business District Historic Height Overlay District; and WHEREAS, the City Council held a public hearing on the conditional use permit and associated variances request on March 2, 2021 and tabled consideration of the request; and WHEREAS, the applicant requested extension of the City Council’s request to May 4, 2021; and WHEREAS on May 4, 2021 the City Council discussed the request and found that practical difficulty had not been established. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby denies the one-story, 11.5’ variance to the three-story, 37’ maximum height in the Central Business District Historic Height Overlay District. Adopted by the Stillwater City Council this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021‐067 RESOLUTION APPROVING HEIGHT VARIANCES ASSOCIATED WITH A 61‐UNIT APARTMENT BUIDLING WITH LIMTED SHORT TERM HOME RENTALS TO BE LOCATED AT 200 CHESTNUT STREET EAST CASE NO. 2020‐60 WHEREAS, Jeff Hauck of ESG Architecture & Design, representing 200 Chestnut Partners LLC, submitted a request for a conditional use permit with associated variances to construct a 61-unit apartment building at 200 Chestnut Street East, legally described as: Lots 1-3, Block 25, Stillwater; and WHEREAS, the Planning Commission held a public hearing and reviewed the request for a conditional use permit and associated variances and, in a 4-1 vote, recommended City Council approval of a one-story, 3.5’ variance to the three-story, 37’ maximum height in the Central Business District Historic Height Overlay District; and WHEREAS, the City Council held a public hearing on the conditional use permit and associated variances request on March 2, 2021 and tabled consideration of the request; and WHEREAS, the applicant requested extension of the City Council’s request to May 4, 2021; and WHEREAS on May 4, 2021 the City Council discussed the request and found that practical difficulty had been established and approved of the one-story, 11.5’ variances to the three-story, 37’ maximum height in the Central Business District Historic Height Overlay District. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the requested height variances with the following conditions: 1. Plans shall be substantially similar to those found on file with CPC Case No. 2020- 60 and dated March 2, 2021, except as modified by the conditions herein. Adopted by the Stillwater City Council this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021‐068 RESOLUTION APPROVING SETBACK VARIANCES ASSOCIATED WITH A 61‐UNIT APARTMENT BUIDLING WITH LIMTED SHORT TERM HOME RENTALS TO BE LOCATED AT 200 CHESTNUT STREET EAST CASE NO. 2020‐60 WHEREAS, Jeff Hauck of ESG Architecture & Design, representing 200 Chestnut Partners LLC, submitted a request for a conditional use permit with associated variances to construct a 61-unit apartment building at 200 Chestnut Street East, legally described as: Lots 1-3, Block 25, Stillwater; and WHEREAS, the Planning Commission held a public hearing and reviewed the request for a conditional use permit and associated variances and, in a 4-1 vote, recommended City Council approval variance to the 20’ (Combined) Side Yard and 20’ Rear Yard Setback required for the Central Business District; and WHEREAS, the City Council held a public hearing on the conditional use permit and associated variances request on March 2, 2021 and tabled consideration of the request; and WHEREAS, the applicant requested extension of the City Council’s request to May 4, 2021; and WHEREAS on May 4, 2021 the City Council discussed the request and found that practical difficulty had been established and approved variances to the 20’ (Combined) Side Yard and 20’ Rear Yard Setback required for the Central Business District. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the requested height variances with the following conditions: 1. Plans shall be substantially similar to those found on file with CPC Case No. 2020- 60 and dated March 2, 2021, except as modified by the conditions herein. Adopted by the Stillwater City Council this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021‐068 RESOLUTION DENYING SETBACK VARIANCES ASSOCIATED WITH A 61‐UNIT APARTMENT BUIDLING WITH LIMTED SHORT TERM HOME RENTALS TO BE LOCATED AT 200 CHESTNUT STREET EAST CASE NO. 2020‐60 WHEREAS, Jeff Hauck of ESG Architecture & Design, representing 200 Chestnut Partners LLC, submitted a request for a conditional use permit with associated variances to construct a 61-unit apartment building at 200 Chestnut Street East, legally described as: Lots 1-3, Block 25, Stillwater; and WHEREAS, the Planning Commission held a public hearing and reviewed the request for a conditional use permit and associated variances and, in a 4-1 vote, recommended City Council approval variance to the 20’ (Combined) Side Yard and 20’ Rear Yard Setback required for the Central Business District; and WHEREAS, the City Council held a public hearing on the conditional use permit and associated variances request on March 2, 2021 and tabled consideration of the request; and WHEREAS, the applicant requested extension of the City Council’s request to May 4, 2021; and WHEREAS on May 4, 2021 the City Council discussed the request and found that practical difficulty had not been established and denied variances to the 20’ (Combined) Side Yard and 20’ Rear Yard Setback required for the Central Business District. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby denies the requested height variances. Adopted by the Stillwater City Council this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021‐069 RESOLUTION APPROVING PARKING VARIANCES ASSOCIATED WITH A 61‐UNIT APARTMENT BUIDLING WITH LIMTED SHORT TERM HOME RENTALS TO BE LOCATED AT 200 CHESTNUT STREET EAST CASE NO. 2020‐60 WHEREAS, Jeff Hauck of ESG Architecture & Design, representing 200 Chestnut Partners LLC, submitted a request for a conditional use permit with associated variances to construct a 61-unit apartment building at 200 Chestnut Street East, legally described as: Lots 1-3, Block 25, Stillwater; and WHEREAS, the Planning Commission held a public hearing and reviewed the request for a conditional use permit and associated variances and, in a 4-1 vote, recommended City Council approval variance to the 20’ (Combined) Side Yard and 20’ Rear Yard Setback required for the Central Business District; and WHEREAS, the City Council held a public hearing on the conditional use permit and associated variances request on March 2, 2021 and tabled consideration of the request; and WHEREAS, the applicant requested extension of the City Council’s request to May 4, 2021; and WHEREAS on May 4, 2021 the City Council discussed the request and found that practical difficulty had been established and approved the parking variance request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby denies the requested parking variance. Adopted by the Stillwater City Council this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021‐069 RESOLUTION DENYING PARKING VARIANCES ASSOCIATED WITH A 61‐UNIT APARTMENT BUIDLING WITH LIMTED SHORT TERM HOME RENTALS TO BE LOCATED AT 200 CHESTNUT STREET EAST CASE NO. 2020‐60 WHEREAS, Jeff Hauck of ESG Architecture & Design, representing 200 Chestnut Partners LLC, submitted a request for a conditional use permit with associated variances to construct a 61-unit apartment building at 200 Chestnut Street East, legally described as: Lots 1-3, Block 25, Stillwater; and WHEREAS, the Planning Commission held a public hearing and reviewed the request for a conditional use permit and associated variances and, in a 4-1 vote, recommended City Council approval variance to the 20’ (Combined) Side Yard and 20’ Rear Yard Setback required for the Central Business District; and WHEREAS, the City Council held a public hearing on the conditional use permit and associated variances request on March 2, 2021 and tabled consideration of the request; and WHEREAS, the applicant requested extension of the City Council’s request to May 4, 2021; and WHEREAS on May 4, 2021 the City Council discussed the request and found that practical difficulty had not been established and denied parking variance request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby denies the requested parking variance. Adopted by the Stillwater City Council this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk 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 May 4, 2021 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. 3rd and Myrtle Street Landucci Apartment Project Request 2. Central Commons Tax Abatement 3. Lowell Park Pavilion & Levee Wall Historic Structure Report 4. Predatory Offender Ordinance Review 5. Terra Spring Easement Discussion IV. STAFF REPORTS 6. Public Works Director 7. Police Chief 8. Fire Chief 9. Finance Director 10. Community Development Director 11. City Clerk 12. City Attorney 13. City Administrator 14. Library Director V. RECESS RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 15. Presentation of Council Service Awards to Jeff Johnson (Downtown Parking Commission); Reggie Krakowski (Heritage Preservation Commission); Larry Panciera (Human Rights Commission); Sandy Snellman (Parks & Recreation Commission); Mike Kocon and Chris Lauer (Planning Commission); and Stan Miller (Traffic Safety Review Committee) 16. Oath of Duty Presentation for Officer Brandon Gunderson and Officer Brian Tennessen 17. Proclamation - Stillwater Area High School Team that competed in the NASA Human Exploration Rover Challenge 18. Presentation by New Heights School on future playground X. OPEN FORUM - the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. 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. 19. April 20, 2021 regular meeting minutes 20. Payment of Bills 21. Annual Boards and Commissions Appointments 22. Community Active Living SHIP Grant Service Contract with Washington County 23. Cruisin on the Croix 2021 Car Show Event Contract 24. Diversion Tributary Stabilization Project BCWD Cooperative Agreement 25. La Carreta Amendment to License Premise - Resolution 26. Lot Line Adjustment for 12950 & 12960 75th St N - Resolution 27. MnDot Temporary Outdoor Dining Permit - Resolution 28. Northland Park New Playground Equipment 29. Pro Utility Locator Purchase Approval 30. Server Room Replacement Cooling System - Available Tuesday 31. Subscription Agreement with Lexipol 32. Washington County Municipal 2021 Recycling Grant Agreement 33. Water Department SCADA Upgrade Bid Award XII. PUBLIC HEARINGS - when addressing Council please limit your comments to 10 minutes or less. 34. CPC Case No. 2021-13 to vacate portion of public drainage and utility easements located upon, Lot 1, Block 1, of Rivard Addition. Notice mailed to affected property owners and published in the Stillwater Gazette on Friday, April 16, 2021 - Resolution 35. CPC Case No. 2021-18 to consider a request by Jon Whitcomb, property owner. Request is for the consideration of a Zoning Map Amendment to rezone the property to RA. Property located at 12950 75th St N. Notice mailed to affected property owners and published in the Stillwater Gazette on Friday, April 16, 2021. - Ordinance 1st Reading 36. CPC Case No. 2021-15 to consider a request by Linda Countryman, representing Sustainable Stillwater and Chair of the Green Steps Committee, applicant. Request is for the consideration of a Zoning Text Amendment to allow Accessory Dwelling Units within the RA zoning District. Published in the Stillwater Gazette on Friday, April 16, 2021. - Tabled to May 18 City Council meeting XIII. UNFINISHED BUSINESS 37. 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 Tabled from April 20, 2021 Council meeting. XIV. NEW BUSINESS 38. Final Plat and Development Agreement for White Pine Ridge - Resolution 39. Great River Greening Partnership 40. Hwy 36 and Greeley Street MnDOT Conveyance XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda May 4, 2021 illwatei THE H I R T H P L R L E [I F M INN E S B! A TO: City Council DATE: April 26, 2021 REGARDING: Landucci Homes project LOCATION: 3rd Street & Myrtle FROM: Bill Tumblad, Community Development Director INTRODUCTION As the City Council knows, Nathan Landucci is planning to construct an apartment building at the corner of Myrtle and 3rd Streets. At the Council work session in April he asked if the City Council would sell him the City land crosshatched in red to the right. The Council denied the request. Mr. Landucci is now asking the Council to: 1. Consider selling less City property for an apartment building with a smaller footprint; and 2. Reconsider the sale of the originally requested amount of City property, because it would likely create a safer and more efficient traffic pattern on Myrtle Street. COMMENTS 1. Consider selling less City property for an apartment building with a smaller footprint a. This request is for the approximately 10-foot-wide strip of land next to the City's surface lot on 3rd Street. It can be seen in red crosshatch to the right. b. This layout is similar to the one approved for Jon Whitcomb several years ago. c. The garage layout for this plan is seen on the next page. It has a single access point with two-way traffic. Landucci Homes Page 2 rtERLE BE-E 2. Reconsider the sale of the originally requested amount of City property. a. This layout allows for one-way circulation through the parking garage. The result is that the entrance can be located further away from the intersection of Myrtle and 3rd Streets. The advantage to this over a single access point garage is that the number and complexity of turning maneuvers close to the intersection can be reduced. EEeVILO flETAiN IRG WATT fScEEGEN TO -Ruci.TRE; ENGINEER BUILDING 14,360 SF FOOTPRINT MYRTLE E ACTION REQUESTED Staff requests the City Council to consider Mr. Landucci's requests. bt April 26, 2021 Abbi Jo Wittman Bill Turnblad City Planners Tom McCarty City Administrator 216 4th Street North Stillwater, MN 55082 Narrative Dear Abbi, Bill & Tom, This is a formal request to the City Council for their consideration on some development options on the Northeast corner of Myrtle Street and 3rd St N (107 3rd St. N.) I am presenting 2 apartment building options; see below for details of each proposal. I would like to hear City Council's thoughts on both options and would like direction so that we can move forward on a submittal. Our original thought on assembly of property to include the Balay piece was 2-fold. Buying out Balay would afford the benefit of impacting the property and vantage points without potentially adversely affecting current property owner, even if that was just opinion. In this scenario, we would propose to rent out the home and keep it within our ownership and management of the apartment, the home's tenants would benefit from the use of the amenities offered by the apartment. We thought this would be a good fit and the two structures could complement each other with joint landscaping and maintenance. We would propose to conduct any maintenance to the exterior of the home, reconstruct driveway/landscape, etc. The most important reason for including the Balay piece is that we would have the ability to use the Balay driveway as an entrance to the underground parking, essentially cars would make a right turn only into the driveway and would keep traffic further away from the intersection. We would propose exit to be in the same location as the Wittcomb approved plan. The exiting cars would turn right only. In this scenario, city staff though that traffic would be more responsibly managed in the following ways: • traffic would be further from the intersection • dedicated entrance and exit • both right turns which would prevent traffic from crossing the center line on Myrtle • traffic flows would be managed better (efficient and safe) Option 1: • Assembled properties currently owned by: Wittcomb, Balay, City of Stillwater • 54 unit, market apartment building • Premium exterior finishes: brick, metal, wood cladding, glass, balconies • Underground parking entrance-Balay driveway (Right turn in only) for most efficient and safe traffic flows • Underground parking exit -garage door on Myrtle (Right turn out only) for most efficient and safe traffic flows • Parking for Option 1: • 34 underground spaces • 3 additional outdoor spaces added to city lot due to the vacation of drive lane • 40 spaces grandfathered in the Wittcomb property • Total 77, city currently requires 99 for this size project (short 22 spaces) Proposed ratio 1.42 parking spaces per unit Variances requested for Option 1: • Sale of public land (approx 2125 sq. ft) • Setbacks • Parking-77 parking spaces allocated, requirement 99 spaces (short 22 spaces) Parking ratio proposed is 1.42 spaces per unit. • Height -exact height of approved Wittcomb project Option 2: • Assembled properties currently owned by: Wittcomb, City of Stillwater • 36 unit, market apartment building • Premium exterior finishes: brick, metal, wood cladding, glass, balconies • Underground parking entrance/exit-garage door on Myrtle, directional limitations of entering/exiting could apply Parking for Option 2: • 25 underground spaces • 3 additional outdoor spaces added to city lot due to the vacation of drive lane • 40 spaces grandfathered in the Wittcomb property • Total 68, city currently requires 66 for this size project (surplus/extra 2 spaces) Proposed ratio 2.13 parking spaces per unit Variances requested for Option 2: • Sale of small strip of public land (approx 900 sq. ft) • Setbacks • Height -exact height of approved Wittcomb project I appreciate the consideration of City staff and City Council in this matter. Best Regards, Nathan Landucci; Landucci Homes, Inc. ijlwater THE B I R T H P L A C E CF MINNESOTA DATE: April 30, 2021 TO: Mayor & Council Members APPLICANT: Mark Lambert, Central Commons, LLC LAND OWNER: Central Commons, LLC REQUEST: Discuss Tax Abatement for Central Commons Addition AUTHOR: Bill Turnblad, Community Development Director CASE NO.: 2020-40 BACKGROUND Central Commons, LLC is the owner of the 35.3-acre property at the southeast quadrant of Manning Avenue and State Highway 36. They plan to develop the property as a mixed use Planned Unit Development (PUD) project over several phases. The first phase will be synchronized with the construction of the new grade separated interchange at Highway 36 and Manning Avenue. The City Council approved the final plat and final PUD for Phase 1 on November 17, 2020. Still remaining to be approved are: 1) a Development Agreement, 2) a Tax Abatement Agreement, and 3) an Assessment Agreement. This short memo comments on the tax abatement aspect of the project. COMMENTS In order to develop Central Commons Addition a number of public infrastructure improvements are necessary. This includes the grade separated interchange at Manning Avenue and State Highway 36; the frontage road connecting St Croix Trail with Manning Avenue; an oversized stormwater treatment pond; and the extension of trunk sewer and water from their current terminus at Curve Crest Boulevard to the perimeter of Central Commons Addition. And each of these incur costs that are not customarily borne by the developer. To help address these extra costs, the City Council said in a pre -annexation agreement with the developer that the City would consider tax abatement and development fee waivers. So, the general financing scenario envisioned for the public improvements is that tax abatement and development fee waivers would off -set non -customary costs to Central Commons Addition. But prior to actually drafting the tax abatement agreement, the Council charged a committee of two council members, several staff members and consultants to review the developer's request and make a recommendation on broad terms of the agreement. Central Commons Tax Abatement April 30, 2021 Page 2 The committee members were Council Members Junker and Polehna, TIF Consultant Mikaela Huot (Baker Tilly), City Administrator McCarty, City Attorney Land, Finance Director Provos, Community Development Director Turnblad and Public Works Director Sanders. The recommendation follows. Tax abatement is a financing tool that is intended to be used for assisting the developer with offsetting a portion of the costs associated with development the property that includes primarily acquisition, installation of public and private improvements. Following financial analysis, it has been determined that a portion of the costs required for development of the site are extraordinary and not supportable based on current market conditions. The level of tax abatement assistance has been based on a land development analysis and focuses on the portion of costs not deemed to be supported by the project upon full development. Tax abatement is a tool the City (and County) have considered using to provide financial assistance to the developer and allow for development of the site to be financially feasible. The abatement revenues generated from the future development would be 'rebated' to the developer as an offset to annual property taxes and potential assessments. The value of the abatement based on the current development assumptions is estimated to be approximately $4,277,2351 over 15 years and includes both the City and County portion of taxes. Based on the developer's estimates and assumptions, the committee believes that the project presents value to the City both in the short and long term and would therefore recommend: 1. Charge the full standard $945,027.00 in City development fees. Abating none. 2. Enter into a tax abatement agreement for up to an estimated $3,527,2352 of City real estate tax abatement over 15 years with a not -to -exceed actual amount of City tax generated during term of abatement. Using the development assumptions provided by the developer and based upon calculations performed by Mikaela Huot of Baker Tilly, it is reasonable to expect this project to generate sufficient real estate tax revenue to cover up to $3,853,194 in City tax abatement. 3. County may abate $750,000 of their portion of the real estate tax. Based on provided assumptions, calculations show sufficient revenues would be generated to support this. 4. Total abatement assistance may be up to $4,277,2351 including City and County. 5. City tax abatement will exclude $66,600 from annual abatement to cover City service costs (this is offset by including existing land value in abatement calculation). 6. City tax abatement includes land and new building value (base value effectively $0). 7. County tax abatement calculations include only new building value (land calculated as 'base') 8. City tax abatement is not reduced for fiscal disparities, since the City is a net receiver of fiscal disparity funds each year, generating maximum revenues possible. 1 The developer requests that interest that will be charged by the City for assessments be included in the abatement total. So, the total estimated abatement with interest would then be $4,603,194 instead of the $4,277,235 recommended by the committee. 2 The developer requests that interest that will be charged by the City for assessments be included in the abatement total. So, the total estimated abatement of the City's portion of taxes would be $3,853,194 instead of the $3,527,235 recommended by the committee. Central Commons Tax Abatement April 30, 2021 Page 3 9. County tax abatement is reduced for fiscal disparities, consistent with County Tax Abatement Policy application. 10. Maximum 15-year term. 11. Taxes for Outlots A & B (future development lots) not to be abated with this tax abatement agreement.3 ACTION REQUESTED Staff requests the City Council to consider the Tax Abatement Committee recommendation, as well as the developer's request to include assessment interest in the abatement, and provide staff direction on drafting the broad terms of the tax abatement agreement. Attachments: Committee workbook cc: Mark Lambert, Central Commons LLC 3 The developer requests that the following phrase be added to this recommendation item: ".... but will be reviewed and available to assist with underfunded or future extraordinary costs of development." ilwater THE BIRTH P L A C E OF MINSOA PLANNING REPORT TO: City Council MEETING DATE: May 4, 2021 REGARDING: Lowell Park Pavilion and Levee Wall Historic Structure Report REPORT BY: Abbi Jo Wittman, City Planner REVIEWED BY: Shawn Sanders, City Engineer INTRODUCTION Late 2019 the City entered into contract with Collaborative Design Group to develop a Historic Structure Report for the Lowell Park Pavilion and Levee Wall. A primary catalyst for report development was to understand the conditions of the structure and site as local Rotary groups are interested in the adoption of the structure and its surroundings. The City received the final report in February of this year; it attached to this memo for Council review. REPORT SUMMARY Overall, the 98-year old Pavilion is in relatively good condition though component conditions vary. Pages 14-59 detail assessment of the individual components. If temporary and permanent rehabilitation efforts are implemented, the total project cost would be (approximately) $350k; it is recommended to conduct this work in the next two years though a significant amount of work (and cost) is recommended to be conducted within the year. Outlined on pages 64-67, the consultant provided recommendations for future maintenance and upgrades. While the structure is in need of routine maintenance (i.e. scraping, sanding and painting) that could be done in partnership with the local Rotary groups, the structure's primary components (foundation and roof) are in poor condition. A few things worth noting: • As the structure has been withstanding annual flooding and freeze/thaw cycles, the foundation is in need of replacement. The replacement cost is estimated at $135k. • Though the structure is not in danger of collapse, temporary shoring of the foundation wall for stabilization and collapse prevention has been identified as Critical, requiring immediate action. The temporary shoring cost is estimated at $34k. • Other repairs, including roof replacement and wood and metal repairs are estimated at $167k. It should be noted that, if the City choses to stabilize the foundation, the $34k estimated cost is on top of the $135k replacement cost. In other words, if the City opts to stabilize at this time and wait to repair, the total cost for the foundation will be approximately $170k. COUNCIL DISCUSSION The City has budgeted $6,500 this year for further assessment of the foundation and site surroundings. However, given assessment has occurred and there is a need for some work to occur, staff is recommending the Council explore other funding sources to have the work completed. The City has lease revenue (Edward Kramer and Sons, Max To -Do Services, and St. Croix Boat and Packet) that have been restricted for use in Lowell Park. It is estimated there are funds available to cover the cost of foundation stabilization or reconstruction but not both. Additionally, as the structure is listed as contributing to the Stillwater Commercial Historic District, the work is eligible for (competitive) funding from the Minnesota Historical Society; the next round of large -grant application submissions is September, 2021. Lastly, staff is aware of local foundations who focus efforts on historic preservation though these funding sources have not been explored. Utilizing a matrix of the available funding sources, staff would recommend the Council consider the following at this time: • Utilizing the $6,500 2021 budgeted funds for the development of footing and foundation plans; and • Utilizing $35,000 in lease reserves for the stabilization of the foundation If the Council is favorable to this approach, staff will work towards the submission of a September, 2021 Minnesota Historical Society grant application submission and explore private foundation options for a grant match. Page 2 of 2 Lowell Park Pavilion and Levee Wall Stillwater, Minnesota Historic Structures Report Final Report Prepared For: City of Stillwater CDG Project Number 19078.00 03 February 2021 Lowell Park Pavilion and Levee Wall Report 03 February 2021 CONSULTANTS CDG Project #19078.00 February 03, 2021 Abbi Jo Wittman City Planner, City of Stillwater Minnesota 216 4th Street North Stillwater, MN 55082 awittman@ci.stillwater.mn.us Re: Lowell Park Pavilion Condition Assessment CDG Project 19078.00 Dear Abbi, COLLABORATIVE DesignGroup,i... We have completed the Condition Assessment for submittal of Lowell Park Pavilion Condition Assessment. This report summarizes our evaluation procedures along with our observations and conclusions regarding probable causes of the noted deterioration. This complete report includes recommendations and cost estimates for immediate and moderate priorities. The services performed in evaluating the building and in preparing this report have been in accordance with the level of skill and care normally used for this type of project. The conclusions and recommendations discussed in this report are our best professional opinions based on our knowledge of current design and repair of this type of building. No warranties are expressed or implied. It has been a pleasure to perform this service for you. If you have any questions, or if we can be of further assistance, please feel free to call. Very truly yours, Collaborative Design Group, Inc. RiAtctouttL) William D. Hickey AIA CID LEEDOO-AP Principal, Historic Architect I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. William D. Hickey, AIA License #2011 1 FINAL REPORT Lowell Park Pavilion and Levee Wall Report 03 February 2021 CONSULTANTS CDG Project #19078.00 CONSULTANTS COLLABORATIVE DesignGroup,iiic. Collaborative Design Group 125 Main Street SE, Suite 240 Minneapolis, MN 55414 (612) 332-3654 Bill Hickey, AIA, CID, LEED AP Historic Architect Elizabeth McCollough, AIA, LEED AP Historic Architect Craig Milked, PE, LEED AP Structural Engineer ACKNOWLEDGEMENTS This publication was made possible in part by the people of Minnesota through a grant funded by an appropriation to the Minnesota Historical Society from the Minnesota Arts and Cultural Heritage Fund. Any views, findings, opinions, conclusions, or recommendations expressed in this publication are those of the authors and do not necessarily represent those of the State of Minnesota, the Minnesota Historical Society, or the Minnesota Historic Resources Advisory Committee. CLEAN WATER LAND & LEGACY .NIFNI}SME NT MINNE$QTA IiISTQRIfAL & CULTURAL GRANTS FINAL REPORT Lowell Park Pavilion and Levee Wall Report 03 February 2021 EXECUTIVE SUMMARY CDG Project #19078.00 EXECUTIVE SUMMARY The Lowell Park Pavilion is part of the 1911 design of the waterfront in Stillwater, Minnesota. The Pavilion was one of the final pieces to the design, completed in 1923. The wooden structure with concrete base sits at the center of Lowell Park in downtown Stillwater. Of the 1923 structure, the footings, foundations, stairs to the river, steel substructure (clad in wood) and the rafter tails are original. Although not original, the roofs which were added in the 1930s are now part of the historic fabric of the building. The City of Stillwater has done on- going maintenance, including replacement of deteriorated wood cladding. The wooden members that form an open canopy at the fascia vary in condition, but in general are fair to good condition. Columns are structurally sound, showing some water staining and small amounts of deterioration at their bases. The open metal lattice work at the top of the columns, forming the upper perimeter of the structure is in a similar condition. It is at the lower and upper most portion of the building where there is water and age deterioration. At the fascia, soffit and rafter tails the condition good with limited areas of poor to inadequate condition. Because these areas are limited in scope, patching and repairing with consolidant or replacing with like materials will be possible. The structure sits on a concrete base that is open below. As the river yearly overtakes the banks, the concrete structure has born most of the damage. In the springtime, the water of the St. Croix often crests at the floor of the pavilion. The surge in river water has caused serious damage to the foundation. On the west side of the foundation, that holding up the soil on the downtown side, is in poor condition with a large crack that runs horizontally around the foundation at approximately grade height. Portions of this crack open to more than 5". Concrete beams and the front wall of the structure are in fair condition, having survived better than the walls. Concrete stairs lead from the east and west up to the pavilion. Additionally, there is a set of stairs that flank the structure but are not part of it. These flanking stairs are in inadequate to poor condition, having given way from their side walls and are no longer plumb. The stairs at the building are in poor to fair condition. The sidewalk and seawall on the river side of the pavilion are in good condition. These two items tie the pavilion to a river walk that runs the length of Lowell Park. Given their condition, location at the water's edge and their good condition work in these areas is not recommended. There are two roofing materials on the building. The main double -hipped is clad in wood shakes. This roof is in unsatisfactory condition. Shakes are missing and cracked, allowing water to penetrate the roof. This does not appear to have caused any structural damage yet. To each side of the main roof is a lower flat roof with membrane and pea -gravel ballast. The membrane appears to be in tack. However, water damage at the roof near the scuppers is evident and is causing damage at the fascia and rafter tails. There is an electrical panel that serves the pavilion. The panel is in inadequate condition, as is the wiring running to two overhead lights and several outlets at the soffit. The panel is not FINAL REPORT Lowell Park Pavilion and Levee Wall Report 03 February 2021 CDG Project #19078.00 secured and does not appear to be marine grade. Having the panel unsecured is an inadequate condition. Given the condition of the structure, it is possible to rehabilitate and stabilize it for future use. The biggest concern will be the rehabilitation of the concrete foundation and finding appropriate ways to protect it from future damage by flooding of the St. Croix River. FINAL REPORT Lowell Park Pavilion and Levee Wall Report 03 February 2021 TABLE OF CONTENTS CDG Project #19078.00 TABLE OF CONTENTS INTRODUCTION 1 SITE AND BUILDING DESCRIPTION 1 Geographic Location 2 Site and Building Description 3 BUILDING HISTORY AND SIGNIFICANCE 7 Brief History of the Lowell Park Pavilion 7 History of Building and Use 10 History of Building - Timeline 11 Character Defining Features 11 Significance of Building 11 Character Defining Features 11 Seasonal Conditions 13 ASSESSMENT OBSERVATIONS 14 Process 14 Rating Scale 14 DISCUSSION AND CONCLUSIONS OF BUILDING CONDITIONS 60 Historic Property Treatment Approach 60 Roof 60 Pavilion Wooden Structure, with Metal Lattice 60 Electrical 61 Pavilion Foundation, Seawall and Walk 62 RECOMMENDATIONS 64 Priorities and Budget Estimates 64 PLANNING FOR THE FUTURE (NOT IN SCOPE) 70 Planning - Connecting the Pavilion to the Park 70 Pavers and Walkways 70 Signage 72 Path Lighting 72 END NOTES 73 APPENDIX 74 Technical Drawings Paint Assessment FINAL REPORT Lowell Park Pavilion Historic Structures Report 03 February 2021 INTRODUCTION CDG Project #19078.00 INTRODUCTION The Lowell Park Pavilion is a contributing building in the Stillwater Commercial Historic District in Stillwater, Minnesota. Located in Lowell Park along Stillwater's historic riverfront, the Pavilion is a popular destination for visitors and residents alike. Located adjacent and on top of the seawall fronting the St. Croix River through downtown, the structure is subject to periodic flooding. This is an open-air structure that has two faces one to downtown Stillwater and the other to the St. Croix River. The wooden structure is positioned on a poured concrete base. The base rises above Lowell Park by some 30 inches. Positioned as it is, the Pavilion is the center piece to Lowell Park, centered half -way between the north and south ends of the park. From this vantage point there are views of Wisconsin, the St. Croix river, the historic lift bridge, and historic downtown Stillwater. SITE AND BUILDING DESCRIPTION Building Address 500 Myrtle Street East Stillwater, MN Legal Description PT LTS 1-5 BLK 27 & ADJ VAC MYRTLE ST & SLY 140FT BLK 18 LYING ELY OF LN PARL WITH & 66 FT ELY AS MEAS AT RT ANG FROM C/L MAIN TRK OF RR AS OPER IN 1959 SUBDIVISION CD 2695 SUBDIVISION NAME STILLWATER BLOCK 27 LOTS 1-5 Coordinates Latitude 45.0570182 Longitude -92.8043353 Lot Size 1.234 Acres, Includes all of Lowell Park Total Building Square Footage Approximately 928 Gross SF Building Ownership City of Stillwater National Register Listing National Register of Historic Places NRHP No. Contributing Structure to the Stillwater Commercial Historic District Local Designation NA COLLABORATIVE I)csigru,roup,,,„. FINAL REPORT 1 Lowell Park Pavilion Historic Structures Report 03 February 2021 SITE AND BUILDING DESCRIPTION CDG Project #19078.00 Geographic Location The Lowell Park Pavilion is located in Washington County in the City of Stillwater, Minnesota. The City of Stillwater is located on the east side of the state of Minnesota, in Washington County, and is the county seat. Washington County borders the St. Croix River, which separates Minnesota and Wisconsin. Stillwater sits within the St. Croix floodplain with its back against the high bluffs to the west. Site Location Stillwater Minneapolis According to the National Register nomination, the area was greatly improved after an 1852 landslide which destroyed many of the early buildings and added around 10 feet of fill to a six -acre area in the heart of what is now downtown (6, 8 (see also ref. 7, since this is cited). Over time more area within the floodplain was infilled, which gave birth to the property that is Lowell Park today. Lowell Park Pavilion is in downtown Stillwater. The building is located just off Hwy 95/Main Street at the east terminus of Myrtle Street. The Pavilion sits at the center of Lowell Park which runs from Mulberry Street, north of the Pavilion to near Nelson Street to the south. The property is owned and maintained by the City of Stillwater as part of their city park system. ,: COLLABORATIVE HISTORIC DOWNTOWN STILLWATER FINAL REPORT 2 Lowell Park Pavilion Historic Structures Report 03 February 2021 SITE AND BUILDING DESCRIPTION CDG Project #19078.00 Site and Building Description Building Address: Legal Description: 201 Water Street North, Stillwater, MN 55082 PT LTS 1-5 BLK 27 & ADJ VAC MYRTLE ST & SLY 140FT BLK 18 LYING ELY OF LN PARL WITH & 66 FT ELY AS MEAS AT RT ANG FROM C/L MAIN TRK OF RR AS OPER IN 1959 SUBDIVISION CD 2695 Subdivision Name: STILLWATER BLOCK 27 LOTS 1-5 Lot Size: 1.234 acres, Lowell Park Building Square Footage: 928 SF Building Description: One story wood framed building with concrete base 54'-4" long by 22'-2" wide Double hipped center roof, flanked by flat roof Open wood frame Building Ownership: City of Stillwater National Register Listing: Contributing Structure to the Stillwater Commercial Historic District Local Designation: None ti - III IIII ';, - _ II� 1�f l 9UII `r i' I 1 aJ1= HIP - West Elevation with the St. Croix River and the historic lift bridge in the background COLLABORATIVE ❑esignGroup, ir,,. FINAL REPORT 3 Lowell Park Pavilion Historic Structures Report 03 February 2021 SITE AND BUILDING DESCRIPTION CDG Project #19078.00 Constructed in the craftsman style, the Lowell Park Pavilion is an open-air wood structure sitting on a poured concrete foundation. The massing of the structure is in three parts, a center square section flanked on either side by a rectangle shaped wing. The three sections of the structure are distinguished by their height, roof style and roofing material. At the center is a double -hipped roof clad with wooden shakes. The lower roofs drop down about 28" from the eaves of the center roof. These roofs are flat, membrane roofs with pea -gravel ballast. Accenting the flat roofs are decorative rafter tails. Below these is a two -foot lattice work band. The lattice work band and the rafter tails die into the columns supporting the center roof structure. At each of the corners of each roof section are three structural columns, those at the center roof being approximately 1.5 times as large as the columns at the lower roofs. All of the columns are simple and clean, only decorated at the head and base where there are single bands of wood trim. Between the columns are straight -spindled railings. The original wood railings have been replaced with painted metal railings for safety and durability. The new railings mimic the craftsman style and size. On the west side, the downtown side, the poured concrete base rises up approximately 30", on the river side the base rises up over five feet. The pavilion can be accessed from both sides via a pair of opposing poured in place concrete stairs. There are slight differences in the stairs, with the river side stair being flanked by concrete railing which gives it a monumental feeling. South elevation shows column symmetry. Simple square columns are accented by lattice work. Below the concrete floor of the pavilion is an open area that had been used for storage. This area is subject to flooding. Water from the St. Croix River is often up to the floor of the pavilion. The structure of the building is clearly visible. The slab of the pavilion floor consists of concrete beams with a poured in place concrete slab. This structure system makes it possible to have this area free of any structural columns. The west wall of the pavilion serves as both structural support of the pavilion above and as a retaining wall, holding back the soil of the COLLABORATIVE 1)esignGroup, . FINAL REPORT 4 Lowell Park Pavilion Historic Structures Report 03 February 2021 SITE AND BUILDING DESCRIPTION CDG Project #19078.00 park to the west. Under the pavilion is a storage area with a concrete floor that extends from under the building to the edge of the water forming the walkway at the St. Croix River. To the north and south of the pavilion are stairs leading directly from the walkway in front of the pavilion down to the sidewalk at the water's edge. These stairs are part of the outer seawall that aligns with the back of the pavilion. At the monumental stairs, the sidewalk bows out into the river. Here and along the entire river walk, concrete obelisks support heavy chains that form a "railing" between the sidewalk and the river. Although the Pavilion remains true to its original construction and design, some of the building components have been replaced in -kind due to deterioration. The remaining original building components are the footings, foundations, the masonry stair leading to the water, the metal substructure columns (wrapped in wood) and some of the rafter tails. Most of the restoration/rejuvenation was done in the 1980s when the building was restored to its 1930s look. The most notable difference between the look of the original construction and the 1930s look is the replacement of the open-air rafter trellis with the roofs. COLLABORATIVE ❑esignGroup, .. Open area under the pavilion is secured by metal gates. Sidewalk and a chain railing separate the pavilion from the St. Croix River. FINAL REPORT 5 Lowell Park Pavilion Historic Structures Report 03 February 2021 SITE AND BUILDING DESCRIPTION CDG Project #19078.00 le- f• `+� ►fir. s cr Aso .11prw! ii�..� View of the northern portion of Lowell Park, including the Lowell Park Pavilion, 2010, Chris Faust View of the northern portion of Lowell Park, including the Lowell Park Pavilion, 2020 C COLLABORATIVE DesignGroupon,. FINAL REPORT 6 Lowell Park Pavilion Historic Structures Report 03 February 2021 BUILDING HISTORY AND SIGNIFICANCE CDG Project #19078.00 BUILDING HISTORY AND SIGNIFICANCE Brief History of the Lowell Park Pavilion The founding of Lowell Park, and subsequently the erection of the Pavilion, directly coincides with Stillwater's transition away from the lumbering industry. Stillwater saw dramatic changes in the early 1900s when the lumber industry collapsed, affecting the economy as well as the appearance of the riverfront. Stillwater gradually embraced recreation and tourism as its new economic driver. The redesign of the riverfront into Lowell Park in 1911 marked the transition from an industrial focus for the city (2, -). At the height of Stillwater's lumbering success and as the industry later declined, the City Beautiful movement developed in cities across the country, including in Stillwater (1, 29). City Beautiful is a subset of the larger, progressive social reform movement from the turn of the century that promoted beauty not only for its own sake, but also to create moral and civic virtue among urban populations. Stillwater showed early moves toward this progressivism, including initiating streetcar service in 1889, establishing itself as a destination on the Minneapolis and St. Paul Suburban Railway and the building of a Carnegie Library in 1903 (3, 19). The establishment of Lowell Park in 1911 is seen as the direct result of the City COLLABORATIVE Lowell Par in 19181.1I.AI S). Stillwater levee construction, south end of Lowell Park. Mullers Boat Works in the background. FINAL REPORT 7 Lowell Park Pavilion Historic Structures Report 03 February 2021 BUILDING HISTORY AND SIGNIFICANCE CDG Project #19078.00 Beautiful movement taking hold in Stillwater (1, 29). Additionally, Lowell Park is considered the first step in reworking the city's gateway and accommodating automobile traffic (3, 19). A portion of the property of present-day Lowell Park was secured as parkland in 1910 with both a combination of public and private funds (1, 53). Designed originally by William A. Finklenburg, occupying the land between Myrtle and Chestnut, "Levee Park" was characterized by a 40'-0" wide boat landing and a stone levee. It was also known for its garden, manicured lawn, ornamental benches, and a concrete bench -wall overlooking the river (5, 5). The concrete seawall was built in 1913, 3'-0" west of the stone levee (2). Soon after, the park was expanded north and renamed Lowell Park, in honor of local hotelier Elmore Lowell, who made the largest private donation (1, 53). Stillwater contracted with the landscape firm of Morell & Nichols, who produced plans for the extension in 1917 and developed the "Plan of Stillwater" in 1918. The Pavilion, part of the Morell & Nichols design, was completed in 1923 (3, 19). The Morell & Nichols plan for Lowell Park embraced the City Beautiful movement, creating a formal and orderly approach to the paths, gardens and vista points. Architecturally, the style of the movement borrowed elements from Beaux-Arts and neoclassical architecture, emphasizing order, dignity, and harmony. The Sunken Garden, fountain and pool with water jets, decorative benches, walks, the drive paralleling the shoreline, and the pavilion all play a key role in forming this style. By 1930, the Morell & Nichols master plan for Lowell Park was, by and large, complete. By then, the Lift Bridge planning and site work was underway, which regraded the park and COLLABORATIVE Main Street prior to Lowell Park construction. Construction work at Lowell Park levee, ca. 1927 FINAL REPORT 8 Lowell Park Pavilion Historic Structures Report 03 February 2021 BUILDING HISTORY AND SIGNIFICANCE CDG Project #19078.00 added the traffic circle and vehicular/pedestrian underpass at the west end of the bridge. The roadway was also extended to Mulberry Point, where stood a bandstand, later relocated to a lot in the Staple May Addition (5, 7). The following is noted in "The Stillwater Cultural Landscape District: Stillwater, Minnesota" by the Minnesota Department of Transportation published in 2011. Closing of the St. Croix Boom Company in 1914 was a critical event in the city's economic history_ Riverfront mill and factory buildings were put to other uses, but the new businesses were often short-lived. Investment in diversified manufacturing such as agricultural implements, allowed the city to retain its workforce and position as a trade center. The city's population stood at 12,318 in 1900, but declined to 10,198 in 1910, 7,735 in 1920 and 7,013 in 1940. The Northwest Thresher, Twin City Forge and Foundry. Foote -Schultze, Smithson Paper Box, Stillwater Market Creamery, Minnesota Mercantile, and Stillwater Garment companies were among the city's important early twentieth-century employers on or near the riverfront_ The Stillwater Prison, located in Battle hollow since 1853, closed in 1914. During the next decades the riverfront area was slowly transformed by removal of industrial buildings, railroad tracks, and boathouses. The popular City Beautiful Movement. which emphasized urban planning built on a foundation of improved streets and neighborhood parks. was underway just as many people in Stillwater were beginning to understand the potential need for new uses for the riverfront, Evidence of the city's progressive planning included streetcar service inaugurated in 1889. opening of the Minneapolis and St. Paul Suburban Railway (which after 1899 offered half-hour service to St. Paul), and completion of the Carnegie Library in 1903. COLLABORATIVE DesignGroupon,. Lowell Park sunken gardens in 1934 f.t!.%HS). Although the riverfront would continue to be dominated by industry for several more decades. the initial construction of Lowell Park (1911) represented the first step in reworking the city's gateway, creating a public use along the former levee. and accommodating new automobile traffic. William A. Finkienburg of Winona designed the first phase of Lowell Park. It extended two blocks south of Chestnut Street and featured a river wall with a lawn, plantings, and concrete benches. A north extension was completed in 1917 with plans by Minneapolis landscape architects Morel! & Nichols. A riverfront pavilion was completed in 1923. The firm also prepared the Plan ofStillwarer (1918). It was a blueprint for the modern city, proposing new ideas for parks. boulevards, housing, and riverfront land use. It called for a system of scenic drives linking views of the river valley, FINAL REPORT 9 Lowell Park Pavilion Historic Structures Report 03 February 2021 BUILDING HISTORY AND SIGNIFICANCE CDG Project #19078.00 History of Building and Use The Pavilion, designed by MorelI & Nichols, actually replaced an existing pavilion (ca. 1916) at that same location. No record is available about that pavilion, but is it assumed in the Lowell Park Renovation Plan from 1992 that "the pavilion, then though similar to the existing pavilion differed slightly in design". The 1923 pavilion was characterized by steps descending through the building's center, and the structure was unroofed with Lowell Park Pavilion, early photo horizontal trellises (5, 7). In 1931, the concrete seawall was rebuilt as a WPA project. It was initiated due to the Red Wing Dam downriver, whose construction had caused the river's water level to rise substantially. The Pavilion was rebuilt as part of the levee project. The Pavilion's trellises were replaced with a solid roof, the steps down to the water were moved to the outside of the structure's footprint, and a drinking fountain was added at the center of the pavilion. The Pavilion was largely left alone in the 1930s and 1940s until it was modernized in the mid-1950s. By 1957, the Pavilion had been enclosed and converted into a park restroom (5, 8). In the 1980s, both the park and the pavilion were showing their age and had generally deteriorated. At that time, the Pavilion was opened up and restored to its 1930s appearance (5, 11). The Lowell Park Renovation Plan of 1992 included design modifications for the Pavilion, including restoration of the grillwork in the foundation wall and a new door opening to accommodate racing shell boat storage in the lower level (89, 90). COLLABORATIVE ❑esignGroup,m,. FINAL REPORT 10 Lowell Park Pavilion Historic Structures Report 03 February 2021 BUILDING HISTORY AND SIGNIFICANCE CDG Project #19078.00 History of Building - Timeline 1910 Land is procured for the development of the water's edge into a park 1913 Seawall constructed 1917 Plans for the park were developed and included a design for the Pavilion 1923 Open-air, wood pavilion is constructed at the waters -edge 1931 Pavilion and concrete seawall are rebuilt. Pavilion retains original design, but adds a roof and a drinking fountain at center of the building 1957 Pavilion is enclosed and converted to park restrooms 1980s 1957 restroom conversion was removed and the Pavilion restored to the 1930s appearance, metal lattice work and hand rails replicated the original wood that was removed during the earlier conversion On -Going The City of Stillwater has been providing on -going maintenance for the Pavilion Character Defining Features The Pavilion's bilateral symmetry, including paired columns at the central mass, is a key aspect of its character. Additionally, the lattice work and projecting, sculptured rafter tails form a distinct Arts and Crafts -type aesthetic. Its location in the midst of the seawall, with steps to the lower -level esplanade, is another important element of its aspect. It should be noted that the rafter tails tie the original open-air pavilion to the current look of the Pavilion. The rafter tails originally formed the ends of the trellis rafters that tied the sides of the Pavilion together structurally. At the time of the original construction there were no roofs. Then in the 1930s when the roofs were added, they were built over the top of the trellis rafters and the rafter tails remained exposed. They are a decorative element that adds aesthetic appeal to the building. Significance of Building In 1992, the historical significance of Stillwater was recognized when the "Stillwater Commercial Historic District" was listed on the National Register of Historic Places (Registration #92000288). The Register recognizes the District in two areas, Commerce and Architecture. The historic district has four "Periods of Significance", beginning in 1850 and ending in 1949, and the primary architectural styles are identified as Italianate, Queen Anne, Richardsonian, Classical Revival and early 20'h century commercial. The district contains 57 buildings, several of which have been individually listed); two contributing structures/sites (Lowell Park and the Sunken Garden); three contributing structures (including the Lowell Park Pavilion and the Lowell Park Levee); one contributing object (the fountain in the sunken garden) which is believed to be in storage with the City of Stillwater; and fourteen noncontributing buildings (6, 7). _. COLLABORATIVE FINAL REPORT 11 Lowell Park Pavilion Historic Structures Report 03 February 2021 BUILDING HISTORY AND SIGNIFICANCE CDG Project #19078.00 As a contributing structure/site, the Pavilion is noted for its Architecture. Built in 1923, it is in the period of significance and designed in the noted styles, the Pavilion brings the Stillwater Commercial Historic District to the water's edge. In addition to the official status on the National Register for Historic Places, Lowell Park and the Pavilion sit within the boundaries of the Stillwater Cultural Landscape District, set in 1999 by "The Cultural Resource Investigation for the St. Croix River Bridge" report (3, 3). Eligible to be listed on the National Register of Historic Places, the City of Stillwater has referred to this district in their 2008 Comprehensive Plan. Additionally, Lowell Park and Pavilion sit within the city's Downtown Stillwater Design Review District (4). C COLLABORATIVE ❑esignGroup, .. FINAL REPORT 12 Lowell Park Pavilion Historic Structures Report 03 February 2021 BUILDING HISTORY AND SIGNIFICANCE CDG Project #19078.00 Seasonal Conditions It is an almost yearly occurrence that the Pavilion and much of Lowell Park is flooded. These pictures are a general representation of the late spring conditions. In the winter, as the St. Croix ices and thaws the Pavilion is pushed and pulled by the water and the ice. These harsh seasonal conditions have taken a toll on the Pavilion. COLLABORATIVE 1)esignGroup, . FINAL REPORT 13 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 ASSESSMENT OBSERVATIONS Process The structural assessment is based on a site visit taken on October 1, 2020. All visible portions of the structure were reviewed including the existing pavilion shade superstructure, the elevated concrete floor slab, and the lower -level concrete foundation walls and stairs. Visual inspection, as well as physical measurement of damaged elements was taken. Our observations are limited to those visual without dismantling components of the building. Rating Scale The following rating system was used in assessing the condition of the building components: • Excellent: The component is new or like new, with no apparent defects. • Good: The building component is able to perform its originally intended function in its current condition. Any defects are minor and do not affect the performance of the building component. Aesthetic concerns are minor. • Fair: The building component is able to perform its originally intended function in its current condition. Defects are limited and require normal repair and upkeep to remedy, but do not presently affect the performance of the building component. Aesthetics are impacted. • Poor: The building component is unable to perform its originally intended function in its current condition. The component has major defects but is repairable. Aesthetics are significantly compromised. • Inadequate: The building component is unable to perform its originally intended function in its current condition and cannot be economically repaired. Replacement of the element is required. C COLLABORATIVE 1)esignGroup, . FINAL REPORT 14 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 1. General view of pavilion looking southeast - Sam Bloomer Way in foreground. Note water level is above esplanade. 2. General view of pavilion looking northeast from Sam Bloomer Way. li[l`l111iii..[ COLLABORATIVE ❑esignGroup, ir,,. FINAL REPORT 15 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS 3. General view - interior of pavilion from center looking north. Note the limited lighting that is not vandal proof. 4. General view - interior of pavilion from center looking south. Note the limited lighting that is not vandal proof. COLLABORATIVE REFERENCE PHOTO h ' ' • , N • r 11 ' . ' •90. • • •-•-• ',as • • •.... • • di • • 4..— • • • 'W.•.•.•• •0 •• r • • - ... . — 1 ., . . -.. . ._ • • 8 • . •._ . Li° -41. ••:••-•.+1•".•:41111111"... ' 3 : .II Pi ,. ii1T:1111111111 1 , . .. ...._, FINAL REPORT 16 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 5. View of interior, Northeast corner. Lattice work and pickets are metal of recent vintage; pillars are of wood. All are painted. General cleaning would be beneficial. This assembly is in good condition. 6. Ibid. COLLABORATIVE 1)esignGroup, . FINAL REPORT 17 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 7. Detail view of base of northeast corner column. Connections of metalwork to column appear solid and intact. This is a good condition. 8. Detail view of the metal lattice connections to column, northeast corner. Some cleaning and paint touchup would be beneficial. This is a good condition. COLLABORATIVE I)esignGroup,in,. FINAL REPORT 18 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 9. Northeast corner at ceiling. Metal lattice work is attached to wood structural members with angles and clips. Wood box siding - type ceiling is in generally good condition. This is a good condition. 10. Wood column cover at east (river) side. This assembly is in good condition. COLLABORATIVE FINAL REPORT 19 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 11. View of upper portion of column and trim at NE riverside. Note nail heads beginning to show rust through paint at column cover. Note wood ledger pieces at metal trim connections. This is a good condition. 12. Oblique view of lower portion of same column. Similar condition of nail heads corroding, showing through paint. Note mitered corners at base trim showing slight gapping. This a good condition. COLLABORATIVE DesignGroupon,. FINAL REPORT 20 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 13. View of NE column - straight on. Note cracking in concrete slab. Metal railing ties into the columns. This is a good condition. 14. Base of riverside center -north column. This is a good condition. COLLABORATIVE I)esignGroup, FINAL REPORT 21 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 15. View of slab edge and railing base at north end. Note open holes in slab left from former bench mounting - these holes should be patched. Note cosmetic cracking in slab. This is a good condition. 16. Broader view of north end and northwest corner. Note slight discoloration of paint at column bases due to immersion. This is a good condition. COLLABORATIVE I )esignGroup, ir,, FINAL REPORT 22 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 17. View of lower portion of north end and northwest corner. Note slight discoloration of paint at column bases due to immersion. This is a good condition. 18. View of upper portion of northwest corner columns and trim. Trim and column tops are in need of cleaning. Overall, this is in good condition. COLLABORATIVE IDesignGroup,.. FINAL REPORT 23 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 19. View of upper metal trim, column, and ceiling at northwest side. Note nail heads beginning to rust through paint at column top. This is a good condition. 20. View of upper metal trim at northwest corner. This is a good condition. COLLABORATIVE I)esignGroup,in,. FINAL REPORT 24 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 21. Column base and slab at west side. Note open holes from former bench mounting. Note discoloration of paint at column bases due to immersion. This is a good condition. 22. Column base, northwest corner. Note cracking of concrete slab. This is in good condition. COLLABORATIVE I )esignGroup, ir,, FINAL REPORT 25 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 23. Base of mid - northwest column. Note cracking of slab and staining due to high water. Column cover is rough but in good condition. Some paint chipping on metal picket rail is observed. This is in good condition. 24. Upper portion of mid -northwest column, showing ceiling. Note some nail heads have rust showing through paint. This is in good condition. f COLLABORATIVE ❑esignGroup, .. FINAL REPORT 26 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 25. View of central section of mid - northwestern column. Note rough finish to wood, and minor chipping / rust on metal trim. This is in good condition. 26. View of upper metal trim panel at mid -northeast location. Note paint on wood members has slightly different color than that of metal lattice trim. This is in good condition. COLLABORATIVE DesignGroupon,. FINAL REPORT 27 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 27. View of mid - northeast columns. Note rough finish of column cover planks. This finish is original to the wood and not due to damage, but it traps dirt and is unsightly. This is a fair condition 28. View of mid - northeast columns. In addition to rough surface of wood, note water staining at column base and minor rust at metal trim. This is a fair condition. COLLABORATIVE 1)esignGroup, . FINAL REPORT 28 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 29. Overall view of mid -northwest column grouping. 30. View of column cover at mid - southeast group, showing rough finish, patching of surface, and paint work. C COLLABORATIVE ❑esignGroup, .. FINAL REPORT 29 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 31. Column at mid - southeast, showing empty junction box with dented cover. This is a fair condition. 32. View of upper metal trim panels showing connection ledgers. Panels have minor rust. This is in good condition. COLLABORATIVE DesignGroupon,. FINAL REPORT 30 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 33. Overall view of mid -northeastern column grouping bases, showing stairway to river esplanade. 34. Detail view of ceiling showing wood box siding with vent holes approximately 16" on center. Note edging at the rim joint has shrunk and separated. The ceiling and vents are in good condition. The wood trim work is in fair condition. C COLLABORATIVE ❑esignGroup,.. FINAL REPORT 31 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 35. View of southeast corner slab and column bases. Note crack in slab. At present this crack is cosmetic but should be monitored. Column bases are stained and have rusting nail heads due to immersion during high water. This is in good condition. 36. View of southern bench location (southwest side). Note cosmetic cracking of slab. This is in good condition. COLLABORATIVE DesignGroupon,. FINAL REPORT 32 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 37. View of slab and column bases at northern side of west (land) stairway. Note scarring on slab from previous equipment mounting. Mounting scar contains remnant expansion bolts, now rusting. Note staining on column bases, and base trim beginning to gap. This is a fair condition. 38. View of top or columns, northwestern group at stairway. Note rough wood finish and gapping at corners now visible. This in good condition. f COLLABORATIVE ❑esignGroup, .. FINAL REPORT 33 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 39. Close up view of rough finish and open joint at column. Paint is intact, but rough surface collects dirt (aesthetic issue). This is a good condition. 40. Overall view, northeast -center column group. COLLABORATIVE 1)esignGroup, . FINAL REPORT 34 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 41. Overall view, northwest -center column group. 42. Overall view, southwest -center column group. COLLABORATIVE : ycsigIlGrollp„„„. FINAL REPORT 35 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 43. Overall view, southeast -center column group. 1 44. View of southwest -central column group, showing rough texture. Note panel box mounted in left column, shown with cover in place. Also, note the temporary electrical extension cords hung from the eaves. The temporary electrical is an inadequate condition. COLLABORATIVE 1)esignGroup, . FINAL REPORT 36 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 45. Electrical panel box. Box shown with cover removed. Cover is not secured (unlocked). Box has been dented and appears to be somewhat loose. Switches are not securable. Box does not appear to be labeled for outdoor use. This is an inadequate condition. 46. Column cover face above electrical panel. Note eroded surface, partially patched with wood putty. Seams in cover planks have opened up. Paint is intact, but rough surface collects dirt and insects. This is a poor condition. C COLLABORATIVE ❑esignGroup,.. FINAL REPORT 37 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 47. Upper portion of center column, southwest -central group. Note eroded/rough surface, collecting dirt due to retention of surface moisture. This is in good condition. 48. Lower portion of center column, southwest -central group. Note eroded/rough surface, collecting dirt due to retention of surface moisture. This is in good condition. COLLABORATIVE 1)esignGroup, . FINAL REPORT 38 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 49. Typical column conditions -joints in cladding visible, rough surface of wood showing through paint, and visible high-water mark. 50. View of beam cladding at SW center column group, looking west. Note rough finish collecting dust and dirt. Some minor gapping at joints is evident. This is a good condition. f COLLABORATIVE ❑esignGroup, ir,,. FINAL REPORT 39 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 51. View of slab scarring at former bench location. Holes should be filled but there are no signs of slab degradation. This is a good condition. 52. View of SW corner column group. Note large crack in slab at outer column. This appears to be cosmetic at present but is large enough to allow freeze -thaw damage and water infiltration. This is a poor condition. COLLABORATIVE I)esignGroup,in,. FINAL REPORT 40 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 53. View of top of SW corner column group. Similar conditions to other columns. This is a good condition. 54. View of south column and slab edge. Note crack in slab. This is a poor condition. COLLABORATIVE I)esignGroup, FINAL REPORT 41 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 55. View of south bench. Note patches from previous installations. These patches appear intact and functional. Slab has N-S cosmetic crack in this area. This is a good condition. 56. View of SE corner. Note crack in slab is intercepting and receiving water. This is a poor condition. COLLABORATIVE I)esignGroup, FINAL REPORT 42 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 57. View of SE group of center columns. Note damage to edge of slab. Columns are in good condition. Slab is in poor condition. 58. Detail view of damaged slab edge from #57. Slab has spalled top 1/2", exposing aggregate. Spall runs under column cladding. This is a poor condition. COLLABORATIVE I )esignGroup, ir,, FINAL REPORT 43 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 59. View of upper NE group of center columns. Columns are in similar condition to others. This is a good condition. 60. View of upper SE group of center columns. Columns are in similar condition to others. This is a good condition. COLLABORATIVE 1)esignGroup, . FINAL REPORT 44 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 61. View of NE exterior of pavilion. Note staining from high water levels. Trim is intact but shows signs of weathering on tops. Note scupper projection in center of trim band. This is a good condition. 62. Close up view of NE trim. Note that soffit is showing weathering and dirt accumulation. At least one soffit panel is in inadequate condition. This is a good condition, other than as noted. COLLABORATIVE DesignGroupon,. FINAL REPORT 45 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 63. View of trim on SE elevation. Similar to NE, trim is intact but weathering at tops. This is a good condition. 64. General view of NE lower level, showing typical spring water level. COLLABORATIVE 1)esignGroup, . FINAL REPORT 46 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 65. General view of stair at west (street) side. Stair steps are in generally good condition. This is a good condition. Note: This staircase abuts a City street. Coordination is needed during stair restoration to ensure the connection between the stair and the step at the City curb meet code. 66. Another general view of the stair at west (street) side. This is a good condition. Note: This staircase abuts a City street. Coordination is needed during stair restoration to ensure the connection between the stair and the step at the City curb meet code. COLLABORATIVE DesignGroupon,. FINAL REPORT 47 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 67. View of cap at north side of stair. Note crack. At present this is cosmetic. This is a good condition. 68. View of central stairs to river. Stairs appear to have been repaired by adding topping on at least two occasions. Original stair material has continued to degrade and is substantially spalling. This is an inadequate condition. COLLABORATIVE DesignGroupon,. FINAL REPORT 48 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 69. Overall view of stair and pier damage. This is in inadequate condition. 70. View of pier at NE shoulder of stairs to lower level. Note horizontal cracking. At present there is no displacement or apparent structural failure at this crack, but spalling / enlargement is spreading and will accelerate. Damage runs around corner and joins up with spalling at stair (see #69). This is an inadequate condition. C COLLABORATIVE ❑esignGroup,.. FINAL REPORT 49 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 71. View of same pier damage as shown photo #70, taken from underside of pavilion. Note that crack extends fully through the pier, and exterior light is visible through the crack. This is in inadequate condition. 72. View of south pier at river side steps. Note horizontal cracking and corner spall similar to adjacent. There is no apparent displacement. While not as advanced as in the pier opposite, this condition should also receive attention. This is an inadequate condition. COLLABORATIVE ❑esignGroup,ir,,. FINAL REPORT 50 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 73. Additional view of pier. Note that cracking turns corner and returns to stair. This is an inadequate condition. 74. View of same pier damage as shown in photo above, taken from underside of pavilion. Note that crack extends fully through the pier, and exterior light is visible through the crack. This is an inadequate condition. C COLLABORATIVE ❑esignGroup,.. FINAL REPORT 51 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 75. Close-up of northwest corner of the foundation wall. Crack runs through top of corner pier. Crack to the right is approximately 4" wide. Portions of wall below the crack are deflected towards the interior of the structure. This is an inadequate condition. 76. Close-up of the northern third of the West foundation wall. Crack runs through the entire wall section at the elevation of the exterior grade. The wall below the crack is deflecting towards the interior of the structure. Portions of the crack have spalled and increased the width of the crack to approximately 4". This is an inadequate condition. COLLABORATIVE DesignGroupon,. FINAL REPORT 52 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 77. Close-up of the center third of the West foundation wall. The crack is roughly the elevation of the exterior grade and is continuous across the entire West foundation wall. The wall below the crack is deflected towards the interior of the structure. This is an inadequate condition. 78. Southern third of the west foundation wall. Prominent crack runs around the foundation at approximately grade level. Crack ranges in size from '/4" to 4" wide. This is an inadequate condition. f COLLABORATIVE ❑esignGroup, .. FINAL REPORT 53 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 79. View of the West foundation wall at the SE corner. A continuous crack, which cuts through the entire wall, is visible at the elevation of the exterior grade. The wall below the crack is deflected towards the interior and portions of the crack are wider where spalling has occurred. This is an inadequate condition. 80. View of the South foundation wall. Cracking is visible at the corners of the window. Also note cracking at the SE corner of the foundation wall — light from the exterior is visible through the crack. The cracking damage at the window is in poor condition. The cracking at the NE corner is in inadequate condition. COLLABORATIVE DesignGroupon,. FINAL REPORT 54 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 81. View of the underside of the pavilion floor slab at the South end. Previous slab repairs are visible, but additional spalling of the original slab has occurred on all sides of the repair. Rusted rebar is visible. This is in poor condition. 82. View of the underside of the pavilion floor slab, in the center portion near the West foundation wall. Rusting of the reinforcement is visible in addition to spalled concrete on either side. This is in poor condition. C COLLABORATIVE ❑esignGroup,ir,,. FINAL REPORT 55 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 83. View of the underside of the pavilion floor slab, in the center portion near the East stair. Rusting of the reinforcement is visible in addition to spalled concrete on either side. This is in poor condition. 84. General view of wood shingled roof. Fire damaged roof in July 2020. This is in an inadequate condition. - l _ • 0, - . . COLLABORATIVE 1)esignGroup, in,. FINAL REPORT 56 Lowell Park Pavilion Historic Structures Report 03 February 2021 ASSESSMENT OBSERVATIONS CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 85. Close-up of wood shingles. Shingles are deteriorated and are no longer providing protection to the structure below. This is in an inadequate condition. 86. General view of ballasted roof, membrane with pea gravel ballast. This is in fair condition. COLLABORATIVE DesignGroupon,. FINAL REPORT 57 Lowell Park Pavilion Historic Structures Report 03 February 2021 CDG Project #19078.00 OBSERVATIONS REFERENCE PHOTO 87. Close-up of ballasted roof at roof scupper. Wood deterioration below indicates possible membrane compromise at this location. This is in poor condition. 88. North stair at the levee wall. Stairs are separated from the side walls and are no longer plumb and square. This is in poor condition. COLLABORATIVE 1)esignGroup, . FINAL REPORT 58 Lowell Park Pavilion Historic Structures Report 03 February 2021 CDG Project #19078.00 89. Close-up of metal grille in foundation wall. This is in poor condition. 90. Close-up of metal gates in foundation wall. There are two sets of gates. This is in poor condition. nip i;111111111111111ii kith Mil I�. _ i NM 1"1 11 "I L' COLLABORATIVE Dcsigt'Group,,,, FINAL REPORT 59 Lowell Park Pavilion Historic Structures Report 03 February 2021 DISCUSSION AND CONCLUSIONS OF BUILDING CONDITIONS CDG Project #19078.00 DISCUSSION AND CONCLUSIONS OF BUILDING CONDITIONS Historic Property Treatment Approach The existing structure known as Lowell Park Pavilion is part of the historic fabric of the City of Stillwater Minnesota. It is tied to the long history of logging in the state as well as the people who took Stillwater from small outcropping to booming logging town and then into the twenty-first century. Given its history, connection to the development of Stillwater and its present condition, this project will be a rehabilitation of the structure, following the Secretary of the Interior's Standards for Rehabilitation of Historic Properties. This approach will allow the retention of features, such as the roofs, that were not part of the original 1923 design, but having been on the Pavilion since the 1930s have gained their own historic prominence. Roof There are two roofing types on the pavilion, two flanking lower flat roofs with membrane with pea -gravel ballast and the center pyramid hip roof with a wooden shake (photos 1 and 2). The roofing at the flanking roofs (photo 86) is in fair condition. There are areas of poor to inadequate condition at/near the scuppers (photo 87). Patching at the flat roofs is not recommended. The membrane and ballast at the flat roofs should be replaced in -kind. The main pyramid hip roof is in inadequate condition. Here the non -original wood shakes are no longer structurally stable. This roof is a fire hazard, as an example in 2020 the Fourth of July fireworks set the very dry and brittle roof on fire (Photo 84). Although a section of shakes is now missing, the fire did not reach the rafters below. With missing shingles, deteriorated shakes and loose shakes there may be damage to the sheathing and the roof structure below (photo 85). The shakes and roof felt should be removed so that a full examination of the sheathing and roof structure can occur. If the sheathing is failing it should be removed and replaced. New roofing felt/membrane should be installed. For fire safety, it may be desirable to use synthetic shakes that match the historic look of the pavilion. MNHS should review roofing materials prior to construction. Due to the configuration of the roofs, it would be advantageous to complete the work at both the shingled and flat roofs at the same time. Pavilion Wooden Structure, with Metal Lattice The pavilion is comprised wood soffits, fascia, ceiling and columns accent by metal lattice and railing work. The wood is in fair to good condition with a few exceptions as noted below. At the roofs fascia the wood is in good condition with small areas of deterioration (photos 59, 61 and 62). _. COLLABORATIVE FINAL REPORT 60 Lowell Park Pavilion Historic Structures Report 03 February 2021 DISCUSSION AND CONCLUSIONS OF BUILDING CONDITIONS CDG Project #19078.00 The soffit is made up of individual panels laid between the decorative rafter tails. Near the scuppers there are three or four soffit panels that have suffered water damage (photo 62), presumably from the roof leaking into the soffit. It is presumed that these few panels will need to be replaced in -kind. At these same locations, the rafter tails have similar indication of water damage. It is presumed that a few of the rafter tails will need to replaced in -kind. The remaining soffit and rafter tails can be repaired with consolidant and other restoration methods. The ceilings are covered with tongue and groove beadboard. They are in good condition with little or no deterioration (photo 34). In order to prevent pest infestation, the small quarter size holes should be filled with consolidant and then painted. There are two column sizes supporting the roofs, 1 1 " square columns support the lower flanking roofs and larger 15" square columns support the center roof. Ceiling height at the flanking spaces is approximately 9'-8" and 12'-8" at the center space. Columns are often under water during the spring rise in the St. Croix River water level. Even with this, the columns are in fair to good condition. Areas of deterioration, located mostly at the base of the columns, should have the structurally unstable material removed and then filled with consolidant. The face of the columns has become rough from scraping and repainting (photos 28, 29, 39 and 46) without fully sanding the surface to a smooth finish. This condition allows for dirt to accumulate on the surface. Although this is mostly an aesthetic issue, if allowed to continue the accumulation of dirt may lead to additional deterioration. When repainting the columns should be scraped, then sanded to a smooth finish before repainting to prevent any further deterioration from dirt and pollution. The metal lattice work and metal railings are in good condition with a few areas of rust beginning to come through the paint (photos 25 and 32). Currently these areas are small and limited. The areas of rust should be sanded down to bare metal and then painted. This should help arrest the continuing growth of the rust. Electrical Currently the electrical panel and wiring are substandard. The panel is not vandal resistant and appears to be rated for interior use (photos 45 and 45). The wiring is of the same vintage as the panel. Due to the age and condition of both the wiring and the panel, this system should be fully replaced. Outlets are no longer used; wiring appears to have been pulled back to the panel (photo 31) and the j-boxes have blank -off covers. Additionally, seasonal lighting is strung at the eaves of the structure (photo 47). This type of lighting is not vandal resistant. Wiring and panel should be upgraded for both fire safety and owner liability. Current lighting fixtures (photos 3 and 4) should be replaced with recessed fixtures that are vandal resistant and that light the interior of the pavilion for safety and security. Lighting on the exterior of the pavilion, for both security and to help tie the pavilion to the city proper and all its seasonal _. COLLABORATIVE FINAL REPORT 61 Lowell Park Pavilion Historic Structures Report 03 February 2021 DISCUSSION AND CONCLUSIONS OF BUILDING CONDITIONS CDG Project #19078.00 activities should be added. This will include running concealed conduit and LED strip lighting at the fascia. Pavilion Foundation, Seawall and Walk The top surface of concrete floor slab of the pavilion is generally in fair condition, but same areas that have cracked are in poor condition. Refer to photos 55 and 56 for examples of cracking within the slab and photo 58 for signs of spalling. Cracking is a regular occurrence with concrete, and this concrete slab appears to be in relatively good condition considering its age. However, cracks such as these should be addressed regularly to maintain the longevity of the structure. Cracks are susceptible to the freeze/thaw cycle in that a crack widens when water freezes and can stay widened once the water thaws and the slab dries. Without regular mitigation, cracks can widen each seasonal cycle to eventually cause other damage, such as spalling of concrete or rusting of the steel reinforcement. Visible cracks on the top surface of the concrete slab should be sealed and the spalled areas of the concrete should be repaired. The underside of the concrete floor slab shows signs of furthered deterioration and is in poor condition. In areas that coincide with cracks on the top surface of the concrete, both rusted steel reinforcement and spalled concrete is visible. Please reference photos 81 through 83 for deterioration on the underside of the slab. As with the cracking on the top of the slab, widened cracks can cause further air and water infiltration, leading to rusting of the embedded steel reinforcement. As the rusted steel expands, pressures on the surface of the concrete increase until spalling occurs. Reference photo 81 shows that one of the deteriorated areas was previously repaired, however further rusting and spalling continues to occur beyond the edges of the repair. This indicates the deterioration of the concrete floor slab is currently ongoing and further repair/mitigation is necessary. The foundation wall supporting both the concrete floor slab and the wooden pavilion shade structure above shows severe signs of deterioration and is in an inadequate condition. A horizontal crack is visible approximately 4'-6" above the lower -level slab and occurs on both the East side (reference photos 69 through 74) and the West side (reference photos 75 through 79) foundation walls. The horizontal crack in the West foundation wall is in a very severe state of deterioration, which includes spalling and movement of the wall towards the interior of the lower -level space. Over time, foundation walls are susceptible cracking as the soil on the exterior side of the wall pushes against the wall initially causing minute horizontal cracking on the interior surface. The freeze/thaw cycle can promote further deterioration, not only by widening the crack as described above, but also by causing the freezing soil on the exterior side to expand and pushing the wall inward. A plumb bob was used to determine that the west foundation wall leans into the lower level by 3/4" to 1-1/2". Generally, thawing of the soil each season does not lessen this deflection, leading to additional movement each year. Note that no steel reinforcement is visible embedded within the concrete wall at the severely cracked locations, which may have led to the initial cracking and propagation experienced by this COLLABORATIVE FINAL REPORT 62 Lowell Park Pavilion Historic Structures Report 03 February 2021 DISCUSSION AND CONCLUSIONS OF BUILDING CONDITIONS CDG Project #19078.00 foundation wall. Also note that the horizontal cracking has extended to the North and South foundation walls, which also both show similar signs of damage. Immediate temporary stabilization of the foundation wall, followed by a scheme to permanently support the pavilion above, is necessary. On the East side of the foundation wall, the horizontal crack has also propagated fully through the concrete walls supporting the wooden pavilion and floor slab. In this case however, the wall above the crack is aligned with the wall below the crack, so it appears no detrimental movement of either element has occurred. This crack is susceptible to the freeze/thaw cycle and a permanent repair of the crack is necessary to prevent further deterioration. f COLLABORATIVE ❑esignGroup, .. FINAL REPORT 63 Lowell Park Pavilion Historic Structures Report 03 February 2021 RECOMMENDATIONS CDG Project #19078.00 RECOMMENDATIONS The recommendation section of this document is a quick reference for on -going maintenance, restoration, and new construction taking place on the site. As with the rest of the document, the overall site has been divided into three sections: roof, pavilion structure, and pavilion foundation, seawall and walk. The spreadsheet lists the item/area being evaluated, the specific concern Priorities and Budget Estimates The level of priority is noted after each recommendation. Each item was evaluated to determine how quickly corrective action should or needs to be taken. Those that need immediate corrective action were ranked with the highest level of priority. LEVEL OF PRIORITY KEY Moderate = Action should be taken immediately = Action should be taken in the next 6-12 months = Action should be taken in the next 12-24 months Monitor this condition, and take action when possible LS COLLABORATIVE 1)esignGroup, . FINAL REPORT 64 Lowell Park Pavilion Historic Structures Report 03 February 2021 RECOMMENDATIONS CDG Project #19078.00 RECOMMENDATIONS AND PRIORITIES Critical Immediate Action High Next 6-12 Months Moderate Next 12-20 Months Low Monitor Selective Demolition - General Partial demolition of edges of spalled area on underside of slab as Concrete Floor Slab required for, and coinciding with, the slab repair scheme. Partial demolition of edges of spalled area on topside of slab as Concrete Floor Slab required for, and coinciding with, the slab repair scheme. concrete each Demolitiontnaf rll teadlledandirr edfor, and projecting stair tread as required for, and coinciding with, the stair Pavilion Stairs tread repair scheme. Flanking Stairs Remove stairs in their entirety Short Term Stabilization - Demolition Foundation wall - Temprarily Shoring Selective removal of limited areas of failing concrete as required for installation of new work Long Term Reconstruction - Demolition Foundation Wall - Reconstruction Selective removal of limited areas of failing concrete as required for installation of new work Construction - General Concrete Floor Slab Repair spelling and rusted reinforcement on the underside of the slab. Seal cracking on the top side of the concrete slab above these locations. Concrete Floor Slab Repair spalled areas at the top edges of the slab. Pavilion Stairs Repair the deteriorated stair treads with new concrete and reinforcement which match the original design. Flanking Stairs Replace in -kind poured -in place reinforced concrete stairs, provide granular fill and tie to adjacent seawalls Short Term Stabilization - Construction Foundation wall - Temprarily Shoring Provide temporary shoring of West foundation wall against potential collapse. Long Term - Construction Foundation Wall - Reconstruction Provide permanent stabilization of existing toundation wall and permanent support of the slab and pavilion structure above. Repair the horizontal cracking at all locations to prevent further deterioration. Maintenance ei-Yearly Yearly Every 2 Years Examine foundations and seawalls and other areas subject to water infiltration X Examine concrete floor slab and East and West stairways of pavilion structure X Examine flanking stairs X COLLABORATIVE 1)esignGroup, irn-. FINAL REPORT 65 Lowell Park Pavilion Historic Structures Report 03 February 2021 RECOMMENDATIONS CDG Project #19078.00 RECOMMENDATIONS AND PRIORITIES - Continued Critical Immediate Action High Next 6-12 Months Moderate Next 12-24 Months Low Monitor Selective Demolition General Scrape existing paint down to stable base, sand smooth Remove limited areas of unstable wood, down to stable wood soffit- Low Roofs plywoodto near roof scuppers. Remove full panels b Remove unstableaftertails, between rafter tails, this location, estimate (3) panels are fully compromised. Rafter Tails Where tails are more than 80% unstable, remove full rafter tail back to structure, estimate (2) rafter tails are fully compromises Metal Trim Sand areas of rust down to bare metal Electrical Remove existing outdated electrical wiring Remove existing outdated electrical panel Construction General Patch areas where material was removed with consolidant, sand smooth Prime wood surfaces Paint wood surfaces, match existing color Prime metal surfaces that have sanded Paint metal surfaces that have been primed Electrical Install upgraded vandal -proof, weathertight electrical panel Run new wiring from upgraded electrical panel to existing electrical Install recessed lighting at pavilion ceiling. Install electrical to facia for future exterior lighting Maintenance ai-Yearly Yearly Every 2 Years Examine column bases, and other areas subject to water infiltration X Remove flaking and failing paint. Sand, prime and paint. X tri COLLABORATIVE 1)esignGroup, ini-. FINAL REPORT 66 Lowell Park Pavilion Historic Structures Report 03 February 2021 RECOMMENDATIONS CDG Project #19078.00 RECOMMENDATIONS AND PRIORITIES - Continued ROOF Critical Immediate Action High Next 6-12 Months Moderate Next 12-24 Months Low Monitor Selective Demolition Shingled Remove existing wood shingles Shingled Remove unstable wood substrate Shingled Remove unstable limited areas roof joists Shingled Remove flashing @ roof eaves Flat Roof Remove, and retain, limited areas of gravel ballasl Flat Roof Remove damaged areas of roofing membrane Flat Roof Remove flashing / scuppers @ roof drains Flat Roof Remove unstable wood trim @ roof drains Construction Shingled Install new marine plywood substrate, limited areas Shingled Install new underlayment Shingled Install new cedar shakes Shingled Repair rafter tails, limited locations Shingled Install new flashing at eaves Shingled Install devirters on the north / south sides Flat Roof Patch membrane with compatiable material Flat Roof Install new flashing at scuppers Flat Roof Install new scuppers and trim Flat Roof Provide additional gravel ballast as required Maintenance Bi-Yearly Yearly Every 2 Years Examine Shingles, replace damaged or deteriorated X Examine Flashing, replace damaged or deteriorated X Examine Flat Roof, patch and repair damaged or deteriorated X C. COLLABORATIVE 1)esignGroup, inl. FINAL REPORT 67 Lowell Park Pavilion Historic Structures Report 03 February 2021 RECOMMENDATIONS CDG Project #19078.00 BUDGET ESTIMATE Footings, Foundation, Seawall Estimated Cost Estimated Square Feet I Linear Feet Budget Estimate Concrete - Footings & Foundations MM. — Repair cracks on top side of pavilion floor slab $35 70 Ln/ Ft $2,450 Repair spalled concrete edges on top side of pavilion floor slab $50 20 Ln/ Ft $1,000 Repair spalled concrete and rusted reinforcement on underside of slab $75 60 Ln/ Ft $4,500 Repair horizontal cracking on all sides of the foundation wall $50 90 Ln/ Ft $4,500 Subtotal $12,450 Concrete - Temorarll Shorin r Footin, s & Foundations Temporarily shore West foundation wall on lower level against potential collapse $90 Sq 375 F $33,75 Concrete - Reconstruction Footings & Foundations Reconstruct West foundation wall on lower level, including permanent replacement and temporary supports for failing West foundation wall $325 SqI375 Ft $121,87 With Temporary Subtotal Shoring $46,200 Subtotal With Reconstruction $134,325 Estimated Cost Estimated Square Feet / Linear Feet Budget Estimate Wood and Metal Structure Strip peeling paint at wood structure down to solid wood, includes sanding entire structure to a smooth finish (does not include abatement of lead paint) $45 Sq/f 300 t $13,500 Remove unstable material, repair and patch with consolidant $60 Ln/ 20 Ft $1,200 Replace in -kind missing or structurally unsound trim $60 Sq/f 20 t $1,200 Prime and paint wood $40 300 Ea $12,000 Sand to bare metal limited areas of rust $45 Ln/ 25 Ft $1,125 Prime and paint metal trim $40 Sq/f 175 t $7,000 Remove electrical panel and pull existing wiring $250 Ea $250 Install upgraded exterior grade, vandal proof electrical panel (existing service remains) $2,500 1 Ea $2,500 Install exterior grade recessed lights in wood ceiling, estimate 16 total $250 16 Ea $4,000 Install conduit and wiring to facia, and exterior LED accent lighting $120 Ln/ 120 Ft $14,400 Subtotal $57,175 Roofs & Flashln Remove existing shingled roof and substrate $15 Sq/f 418 t $6,270 Install shingled roof (fire resistant shingles), including substrate, undedayment and shingles $40 Sq/f 418 1 $16,720 Repair rafter tails $30 Sq/f 25 1 $750 Install diverters, four sides of shingled roof $10 Sq/f 40 1 $400 Replace flat roof membrane, including ballast $20 Sq/f 450 1 $9,000 Remove scuppers at flat roof $25 8 Ea $200 Install scuppers and flashing at flat roof $50 8 Ea $400 Replace flashing in -kind $15 148 In/fl $2,220 Subtotal $35,960 Construction Budget Estimate Total $139,335 Contingency @ 20% of construction costs 0.2 $27, 867 Budgeting Estimate (assume temporarily shoring wall) To. $167,202 COLLABORATIVE DesignGraup,ini. FINAL REPORT 68 Lowell Park Pavilion Historic Structures Report 03 February 2021 RECOMMENDATIONS CDG Project #19078.00 BUDGET ESTIMATE - FUTURE WORK FUTURE WORK - NOT IN SCOPE Pavers Estimated Cost Estimated Square reel Budget Estimate Pavers @ Myrtle Street Remove existing grass and landsc pe on north and south of Myrtle $15 Sgli 500 t $7,500 Install sand cushion $15 SW` 500 t $7,500 Install standard street pavers $45 Stiff 500 1 $22,501 Subtotal $37,500 Pavers Budgeting Estimate $37,500 Lighting =uildine Add historically appropriate path lights along Myrtle at new paver walkway leading to the pavilion. $5 000 4 Ea $20 000 Subtotal $20,000 Lighting Budgeting Estimate $20,000 Signage Interpretive and Directional History of Lowell Park* $3,000 2 Ea $6.000 Map of Lowell Park, note prominent features (pavilion, fountain)' $3,000 4 Ea $12,000 *Price includes concrete pad at each sign Subtotal $18,000 COLLABORATIVE 1)esignGroup,in,. Signage Budgeting Estimate $18,000 FINAL REPORT 69 Lowell Park Pavilion Historic Structures Report 03 February 2021 PLANNING FOR THE FUTURE (NOT IN SCOPE) CDG Project #19078.00 PLANNING FOR THE FUTURE (NOT IN SCOPE) Planning - Connecting the Pavilion to the Park Although not part of the building assessment, it is important to remember that the Pavilion is but one element in the Lowell Park. Many of the elements of the park have been lost over time, which is all the more reason to protect and preserve this structure. Preservation and restoration of the Park elements along with the addition of modern amenities has been an on -going goal of the City of Stillwater. Several studies have been done that both tied Lowell Park to the downtown and talked at length about the revitalization of the whole park. There are three studies of note; "The Renovation of Lowell Park" Sanders Wacker Wehrman Bergly Inc., 1992, "City of Stillwater North Main Street / Lowell Park Plan Update" Short Elliot Hendrickson Inc., 2004 and "North Lowell Park Master Plan" Sanders Wacker Wehrman Bergly Inc., 2012. The reports have several themes in common; restore missing historic elements, add new elements that provide modern amenities and finally tie the length of the park together and to the historic downtown. Historic assessments, like this one, are not intended to be used for planning purposes that are not directly related to the preservation or restoration of a structure. Doing so would be stepping outside MNHS standards and outside MNHS's funding parameters. This section is included for reference only, as a way to allow for integration of the Pavilion restoration into the overall Park revitalization. In the 1992 study, there was discussion of how the involve the community in park restorations by developing a strong volunteer program. Items listed below, in conjunction with layouts developed by a Landscape Architect, are areas where fund raising, and community volunteers could make the revitalization a reality. Pavers and Walkways The studies mentioned above layout varying designs for pavers and sidewalks that tie park elements together. Given the flooding that occurs along the St. Croix River every spring, it would not be recommended to make changes to the river walk or to Sam Bloomer Way. The river walk is historic and in good condition. Work in this area could compromise the Pavilion foundation and the seawall. COLLABORATIVE Design(;rottp,,,,,. FINAL REPORT 70 Lowell Park Pavilion Historic Structures Report 03 February 2021 PLANNING FOR THE FUTURE (NOT IN SCOPE) CDG Project #19078.00 1992 Lowell Park Master Plan. Pavers could be added as walking paths to north and south of Myrtle Street. These paths could connect the pavilion to historic downtown. 2012 Lowell Park Master Plan, enlarged for clarity. This plan increases the number of walking paths leading west from the Pavilion. J 1101111111 11 COLLABORATIVE 1)esignGroup, ire,. PI=rri�.l Qmd.. 1a•re•. j 1 •IIuIMIk r-• IIIIIII I III:•:II !•I t �111111 �'! FINAL REPORT 71 Lowell Park Pavilion Historic Structures Report 03 February 2021 CDG Project #19078.00 Signage Two types of signage would be appropriate for the park; site signage and historic information related to the Pavilion. 1992 Lowell Park Master Plan. This is a simple mock-up of the type of signage that could be used to help visitors navigate the full length of Lowell Park. It could show both existing elements and locations of elements that are long gone. Signage such as this could be place in several locations down the length of the park. nor. CiRnumr.• LOWELL PARK The historic signage could tell the history of the Pavilion, show historic images of the Pavilion from its inception to the present. Placement of the signage should be located at such a distance that the downtown Pavilion elevation could be fully seen. This signage could also, delineate building elements that are part of design and construction of the 1900s. Path Lighting Over the years the Pavilion has come to be a representation of the seasonal activities in Stillwater. As part of this assessment, lighting in and on the Pavilion was evaluated. The path/directional lighting to the pavilion was not addressed as part of the assessment. Future work such as pathways leading to the pavilion will need to address path/directional lighting leading to the pavilion from historic downtown Stillwater. This type of lighting along new pathways will make the Pavilion a destination for all seasons. Pathway lighting will also create a safer environment. COLLABORATIVE DesignGroupon,. FINAL REPORT 72 Lowell Park Pavilion Historic Structures Report 03 February 2021 END NOTES CDG Project #19078.00 END NOTES References 1 "The Saga of the Stillwater Lift Bridge: A Preservation Case Study", Charlene Roise 2 "Secrets in the Landscape, Walking Tour Field Guide for the St. Croix River Crossing Project", MNDOT 3 "The Stillwater Cultural Landscape District", MNDOT report 2011 4 "2008 Comprehensive Plan", Stillwater Downtown Historic Resources 5 "Lowell Park Renovation Plan", City of Stillwater 6 National Register Listing, Stillwater Commercial Historic District, Register #92000288 7 Source sited in the National Register listing report for Stillwater Commercial Historic District Rev. Edward D. Neille, "History of Washington County and the St. Croix Valley: Including the Explorers and the Pioneers of Minnesota. Minneapolis, Minnesota: North Star Publishing Co., 1881, p. 508 f COLLABORATIVE ❑esignGroup,m,. FINAL REPORT 73 Lowell Park Pavilion Historic Structures Report 03 February 2021 APPENDIX CDG Project #19078.00 APPENDIX COLLABORATIVE 1)esignGroup,.. FINAL REPORT 74 Lowell Park Pavilion Historic Structures Report 03 February 2021 APPENDIX CDG Project #19078.00 Technical Drawings Paint Assessment COLLABORATIVE 1)esignGroup, . FINAL REPORT 75 Lowell Park Pavilion Historic Structures Report 03 February 2021 PLANNING FOR THE FUTURE (NOT IN SCOPE) CDG Project #19078.00 PLANNING FOR THE FUTURE (NOT IN SCOPE) Planning - Connecting the Pavilion to the Park Although not part of the building assessment, it is important to remember that the Pavilion is but one element in the Lowell Park. Many of the elements of the park have been lost over time, which is all the more reason to protect and preserve this structure. Preservation and restoration of the Park elements along with the addition of modern amenities has been an on -going goal of the City of Stillwater. Several studies have been done that both tied Lowell Park to the downtown and talked at length about the revitalization of the whole park. There are three studies of note; "The Renovation of Lowell Park" Sanders Wacker Wehrman Bergly Inc., 1992, "City of Stillwater North Main Street / Lowell Park Plan Update" Short Elliot Hendrickson Inc., 2004 and "North Lowell Park Master Plan" Sanders Wacker Wehrman Bergly Inc., 2012. The reports have several themes in common; restore missing historic elements, add new elements that provide modern amenities and finally tie the length of the park together and to the historic downtown. Historic assessments, like this one, are not intended to be used for planning purposes that are not directly related to the preservation or restoration of a structure. Doing so would be stepping outside MNHS standards and outside MNHS's funding parameters. This section is included for reference only, as a way to allow for integration of the Pavilion restoration into the overall Park revitalization. In the 1992 study, there was discussion of how the involve the community in park restorations by developing a strong volunteer program. Items listed below, in conjunction with layouts developed by a Landscape Architect, are areas where fund raising, and community volunteers could make the revitalization a reality. Pavers and Walkways The studies mentioned above layout varying designs for pavers and sidewalks that tie park elements together. Given the flooding that occurs along the St. Croix River every spring, it would not be recommended to make changes to the river walk or to Sam Bloomer Way. The river walk is historic and in good condition. Work in this area could compromise the Pavilion foundation and the seawall. COLLABORATIVE DesignGroup,,,,, Final Report 7r Lowell Park Pavilion Historic Structures Report 03 February 2021 PLANNING FOR THE FUTURE (NOT IN SCOPE) CDG Project #19078.00 1992 Lowell Park Master Plan. Pavers could be added as walking paths to north and south of Myrtle Street. These paths could connect the pavilion to historic downtown. 2012 Lowell Park Master Plan, enlarged for clarity. This plan increases the number of walking paths leading west from the Pavilion. Arum.. Mr Plea Ow fermi tiqalen .....III'• I iiuuniuC COLLABORATIVE l)esignGroup,m, 1••;1JI ,� `i Final Report IlIIIIIIf • I fL111Ell 77 Lowell Park Pavilion Historic Structures Report 03 February 2021 CDG Project #19078.00 Signage Two types of signage would be appropriate for the park; site signage and historic information related to the Pavilion. 1992 Lowell Park Master Plan. This is a simple mock-up of the type of signage that could be used to help visitors navigate the full length of Lowell Park. It could show both existing elements and locations of elements that are long gone. Signage such as this could be place in several locations down the length of the park. ila"-*"7.„*.f—jr„17-'44§1. Si- Craig M1.., GaapALPLen ma m 1"m...ems ni Gx.w.m.r LOWELL PARK J +...�,.... K Prun 14.musle...eaostrus Moss The historic signage could tell the history of the Pavilion, show historic images of the Pavilion from its inception to the present. Placement of the signage should be located at such a distance that the downtown Pavilion elevation could be fully seen. This signage could also, delineate building elements that are part of design and construction of the 1900s. Path Lighting Over the years the Pavilion has come to be a representation of the seasonal activities in Stillwater. As part of this assessment, lighting in and on the Pavilion was evaluated. The path/directional lighting to the pavilion was not addressed as part of the assessment. Future work such as pathways leading to the pavilion will need to address path/directional lighting leading to the pavilion from historic downtown Stillwater. This type of lighting along new pathways will make the Pavilion a destination for all seasons. Pathway lighting will also create a safer environment. COLLABORATIVE l)esignGroup,m, Final Report Lowell Park Pavilion Historic Structures Report 03 February 2021 END NOTES CDG Project #19078.00 END NOTES References 1 "The Saga of the Stillwater Lift Bridge: A Preservation Case Study", Charlene Roise 2 "Secrets in the Landscape, Walking Tour Field Guide for the St. Croix River Crossing Project", MNDOT 3 "The Stillwater Cultural Landscape District", MNDOT report 2011 4 "2008 Comprehensive Plan", Stillwater Downtown Historic Resources 5 "Lowell Park Renovation Plan", City of Stillwater 6 National Register Listing, Stillwater Commerical Historic District, Register #92000288 7 Source sited in the National Register listing report for Stillwater Commercial Historic District Rev. Edward D. Neille, "History of Washington County and the St. Croix Valley: Including the Explorers and the Pioneers of Minnesota. Minneapolis, Minnesota: North Star Publishing Co., 1881, p. 508 COLLABORATIVE i)esignGroup,„„ Final Report 79 Lowell Park Pavilion Historic Structures Report 03 February 2021 APPENDIX CDG Project #19078.00 APPENDIX COLLABORATIVE 1)esignGroup,. Final Report 80 fa SAINT CROIX RIVER ❑ ❑ ❑ D SITE PLAN ❑ ❑ ❑ ❑ LOWELL PARK PAVILLION (SEE SHEET A201) ID ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SAM BLOOMER LJ GENERAL PLAN NOTES: COLLABORATIVE DesignGmup,m.. 125 Main SEeet SE, Suite 2d0 D 812.33238SE vorowzdg.miLco3]�R Lowell Park Pavilion PRELIMINARY NOT FOR CONSTRUCTION Final Rannrt February 3, 2021 !EVASION LOO AO DATE DESDPIAIOX 18078.00 DIA. BE WOO VIECAD DV WON MACE RAWER PROJECT PROCEDE SITE PLAN A100 80OJ2O1. . COLLABORATIVE DesignGmup,m. 125 Main SVeet SE, Suite 2d0 Mlnae.33238S4 81ata 55did 8 vorowzdg.miLco3]�R Lowell Park Pavilion PRELIMINARY NOT FOR CONSTRUCIION Final Report February 3, 2021 PENSION LOG AO. DATE DESCDPIEOD 18078.00 ODA. BY WENT FLOOR PLAN DX MEAD DV A201 r � j I I I I I I 1, I I I I I I I I I I I I I ROOF PLAN GENERAL PLAN NOTES• COLLABORATIVE DesignGmup,m.. 125 Main SVeet SE, Suite 2d0 Mlnne.3323854 81ata 3020 8 vorowzdg.miLco3]�R Lowell Park Pavilion PRELIMINARY NOT Final Report February 3, 2021 REVISION LOG NO. DATE DESINP1.01,1 1807.00 INK XIX DRAWN BY WOX CIIIECNED BY PROJECT INAMCER PROJECT APCIVECT ROOF PLAN A202 WEST ELEVATION EAST ELEVATION :�uI1111 S I 91 SOUTH ELEVATION NORTH ELEVATION COLLABORAT1VE DesignGmup,m. 125 Main SVeet SE, Suite 2d0 Mlnaeaptlls,S4 81ata 3020 Li PRELIMINARY NOT FOR CONSTRUCIION Final Report February 3, 2021 PENSION LOG PO. DATE DES[PP1101,1 1807.00 CIIEONPO BY WON PROJECT APCIVECT ELEVATIONS A300 Paint Assessment Recommendations in this report include removal of existing paint to assist in evaluation of the underlying wood, insure that hazardous materials are no longer present and to allow for the application of new paint that will protect the structure. The Pace Analysis for Hazardous materials, namely lead paint, is included to give a full picture of the site conditions. This information should be included again in the construction documents. ceAnarytical' www. pacelabs.com March 16, 2012 Mark Mason Natural Resource Group 1000 IDS Center 80 South Eighth Street Minneapolis, MN 55402 RE: Project: COS 2010-076 COS Gazebo Pace Project No.: 10184610 Pace Analytical Services, Inc. 1700 Elm Street - Suite 200 Minneapolis, MN 55414 (612)607-1700 Dear Mark Mason: Enclosed are the analytical results for sample(s) received by the laboratory on March 06, 2012. The results relate only to the samples included in this report. Results reported herein conform to the most current TNI standards and the laboratory's Quality Assurance Manual, where applicable, unless otherwise noted in the body of the report. If you have any questions concerning this report, please feel free to contact me. Sincerely, opwe Lori Castille lori.castille@pacelabs.com Project Manager Enclosures cc: Charles Balcerek, Natural Resource Group REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. 1 of10 Page 1 of 8 (/7Yt wwwpacelabs.com Project: COS 2010-076 COS Gazebo Pace Project No.: 10184610 Minnesota Certification IDs 1700 Elm Street SE Suite 200, Minneapolis, MN A2LA Certification #: 2926.01 Alaska Certification #: UST-078 Alaska Certification #MN00064 Arizona Certification #: AZ-0014 Arkansas Certification #: 88-0680 California Certification #: 01155CA EPA Region 8 Certification #: Pace Florida/NELAP Certification #: E87605 Georgia Certification #: 959 Idaho Certification #: MN00064 Illinois Certification #: 200011 Iowa Certification #: 368 Kansas Certification #: E-10167 Louisiana Certification #: 03086 Louisiana Certification #: LA080009 Maine Certification #: 2007029 Maryland Certification #: 322 Michigan DEQ Certification #: 9909 Minnesota Certification #: 027-053-137 CERTIFICATIONS 55414 Mississippi Certification #: Pace Montana Certification #: MT CERT0092 Nevada Certification #: MN_00064 Nebraska Certification #: Pace New Jersey Certification #: MN-002 New Mexico Certification #: Pace New York Certification #: 11647 North Carolina Certification #: 530 North Dakota Certification #: R-036 North Dakota Certification #: R-036A Ohio VAP Certification #: CL101 Oklahoma Certification #: D9921 Oklahoma Certification #: 9507 Oregon Certification #: MN200001 Pennsylvania Certification #: 68-00563 Puerto Rico Certification Tennessee Certification #: 02818 Texas Certification #: T104704192 Washington Certification #: C754 Wisconsin Certification #: 999407970 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. Pace Analytical Services, Inc. 1700 Elm Street - Suite 200 Minneapolis, MN 55414 (612)607-1700 Page 2of8 10184610 2 of 10 ace Analytical ww•Wi paceiabs. earn Project: COS 2010-076 COS Gazebo Pace Project No.: 10184610 Lab ID 10184610001 10184610002 10184610003 Sample ID Loc. 1 Loc. 2 Loc. 3 SAMPLE SUMMARY Matrix Date Collected Date Received Solid Solid Solid 03/05/12 14:15 03/05/12 14:25 03/05/12 14:35 03/06/12 07:30 03/06/12 07:30 03/06/12 07:30 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. Pace Analytical Services, Inc. 1700 Elm Street - Suite 200 Minneapolis, MN 55414 (612)607-1700 Page 3 of 8 10184610 3 of 10 (/eAnaIYticaI wwwpacelabs.com to SAMPLE ANALYTE COUNT Project: COS 2010-076 COS Gazebo Pace Project No.: 10184610 Pace Analytical Services, Inc. 1700 Elm Street - Suite 200 Minneapolis, MN 55414 (612)607-1700 Analytes Lab ID Sample ID Method Analysts Reported 10184610001 Loc. 1 EPA 6010 IP 1 10184610002 Loc. 2 EPA 6010 IP 1 10184610003 Loc. 3 EPA 6010 IP 1 REPORT OF LABORATORY ANALYSIS Page 4 of 8 This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. 10184610 4 of 10 (/7Yt wwwpacelabs.com ANALYTICAL RESULTS Pace Analytical Services, Inc. 1700 Elm Street - Suite 200 Minneapolis, MN 55414 (612)607-1700 Project: COS 2010-076 COS Gazebo Pace Project No.: 10184610 Sample: Loc. 1 Lab ID: 10184610001 Collected: 03/05/12 14:15 Received: 03/06/12 07:30 Matrix: Solid Results reported on a "wet -weight" basis Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual 6010 MET ICP Analytical Method: EPA 6010 Preparation Method: EPA 3050 Lead 189000 mg/kg 13.6 10 03/07/12 09:37 03/07/12 14:55 7439-92-1 Sample: Loc. 2 Lab ID: 10184610002 Collected: 03/05/12 14:25 Received: 03/06/12 07:30 Matrix: Solid Results reported on a "wet -weight" basis Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual 6010 MET ICP Analytical Method: EPA 6010 Preparation Method: EPA 3050 Lead 103000 mg/kg 15.0 10 03/07/12 09:37 03/07/12 15:02 7439-92-1 Sample: Loc. 3 Lab ID: 10184610003 Collected: 03/05/12 14:35 Received: 03/06/12 07:30 Matrix: Solid Results reported on a "wet -weight" basis Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual 6010 MET ICP Analytical Method: EPA 6010 Preparation Method: EPA 3050 Lead Date: 03/16/2012 03:04 PM 188000 mg/kg 14.3 10 03/07/12 09:37 03/07/12 15:08 7439-92-1 REPORT OF LABORATORY ANALYSIS Page 5 of 8 This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. 10184610 5 of 10 (/eAnaIYticaI wwwpacelabs.com QUALITY CONTROL DATA Project: COS 2010-076 COS Gazebo Pace Project No.: 10184610 QC Batch: MPRP/31175 Analysis Method: EPA6010 QC Batch Method: EPA 3050 Analysis Description: 6010 MET Associated Lab Samples: 10184610001, 10184610002, 10184610003 METHOD BLANK: 1150039 Matrix: Solid Associated Lab Samples: 10184610001, 10184610002, 10184610003 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers Lead mg/kg ND 0.29 03/07/12 13:02 LABORATORY CONTROL SAMPLE: 1150040 Parameter Lead Pace Analytical Services, Inc. 1700 Elm Street - Suite 200 Minneapolis, MN 55414 (612)607-1700 Spike LCS LCS % Rec Units Conc. Result % Rec Limits Qualifiers mg/kg 45.5 45.2 99 80-120 MATRIX SPIKE & MATRIX SPIKE DUPLICATE: 1150041 1150042 MS MSD 10184749001 Spike Spike MS MSD MS MSD % Rec Max Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD RPD Qual Lead mg/kg 59.6 56.7 58.3 111 121 91 105 75-125 9 30 Date: 03/16/2012 03:04 PM REPORT OF LABORATORY ANALYSIS Page 6 of 8 This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. 10184610 6 of 10 (/2'Yt wwwpacelabs.com QUALIFIERS Project: COS 2010-076 COS Gazebo Pace Project No.: 10184610 DEFINITIONS Pace Analytical Services, Inc. 1700 Elm Street - Suite 200 Minneapolis, MN 55414 (612)607-1700 DF - Dilution Factor, if reported, represents the factor applied to the reported data due to changes in sample preparation, dilution of the sample aliquot, or moisture content. ND - Not Detected at or above adjusted reporting limit. J - Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit. MDL - Adjusted Method Detection Limit. S - Surrogate 1,2-Diphenylhydrazine (8270 listed analyte) decomposes to Azobenzene. Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate % recovery and RPD values. LCS(D) - Laboratory Control Sample (Duplicate) MS(D) - Matrix Spike (Duplicate) DUP - Sample Duplicate RPD - Relative Percent Difference NC - Not Calculable. SG - Silica Gel - Clean -Up U - Indicates the compound was analyzed for, but not detected. N-Nitrosodiphenylamine decomposes and cannot be separated from Diphenylamine using Method 8270. The result reported for each analyte is a combined concentration. Pace Analytical is TNI accredited. Contact your Pace PM for the current list of accredited analytes. Date: 03/16/2012 03:04 PM REPORT OF LABORATORY ANALYSIS Page 7 of 8 This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. 10184610 7 of 10 (/eAnaIYticaI wwwpacelabs.com to QUALITY CONTROL DATA CROSS REFERENCE TABLE Project: COS 2010-076 COS Gazebo Pace Project No.: 10184610 Pace Analytical Services, Inc. 1700 Elm Street - Suite 200 Minneapolis, MN 55414 (612)607-1700 Analytical Lab ID Sample ID QC Batch Method QC Batch Analytical Method Batch 10184610001 Loc. 1 EPA 3050 MPRP/31175 EPA 6010 ICP/12986 10184610002 Loc. 2 EPA 3050 MPRP/31175 EPA 6010 ICP/12986 10184610003 Loc. 3 EPA 3050 MPRP/31175 EPA 6010 ICP/12986 Date: 03/16/2012 03:04 PM REPORT OF LABORATORY ANALYSIS Page 8 of 8 This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. 10184610 8 of 10 ace Analytical® www.pacelabs.cnm CHAIN -OF -CUSTODY / Analytical Request Document The Chain -of -Custody is a LEGAL DOCUMENT. All relevant fields must be completed accurately. Section A Section B Section C -Required Client Information: Required Project Information: Invoice Information: • Page: I of 1 4 5 0 2 9 9 Rompany: Id „f) .7 rn ``lj Report To: & s' \ Attention: mAf ,• q /l art IQ� �UIGc Adress: W s g �S ,� __� 1Y^��(—'/t\\� Copy To: �i e , 1j 't� ' A f. ��Q4i(��{ � Company Name: r + p. („ !V t�—� / REGULATORY AGENCY O r ' rsA oU `t t f' Y'�+ J S �'TV� 1 c��,}/�_. /�.A.,` i j 'Yl CJA) tJ�4-64C�^'t-J /V!\tJ iL't� `Address: r NPDES I- GROUND WATER r DRINKING r UST r RCRA . r. OTHER WATER Email To: yy�Purchase !' L5 1CiSD�'1 1l% ,-�"� u Order No.: Pace Quote Reference: Pho e: -�7��w,�,��p ax: �� � � �f /`� Project Name: // ^^ /� �p �Q W� C"i't G.l�iry C% Pace Project Manager: %t Co4t, Site Location STATE - 4 ,r �i1 jj .. . Requested D e Date/TAT: Project Number. co D- Ory _ x.K/ Pace Profile #: Requested Analysis Filtered (Y/N) ITEM # Section D Matrix Codes Required Client Information MATRIX / CODE MATRIX CODE (see valid codes to left) SAMPLE TYPE (G=GRAB C=COMP) COLLECTED SAMPLE TEMP AT COLLECTION # OF CONTAINERS Preservatives —y z i Drinking Water DW Water WT Waste Water WW Product P Soil/Solid SL Oil SAMPLE ID Wipe WP (A-Z, 0-9 / ,-) Air AR Sample IDs MUST BE UNIQUE Tissue TS Other OT COMPOSITE START COMPOSITE ENDIGRA6 Unpreserved 1 O _ p _ = INaOH o7 Z Methanol 1 Other 1Analysis Test 1- I 0 �1 I "2 Residual Chlorine (Y/Nj Pace Project No./ Lab I.D. DATE TIME DATE TIME I 1 LOC, , I & 3is11� MIS l I X 10a-6/6/ea° 2 , • )- G( 3�s1 �y ilfa5 i I X i )L0 L5'L s 4 5 6 7 8 9 10 11 12 ADDITIONAL COMMENTS RELINQUISHED BY / AFFILIATION - DATE TIME ACCEPTED BY / AFFILIATION DATE TIME SAMPLE CONDITIONS rj //L/f&3/4 0 ORIGINAL SAMPLER NAME AND SIGNATURE Temp in °C Received on Ice (Y/N) Custody Sealed Cooler (Y/N) m m z c v �f PRINT Name of SAMPLER: r�'� iL.fc�►'m . Le, SIGNATURE of SAMPLER:"if (MM!DDDATE g/YY): 3/S! 'Important Note: By signing this form you are accepting Pace's NET 30 day payment terms and agreeing to late charges of 1.5% per month for any invoices not paid within 30 days. F-ALL-Q-020rev.07, 15-May-2007 aGeAnalyticar Document Name: Sample Condition Upon Receipt Form Revised Date: 15Feb2012 Page 1 of 1 Document Number: F-MN-L-213-rev.02 Issuing Authority: Pace Minnesota Quality Office Sarnple Condition LipOn Receipt Client Name: Project # 70/e9g/O Courier: ❑ Fed Ex ❑ UPS❑ USPS❑ Client Commercial ❑ Pace Others :aitL) Tracking #: Custody Seal on Cooler/Box Present: ❑ yes no Seals intact: ❑ yes ❑ no Packing Material: ❑ Bubble Wrap ❑ Bubble Bags None ❑ Other rr Thermometer Used Q4 Type of ice: Wet Temp Blank: Yes No Blu None ❑ Samples on ice, cooling process has begun Cooler Tem erature I r p // 9 Biological Tissue is Frozen: Yes Comments: No Date and Initials contents: o peen e_� n nfng ��. Temp should be above freezing to 6°C Chain of Custody Present: 'Sites EINo ❑N/A 1. Chain of Custody Filled Out: Yes ONo DN/A 2. Chain of Custody Relinquished: es DNo OwA 3, Sampler Name & Signature on COC: Vies ONo DNA 4. Samples Arrived within Hold Time: *Yes ©No ❑N/A 5, Short Hold Time Analysis (<72hr): El Yes o ❑N/A 6. Rush Turn Around Time Requested: Dyes o ❑N/A 7, Sufficient Volume: t ] es ONo ❑N/A g. Correct Containers Used: -Pace Containers Used: NYes DNo ON/A Cites No ❑N/A g. Containers Intact: Lyres ❑ No ❑N/A 10. Filtered volume received for Dissolved tests ❑Yes DNo 14N/A 11. Sample Labels match COC: _ -Includes date/time/ID/Analysis. Matrix:__ ryes ONo ❑N1A _L. 12. All containers needing acid/base preservation have been checked. Noncompliance are noted in 13. All containers needing preservation are found to be in compliance with EPA recommendation. (HNO3, H2SO4, HCL<2: NaOH >12) Exceptions: VOA.Coliform. TOC. Oil and Grease. WI-ORO (water) ❑Yes ONo I N/A ��`` Ores ONo i#I/A 1' Dyes ONo 13. Samp # HNO3 H2SO4 0 O NaOH HCI 0 l-1 Initial when completed Lot # of added preservative Headspace in VOA Vials ( >6rnm): Oyes FINo /A 14. Trip Blank Present: Trip Blank Custody Seals Present Pace Trip Blank Lot # (if purchased): DYes LJNo N/A ❑Yes DNo /A 15. Client Notification/ Resolution: Person Contacted: Comments/ Resolution: Date/Time: Field Data Required? Y / N Project Manager Review: Date: Note: Whenever there is a discrepancy affecting North Carolina compliance samples, a copy of this form will be sent to the North Carolina DEHNR Certification Office ( i.e out of hold, incorrect preservative, out of temp, incorrect containers) 10184610 10 of 10 DRAFT ORDINANCE AN ORDINANCE ENACTING CHAPTER 52, SECTION 52-19 REGARDING PREDATORY OFFENDERS OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1. ENACTMENT. Chapter 52, Section 52-19 Regarding Predatory Offenders, is hereby enacted: Subd. 1. Findings and Intent. (1) Repeat predatory offenders, predatory offenders who use physical violence, and predatory offenders who prey on children and vulnerable individuals, are predators who present a threat to the public safety. Predatory offenders are likely to use physical violence or force and to repeat their offenses. Most predatory offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. Moreover, predatory offenders often learn and evolve as they commit additional offenses, thereby making detection of their unlawfulness more difficult for authorities. This makes the cost of predatory offender victimization to society at large, while incalculable, clearly exorbitant. (2) It is the intent of this chapter to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city by creating areas around locations where children regularly congregate wherein certain predatory offenders are prohibited from establishing a primary or secondary address. Subd. 2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Designated Sexual Offense. A conviction, commitment under M.S. Ch. 253B, or admission of guilt under oath without adjudication involving any of the following offenses: Minn. Stat. § 609.342, subd. 1(a), (b), (g), (h); § 609.343, subd. 1(a), (b), (g), (h); § 609.344, subd. 1(a), (b), (e), (f0, (g); § 609.345, subd. 1(a), (b), (e), (f), (g); § 609.352; § 617.23, subd. 2(1), subd. 3(1); § 617.246, subd. 2, successor statutes, or a similar offense from another state. (2) Designated Offender. Any person who (1) is required to register as a predatory offender under Minn. Stat. § 243.166, (2) is assigned at Risk Level II or Risk Level III under Minn. Stat. § 244.052, subd. 3, and (3) has been convicted of a designated sexual offense, regardless of whether the adjudication has been withheld. (3) Primary Address. The mailing address of the person's dwelling. If the mailing address is different from the actual location of the dwelling, primary address also includes the physical location of the dwelling described with as much specificity as possible. (4) Secondary Address. The mailing address of any place where the person regularly or occasionally stays overnight when not staying at the person's primary address. If the mailing address is different from the actual location of the place, secondary address also includes the physical location of the place described with as much specificity as possible. However, the location of a supervised publicly or privately - operated shelter or facility designated to provide temporary living accommodations for homeless individuals as defined in M.S. § 116L.361, subd. 5, does not constitute a secondary address. Subd. 3. Residence Prohibition; Penalties; Exceptions. (1) Prohibited location of residence. It is unlawful for any designated offender to establish a primary address or secondary address within 1,200 of any of the following places: (a) Public or private school; or (b) Licensed child care facilities. (2) Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, or wearing an Easter bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no non -familial children are present, are exempt from this division. (3) Measurement of distance. (a) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the primary address or secondary address to the nearest outer property line of the places identified in division (A). (b) The City Clerk shall maintain an official map showing prohibited locations as defined by this chapter. The Clerk shall update the map at least annually to reflect any changes in the location of prohibited zones. (4) Penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor or administrative citation and shall be punished as provided in this code. Each day a person maintains a residence in violation of this chapter constitutes a separate violation. (5) Exceptions. A designated offender residing within a prohibited area as described in division (1) of this section does not commit a violation of this section if any of the following applies: (a) The person established the primary address or secondary address and reported and registered the residence pursuant to M.S. §§ 243.166, 243.167, or successor statute, prior to December 18, 2016. (b) The person was a minor when he/she committed the offense and was not convicted as an adult. (c) The person is a minor. (d) The school or licensed child care facility within 1,200 of the person's primary address or secondary address was opened after the person established the primary address or secondary address and reported and registered the residence pursuant to M.S. §§ 243.166 or 243.167. (e) The residence is also the primary address and secondary address of the person's parents, grandparents, adult children, or spouse. Subd. 4. Renting Real Property; Penalties. (1) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a primary address or secondary address by any person prohibited from establishing such primary address or secondary address pursuant to this chapter, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone described in § 97.03(A) of this chapter. (2) A property owner's failure to comply with provisions of this section shall constitute a violation of this section. (3) If a property owner discovers or is informed that a tenant is a designated offender after signing a lease or otherwise agreeing to let the offender reside on the property, the owner or property manager may evict the offender. SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: This ordinance establishes restrictions regarding where certain predatory offenders may reside and specifically prohibits them from living within 1,200 feet of a school or daycare. SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this day of , 2020. Publish: Stillwater Gazette — Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Predatory offender zones Schools - 1,200' zone Child Care Centers - 1,200' zone Family Child Care - 1,200' zone July 7, 2020 LEVANDER, GILLEN & MILLER, P.A. ATTORNEYS AT LAW MEMO TIMOTHY J KUNTZ ANGELA M LUTZ AMANN KORINE L. LAND DONALD L- HOEFT BRIDGET McCAULEY NASON PETER G. MIKHAIL SCOTT M LUCAS DAVID L. SIENKO TONA T DOVE AARON S. PRICE CASSANDRA C WOLFGRAM CASSANDRA J BAUTISTA AMANDA J. JOHNSON SEAN E FROELICH CHRISTOPHER J. KRADLE TO: The Honorable Ted Kozlowski & Members of the Stillwater City Council FROM: Kori Land, City Attorney DATE: April 30, 2021 RE: Terra Springs BACKGROUND: To provide some historical background,' the Minnesota Territorial Prison, later the Minnesota State Prison, was a prison in operation from 1853 to 1914 on certain property in Stillwater now occupied by the Terra Springs development. Construction of the prison began in 1851, shortly after Minnesota became a territory. The prison was eventually replaced by the Minnesota Correctional Facility — Stillwater in Bayport. Most of the original prison's structures were demolished in 1936, leaving only the 1853 Warden's House and a manual labor complex that had been constructed 1884-1898. The surviving factory buildings were listed on the National Register of Historic Places in 1982 for having state -level significance in the themes of industry and social history. Prisoners continued making twine at the old site into the 1970s, when the factory buildings were finally sold off. A dairy company operated out of the buildings for decades. The property was ultimately sold to the city of Stillwater in 1996. There were hopes to convert the buildings into a hotel and conference center, but those plans fell through and the complex stood vacant. In 2002 a set of developers was poised to renovate the site into apartments and condominiums. However, on September 3, 2002, the three-story factory and a one-story warehouse were destroyed in a massive arson fire. Though the factory had a brick veneer, both buildings had internal wood frames. Despite the fire, redevelopment plans for the site proceeded. In 2003 the $2.1 million sale was finalized for the construction of the Terra Springs condominium complex. I The sources for the historical narrative is from the Internet, sprinkled with some confirmation of events from the MN Historical Society, so while some facts have been verified, not all of the information may be completely accurate. For the purposes of the memo, truly accurate historical data is not relevant, but the background may be helpful for the current Council to understand the context for which a prior Council believed the history to be important. 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA 55075 • 651-451-1831 • FAX 651-450-7384 OFFICE ALSO LOCATED IN SPOONER, WISCONSIN DISCUSSION: On August 19, 2003, the City entered into a "Contract for Private Redevelopment" with Territorial Springs, LLC ("Developer") (the "Original Agreement") which provided for the development of the Terra Springs property, including the requirement that the Developer provide future public easements for sidewalks, park and trail features to recognize the historical significance of the property. The Developer's obligations under the Original Agreement run with the land and thus bind the owners of the property in Terra Springs. (Original Agreement, section 11.3.1.) This Original Agreement was amended by the "Amended and Restated Contract for Private Redevelopment" on July 19, 2016 (the "Amended Agreement"). The Amended Agreement supersedes and replaces the prior development agreement and provides as follows: Easement Rights: Section 4.1.1, labelled "Redeveloper's Responsibility," states that the Redeveloper is to "finalize an access and maintenance agreement for all ... sidewalks within the plat" of Terra Springs, and "must ... grant to the public reasonable access to designated park and trail features on the site, provided that the public access does not unreasonably interfere with private ownership within the site, or does not become a public or private nuisance." Park Maintenance Fund: The Restated Agreement defines a Park Maintenance Fund as the "deposit made ... for extraordinary repairs and improvements of the public access areas ...." (Restated Agreement, Section 1.1.13.) The easements were never prepared but the Park Maintenance Fund was established and has an approximate fund balance of $132,621.2 Specifics about how the release of the funds occur were not restated in the Amended Agreement, however, the Original Agreement stated that the City would administer the funds, which were not to be used for ongoing maintenance. Attached as Exhibit A is the Terra Springs Plat. The City owns Outlot B, which includes the bluff and the retaining wall that surrounds development. The City has a duty to maintain, repair and replace the wall. Although its value as a "prison wall" has ceased, it still serves as a functioning retaining wall for Terra Springs and surrounding properties. The aerial photo (Exhibit B) shows the outline of Outlot B in blue. The retaining wall is visible in certain areas within Outlot B. The Developer constructed sidewalks, trails and a reflective pond within the other lots of the development. (see Exhibit C photographs) Wall Maintenance Easement: For the City's maintenance obligations of the wall, the City will require an easement over Outlot A (driveway and parking areas) and will need additional easements across portions of Lot 1, 2 and 3, Block 2 in order to access all areas of the wall. The City can use some of the existing sidewalk/trail to gain access for maintenance of the wall, however, the current condition of the sidewalk/trail will not withstand the weight of the City's equipment and will need to be upgraded and improved. The City can use the Park Maintenance Fund for the improvements, however given the project, the current balance of the funds will not 2 The original amount placed in the fund by the Developer was $125,000. 2 be sufficient. The estimated cost of the improvement project is $400,000.00. The City has $577,210 in its park dedication funds which can be used for new projects such as this one (park dedication funds cannot be used for ongoing maintenance), but the funding source is ultimately a decision by the Council. Sidewalks/Trails Easement: For the public easement for the sidewalk, trails and reflective pond, the City could require an easement over Outlot A and additional easements over different portions of the other lots, as the trail wanders throughout the development. The City would need to engage a surveyor to define the easement areas for both easements. While the first easement (for the wall) is necessary, the sidewalk/trail easement is a requirement the City could reconsider. It is clear that at the time of approval of the project, there was contemplation that the public easements for sidewalks, trails, and open space were intended to be an offset for park dedication fees (see Exhibit D — Resolution 2003-139 and it is also stated in the Original Agreement). Given the close proximity of a portion of the sidewalks to the buildings, it may make sense for the Council to revisit some or all of this requirement. If the City were to modify the public easement condition, perhaps a combination of easement plus park dedication fees could be required. The current monetary value of park dedication fees for 227 residential units is $454,000, but that does not include the commercial fee component of the development. RECOMMENDATIONS: 1. Wall Maintenance Easement: a. Engage a surveyor to define the permanent access easement so that the City can conduct maintenance activities for the wall. We will then prepare the necessary easement documents for recording. b. Determine funding sources and timing of construction to upgrade the sidewalks/trails to withstand the City's equipment. 2. Sidewalk/Trail easement: Discuss if this easement is still desired. a. If yes: Engage a surveyor to define the easement areas for public access to and over some or all of the sidewalks/trails and reflective pond. We will then prepare the necessary easement documents for recording. b. If no: Determine appropriate park dedication fees (if any) and authorize the preparation of an amendment to the Development Agreement to remove this public easement requirement. 3 EXHIBIT A TERRA SPRINGS PLAT CITY OF STILLWATER COPY C) e g nest & Street 0 O 100[S 10I0l BY�It OM MLln[ Y011ldl A.011410) 1111 RASE W MAIO i1ml* N511*. W1A 910.1 OOIXNS[ O MOMS I/O I. N911AS u01N1111 1010 1N ifaleAL MAIN A00100 Am, *SOD NV A RAM CO IN9lfD ti.LD141 NS Ii9111•, U11Ftt 910N 00®A9. • 001083 Nql R[ 90nMEY11 f(JI, 9a Alt IMAM AS 91001 0N)ISA. Sr INS SCOW TWA 0 M Bf00R0 AS AA O 10.AIO0AS AVM MOM NCINITY MAP SEC. 28, T3ON, R2OW I 4 y N7 —281 IL#t• Sl L_ s" } LLN TERRA SPRINGS I II 1 I Rock k Sii I AR i 1 1 R�. 1 S,'.'iiuI.E.NdURG'S 58B•54�21"M � 3 � � 149.93- Nr0 u 00 0 00+ /01' I 1 ' O 1�Otuftw.l9..I tits :ifI 21 S88'84' 1E Y 4 o L '• d49 RS 4 888'44'11"8 Lim AA a Nei f w co,. rat 6 • • — tors IbAn•e 1'1l tone, OUTLOT B BLOCK TWO LOT TWO J! ; irtL_ SnA ;>• in, EA, 54,01 A'S9YM';3•E ill 4 LOT ONE t %01 r1'ack nvui; rv'0 Su:x Mon., 01*02l East a..;��\ LOT THREE i,Jly 104 A OUTLOT A Folz, Freeman, Erickson, Inc. FEE 1 LAND PUNNING •a4l SURVEYR,G TTTTT ENOINELRWG S6AMEMOI ALMINUTE, S1DLWATER,140,352 Pink (658 e98)3 Fa 1681141.9331 94Et. miens "41441- T.ke. LOT ONE BLOCK THREE 4'hh /Sjp1.1, A nnITlnn i rIUUi ! IJl v - try�1 i N 31� LOT ONE BLOCK ONE 64 �,y�S ti d,BI '.. sa p,.z+ 00410 1�;41 111 y4 1,47;36 ofnl:Qty)E .+ n1' \ 1rOa' rn'tlt !° - I G0 j11- 1_• ?1tJi eNis nPA n trA t'' /r .11 1 p, 0 OP, p'oS` I 4 A •�8 l NS s1 Y� • 41i�' 0. l © 1 mi 1 x V s'ie• _" I W I I EsI I 1 1 TERRA SPRINGS Sheet 2 or 2 Sheets A EXHIBIT B AERIAL PHOTO (OUTLOT B) B EXHIBIT C PROPERTY PHOTOS C-2 EXHIBIT C PROPERTY PHOTOS : " •.;.; ' ,.. . . t,•• ' . N • - # - t ' ' o •,' •-• t • .2•11:4 . Ili • k• - 1, ,'•• " - I IP:hr•;• ' ' .14 ' ',, ..,.. • t AL,' N .''i jr".(.1 11,, •••• a-- 'Y i'190;gara:4rii1, ". k k' •.A. / 4. i i ... i-,\ fr 1 - a...".ir a01,4i.vor4.44- " • , "•••#,,, f• ao • •• - 1, •1 -.01r" , ./ „ it .,, , 04 ' 1, 1 e .i. :fi 1 k ' '‘1,1 , 1." , %. 11 C , . `; • ‘'' • • %A :, • • f • 71-41-4 a .i. C-3 EXHIBIT C PROPERTY PHOTOS C-4 EXHIBIT C PROPERTY PHOTOS lb e iifil I I1II.1IIlI1WI ■�rtif.- +...tlitttu..,.., lillilik11,1M M.1 riltiti � � HtilpFl . 1 1ji 111611111 nisi 111 1,Ip.; IA/ ig, 11/ iii C-5 C-6 EXHIBIT D RESOLUTION 2003-139 RESOLUTION 2003-139 APPROVING PRELIMINARY AND FINAL PLAT FOR SEVEN (7) LOT SUBDIVISION LOCATED AT 608 NORTH MAIN STREET (CASE NO. SUB-F/03-56) WHEREAS, the proposed preliminary and final plat request is a follow-up and implements the concept Terra Springs Planned Unit Development approval from the City Council at their meeting of June 3, 2003. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota, hereby approves the request for preliminary and final plat for seven (7) lot subdivision located at 608 North Main Street with the following conditions: 1. Utilities, trails and public open space easements shall be provided as needed by the engineering and community development director. 2. The street plan shall be modified to meet the fire chiefs conditions of approval. 3. The interpretative center, trail, archeological green shall be provided in lieu of park dedication. 4. All utility plans shall be reviewed and approved by the city engineer Adopted by Council this 17th day of June 2003. Jay L. imble, Mayor Attest: Diane F_ Ward, City Clerk T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to leiPte# leftwatt Oct 12 vecvo of 6ettuice a menitteit of the Downtown .1)a,thing CommiJo ion and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: May 4, 2021 T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Je4dd " "J2eggie„ J(xa&wdi 5o4 owex 12 geavo of w efuwice aa mem1 ex of the .7(e' tage J ftes e'watiou Co mmb & iwt and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: May 4, 2021 T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to £awwzce £Pwwicta Jot 3 %2 geWL6 of , e wice a3 a nwinfteii of the Muntati Nights ettlittlib oic�� and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: May 4, 2021 T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Sand* Sne,thnau Jon oueex 2v gewt of 4 e>uu ke aa membeii of the ?wdc �641Z and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: May 4, 2021 T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to .Mic�raee Jocou 5a412 %2 gem/3 of 6 etauce co a nu n i of the [Naming CommiJoion and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: May 4, 2021 T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Cth £auen 5'c4 OWL 9 gem/3 of 6 extuice aa nu,n1eft c( the [Nanning CommiJoion and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: May 4, 2021 T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Stan JI/W(e4 Jot 5 geaxo of we}take a memtett of the J'rafflc Saletti [Review Committee and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: May 4, 2021 Cite of titttuater, Aturte5ota PROCLAMATION WHEREAS, six students from Stillwater Area High School competed in the NASA sponsored3-(uman Exploration Rover Challenge (originally calledthe Great Moonbuggy Race), an engineering design challenge for students that is aligned with the NASA .Artemis mission to return and explore the moon. Teams in this competition followed rigorous engineering methods to create their two person rover, while meeting pre -defined specifications provided by NASA and intended to travel over rough terrain found outside of our planet; and WHEREAS, the Stillwater Rover Team consists of Senior Ben .Abbott; Juniors .Addle ,Foote and 'Vincent Ramirez; Sophomore Jocelyn McBride; and Freshmen James Daum and Ethan Foote, guided by Coach Tina "Walski. Since last October, hundreds of hours were spent as they researched vehicle frames, drive trains, steering, suspension, and wheel construction. They created computer aided design blueprints andincluded key engineering analysis on safety and hazard mitigation. They gathered local -financial and material donations to fund the rover materials. They built the rover, tested, andmod fled it as needed, and WHEREAS, The finished 4-wheeled rover is about 8 feet long and 4 feet wide; has four- wheel independent suspension, custom-built carbon fiber wheels, and a unique pinion steering mechanism. The rover was tested and the results were videoed and sent to NASA for review, along with the entire designpacket; and WHEREAS, This year there were 86 teams representing 8 countries in the competition; and due to CO`VID restrictions, the teams hadto demonstrate capabilities remotely from their home locations, in lieu of the standard obstacle course in .Alabama; and WHEREAS, The Stillwater Rover Team's design was recognized by NASA with the Ingenuity .Award due to its unique creativity, as well as end Place .Award for High School entrants. NOW THEREFORE, I, Ted3Cozlowski, .Mayor of the City of Stillwater, do hereby proclaim the May 6th as Stillwater Rover Team Day. i IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of I Stillwater to be affixed this this 4th day of May, 2021. I ..:. 0• ST 1 LL ',.'• ' th 1:. -Z-'ziC7 ----> . I i y"` r .wlayor i'i' �'' ►►111111tttt 11 1 4/28/2021 We represent New Heights School, located at: 614 West Mulberry St. Stillwater, MN-2 Blocks West of City Hall. We are here to propose forging a new and pioneering partnership with the City of Stillwater: This potential partnership would be formed to co -renovate the playground area located on the east side of the Washington facility. 1 4/28/2021 New Heights School and the City of Stillwater partnered on a similar project nearly 20 years ago, but things have changed, and the community would greatly benefit from this proposal. We originally partnered to erect a new playground structure at the Washington Facility -which at the time was leased by New Heights School from the Stillwater School District. The City of Stillwater co -funded the new structure in conjunction with funds privately raised by a parent committee related to New Heights School. 2 4/28/2021 One of the conditions was that if New Heights School's lease was discontinued for any reason, the city would still have rights to the play equipment so that it could be relocated if needed. New Heights School, through a partnership with a non-profit partner, recently purchased the Washington facility from Stillwater Area Schools, thus ensuring an indefinite stay in the community. 3 4/28/2021 New Heights School has formed a relationship with the Madison Claire Foundation and Flagship Recreation for the express purpose of renovating the space behind the school (east side) to create an all- inclusive play space. An Inclusive Playground is designed to allow disabled children and adults access to the play area alongside their non -disabled peers, classmates or family members. This design also supports children with various disabilities, including those with Autism and ADHD challenges. 4 4/28/2021 Help Build A Playground For Everyone New Heights School is working to bring the first inclusive playground to the Stillwater area to serve the needs of students with special needs and the under- privileged population. The mission of New Heights School is to inspire and challenge each individual to reach his or her full potential. An it Playground is an environment that allows everyone, regardless of ability, the opportunity to play. This invalveS creating a rich sensory environment that ollows the child to develop physically. socially. and emotionally. An Inclusive Playground Includes: • Rubber playground flooring for wheelchair and walker occessibilily. • Romps That provide access to 0II play decks • Accessible swings and ground level play components • Features with small space enclosures specially developed for children who may need a play space away from the action. • Sensory rich ploy equipment specially designed for sensory development. DONATE TODAY www.a ive mn.oro fora anizati0n /New-HciOtsh -Schoo.: There are no Inclusive Playgrounds anywhere in the local community, at least not anything to the level we are proposing. • Madison's Place is an ideal example -located in Woodbury at the HealthEast Sports Complex. • Cottage Grove has a facility which they partnered to construct in a similar fashion to what we are proposing. 5 4/28/2021 • T.MA"7"7" Madison Place Playground Woodbury, MN MADISON'S PLACE People who visit: • Out of town guests/tourists • Children with disabilities • Adults with disabilities • Parent Groups / Parent Disability Groups • Schools and Daycares • East Ridge High School -Woodbury Special Education Department • Average weekly day 300-500 visitors per day - with summer and weekends numbers even higher r • �Where Every Child Can Play. 11. Madison s • Place» 6 4/28/2021 We believe Stillwater may want to consider this opportunity for the following reasons: • It demonstrates that the city believes all community members and visitors should have safe, equitable play spaces and green areas to access. • It would be beneficial to many as it will save the taxpayers, the city, and the school money by partnering. We would share the costs and responsibility. • It comes to the city as a potential partnership rather than having to fully -fund, organize, construct, and maintain a new one alone. • It demonstrates and emphasizes the pioneering spirit embraced by both Stillwater and New Heights School. • Stillwater was host of the first public school district in MN, and New Heights School was the first K-12 Charter School in MN. Both are pioneering efforts! 1 1 ' \► 1 M / / 7 4/28/2021 Please watch a brief CGI Fly -over rendition of our proposed project -followed by your chance to ask us any questions about this opportunity. 8 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 20, 2021 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 7:00 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 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 - Stillwater High School Wrestler Hunter Lyden Mayor Kozlowski read a Proclamation recognizing the accomplishments of Hunter Lyden, a member of the Stillwater Area High School Boys Wrestling Team. Proclamation - Stillwater High School Wrestler Roman Rogotzke Mayor Kozlowski read a proclamation recognizing the accomplishments of Roman Rogotzke, a member of the Stillwater Area High School Boys Wrestling Team. OPEN FORUM Sam Hall spoke in support of allowing skateboarding downtown. STAFF REPORTS Police Chief Mueller provided updates on the weekend march and protest, which had no issues with safety or property; services for the homeless; dementia/mental health awareness stickers; and recognized the front office staff. Mayor Kozlowski and the Councilmembers thanked Chief Mueller and the Department for their professionalism in difficult situations. Fire Chief Glaser stated that county, state and local public safety departments in the mutual aid response network are ready to respond to events if needed. City Council Meeting April 20, 2021 City Clerk Wolf reminded the Council of the Open Book meetings for property owners with questions about their taxes, April 21 & 22 at the Washington County Government Center. City Administrator McCarty presented the City's 2020 Annual Report. He reported that recruitment for the Community Development Director position is underway. CONSENT AGENDA April 6, 2021 regular and recessed meeting minutes Payment of Bills 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 2021-13) Ordinance No. 1164, an Ordinance Amending the Charter of the City of Stillwater, Article 15, General Provisions Ordinance No. 1165, 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 Opera on the River 2021 Event Resolution 2021-054, Approving 2021 Compensation Adjustments for City of Stillwater Temporary Seasonal Maintenance Worker I Resolution 2021-055, Approving 2021 Compensation Adjustments for City of Stillwater Temporary Seasonal Parking Lot Attendant Resolution 2021-056, Resolution Approving Amendment to Liquor License for Additional Temporary Outdoor License Premises Training Room Projector Purchase Request Veterans Memorial Day 2021 Event Councilmember Junker asked for clarification on the request from Ziggy's (Resolution 2021- 056) for a liquor license amendment for additional temporary outdoor premises; and Public Works Director Sanders responded that section of Chestnut Street, from Union Alley to Main Street, will be closed until the end of October. Community Development Director Turnblad added that the street is not marked well for individual stalls, so the request is for the equivalent of three stalls or about 64 feet. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS 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 Page 2 of 5 City Council Meeting April 20, 2021 proposed residential building in the Central Business Height Overlay Historic District at 200 Chestnut St E. Mayor Kozlowski announced that this application is tabled to the May 4, 2021 meeting. Temporary Outdoor Sales Permit for No -Neck Tony's with Amendment to Liquor License Community Development Director Turnblad explained that No -Neck Tony's, 223 E Myrtle Street, has applied for a permit for the use of two on -street parking spaces in front of their business. This is one less space than requested last summer. Due to the volume of traffic, including many 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, and recommends denial of the permit. However, if the Council believes that with appropriate precautions a parklet would be safe, staff would recommend conditions requiring jersey barriers and reflective material. Councilmember Junker stated he likes the plan to use one less space, provided he hears more about safety measures for the east and west ends of the area. Mayor Kozlowski acknowledged that last year, Tony was largely responsible for working with the Chamber and Council to make these parklets happen. Due to traffic volumes, traffic is rarely going very fast at this location. He appreciates staff's concern and recommendation for denial, but feels the parklet can be done safely. Councilmember Collins asked if there were any incidents there last year; and Police Chief Mueller answered that he had not heard of any specific incidents there. Mayor Kozlowski suggested adding a condition that the barriers be attractive. Councilmember Polehna indicated that he received complaints last year about No -Neck Tony's serving on sidewalks and playing music. They need to abide by all the rules and not generate any complaints this year. Mayor Kozlowski pointed out that any of these permits may be revoked if there are violations. The City is doing everything possible to help businesses, but the businesses should not take advantage of that. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2021-057, Resolution Approving Amendment to Liquor License for Additional Temporary Outdoor License Premises, with the two staff -recommended conditions, adding a third condition that the barriers be made to look attractive. All in favor. NEW BUSINESS St Croix Boat & Packet Dock Permit Renewal Mr. Turnblad stated that St. Croix Boat & Packet Company's annual dock permit fee is normally $1,700 for each of the six excursion boats, totaling $10,200. Though COVID-19 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 negatively impact passenger counts this season, staff recommends reducing the dock permit fee this year by 50%, or $850 per boat, totaling $5,100. Page 3 of 5 City Council Meeting April 20, 2021 Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2021-058, Resolution Approving Lease of Dock Space from St. Croix Boat & Packet, with the recommended fee reduction. All in favor. Award Contract for Operational Review of IT City Administrator McCarty explained that the City's Strategic Plan includes an objective to Develop Organizational Excellence. In furtherance of that goal, the City Council included funding in the 2021 budget to complete an operational review of the Information Technology Division. A Request for Proposals (RFP) was issued in March. The staff committee unanimously recommends award of the contract to True North Consulting, as this firm most closely met all the standards, conditions and evaluation criteria in the RFP. The base cost of the study is $24,850, which is within the budgeted appropriation. The anticipated timeline for completion is approximately three months. Councilmember Odebrecht commended staff for a good solid process. Councilmember Junker asked if other clients were contacted who used True North; and Mr. McCarty answered that they were not contacted directly, but True North has performed a number of these reviews with other communities around the metro. Staff can contact some of those other clients, and if there are any anomalies, staff will inform the Council. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2021-059, Approving Proposal and Awarding Contract for City of Stillwater Operational Review Of Information Technology Division to True North Consulting. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna informed the Council that, due to shipping from China, fireworks will not be available for the Fourth of July from our current vendor. The Human Rights Award nomination forms are on the City web site and due May 31. The Yellow Ribbon Committee is coordinating services to finish landscaping a service member's home in Lake Elmo. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adjourn. The meeting was adjourned at 7:52 p.m. Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk Resolution 2021-054, Approving 2021 Compensation Adjustments for City of Stillwater Temporary Seasonal Maintenance Worker I Resolution 2021-055, Approving 2021 Compensation Adjustments for City of Stillwater Temporary Seasonal Parking Lot Attendant Page 4 of 5 City Council Meeting April 20, 2021 Resolution 2021-056, Resolution Approving Amendment to Liquor License for Additional Temporary Outdoor License Premises Resolution 2021-057, Resolution Approving Amend to Liquor License for Additional Temporary Outdoor License Premises Resolution 2021-058, Resolution Approving Lease of Dock Space from St. Croix Boat & Packet Resolution 2021-059, Approving Proposal and Awarding Contract for City of Stillwater Operational Review Of Information Technology Division to True North Consulting 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 2021-13) Ordinance No. 1164, an Ordinance Amending the Charter of the City of Stillwater, Article 15, General Provisions Ordinance No. 1165, 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 Page 5 of 5 Page 1 CITY OF STILLWATER LIST OF BILLS Advance Auto Parts Advantage Police Supply Air Science USA AMI Consulting Engineers PA Ancom Communication Inc. Aspen Mills AT&T Mobility Bryan Rock Products Inc. CDW Government Inc. Century Link Cintas Corporation Coca-Cola Distribution Comcast Corval Constructors County Materials Corporation Cub Foods Dakota County Technical College Derrick Building Solutions ECM Publishers Emergency Automotive Friendt Chase Gertens Wholesale Golden Expert Services Goodyear Commercial Tire Granicus Inc Guardian Supply ICMA IIMC IState Truck Center Jaytech Inc Jefferson Fire and Safety Inc. Jordan Joel Lake Country Door LLC Lawson Products League of MN Cities Lindstrom Solar LLC Lone Oak Companies Inc Madden Galanter Hansen LLP Mansfield Oil Company Marshall Electric Company Menards Metropolitan Council Metropolitan Mechanical Contractors MHSRC/Range Miller Excavating Minnesota Sodding Company MN Historical Society Equipment repair supplies Comtac demo units Filters Stillwater Riverbank Stabilization MCD Deskset Wall Mount Kits Uniforms - Weldon Cell phone Ball field ag lime iPad case Telephone Uniforms & mat cleaning service Beverages for concessions TV Internet & Voice Equipment repair supplies Repair supplies Pop & water Training Refund WAC fee charged in error Public Hearing Publications New squad build Reimburse for Supplies Fertilizer Janitor Service Tires Qtrly web streaming service Uniforms & supplies Membership Membership Equipment repair charges Chlorine Helmet Reimburse for work boots Remotes and reset of doors Equipment repair supplies MN Cities Stormwater Coalition Contributions Solar Energy Utility Bill Processing Labor Relations Services Fuel Electrician services Supplies Permit fee Maintenance agreement Training 1409 Lookout Hydrant Replacement Millbrook Lacrosse Reimbursement of grant monies not used 149.06 500.00 1,112.55 1,620.00 63.00 213.62 67.88 1,446.65 102.59 472.20 1,015.77 547.34 786.91 570.49 103.00 37.53 500.00 1,000.00 337.25 2,232.30 184.95 1,734.00 3,700.00 271.00 1,984.40 4,052.84 1,282.50 175.00 297.92 126.95 653.73 72.00 399.00 233.38 2,178.82 7,492.56 1,730.70 702.00 4,627.11 411.00 2,101.09 425.00 3,154.69 1,190.00 8,184.93 687.97 10.00 Northern Tool Office Depot Otis Elevator Company Overhead Door Co Performance Plus LLC Pollard Water Quill Corporation Rehn Code Consulting Services Safe Fast Inc Salotto II William Sherwin Williams Simplifile LC Stillwater Medical Group Tessman Seed Co. St. Paul TKDA Tri-State Bobcat Uline Inc Valley Trophy Inc. Waldron Compnay Wasche Commercial Finishes Washington County Assessment & Taxation Washington County Sheriffs Office Xcel Energy Zacks Inc. LIBRARY Amazon Business Baker and Taylor Blackstone Audio Brodart Co Cintas Corporation Eckles Joanna Watson Johnson Controls Fire Protection LP Koegel Christian M Mee Alisa Menards Midwest Tape Minnesota Native Landscapes Paper Roll Products Rendell Norah Uline Inc Washington County Library Equipment repair supplies Office supplies Elevator Contract Annual preventive maint Drug screen Delivery fee Office supplies Plan Review Rain gear Refund Variance Paint Filing fees Medical eval Ballfield supplies Well # 9 Generator Supplies Supplies Name plates Professional services Equipment repair supplies Special Assessment Billing 2021 MFF Insurance Energy Wood broom handle Materials Materials Materials Materials Towels & Rugs Programs - Adult Panel Update Cataloging/Processing Programs -Juv Janitorial Supplies Materials Programs Receipt Paper Programs - Juv Janitorial Supplies Reimbursements Page 2 690.00 358.11 5,769.24 1,275.00 45.00 14.60 237.14 3,603.28 205.72 225.00 547.25 300.00 96.00 753.30 221.62 58.25 1,304.64 35.00 2,683.40 846.00 5,109.00 833.30 34,371.16 40.31 542.86 18.50 99.53 2,798.15 163.51 150.00 2,850.60 182.00 175.00 18.12 216.19 290.00 188.70 75.00 298.92 982.03 illwates Administration Memorandum TO: Mayor & City Council FROM: Beth Wolf, City Clerk DATE: April 28, 2021 RE: Boards & Commission Reappointments and Vacancies Several commissions had 2 or more members whose terms end May 1, 2021. Staff published the openings and applications were received. Zoom interviews were conducted by the Chair and Council Member Representative for each of the commissions. The recommendations to fill the commission appointments are as follows: Downtown Parking Commission Three terms ended and two members, Christopher LePage and Heidi McAllister are recommended for reappointment. Jeffrey Johnson did not wish reappointment therefore a vacancy is being published. Member Ward Term Term Ending Christopher LePage 2 1st Full May 1, 2024 Heidi McAllister 2 2nd May 1, 2024 Heritage Preservation Commission Two terms ended and one member, Brian Larson is recommended for reappointment. Reggie Krakowski did not wish reappointment therefore a new member, Paul Holmes is recommended to fill the appointment. Member Ward Term Term Ending Brian Larson 2 4th May 1, 2024 Paul Holmes 2 1st May 1, 2024 Human Rights Commission Two terms ended and one member, Melissa May is recommended for reappointment. Larry Panciera did not wish reappointment. This commission has had a seat open for several years in hopes to have a student serve on the board. Last year the seat was filled with a new commission member since no student was appointed. Again this year, the commission recommends to fill the student seat with a new commission member Heidi Presslein. Member Ward Term Term Ending Melissa May 2 4th May 1, 2024 Heidi Presslein 1 1st May 1, 2024 Parks & Recreation Commission Three terms ended and one member, Scott Christensen is recommended for reappointment. The other members, Linda Amrein resigned in March and Sandy Snellman did not wish reappointment therefore two new members, Dan Macswain and Tom Weidner are recommended to fill the appointments. Member Ward Term Term Ending Scott Christensen 2 5th May 1, 2024 Dan Macswain 4 1st May 1, 2024 Tom Weidner 3 1st May 1, 2024 Planning Commission Two terms ended and both members, Mike Kocon and Chris Lauer did not wish reappointment therefore two new members, Eric Hoffman and Carla Knippenberg are recommended to fill the appointments. Member Ward Term Term Ending Eric Hoffman 3 1st May 1, 2024 Carla Knippenberg 4 1st May 1, 2024 Traffic Safety Review Committee One term ended and Jon Bailer is recommended for reappointment. One member, Stan Miller resigned therefore a vacancy is being published. Member Ward Term Term Ending Jon Baller 2 2nd May 1, 2024 ACTION REQUIRED If Council agrees with the recommendations, they should pass a motion to approve the appointments to the Downtown Parking Commission, Heritage Preservation Commission, Human Rights Commission, Parks & Recreation Commission, Planning Commission, and the Traffic Safety Review Committee. MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: April 28, 2021 Re: Active Living Project Agreement DISCUSSION In working with Sustainable Stillwater, to make our downtown area more bicycle friendly, the City applied for a grant through Community Active Living under the Statewide Health Improvement Partnership (SHIP) with the assistance from Washington County. The City's submittal included installing bicycle parking areas in three locations in the downtown area; Myrtle and Main, Nelson and Main, and the South Lowell Park bathroom. The estimated cost of the parking areas with racks is $5661. This past month, Washington County has informed us that we received a grant in in the amount of $5000 for the bicycle parking areas. The grant requires a 10% match from the City, which we will meet by staff time for installation of the parking areas. In order to proceed the grant, the County has sent over a Service Contract Grant for approval. RECOMMENDATION Staff recommends that Council approve the Service Contract for the downtown bicycle parking areas, ACTION REQUIRED If council agrees with the recommendation, they should pass a motion approving the Service Contract the SHIP Grant Washington ounty SERVICE CONTRACT Date April 26, 2021 Vendor Name City of Stillwater Address 216 North 4th Street, Stillwater, MN 55082 Sco e of Service CONTRACT NO DEPT. Public Health & Environment Cost $5,000. Vendor shall address the Community Active Living/Master Planning strategy as covered under the Statewide Health Improvement Partnership (SHIP) grant for Washington County by the Minnesota Department of Health (MDH) funding as well as perform the duties set forth in this agreement and in Attachment A at a cost set forth in Attachment A. 1. Term of Agreement The term of this agreement shall be from dale of final signature through 10/31/21. 2. Indemnification Notwithstanding any other provision to the contrary, the contractor agrees to indemnify, defend and hold harmless the County, its officers, employees and agents for any and all claims arising out of the contractors activities related to the services provided under this agreement 3. Insurance Requirements The Contractor/Consultant agrees that in order to protect itself, under the indemnity provisions set forth above, it will at all times during the term of this agreement keep in force policies of insurance providing the following checked -off liabilities, in an amount equal to the County's liability limits set forth in Minnesota Statute Chapter 466 and the workers compensation requirements in Minn Stat Chapter 176 The Contractor/Consultant agrees as a condition subsequent to increase the required insurance coverage as the liability limits in section 466 04 increase Nothing in this Agreement shall constitute a waiver by the County of any statutory limits upon liability Prior to the effective date of this Agreement, the ContractorNendor/Consultant will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this agreement. This certificate of insurance shall be on file with the County throughout the term of the agreement As a condition subsequent to this agreement, ContractorNendor/Consultant shall insure that the certificate of insurance provided to the County yell at all times be current The parties agree that failure by the ContractorNendor/Consultant to maintain a current certificate of insurance with the County shall be a substantial breach of the contract and payments on the contract shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the contract is provided to the County Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the County General Liability ❑ Professional Liability ❑ Automobile Liability ® Worker's Compensation (if applicable) ❑ Hired/Non-Owned Liability ❑ Insurance Requirements Waived, except for Worker's Compensation 4. Data Privacy All data collected, created, received, maintained or disseminated for any purpose by the activities of the contractor, because of this agreement shall be govemed by the Minnesota Government Data Practices Act, Minnesota Statues Chapter 13 (Act), as amended and the Rules implementing the Act now in force or as amended The contractor is subject to the requirements of the Act and Rules and must comply with those requirements as if it is a governmental entity The remedies contained in section 13 08 of the Act shall apply to the contractor 5. Record Disclosures/Monitoring Pursuant to Minn Statute 16C 05, Subd 5, the books, records, documents and accounting procedures and practices of the contractor relevant to the contract are subject to examination by the County, and either the legislative auditor or the state auditor, as appropriate The contractor agrees to maintain and make available these records for a period of six years from the date of termination of this agreement 6. Nondiscrimination The provisions of Minn, Stat 181 59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein, and shall be part of any Agreement entered into by the parties with any contractor, subcontractor, or material suppliers 7. Com p1 iance with Law The contractor shall abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted insofar as they relate to the contractor's performance of the provisions of this agreement. 8. Firearms Prohibited Unless specifically required by the terms of this contract, no provider of services pursuant to this contract, including but not limited to employees, agents or subcontractors of the Vendor or Contractor (depending upon which term is used) shall carry or possess a firearm on County premises orwhile acting on behalf of Washington County pursuant to the terms of this agreement Violation of this provision shall be considered a substantial breach of the agreement; and, in addition to any other remedy available to the County under law or equity Violation of this provision is grounds for immediate suspension or termination of this agreement 9. Independent Contractor Parties agree that the vendor is acting as an independent contractor under this agreement 10.Condition Subsequent - This Agreement may be cancelled by the Vendor or the County at any time, with or without cause, upon thirty (30) days written notice to the other party In the event of such a cancellation, the Vendor shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. a. It is understood and agreed to by the parties that payments by the County to the Vendor under this Agreement are dependent upon reimbursements to the County from state or federal sources. The parties agree, therefore, that reimbursement to the County from the state and/or federal government for this program is a condition subsequent of this agreement; and, if state and/or federal reimbursement is not obtained or continued or is decreased by any amount, the County may terminate this Agreement by giving the Vendor thirty (30) day notice of termination. b. If the Agreement is terminated because of the occurrence of the aforementioned condition subsequent, the Vendor shall only be entitled to the actual cost of the services rendered up to the date of termination c. In instances where state and/or federal reimbursements are decreased for this program, the parties may negotiate a decrease in the amount of services provided in the Agreement. The parties agree that the County's decision not to terminate shall be sufficient consideration for any modification of the Agreement. 11.The Countv's Duties 1. Provide technical assistance and grant over site. 2 Work with MDH to finalize a yearly work plan and budget 3 Perform the activities approved in the work plan for the selected strategies 4. Participate in site visits and grant reconciliation processes with MDH. 5 Participate in regularly scheduled calls and meetings with MDH community specialists 6 Participate in MDH sponsored technical assistance calls, webinars, site visits, and trainings. 7. Attend MDH sponsored conferences, meetings and in -person trainings 8. Comply with MDH product approval outlined in the Communications Guidance and Materials document 9 Allow MDH and others to use any products or materials produced with SHIP funds 10 Participate in all required evaluation activities as outlined in the SHIP Application 11. Complete progress and evaluation reports on a quarterly basis 12. Adhere to the financial and lobbying requirements provided in the MDH agreement with the Department 13 Orientate vendor organizations to SHIP grant requirements. 14 Determine a regular (at a minimum monthly) communication schedule with Vendor for questions and progress reports 15. Schedule a site visit with Vendor during the implementation phase of partner project. 16 Demonstrate the ability to address health equity in the work plan according to the standards and guidelines provided by MDH. 12. The Vendor's Duties 1 Submit monthly invoices to the County for payment of services rendered 2 Act in a fiscally -responsible manner, including following standard accounting procedures, charging the SHIP grant only for the activities stated in the grant agreement, spending grant funds responsibly, properly accounting for how the grant funds are spent, maintaining financial records to support expenditures billed to the grant and meeting audit requirements. 3 Participate in MDH or County sponsored technical assistance calls, webinars, site visits, and trainings when appropriate for specific contracted services 4 Comply with the MDH product approval outlined in the communications guidance and materials document. 5 Allow MDH, the County and others to use any products or materials produced with SHIP funds 6 Assist the County with data collection in order to complete and submit monthly and quarterly reports 7. Determine a regular (at a minimum monthly) communication schedule with County for questions and progress reports 8. Assist the County by providing grant summary or other information requested by MDH for incorporation into state level reports. 9 Work with Department on approval for any work plan or budget changes 10. At appropriate times meet with the Community Leadership Team or local partnership groups in order to gather information or report out progress 13.Subcontractinq and Assignment The contractor shall not enter into any subcontract for performance of any services contemplated under this agreement nor novate or assign any interest in the agreement without the prior written approval of the county Any assignment or novation may be made subject to such conditions and provisions as the county may impose The contractor is responsible for the performance of all subcontractors Washington County Vendor Title Director Date Title Date Approved as to form: /S/ Stuart Campbell Asst. County Attorney LivingXealthy -s ATTACHMENT A - ACTIVE LIVING AND MASTER PLANNING PARTNER PROJECT 2021 Organization: City of Stillwater Contact: Mike Polehna Business Agent: Shawn Sanders Address: 216 North Fourth Street Address: 216 North Fourth Street City: Stillwater Zip Code: 55082 City: Stillwater 55082 E-mail: mpolehna@ci.stillwater.mn.us E-mail: ssanders@ci.stillwater.mn.us Phone: 651-303-7569 Phone: 651-430-8835 Potential number of community members impacted by this project: 200,000 Federal Tax ID: 41-6005566 Date: March 8, 2021 Has your organization ever received LHWC-SHIP funding? ® Yes ❑ No PROJECT DESCRIPTION Project Description: The city of Stillwater is collaborating with sustainable Stillwater to create our downtown area to be more bicycle friendly by installing bike parking areas. Bicycling is becoming more and popular and is activity that all ages enjoy whether for recreation or exercise. With the recent addition of the Browns Creek Trail and the St. Croix Loop trail. The city has observed the increase in activity. Bicyclists come to the city to enjoy the riverfront park, but the city needs adequate bicycle parking. This project would create bicycle parking in three different locations in the downtown area for bike trail users to safely and securely store their bikes, while recreating in the city. How will you sustain the project/initiative or policy beyond SHIP funding? The city of Stillwater is committed to add amenities to the existing trail experience. Providing safe bicycle parking is step in the city becoming a bicycle friendly city. If you need assistance due to disability or language barrier please call 651-430-6001 (TTY 651-430-6246) AN EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYEE 12/20 ,If� . 4 E 7 It77777 - :... -. _. Specific Activities Proposed Activities that will lead to expected outcames Expected Outcomes: What are the expected results or outcomes for the specific activities listed on the left? What is measurable as a result of the activity? How many individuals or organizations do you expect to reach through this activity Completion Date for Activity: Budget Provide a budget for each activity and description of haw those funds will be used. Order and install 3 bike racks in the downtown area according to the attached plan Provide safe and secure bike parking to complement the growing interest in biking the trails in and around the Stillwater area including the Gateway, Brown's Creek, and the St Croix Loop Trails. This will promote more active transportation downtown and supports the application to be recognized as a Bicycle Friendly Community. July 2021 $5660.91 for bike racks Labor to install as in -kind $1875.00 Develop promotional communications to showcase the biking amenities in the Stillwater area. Using Newsletter, website and social media. Create momentum/interest in downtown Stillwater by appealing to the biking community in the St Croix Valley, east metro and surrounding areas. August 2021 In -kind Memorandum of Understanding: • By completing this action plan and signing the County service contract we agree that any equipment purchased with Statewide Health Improvement Program (SHIP) funding will be used for the intended purpose of this action plan for the Life of the equipment. SHIP funds cannot be used for installation, maintenance or replacement of equipment. • Partners are expected to spend at least 50% of contracted funds by July 31, 2021 to allow for implementation and evaluation of action plan items as is required by the grant. • Project lead will complete invoices and reimbursement forms while ensuring action plan activities are being completed. • Project lead will participate in informal monthly check -ins, one site visit and complete the Final Evaluation Report by October, 2021. TOTAL AMOUNT REQUESTED: If you need assistance due to disability or language barrier please call 651-430-6001 (TTY 651-430-6246) AN EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYEE 12/20 $5,000 Applicants must provide a 10 percent match of the total funding amount being requested. Please summarize in -kind contributions or other funding sources below. Must include dollar amounts. (i.e. staff time, supplies, equipment, etc.): 10% Match Required: The city's public works department will install the bike racks and borders at the three locations Estimated labor cost is $1875. See attached cost estimate The City will also pay the remaining costs needed to complete the project and promote these new trail amenities via social media. Total in -kind contributions: $1875 For questions contact Kim Ball at 651-430-4040 or im.ball@co.washington.mn.us FOR MDH OFFICE USE ONLY ❑Reviewed by Community Specialist ❑Approved ❑Denied ❑Needs Follow-up: Click here to enter text. If you need assistance due to disability or language barrier please call 651-430-6001 (TTY 651-430-6246) AN EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYEE 12/20 BY DATE REVISIONS { Oltv. • V f #1 1 MYRTLE AND MAIN ST NELSON AND MAIN ST ITEM DESIGN 0 20 40 I Feet BIKE RACK LOCATIONS 4.01) BIKE RACK DETAIL 5 HOOPS (HEAVY DUTY STEEL, BLACK) YELLOW WHEEL STOPS (2) YELLOW DELINEATORS (2) SOUTH LOWELL PARK BIKE RACK LOCATIONS INSTALL 4" CONCRETE PAD NO DELINEATORS OR WHEEL STOPS Various Streets DATE illwates Administration To: Mayor & City Council From: Jason Grode, Parks Superintendent Date: May 4, 2021 Re: 2021 Cruisin' on the Croix Event Attached is the application and contract for the 2021 Cruisin' on the Croix car show event along with their COVID Preparedness Plan. The proposed vintage and hot rod car show would be held from 3 p.m. to 8 p.m. on every other Wednesday evening from June 9 to September 15, 2021, for a total of 8 dates. The event organizer has requested to use the same spaces that were approved in 2019: the back section of Municipal Parking Lot 8B (53 Spaces), Lot 9 (30 Spaces), and Lot 11 (45 Spaces for a total of 128 parking spaces. The Downtown Parking Commission reviewed the request at their March 18 meeting and recommends the use of parking lots 8B, 9 and 11. The event organizer shall be charged for city services, materials rendered and parking spaces used according to the 2021 fee schedule and payment shall be received by the City no later than three (3) weeks before the Event. They have requested the use of one electrical box in Lot 9 for a cost of $20 each day per event or $160 total. As for parking costs, at a cost of $192 for 128 spaces per event, the season total for the 8 events would be $1,536. The event total would be $1,696.00. ACTION REQUIRED: If Council wishes to approve the event, they should pass a motion approving the 2021 Cruisin' on the Croix Event and Contract. CRUISIN' ON THE CROIX 2020 CAR SHOW EVENT THIS AGREEMENT between the City of Stillwater, Washington County, Minnesota ("City"), in conjunction with the 2021 Stillwater Cruisin' on the St. Croix Car Show part of a community wide celebration of the City (the "Event"); and Cruisin' on the Croix, 1906 Greeley St S, Stillwater, MN 55082, Nonprofit Corporation (Domestic) ("Organizer"). 1. Car Show. The City has encouraged this hot rod and vintage car show in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. The Organizer will not make substantial changes in the layout/format/duration of the Event at any time without advanced notice to the City. 2. Dates and Hours of 2021 Event. Operations are limited as follows: • Event Dates: Wednesday June 9 & 23, July 7 & 21, August 4 & 18, September 1 & 15 • Set-up time on event dates: 6 a.m. to 1 p.m. • Event hours on event dates: 3 p.m. to 8 p.m. • Clean-up on event dates: 8 p.m. to 9 p.m. 3. Event/Alcohol. No alcohol will be served during this Event and no other alcohol or coolers are allowed. No alcohol may be consumed or served on the back patio of Maple Island Brewery as that portion is not part of the licensed premises of Maple Island Brewery. 4. Signs. The Organization will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the parking lots. 5. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 6. Police Power. The City reserves the right to order a shutdown of the Area in the Event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. In that Event, the Organization must assist the police in the clearing of the Area. 7. Use of Parking Lots. The Organizer is aware and will inform all vendors and event participants that staking into the asphalt, etc. is not allowed (any damage repair will be paid for by the organizer). The Organizer agrees to pay for the use of parking lot spaces as determined by the Downtown Parking Commission and City Council. No on - street parking to be used. The Event is given use of the following parking lots/spaces: • Parking Lots 9 (30 Spaces), 11 (45 Spaces) and 8B (53 spaces). 8. City Costs. The Organizer will prepay the City for the estimated costs of the Stillwater Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing shall be received by the City no later three (3) weeks before the Event. Failure to make the payment will result in the cancellation of the Event. In the event of a cancellation of this Event after the deposit is made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 9. Park Property. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works toilets to augment the existing facilities, barricades for parking lot closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. • City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security and supervision for the restrooms. If the Event Organizer does not have the work force to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer's intent on maintaining the City restrooms. • Barricade/Reserved Sign Placement. The Organizer will arrange with the Stillwater Police Department, prior to each event, for placement of the Reserved Parking Signs in parking lots (if needed) and shall place reflective standard barricades no later than 6:00 a.m. on Event Dates at the approved parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure or parking spaces reserved for the Event. • Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. • Electricity and Water. Each electrical box needed for the Event will be opened by the City on the Event Dates. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. The City shall provide the Organizer a key for the water shut off valve (if needed). The Organizer shall provide a $50 deposit for such key and will be reimbursed upon return of said key. • Cleanup/Removal. Organizer shall remove all barricades by 10:00 p.m. the day of each event. Organizer shall remove trash, additional trash enclosures no later than 10:00 a.m. the next day following each Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 12. Vendors. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. • The Organizer agrees that the Stillwater Fire Department and Washington County Department of Health and Environment will inspect any vendor using cooking facilities for safety. The Event Organizer agrees to pay directly to the agency/person doing the inspection for inspection costs (if any). • The Organizer agrees to ensure that all vendors wastewater be discharged into a holding tank approved by Washington County Department of Health and Environment. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. 13. Insurance, Hold Harmless, and Indemnity. The Event Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Event Organizer also agrees to provide to the City evidence of insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Festival that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." Insurance Certificate must be received by the City no later than three (3) weeks before the Event. 14. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this 4th day of May 2021. ATTEST: CITY OF STILLWATER Ted Kozlowski, Its Mayor Beth Wolf, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2021 by Ted Kozlowski, Mayor and Beth Wolf, Clerk, for the City of Stillwater. Notary Public CRUSIN' ON THE CROIX By Parker Shook, President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2021, by Parker Shook, President, the duly authorized agent for CRUSIN' ON THE CROIX. Notary Public COVID-19 Preparedness Plan for Cruisin' on the Croix Cruisin' on the Croix is committed to providing a safe and healthy workplace for all our workers [and customers, clients, patrons, guests and visitors]. To ensure we have a safe and healthy workplace, Cruisin' on the Croix has developed the following COVID-19 Preparedness Plan in response to the COVID-19 pandemic. Managers and workers are all responsible for implementing this plan. Our goal is to mitigate the potential for transmission of COVID-19 in our workplaces and communities, and that requires full cooperation among our workers and management. Only through this cooperative effort can we establish and maintain the safety and health of all persons in our workplaces. The COVID-19 Preparedness Plan is administered by Parker Shook, who maintains the overall authority and responsibility for the plan. However, management and workers are equally responsible for supporting, implementing, complying with and providing recommendations to further improve all aspects of this COVID-19 Preparedness Plan. Cruisin' on the Croix's managers and supervisors have our full support in enforcing the provisions of this plan. Our workers are our most important assets. Cruisin' on the Croix is serious about safety and health and protecting our workers. Worker involvement is essential in developing and implementing a successful COVID-19 Preparedness Plan. Cruisin' on the Croix'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-19, Minnesota Occupational Safety and Health Administration (MNOSHA) statutes, rules and standards, and Minnesota's relevant and current executive orders. It addresses: • ensuring sick workers stay home and prompt identification and isolation of sick persons; • social distancing — workers must be at least six -feet apart; • worker hygiene and source controls, including face coverings; • workplace building and ventilation protocol; • workplace cleaning and disinfection protocol; • drop-off, pick-up and delivery practices and protocol; and • communications and training practices and protocol. Cruisin' on the Croix has reviewed and incorporated the industry guidance applicable to our business provided by the state of Minnesota for the development of this plan. Ensure sick workers stay home and prompt identification and isolation of sick persons Workers have been informed of and encouraged to self -monitor for signs and symptoms of COVID-19. The following policies and procedures are being implemented to assess workers' health status prior to entering the workplace and for workers to report when they are sick or experiencing symptoms. There is only one employee that works for the this non-profit. So there is no need to report any health issues to supervisors. Cruisin' on the Croix has implemented leave policies that promote workers staying at home when they are sick, when household members are sick, or when required by a health care provider to isolate or quarantine themselves or a member of their household. There is no sick leave because there are no actual hours for work. The only time work is happening is at events. Accommodations for workers with underlying medical conditions or who have household members with underlying health conditions have been implemented. Cruisin' on the Croix has also implemented a policy for informing workers if they have been exposed to a person with COVID-19 at their workplace and requiring them to quarantine for the required amount of time. There is only one employee. There is no need to inform others of being exposed to Covid-19 Social distancing — Workers must be at least six -feet apart Social distancing of at least six feet will be implemented and maintained between workers and all others in the workplace through the following engineering and administrative controls: There is only one employee that doesn't meet with any guests or visitors. Our events take place outside where the only manned station has an individual wearing a mask. There are 2 different spaces divided by a street. All entrances/drive ways will be guarded by a person or have a physical barrier barring entrance. As the space is actually an open-air parking lot. The perimeter will be marked with rope. Lot 11 has an approximate area of 12,800. Per the "stay safe guidance" calculator that equals 113 people. Lot 9/8b has an approximate area of 42,281. Per the "stay safe guidance" calculator that equals 374 people. Vehicles park as they normally would in any other parking lot. Worker hygiene and source controls Basic infection prevention measures are being implemented at our workplaces at all times. Workers are instructed to wash their hands for at least 20 seconds with soap and water frequently throughout the day, but especially at the beginning and end of their shift, prior to any mealtimes and after using the restroom. Hand-sanitizer dispensers (that use sanitizers of greater than 60% alcohol) are at entrances and locations in the workplace so they can be used for hand hygiene in place of soap and water, as long as hands are not visibly soiled. Source controls are being implemented at our workplaces at all times. Workers are being instructed to cover their mouth and nose with their sleeve or a tissue when coughing or sneezing, and to avoid touching their face, particularly their mouth, nose and eyes, with their hands. Workers are expected to dispose of tissues in provided trash receptacles and wash or sanitize their hands immediately afterward. Respiratory etiquette will be demonstrated on posters and supported by making tissues and trash receptacles available to all workers and other persons entering the workplace. There is only 1 individual that will follow the state's protocols. Workplace building and ventilation protocol There are no buildings. All activities take place outside. Workplace cleaning and disinfection protocol The only piece of equipment that will be used is a table set up at the entrance for every event. After set up of each event the table will be cleaned with bleach or some equivalent Drop-off, pick-up and delivery practices and protocol N/A Communications and training practices and protocol This COVID-19 Preparedness Plan was communicated to and prepared by the one employee. Instructions will be communicated to all workers, about protections and protocols, including: 1) social distancing protocols and practices; 2) drop-off, pick-up, delivery and general in-store shopping; 3) practices for hygiene and respiratory etiquette; 4) requirements regarding the use of face -coverings and/or face -shields by. All workers will also be advised not to enter the workplace if they are experiencing symptoms or have contracted COVID-19. Managers and supervisors are expected to monitor how effective the program has been implemented. All management and workers are to take an active role and collaborate in carrying out the various aspects of this plan, and update the protections, protocols, work -practices and training as necessary. This COVID-19 Preparedness Plan has been certified by Cruisin' on the Croix management and the plan was posted throughout the workplace and made readily available to employees 4/5/21. It will be updated as necessary by Parker Shook. Certified by: Parker Shook 04/16/2021 Office Admin Ivatel THE BIRTHPLACE Of MINHESOTA 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: 02/10/20201 Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event CRUISIN' ON THE CROIX Event Date/Time: Set up: Date WEDNESDAYS Time 6AM to 1PM Actual Event: Date WEDNESDAYS Time 3PM to 8PM Clean up: Date WEDNESDAYS Time 8PM to 9PM (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) NORTH LOWELL PARK FROM CHESTNUT ST N TO MULBERRY ST Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) There is nothing better than a summer evening spent by the river in Downtown Stillwater. Cruisin' on the Croix provides a great, free, and family friendly event every other Wednesday throughout the summer. The first 100 cars receive a commemorative dash plaque from our bi-weekly sponsor. Live music is played from 5-8PM with local food vendors providing an array of options. This event is free to the public. Estimated Attendance (participants and spectators): 500-1,000 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: CRUISIN' ON THE CROIX Mailing Address: 1906 GREELEY ST S. City, State, Zip Code: STILLWATER, MN. 55082 Primary Contact/Applicant Name: PARKER SHOOK Phone Number: 701-261-7889 Fax: Cell Phone: 701-261-7889 Email Address: BUD@BUDSSPEEDSHOP.COM Website Address: WWW.CRUISINONTHECROIX.COM Name of contact person during event: PARKER SHOOK Cell Phone: 701-261-7889 Alternate contact during event: JAMIE STOUDT Cell Phone: 612-986-8160 Refer media or citizens inquires to: EITHER LISTED ABOVE 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 X Number and size: 10, 2'X4' Will there be any inflatables? No 0 Yes • Insurance certificate from rental vendor is required Fees for electricity may Will there be entertainment? No ■ Yes © What type: LIVE MUSIC apply see Instructions Will sound amplification be used? No • Yes MI Hours and Type: 5-8PM Will a stage or tent(s) be set up? No in Yes u Dimensions:10X10 Will there be temporary fencing? No 0 Yes • How many Fees for electricity may Will merchandise/food items be sold? No • Yes 1-2 vendors expected: apply see Instructions Will food be prepared on site? No IN Yes 0 Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No • Yes M 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 la Yes ■ See Alcohol Regulations in the Instructions Will there be a fireworks display? No FZi Yes ■ Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. POWER BOX LOCATED ON SOUTH END OF LOT 9. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available WEEKLY RADIO, FLYERS AT EVENT, POSTERS AT DOWNTOWN BUSINESSES, BI-WEEKLY FACEBOOK POSTS, WEBSITE LISTINGS, COMMUNITY CALENDERS. 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 M. Yes IN Start/End Time: Date: City Sidewalks or Trails No f;1 Yes ■ Start/End Time: Date: Public Parking Lots or Spaces No ■ Yes Frd Start/End Time: 12AM-11 PM 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 p Yes ■ Number needed: see Instructions Fees may apply Will portable restrooms be needed? No E3 Yes • Number needed: see Instructions Fees may apply Will extra trash receptacles be needed? No M.Yes IINumber needed: see Instructions Describe trash removal and cleanup plan during and after event: TRASH WILL BE MONITORED THROUGHOUT THE EVENT AND TAKEN CARE OF ON AN AS -NEEDED BASIS. CLEANUP WILL OCCUR AFTER EVENT CONCLUSION. Will event need traffic control? No X Yes • Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: CROWD WILL BE MONITORED/CONTROLLED BY ON -SITE VOLUNTEERS/CRUISIN EMPLOYEES. ADDITIONALLY, VOLUNTEERS WHO MEET VEHICLES AS THEY ENTER THE CAR SHOW AREA WILL PROVIDE CONTROL AND GUIDANCE TO ALL GUESTS ENTERING AND VACATING. Fees may apply see Instructions „ „ Will No Parking Signs be needed? No F7 Yes • Number needed: Show location(s)onsite map Will event need security? No 61 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 IN Yes • Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: FIRS AID KITS WILL BE ON SITE AT 10X10 TENT STAFFED WITH VOLUNTEERS. Describe the emergency action plan if severe weather should arise: CANCEL EVENT AND DIRECT GUESTS TO MIB AND FFC OFFICES. List any other pertinent information: CAR SHOW DATES REQUESTED: 6/09/21, 6/23/21, 7/7/21, 7/21/21, 8/4/21, 8/18/21, 9/1/21, 9/15/21 The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. 1 realize my submittal of this application request constitutes a contract between myself and the Cityygf Still and is g. e4easse of Liability. ature Applicant or Authorized Agent 02/10/2021 Date MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: April 28, 2021 Re: Cooperative Agreement between City of Stillwater and Brown's Creek Watershed District - Diversion Tributary Stabilization Project DISCUSSION Attached is a Cooperative Agreement between the City of Stillwater and the Browns Creek Watershed District (BCWD) for the Diversion Tributary Stabilization Project. This project is located on City property and private property along the Browns Creek Tributary, west of Neal Avenue and north of Bout well Road and consists of building a series of rock check dams in the creek to help stabilize eroded sections of the creek. The project would be fully funded by the BCWD, as well as the design, construction, inspection and maintenance. This agreement would be in effect for 10 years. RECOMMENDATION City Staff and the City Attorney have reviewed the agreement and is recommending approval. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion approving the COOPERATIVE BETWEEN CITY OF STILLWATER AND BROWN'S CREEK WATERSHED DISTRICT FOR THE DIVERSION TRIBUTARY STABILIZATION PROJECT Cooperative Agreement Between City of Stillwater and Brown's Creek Watershed District Diversion Tributary Stabilization Project THIS AGREEMENT is made by and between the City of Stillwater, a Minnesota municipal corporation (Stillwater), and Brown's Creek Watershed District, a special purposes governmental unit with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D (BCWD). Recitals A. Stillwater owns in fee simple nine parcels of real property in Washington County, Minnesota, depicted in Exhibit A, which is attached to and incorporated into this agreement as a term hereof, and the parcels shown in Exhibit A are collectively referred to herein as "the City Property"; B. BCWD has an approved water -resources management plan pursuant to Minnesota Statutes section 103B.231, and the plan includes a capital improvements program as a key element of its implementation section; C. BCWD has identified channel incision, headcutting and resulting bank erosion along the Zephyr, South Central and Long Lake tributaries as a source of significant deposition of sediment and nutrients to McKusick Lake and Brown's Creek, thereby diminishing water quality in the lake and in the cold -water trout stream that is the watershed's namesake resource; D. In accordance with Minnesota Statutes section 103B.251 and informed by research and analysis conducted by the BCWD engineer, the BCWD Board of Managers on February 10, 2021, ordered the design by the engineer and implementation of a capital - improvement project consisting of measures including but not limited to placement of rock checks in the tributaries on the City Property and adjacent private property to increase floodplain re -connectivity, restore the hydrology of the wetland complex associated with the tributaries, and removal of invasive woody vegetation (the Project); E. Stillwater technical staff support the Project and have expressed a willingness to convey rights to access and use of the City Property for the Project at no cost to BCWD; F. BCWD will be responsible for all costs of construction and implementation of the Project in accordance with the design documents to be prepared pursuant to Section 1 of this agreement. BCWD will be responsible for all costs of maintenance of the Project; and G. Stillwater and BCWD are authorized by Minnesota Statutes section 471.59 to enter into this agreement for the Project. Agreement NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated into and made a part of this agreement, the parties agree as follows: 1. Project implementation. The Project will be implemented as follows: a. BCWD will prepare plans and specifications for the Project, providing for but not limited to removal of invasive trees and shrubbery; installation of rock checks; placement and maintenance of erosion control and similar construction -phase site measures; movement and operation of light -duty construction equipment, such as skid -steer machines and mini excavators; stockpiling materials to be used in construction; and management of invasive species through cutting, application of herbicide and other means. BCWD will present design plans and specifications to Stillwater for a period of not less than 15 days for review and comment prior to the commencement of implementation of the Project. b. BCWD will contract in accordance with applicable public procurement and other law for the construction and implementation of the Project. c. After completion of construction, BCWD will maintain the Project at its sole expense in accordance with the terms of this agreement. d. As between the parties, BCWD will be responsible for all costs related to the construction, implementation and maintenance of the Project. Stillwater will not be responsible for any out-of-pocket costs of the Project. e. The contract or contracts BCWD enters into for the construction and implementation of the Project will: i. Require the contractor to indemnify, defend and hold harmless Stillwater, its officers, council members, employees and agents from any and all actions, costs, damages and liabilities of any nature arising from the contractor's negligent or otherwise wrongful act or omission, or breach of a specific contractual duty, or a subcontractor's negligent or otherwise wrongful act or omission, or breach of a specific contractual duty owed by the contractor to BCWD. ii. Require that the contractor name Stillwater as an additional insured with primary coverage for general liability on a noncontributory basis for both ongoing work and completed operations to the extent of BCWD's statutory liability limit. f. If BCWD, in its sole judgment, should decide that the Project is infeasible at any time prior to initiation of construction, BCWD will communicate such determination to Stillwater and this agreement will thereby be rescinded and annulled. If BCWD so declares, all obligations herein, performed or not, will be voided, and BCWD will return the City Property to its Project condition as reasonably feasible or to such condition as agreed to by BCWD and Stillwater. As between the parties, BCWD will obtain, at its expense, all required permits and approvals and will bear the costs and fees associated with complying with regulatory requirements applicable to the Project. Stillwater will cooperate with BCWD and its contractor(s) to obtain permits and approvals needed for the Project and will serve as a co -applicant for permits and approvals as necessary. Stillwater, in its regulatory capacity, will facilitate the proper and efficient processing of any city permits and approvals needed for the Project. h. Each of the parties will bear its own administrative costs of fulfilling its responsibilities and obligations under this agreement. i. BCWD will provide Stillwater with notice at least three days prior to the commencement of construction of the Project. g• City of Stillwater 2 Diversion Tributary Stabilization Project Brown's Creek Watershed District 2. Grant of License. For purposes of completion and in support of the Project, Stillwater hereby grants and conveys to BCWD, its contractors, agents, successors and assigns, a license (the License) over, under, upon and across the portions of the City Property delineated and labeled in Exhibit A specified as follows: a. "Access Routes" for purposes of access for implementation, construction and maintenance of the Project, including the right of ingress and egress and to pass over and through a corridor 20 feet wide along each Access Route delineated and labeled in Exhibit A, on foot and using motorized equipment for staging of construction, construction and implementation of the Project, to lay and maintain temporary utilities across or above the surface of each Access Route for purposes of implementation and construction of the Project, as well as subsequent maintenance of the Project as necessary to achieve the intended purposes; b. "Project Area" for purposes of constructing, implementing and maintaining the Project, including but not limited to the right to place rock checks in the tributaries and to cause water to flow onto the floodplain to restore the hydrology of the wetland complex associated with the tributaries; to place and maintain erosion control and similar construction -phase site measures; to operate light -duty construction equipment, such as skid -steers and mini excavators; to stockpile materials to be used in construction and implementation; and to remove and otherwise manage invasive species through cutting and application of herbicide or other means; and to maintain the Project through repair of rock checks as needed. c. The Access Routes and Project Area together are referred to as the License Area. d. BCWD representatives, agents and contractors may enter the License Area at reasonable times to monitor activities on and uses of the License Area. In acting under this paragraph, BCWD will not unreasonably interfere with Stillwater's use and operation of the City Property. BCWD may act to prevent or remedy all activities and uses of the License Area not consistent with the terms of the License at BCWD's sole expense. e. BCWD, on reasonable notice to Stillwater, may temporarily restrict or preclude public access to a portion or portions of the License Area to ensure safety while construction or maintenance activities are under way. f. Publicity; signage. Stillwater will cooperate with BCWD to seek publicity and media coverage of the Project. Stillwater agrees to allow BCWD, at BCWD's cost and discretion, to place and maintain reasonable informational and educational signage of appropriate size and characteristics, and associated supporting structures of a reasonable size at a location, on the License Area during the term of the License. Any signage installed on the License Area will properly acknowledge the support provided by Stillwater. Stillwater reserves the right to review and approve the design of and location for any signage to be placed on the City Property pursuant to this provision, such approval not to be unreasonably withheld. 3. Stillwater's Use of the License Area. During the term of the License, Stillwater will not use the License Area in any manner that would damage or interfere with the City of Stillwater 3 Diversion Tributary Stabilization Project Brown's Creek Watershed District implementation or effectiveness of the Project for its intended purposes. In the event Stillwater determines to undertake or allow another party to undertake any grading, filling or alteration of the surface or construction of any hard -surfaced areas, fences, sheds, structures or similar improvements within the License Area, Stillwater will coordinate planning of such work or activities with BCWD so as to avoid damaging or interfering with the implementation of the Project and to ensure the continued effectiveness of the Project. 4. Revocation, Expiration of License. The License granted hereunder will expire 10 years from the date of complete execution of this agreement, unless revoked, which can occur only under the following circumstances: a. BCWD notifies Stillwater that the License is no longer needed, or, b. Stillwater conveys all or a portion of the License Area to a third party, in which event Stillwater agrees to notify BCWD at least 60 days prior to such conveyance, to notify the buyer of the License, and to facilitate communication between the BCWD and the buyer to help ensure BCWD's continued ability to utilize the License Area for the purposes specified herein. On completion of implementation of the Project, all improvements made to the Project Area thereby will become the property of Stillwater and BCWD will have no ownership interest in the improvements, notwithstanding BCWD's ongoing maintenance obligations under this agreement. 5. Independent Relationship; Liability. This agreement does not create a joint powers board or organization within the meaning of Minnesota Statutes section 471.59. Each party agrees that it will be responsible only for its own acts and omissions, and the results thereof to the extent authorized by the law and will not be responsible for the acts or omissions of the other party or the results thereof. This agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. Neither party will be liable for special, indirect, incidental, punitive, exemplary or unforeseeable consequential damages arising out of or in connection with its respective obligations under this agreement. Specific performance and quantum meruit explicitly are available remedies for the failure of a party to perform any obligation hereunder and do not require a demonstration that other remedies are inadequate. Remedies are non- exclusive. Stillwater and BCWD enter this agreement solely to facilitate the construction, implementation and maintenance of the Project to improve water quality in Brown's Creek. Nothing herein will be construed to constitute approval of any permit or other regulatory approval required by any party, nor does this agreement in anyway modify or delegate any party's regulatory authority 6. Indemnification. a. Stillwater agrees that it will defend, indemnify and hold harmless BCWD against any and all liability, loss, damages, costs and expenses which BCWD may hereafter sustain, incur or be required to pay by reason of any negligent act by Stillwater, its agents, officers or employees during the performance of this Agreement. City of Stillwater 4 Diversion Tributary Stabilization Project Brown's Creek Watershed District b. BCWD agrees that it will defend, indemnify and hold harmless Stillwater against any and all liability, loss, damages, costs and expenses which Stillwater may hereafter sustain, incur or be required to pay by reason of any negligent act by BCWD, its agents, officers or employees during the performance of this Agreement, and to the extent not covered by the contractor's indemnification as provided in Section le above. c. To the fullest extent permitted by law, actions by the Parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes section 471.59, subdivision la(b). They are not liable for the acts or omissions of a third party except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in section 471.59, subdivision la. d. Each party's liability shall be governed by the provisions of Minn. Stat. Ch. 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statutes section 471.59, subdivision la. and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in Minnesota Statutes 466.04, subdivision 1(a). 7. Data Practices. All data created, collected, received, maintained or disseminated for any purpose in the course of this Agreement is governed by the Data Practices Act, Minnesota Statutes chapter 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. 8. City Property Condition. On completion of the construction and implementation of the Project, BCWD will restore the Access Routes to materially the same condition as existed prior to the commencement of the Project. In the event the City Property is damaged by the activities of BCWD or its contractors, agents or assigns pursuant to the exercise of any of BCWD's rights under this agreement, BCWD will promptly repair or restore the City Property to the extent reasonably practicable. BCWD will repair, seed or plant disturbed or damaged areas with vegetation suitable for the intended uses of the City Property. Stillwater agrees and acknowledges that BCWD will not be responsible for any preexisting conditions on the City Property, environmental or otherwise, or for any damage to the City Property or liability arising out of or related to such preexisting conditions. 9. Insurance. BCWD will require its contractors, agents, successors and assigns to carry commercial general liability coverage for injury to or death of a person or persons and for damage to property occasioned by the performance of the Project in an amount up to or exceeding the statutory liability limits of BCWD. Stillwater will remain solely responsible for maintaining liability, property and other insurance for its uses of and authority over the City Property. 10. Delivery of Notices. Except as otherwise specifically provided herein, all notices required or permitted under this agreement will be in writing and will be deemed delivered when personally delivered, delivered by documented courier delivery or mailed by United States registered or certified mail, return receipt requested, at the address below or to such other address as each party may designate by a written notice to the other. City of Stillwater 5 Diversion Tributary Stabilization Project Brown's Creek Watershed District If to Stillwater: If to BCWD: Director Public Works/Engineering City of Stillwater 216 - 4th St. North Stillwater MN 55082 Administrator 455 Hayward Avenue North Oakdale MN 55128 651-330-8220, ext. 26 KKill@mnwcd.org 11. Severability. If any one or more of the provisions of this agreement, or the applicability of any such provision to a specific situation, is held invalid or unenforceable, such provision will be modified to the extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this agreement and all other applications of any such provision will not be affected thereby. 12. Governing Law; Venue. This agreement will be construed and governed by the laws of the State of Minnesota. Venue for any will lie in Washington County. 13. No Waiver of Immunity. No provision of this agreement will be interpreted as a waiver of any statutory or common law immunity by or limitation of liability available to BCWD, all such immunities and limitations being expressly reserved by BCWD. [Signature page follows.] City of Stillwater 6 Diversion Tributary Stabilization Project Brown's Creek Watershed District IN WITNESS WHEREOF, the undersigned have executed this agreement with the intent to be legally bound by its terms as of the date this agreement is fully executed by both parties. City of Stillwater Brown's Creek Watershed District Date: Date: By Ted Kozlowski By Craig F. Leiser Its Mayor Its President Date: By Beth Wolf Its City Clerk Approved as to form and execution BCWD counsel City of Stillwater 7 Diversion Tributary Stabilization Project Brown's Creek Watershed District EXHIBIT A - The License Area CW OF STILLWATER SOUTH CENTRAL TRIBUTARY Nk.L3Cn 41..161IN 0 LrATRRru0 FARMS 6E.G 601IAR ALEWLOOLR A L,E11 . 011l ©lil 011l 4ill Fil! oZEIMIIIm. NOT FOR CONSTROGIION ZEPHYR T TRIBUTARY TO KW6 ►6 ASI ROSE G REG A EL JENNIFER MOCK L JOHN T6 MELISSA A SUBMISSION DATE Desllori BY DRAWN' BY cRBCKED BY EORo0o03ci NO EumLmons A Olivier BZR RO*00e0LA, RN, Tele BS1,770.5440 ww W.�u BROWN'S CREEK STATE TRAIL LONG LAKE TRIBUTARY CREEKSIDE CT ,4 BROWN'S CREEK DISTRICT AROKSOR 11,00 A EAGLE RIOGE TRL BROWN'S CREEK TRIBUTARY RESTORATION STILLWATER, WASHINGTON COUNTY, MINNESOTA PROPOSED ACCESS ROAD (TYP) 1 117, ROCK CHECK LOCATION i ACCESS ROUTE — — — — — — SCALE IN FEET 1m 200 ,ea PROPOSED ROCK CHECK & ACCESS ROUTE EXHIBIT SHEET 01 OF 01 SHEETS City of Stillwater Washington County, Minnesota RESOLUTION 2021- RESOLUTION APPROVING THE ADDITION OF ADDITIONAL LICENSE PREMISES OWNED BY LA CARRETA, LLC WHEREAS, a request from La Carreta, LLC to add newly acquired additional building space as an amendment to their liquor license premises located at 1754 Market Drive has been received; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and continuous"; and WHEREAS, adding the additional space to their licensed premises, would allow the La Carreta to expand their establishment. BE IT RESOLVED, that the Stillwater City Council hereby approve the additional licensed premises located at 1754 Market Drive, conditioned upon the following: 1. Approvals Washington County Public Health and Environment Department, Police, Fire, Building, and Finance Departments as well as the Minnesota Alcohol & Gambling Enforcement Division. Adopted by the Stillwater City Council this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk tic? W [Ek 1*, Ara.] wcl and Frith b hh FLOOR PLAN - PROPOSED Hall Isis waa warn �ufo WIIIIIIIIII Jppl es storage 8 e'•71s T7' LACaoriwine 5'orcge liwater THE BIRTH P L A C E OF MINNESOTA Planning Report TO: Mayor & Council Members REPORT DATE: April 30, 2021 MEETING DATE: May 4, 2021 LANDOWNER: Ann and Jon Whitcomb Robert G. and Mary K. Lohmer Trust LOCATION: 12950 and 12960 75th Street North COMPREHENSIVE PLAN: Low Density Residential ZONING: Base Zoning: AP, Agricultural Preservation Overlay Zoning: Shoreland District for Brown's Creek Tributary REPORT BY: Abbi Jo Wittman, City Planner CASE NO.: 2021-21 BACKGROUND White Pine Ridge's Preliminary Plat was approved by the City Council on January 5, 2020. Part of the development includes the creation of new right-of-way (to be known as Northland Terrace) over a part of the Robert G. and Mary K. Lohmer Trust (12960 75th Street North). A condition of approval of the Preliminary Plat was that the portion of the Lohmer's property would be absorbed by the White Pine Ridge plat. However, since the remainder of the Lohmer's property is not a part of the plat, and the property has a metes and bounds legal description, the property owners are required to conduct a lot line adjustment, essentially changing the lot line prior to the Final Plat review and approval process. SPECIFIC REQUEST Approve a lot line adjustment between 12950 and 12960 75th Street North. EVALUATION OF REQUEST Generally speaking, most lot line adjustments are administratively approved. Because of adjustment is affecting unplatted property, Council's consideration of the adjustment is appropriate. It should be noted Section 24-2 indicates the City "may assign additional numbers in accordance with the uniform system adopted in this section whenever the property has been subdivided, a new front entrance opened or undue hardship has been worked on any property owner". The City Marylane Meadows Page 2 intends to readdress both properties as part of this development request. Mr. Lohmer has submitted a letter stating his objection to the changing of his address. While staff is sympathetic to the challenges associated with changing an address on a property, there are public safety concerns given the Lohmer's new access will be off of the new Northland Terrace, opposed to the Northland Avenue. Staff will work to provide the Lohmer's with adequate documentation to assist in the changes needed. RECOMMENDATION Approve the attached Resolution authorizing the Lot Line Adjustment between 12950 and 12960 75th Street North cc Mary and Robert Lohmer Ann and Jon Whitcomb attachments: Site Location Map Resolution Lot Line Adjustment Survey Lohmer Re -addressing Letter f � 1�1 �T�� /\ 1 / I 1 11 tea' ,- a ''- '{r U w-., i�c- • "` .. "� . ' . , 1 . y y_� -10 (water 1 Ilk � d e �.: '�11M. . l t "'AP-- x" ,, 4'1. c. The Birthplace of Minnesota MI _ •-'' 3295O ST NSTH' - * �► ,ry • Site Location 12950 75th Street e2 Subject Property Map North 3 I�2 12764 ��,,, 7990 7979 —" 12840 7959 7960 3325 7960 m - \ 7959 7930 7880 7879 . F, 940 4 7939 7939 12440 7750 7760 7770 7790 7819 1 •97 7919 7890 7897 12450 = 0 460 920 1 840 12430 '"H MINAR LANE NORTH 7789 7850 7857 Feet 7730 12420 ° 7775 7760 7759 7817 General Site Location 7710 12340 T TTTH STREET NORTH w 7729 A rt gr, • aomilt� �� %' 12380 12421 s 7680 7685 7720 350 71:1-/ II 1 IIIIh erit. � I ..—. nix -i a- \ ,C NY. 12345 NORTH 12377 7660 7625 7610 7699 12950 12960 c 11111 r, / 12363 miNnR AVENUE.7669 7640 7609 7639 � ��It, ��• .v all , ���� �� J% I��41 ���`;' 1 imrllIIPIr �� r■ w rEM . ®.® �.4. A ® 1 7520 _.• 250 ._wICJ Z 1 12360 12490 12530 3AH 2 EE- 1�, �1>L/�/ �;-� �V -i1` �� sTH STREE( NORTH NORTH •�o`11L�� � � JI 1 rll�lrn ■■� ®® �tr� \\ , � �'� 12721 ■ le ilia .y y '' :, I i ®�� . . It 105 =O� 12975 : _�m�11�+r1; •107 :FA_ `` i r 115 - • III y - �( : ■ *4'r— :1JRri k. RESOLUTION NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE LOT LINE ADJUSTMENT BETWEEN 12950 75TH STREET NORTH AND 12960 75TH STREET NORTH CASE NO. 2021-21 WHEREAS, as part of the White Pine Ridge Preliminary Plat application submittal, Jon and Ann Whitcomb, property owners at 12950 75th Street North, legally described on Exhibit A, and the Robert G and Mary K Lohmer Living Trust, property owners of 12960 75th Street North, legally described on Exhibit B, sought to adjust a shared property line; and WHEREAS, the property owners submitted to the City new legal descriptions for the two properties which are outlined on Exhibit C; and WHEREAS, on May 4, 2021, the City Council determined the lot line adjustment was in conformance with development approvals. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the lot line of adjustment between 12950 75th Street North, legally described on Exhibit C, and 12960 75th Street North, legally described on Exhibit D. Enacted by the City Council of the City of Stillwater, Minnesota this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk Page 2 of 5 Exhibit A 12950 75th Street North Current Legal Description (Per Doc. No. 4102803) The south 1373.77 feet of the East Half of the East Half of the Northeast Quarter of Section 30, Township 30, Range 20, Washington County, Minnesota; excepting therefrom the north 58.61 feet of the west 268.95 feet of the south 1373.77 feet thereof; also excepting therefrom the west 80.00 feet of the south 720.00 feet thereof; also excepting therefrom the east 245.00 feet thereof; and also excepting therefrom all that part which lies southerly of "line 3" as described as follows: "Line 3" is 75.00 feet northerly of and parallel with the following described centerline: Commencing at the Southwest corner of said Northeast Quarter; thence North 01'04'48" West, assumed bearing, along the north -south quarter line of said Section 30 a distance of 38.03 feet to the beginning of said centerline; thence North 81'50'36" East, a distance of 1,395.68 feet; thence Easterly a distance of 1,279.97 feet along a tangential curve concave to the South, having a radius of 5,729.58 feet and a central angle of 12°47'59" and a chord bearing of North 88'14'36" East to a point on the East line of said Section 30, said point being 262.54 feet Northerly of the east quarter corner of said Section 30, and said centerline terminating at said point. Page 3 of 5 Exhibit B 12960 75th Street North Current Legal Description (Per Doc. No. 4075551) That part of the East Two Hundred Forty-five (245.00) feet of the South One Thousand Three Hundred Seventy-three and Seventy-seven Hundredths (1373.77) feet of the East Half of the East Half of the Northeast Quarter (El /2 of El /2 of NE1 /4) of Section Thirty (30), in Township Thirty (30) North, of Range Twenty (20) West, Washington County, Minnesota, which lies northerly of the northerly right-of-way line of County State Aid Highway 12, said northerly right-of-way line is a line that is Seventy-five (75.00) feet northerly and parallel with the following described line: Commencing at the Southwest corner of the Northeast Quarter (NE1 /4) of said Section Thirty (30); thence North 01 '04'43" West (recorded as North 01 '04'48" West), assumed bearing, along the west line of said Northeast Quarter (NE1 /4) a distance of Thirty-eight and Three Hundredths (38.03) feet to the point of beginning; thence North 81 ° 50'44" East (recorded as North 81 *50'36" East) One Thousand Three Hundred Ninety-five and Sixty-four Hundredths (1395.64) feet (recorded as One Thousand Three Hundred Ninety-five and Sixty-eight Hundredths (1395.68) feet; thence easterly along a tangential curve, concave to the south, having a radius of Five Thousand Seven Hundred Twenty-nine and Fifty-eight Hundredths (5729.58) feet and a central angle of 12° 47'59", a distance of One Thousand Two Hundred Seventy-nine and Ninety-seven Hundredths (1279.97) feet to a point on the east line of said East Half of the East Half of the Northeast Quarter (El /2 of El /2 of NE1 /4) distant Two Hundred Sixty-two and Fifty-four Hundredths (262.54) feet northerly of the southeast corner of said East Half of the East Half of the Northeast Quarter (E1 /2 of El /2 of NE1 /4), as measured along said east line and said line there terminate. Page 4 of 5 Exhibit C 12950 75th Street North New Legal Description The south 1373.77 feet of the East Half of the East Half of the Northeast Quarter of Section 30, Township 30, Range 20, Washington County, Minnesota; excepting therefrom the north 58.61 feet of the west 268.95 feet of the south 1 373.77 feet thereof; also excepting therefrom the west 80.00 feet of the south 720.00 feet thereof; also excepting therefrom the east 245.00 feet thereof; and also excepting therefrom all that part which lies southerly of "line 3" as described as follows: "Line 3" is 75.00 feet northerly of and parallel with the following described centerline: Commencing at the Southwest corner of said Northeast Quarter: thence North 01 '04'48" West, assumed bearing, along the north -south quarter line of said Section 30 a distance of 38.03 feet to the beginning of said centerline: thence North 81'50'36" East, a distance of 1,395.68 feet; thence Easterly a distance of 1 ,279.97 feet along a tangential curve concave to the South, having a radius of 5,729.58 feet and a central angle of 1 2`47'59" and a chord bearing of North 88`14'36" East to a point on the East Tine of said Section 30, said point being 262.54 feet Northerly ❑f the east quarter corner of said Section 30, and said centerline terminating at said point. AND COMMENCING at the northwest corner of said east 245.00 feet of the south 1,373.77 feet of the East Half of the East Half of the Northeast Quarter; thence on an assumed bearing of South 00 degrees 05 minutes 14 seconds West along the west line of said east 245.00 feet a distance of 639.45 feet to the POINT OF BEGINNING; thence southeasterly 126.57 feet along a non -tangential curve concave to the west having a radius of 261.83 feet a central angle of 27 degrees 41 minutes 48 seconds a chord which bears South 13 degrees 45 minutes 40 seconds East a chord of 125.34 feet; thence South 00 degrees 05 minutes 14 seconds West a distance of 260.82 feet to the said northerly right of way line; thence westerly 30.04 feet along said northerly right of way Tine being a non -tangential curve concave to the south having a radius of 5,804.58 feet and a central angle of 00 degrees 17 minutes 48 seconds and a chord which bears North 86 degrees 53 minutes 00 seconds West to the said west line of the east 245.00 feet: thence North 00 degrees 05 minutes 14 seconds East a distance of 380.92 feet; to the POINT OF BEGINNING. Page 5 of 5 Exhibit D 12950 75th Street North New Legal Description That part of the East Twa Hundred Forty-five (245.00) feet of the South One Thousand Three Hundred Seventy-three and seventy-seven Hundredths (1 373.77) feet of the East Half of the East Half of the Northeast Quarter (El /2 of El /2 of NE1 /4) of Section Thirty (30), in Township Thirty (30) North, of Range Twenty (20) West, Washington County, Minnesota, which lies northerly of the northerly right-of-way line of County State Aid Highway 12, said northerly right-of-way line is a line that is Seventy-five (75.00) feet northerly and parallel with the fallowing described line: Commencing at the Southwest corner of the Northeast Quarter (NE1 /4) of said Section Thirty (30); thence North 01 '04'43" West (recorded as North 01 `04'48" West), assumed bearing, along the west line of said Northeast Quarter (NE114) a distance of Thirty-eight and Three Hundredths (38.03) feet to the point of beginning; thence North 81 " 50'44" East (recorded as North 81 '50'36' East) One Thousand Three Hundred Ninety-five and Sixty-four Hundredths (1 395.64) feet (recorded as One Thousand Three Hundred Ninety-five and Sixty-eight Hundredths (1 395.68) feet; thence easterly along a tangential curve, concave to the south, having a radius of Five Thousand Seven Hundred Twenty-nine and Fifty-eight Hundredths (5729.58) feet and a central angle of 12' 47'59", a distance of One Thousand Twa Hundred Seventy-nine and Ninety-seven Hundredths (1 279.97) feet to a point an the east line of said East Half of the East Half of the Northeast Quarter (El /2 of El /2 of NE1 /4) distant Two Hundred Sixty-two and Fifty-four Hundredths (262.54) feet northerly of the southeast corner of said East Half of the East Half of the Northeast Quarter (El /2 of El /2 of NE1 /4), as measured along said east line and said line there terminate. EXCEPTING therefrom the following: COMMENCING at the northwest corner of said east 245.00 feet of the south 1,373.77 feet of the East Half of the East Half of the Northeast Quarter; thence on an assumed bearing of South 00 degrees 05 minutes 14 seconds West along the west line of said east 245.00 feet a distance of 639.45 feet to the POINT OF BEGINNING; thence southeasterly 126.57 feet along a non -tangential curve concave to the west having a radius of 261.83 feet a central angle of 27 degrees 41 minutes 48 seconds a chord which bears South 13 degrees 45 minutes 40 seconds East a chord of 125.34 feet; thence South 00 degrees 05 minutes 14 seconds West a distance of 260.82 feet to the said northerly right of way line; thence westerly 30.04 feet along said northerly right of way line being a non -tangential curve concave to the south having a radius of 5,804.58 feet and a central angle of 00 degrees 17 minutes 48 seconds and a chord which bears North 86 degrees 53 minutes 00 seconds West to the said west line of the east 245.00 feet; thence North 00 degrees 05 minutes 14 seconds East a distance of 380.92 feet; to the POINT OF BEGINNING. SOO°05' 14" W 1035.95 7 f --------------- 58;.61 N00°00'04"E — I —< `yJ SAN CLEA JT INV= C,-.4± (PLA <la EXISTING LEGAL DESCRIPTIONS: g° DIP Pvc 58.61 --i \/ -------------------------------- S00°05' 14" W 639.45 / / / / / / / (WHITCOMB PER DOC. NO. 4102803 ) The south 1373.77 feet of the East Half of the East Half of the Northeast Quarter of Section 30, Township 30, Range 20, Washington County, Minnesota; excepting therefrom the north 58.61 feet of the west 268.95 feet of the south 1373.77 feet thereof; also excepting therefrom the west 80.00 feet of the south 720.00 feet thereof; also excepting therefrom the east 245.00 feet thereof; and also excepting therefrom all that part which lies southerly of "line 3" as described as follows: "Line 3" is 75.00 feet northerly of and parallel with the following described centerline: Commencing at the Southwest corner of said Northeast Quarter; thence North 01°04'48" West, assumed bearing, along the north -south quarter line of said Section 30 a distance of 38.03 feet to the beginning of said centerline; thence North 81°50'36" East, a distance of 1,395.68 feet; thence Easterly a distance of 1,279.97 feet along a tangential curve concave to the South, having a radius of 5,729.58 feet and a central angle of 12°47'59" and a chord bearing of North 88°14'36" East to a point on the East line of said Section 30, said point being 262.54 feet Northerly of the east quarter corner of said Section 30, and said centerline terminating at said point. (LOHMER PER DOC. NO. 4075551 ) That part of the East Two Hundred Forty-five (245.00) feet of the South One Thousand Three Hundred Seventy-three and Seventy-seven Hundredths (1373.77) feet of the East Half of the East Half of the Northeast Quarter (El /2 of El /2 of NE1 /4) of Section Thirty (30), in Township Thirty (30) North, of Range Twenty (20) West, Washington County, Minnesota, which lies northerly of the northerly right-of-way line of County State Aid Highway 12, said northerly right-of-way line is a line that is Seventy-five (75.00) feet northerly and parallel with the following described line: Commencing at the Southwest corner of the Northeast Quarter (NE1 /4) of said Section Thirty (30); thence North 01 '04'43" West (recorded as North 01 °04'48" West), assumed bearing, along the west line of said Northeast Quarter (NE1 /4) a distance of Thirty-eight and Three Hundredths (38.03) feet to the point of beginning; thence North 81 ° 50'44" East (recorded as North 81 '50'36" East) One Thousand Three Hundred Ninety-five and Sixty-four Hundredths (1 395.64) feet (recorded as One Thousand Three Hundred Ninety-five and Sixty-eight Hundredths (1 395.68) feet; thence easterly along a tangential curve, concave to the south, having a radius of Five Thousand Seven Hundred Twenty-nine and Fifty-eight Hundredths (5729.58) feet and a central angle of 12° 47'59", a distance of One Thousand Two Hundred Seventy-nine and Ninety-seven Hundredths (1279.97) feet to a point on the east line of said East Half of the East Half of the Northeast Quarter (El /2 of El /2 of NE1 /4) distant Two Hundred Sixty-two and Fifty-four Hundredths (262.54) feet northerly of the southeast corner of said East Half of the East Half of the Northeast Quarter (E1 /2 of El /2 of NE1 /4), as measured along said east line and said line there terminate. \ \ I^•• \_ , I 1 \� - r„ <, v / <' sL / / / / / / / / 595.19 NOO°00'04"E \\ /— EAST LINE OF THE EI/2 OF- THE EI/2 OF \ / THE NE 1/4 OF SEC. 30, T30, R20 \I EXISTING LOHMER WEST LINE OF THE EAST 245 FEET OF THE E1/2 OF THE EI/2 OF THE NE 1/4 OF SEC. 30, T30, R20___\ 1020.38 NOO°05' 14"E EXISTING WHITCOMB PARCEL— -- PROPOSED LOHMER TO WHITCOMB DESCRIPTION: PARCEL A (LOHMER TO WHITCOMB) That part of the east 245.00 feet of the south 1,373.77 feet of the East Half of the East Half of the Northeast Quarter of Section 30, Township 30, Range 20 West, Washington County, Minnesota, which lies Northerly of the Northerly right-of-way line of County State Aid Highway 12, as described above, described as follows: COMMENCING at the northwest corner of said east 245.00 feet of the south 1,373.77 feet of the East Half of the East Half of the Northeast Quarter; thence on an assumed bearing of South 00 degrees 05 minutes 14 seconds West along the west line of said east 245.00 feet a distance of 639.45 feet to the POINT OF BEGINNING; thence southeasterly 126.57 feet along a non -tangential curve concave to the west having a radius of 261 .83 feet a central angle of 27 degrees 41 minutes 48 seconds a chord which bears South 13 degrees 45 minutes 40 seconds East a chord of 125.34 feet; thence South 00 degrees 05 minutes 14 seconds West a distance of 260.82 feet to the said northerly right of way line; thence westerly 30.04 feet along said northerly right of way line being a non -tangential curve concave to the south having a radius of 5,804.58 feet and a central angle of 00 degrees 17 minutes 48 seconds and a chord which bears North 86 degrees 53 minutes 00 seconds West to the said west line of the east 245.00 feet; thence North 00 degrees 05 minutes 14 seconds East a distance of 380.92 feet; to the POINT OF BEGINNING. 0 FLOOR - =925,4 NORTH LINE OF THE SOUTH 720 FEET --- OF THE EI/2 OF THE EI/2 OF THE NE 1/4 OF SEC. 30, T30, R20 WEST LINE OF THE E 1/2 OF THE E I/2 OF THE NE 1/4 OF SEC. 30, T30, R20 7 \ 1 PARCEL 7 1 5 3A 4O"E G'A2S13 45 c 5L126 1• 83 6�-- _ 2 4S / —r 7 °4 2� / / / / / / 1 1 1 1 I / I I/ I I, I '-�i I PROPOSED PARCEL LINE INGRESS AND EGRESS EASEMENT AS SHOWN ON DOC. NO. 61815q (EASEMENT TO BE REMOVED) \ 1 S00°05'14"W I'\ 260.82 C. BRG. =N86 °53'00"W 4= 0 `17'48" L=30.04 -\ \ \ '4NIX I I ; I I I I PARCEL A 380.92 / _ _____________________ \--------------------________```_ I\ -- -- 7 PROPOSED DESCRIPTIONS: \ N. \ \ \ \ I I I 0 20' 20' O co 362.19 NOO°00'04"E EAST LINE OF THE WEST 60.00 FEET _,/ OF THE EI/2 OF THE EI/2 OF THE NE 1/4 OF SEC. 30, T30, R20 (WHITCOMB AFTER LOT LINE ADJUSTMENT ) The south 1373.77 feet of the East Half of the East Half of the Northeast Quarter of Section 30, Township 30, Range 20, Washington County, Minnesota; excepting therefrom the north 58.61 feet of the west 268.95 feet of the south 1 373.77 feet thereof; also excepting therefrom the west 80.00 feet of the south 720.00 feet thereof; also excepting therefrom the east 245.00 feet thereof; and also excepting therefrom all that part which lies southerly of "line 3" as described as follows: "Line 3" is 75.00 feet northerly of and parallel with the following described centerline: Commencing at the Southwest corner of said Northeast Quarter; thence North 01 °04'48" West, assumed bearing, along the north -south quarter line of said Section 30 a distance of 38.03 feet to the beginning of said centerline; thence North 81 °50'36" East, a distance of 1,395.68 feet; thence Easterly a distance of 1,279.97 feet along a tangential curve concave to the South, having a radius of 5,729.58 feet and a central angle of 12°47'59" and a chord bearing of North 88°14'36" East to a point on the East line of said Section 30, said point being 262.54 feet Northerly of the east quarter corner of said Section 30, and said centerline terminating at said point. AND COMMENCING at the northwest corner of said east 245.00 feet of the south 1,373.77 feet of the East Half of the East Half of the Northeast Quarter; thence on an assumed bearing of South 00 degrees 05 minutes 14 seconds West along the west line of said east 245.00 feet a distance of 639.45 feet to the POINT OF BEGINNING; thence southeasterly 126.57 feet along a non -tangential curve concave to the west having a radius of 261.83 feet a central angle of 27 degrees 41 minutes 48 seconds a chord which bears South 13 degrees 45 minutes 40 seconds East a chord of 125.34 feet; thence South 00 degrees 05 minutes 14 seconds West a distance of 260.82 feet to the said northerly right of way line; thence westerly 30.04 feet along said northerly right of way line being a non -tangential curve concave to the south having a radius of 5,804.58 feet and a central angle of 00 degrees 17 minutes 48 seconds and a chord which bears North 86 degrees 53 minutes 00 seconds West to the said west line of the east 245.00 feet; thence North 00 degrees 05 minutes 14 seconds East a distance of 380.92 feet; to the POINT OF BEGINNING. ICTED -- 75 0 f ----- 75 - r 1- z 0/ 01 75 75 (LOHMER AFTER LOT LINE ADJSUTMENT) That part of the East Two Hundred Forty-five (245.00) feet of the South One Thousand Three Hundred Seventy-three and Seventy-seven Hundredths (1373.77) feet of the East Half of the East Half of the Northeast Quarter (El /2 of El /2 of NE1 /4) of Section Thirty (30), in Township Thirty (30) North, of Range Twenty (20) West, Washington County, Minnesota, which lies northerly of the northerly right-of-way line of County State Aid Highway 12, said northerly right-of-way line is a line that is Seventy-five (75.00) feet northerly and parallel with the following described line: Commencing at the Southwest corner of the Northeast Quarter (NE1 /4) of said Section Thirty (30); thence North 01 *04'43" West (recorded as North 01 '04'48" West), assumed bearing, along the west line of said Northeast Quarter (NE1 /4) a distance of Thirty-eight and Three Hundredths (38.03) feet to the point of beginning; thence North 81 ° 50'44" East (recorded as North 81 '50'36" East) One Thousand Three Hundred Ninety-five and Sixty-four Hundredths (1 395.64) feet (recorded as One Thousand Three Hundred Ninety-five and Sixty-eight Hundredths (1 395.68) feet; thence easterly along a tangential curve, concave to the south, having a radius of Five Thousand Seven Hundred Twenty-nine and Fifty-eight Hundredths (5729.58) feet and a central angle of 12° 47'59", a distance of One Thousand Two Hundred Seventy-nine and Ninety-seven Hundredths (1279.97) feet to a point on the east line of said East Half of the East Half of the Northeast Quarter (El /2 of El /2 of NE1 /4) distant Two Hundred Sixty-two and Fifty-four Hundredths (262.54) feet northerly of the southeast corner of said East Half of the East Half of the Northeast Quarter (El /2 of El /2 of NE1 /4), as measured along said east line and said line there terminate. EXCEPTING therefrom the following: COMMENCING at the northwest corner of said east 245.00 feet of the south 1,373.77 feet of the East Half of the East Half of the Northeast Quarter; thence on an assumed bearing of South 00 degrees 05 minutes 14 seconds West along the west line of said east 245.00 feet a distance of 639.45 feet to the POINT OF BEGINNING; thence southeasterly 126.57 feet along a non -tangential curve concave to the west having a radius of 261 .83 feet a central angle of 27 degrees 41 minutes 48 seconds a chord which bears South 13 degrees 45 minutes 40 seconds East a chord of 125.34 feet; thence South 00 degrees 05 minutes 14 seconds West a distance of 260.82 feet to the said northerly right of way line; thence westerly 30.04 feet along said northerly right of way line being a non -tangential curve concave to the south having a radius of 5,804.58 feet and a central angle of 00 degrees 17 minutes 48 seconds and a chord which bears North 86 degrees 53 minutes 00 seconds West to the said west line of the east 245.00 feet; thence North 00 degrees 05 minutes 14 seconds East a distance of 380.92 feet; to the POINT OF BEGINNING. CONTACT: Jon Whitcomb President / Broker Metro East Commercial Real Estate 651-351-5005 Office 651-283-4884 Cell 1950 Northwestern Ave. #101 Stillwater, MN. 55082 ROBERT G & MARY K LOHMER 12960 75TH ST N COUNTY/CITY: WASH 1 NGTON CO U F—J Y CITY OF ST I I LWAT E R NORTH 0 50 100 REVISIONS: DATE REVISION 4-1-21 LOT LINE ADJUSTMENT CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Daniel L. Thurmes Registration Mllmber: 25718 Date: 8-21-17 PROJECT LOCATION: 1Z950 75TH ST. N. PID#30030201 4001 2 1 2GO 75TH ST_ N. PID#30030201 4001 3 Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey .net CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. SURVJW50 JW19050 LOT LINE ADJUSTMENT Abbi Wittman From: Bob Lohmer <> Sent: Friday, April 9, 2021 1:00 PM To: Abbi Wittman Subject: address request from the Lohmers [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. I would like to formalize, if it helps, our request to the city that it please help us maintain our current address. After 31 years , there are many ramifications to changing our address, even though we are not physically moving. This revolves around Jon Whitcombs" pending development. As you know, we are not happy about the neighboring project, but John is entitled to do with his property as he so wishes. He has been very honest and transparent with us about the project. The only reason we are "involved" is due to the joint ingress/egress access that our lower driveway shares. We are in essence ceding a piece of our property to the city (albeit a small piece) without any compensation: nor do we request any. We are aware of a few, and I am sure there are more, city homes where their driveway access to their home is off of one street, yet their street address is where the front of their home faces. The front of our property , some 245 ft will continue to face 75th St north. Granted our driveway off whatever street Jon names his road is some 500' long, but our home still faces 75th St.. I know there are probably existing "rules." but given how "filled in" the land in the city is, I can't imagine that creating an exception would cause problems in the future. Because of the state aid hwy allowing limited access, with county and city involvement, where else would such a unique situation arise.? I list a quick recap of the items we would have to deal with below. I also imagine some entities might require an affidavit of sorts from the city explaining the legalities of why we would have a new address even though we have not moved. One might even surmise we would become more of an audit target due to unusual circumstances, We would appreciate whatever consideration the powers at be might give us in this unique situation. multiply by 2 for myself and my wife health clinic records mayo clinic records dental clinic records medicare social security federal income tax minnesota income tax checking accounts personal checking accounts business utility billings home utility billings business snowplow billings lawn maintenance business billings 1 county property records county property tax records drivers licenses several credit card bills merrill lynch investments and IRA records RBC investment records will and trust records vehicle license records homeowners and car insurance records BCBS insurance records and billings Bob and Tubby Lohmer 2 City of Stillwater Washington County, Minnesota Resolution 2021 - RESOLUTION FOR TEMPORARY OUTDOOR DINING PERMIT BE IT RESOLVED, the City Administrator, Tom McCarty and the Director of Public Works, Shawn Sanders are hereby authorized and directed for and on behalf of the City of Stillwater to execute and enter into an agreement with the Commissioner of Transportation as set forth and contained in the document entitled "PERMIT- TEMPORARY OUTDOOR DINING", a copy of which was before the City Council and which is made a part hereof by reference. Adopted by the Stillwater City Council this 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION INSTRUCTIONS AND APPLICANT INFORMATION SHEET Municipality Name: Contact Person Name: Address: Telephone Number: Email Address: APPLICANT INFORMATION City of Stillwater Shawn Sanders 216 4th Street N 651-430-8800 StillwaterPci.stillwater.mn.us INSTRUCTIONS AND INFORMATION ■ All documents associated with the Temporary Outdoor Dining Permit process are subject to change. Submit using the most current documents available for download at: http://www.dot.state.mn.us/temporary-outdoor-dining/ ■ Complete this Applicant Information Sheet and compile and complete documents listed in Required Document Checklist. Submit required documents to the appropriate MnDOT Temporary Outdoor Dining Permit District Contact for processing. Please refer to the MnDOT District Map to determine your MnDOT district. All required documents must be submitted as one .pdf document. ■ Upon approval of the required documents, each municipality will receive one Temporary Outdoor Dining Permit. • A MUNICIPALITY MUST HAVE A FULLY EXECUTED TEMPORARY OUTDOOR DINING PERMIT WITH MNDOT PRIOR TO ISSUING PERMITS TO BUSINESSES FOR USE OF TRUNK HIGHWAY RIGHT OF WAY. REQUIRED DOCUMENT CHECKLIST Municipality must submit the following items to the appropriate MnDOT District Contact as one .pdf document: ❑ Completed Applicant Information Sheet and Temporary Outdoor Dining ("TOD") Permit (this form), including all necessary signatures by authorized municipal representatives; ❑ Permit Exhibit A: Map identifying the trunk highway right of way over which the municipality may issue an Outdoor Dining Permit (as defined in the TOD); ❑ Permit Exhibit B: Municipal Resolution to enter into the TOD with MnDOT (see example here); ❑ Certificate of Insurance showing compliance with Section 19 of the TOD and stating: "The State of Minnesota is included as an additional insured." The certificate should list The State of Minnesota, Department of Transportation, as the Certificate Holder. PERMIT - TEMPORARY OUTDOOR DINING 1 DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION PERMIT - TEMPORARY OUTDOOR DINING City/Township City of Stillwater Permit # Expiration November 1, 2021 or Expiration of Executive Order #20-01, whichever occurs first The State of Minnesota, through its Commissioner of Transportation ("MnDOT") hereby grants a Permit for Temporary Outdoor Dining ("TOD") purposes to City of Stillwater ("Municipality"), to allow the Municipality to permit the use of the trunk highway right of way ("Right of Way") shown on Exhibit "A" (the "Trunk Highway Area"), attached hereto and incorporated herein by reference, for use as provided in this TOD. This TOD is executed by the Municipality pursuant to resolution, a certified copy of which is attached hereto as Exhibit 6. Temporary Outdoor Dining- Food and Beverage Service The Municipality may issue a permit to a licensed person, firm, or corporation engaged in the business of conducting a food and beverage service establishment, as defined in Minn. Stat. Chap. 157 ( "Business") for the temporary use of all or a portion of the Trunk Highway Area for the placement of the components necessary to create an outdoor dining area in which to conduct outdoor food and beverage service, including tables, chairs, and refuse containers ("Outdoor Dining Components") and the associated food and beverage service thereto and maintenance thereof. The permit issued by the Municipality to a Business as provided in this paragraph shall be herein referred to as an "Outdoor Dining Permit". A business issued an Outdoor Dining Permit by the Municipality shall be herein referred to as a "Permitted Business". In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This TOD commences on the date upon which MnDOT secures all necessary signatures on this TOD and terminates at 11:59 PM on 11/01/2021 or upon the expiration of Executive Order #20-01, whichever occurs first ("Expiration Date"), subject to the right of cancellation by MnDOT, with or without cause, by giving the Municipality ten (10) days written notice of such cancellation. Municipality hereby voluntarily releases and waives any and all claims and causes of action for damages, PERMIT - TEMPORARY OUTDOOR DINING 2 costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this TOD by MnDOT. Municipality agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the TOD. Municipality agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. OUTDOOR DINING PERMIT BETWEEN MUNICIPALITY AND BUSINESS. The following items must be attached to and incorporated into each Outdoor Dining Permit issued by the Municipality to a Permitted Business and made available to MnDOT upon request: a. MAP. Municipality and a Permitted Business will collaborate to develop a map specifically identifying the following: i. Boundaries of the portion of the Trunk Highway Area covered by the Outdoor Dining Permit; ii. Proposed closures of: bike lanes, parking lanes, shoulder, traffic lanes, or roads; iii. Detour routes for closed bike lanes and/or roads; iv. Traffic control consistent with the obligations of this TOD as determined by Municipality (description of proposed traffic control); v. If appropriate, alternate route for large commercial vehicles or agricultural vehicles. b. SPECIAL CONDITIONS. SPECIAL CONDITIONS REQUIRED FOR OUTDOOR DINING PERMIT BETWEEN MUNICIPALITY AND BUSINESS FOR USE OF TRUNK HIGHWAY RIGHT OF WAY ("Special Conditions") attached hereto and incorporated into this TOD as Exhibit C. 3. SPECIAL CONDITIONS. Failure by a Municipality to attach and incorporate the Special Conditions to any Outdoor Dining Permit and/or failure to require and enforce compliance with the terms contained in the Special Conditions may result in termination of this TOD. 4. LOCATION AVAILABLE FOR OUTDOOR DINING PERMIT. Municipality may only issue an Outdoor Dining Permit to a Business for all or a portion of the Trunk Highway Area contiguous to the primary physical location of the Business. 5. MUNICIPALITY TO PROVIDE CONTACT INFORMATION. Municipality must provide a list of all Permitted Businesses to MnDOT. This list must include the name and location of the Permitted Business and emergency contact information for the Permitted Business. 6. OUTDOOR DINING COMPONENT INSTALLATION. The installation and maintenance of all Outdoor Dining Components shall be at no cost or expense to MnDOT and shall occur in a manner compatible with the safe and efficient operation of the trunk highway system. 7. MAINTENANCE. Any and all maintenance of the Trunk Highway Area shall be provided by the Municipality at the Municipality's cost and expense. MnDOT will not mark obstacles for users on trunk highway right of way. If an Outdoor Dining Component becomes damaged, Municipality will PERMIT - TEMPORARY OUTDOOR DINING 3 immediately remove, or cause to be removed, the Outdoor Dining Component from the Trunk Highway Area. 8. TERMINATION OF OUTDOOR DINING PERMITS. Prior to the Expiration Date or earlier termination, Municipality will terminate or otherwise cancel all Outdoor Dining Permits. 9. REMOVAL. Upon the Expiration Date or earlier termination, at the Municipality's sole cost and expense, Municipality will: a. Remove, or cause to be removed, all Outdoor Dining Components from the Trunk Highway Area and restore the Trunk Highway Area to a condition satisfactory to the MnDOT District Engineer; and b. Surrender control of the Trunk Highway Area to MnDOT. If, without MnDOT's written consent, Municipality or a Permitted Business continues to occupy all or a portion of the Trunk Highway Area after the Expiration Date or earlier termination of this TOD, MnDOT may remove the Outdoor Dining Components and restore the Trunk Highway Area to a condition satisfactory to the MnDOT District Engineer. Municipality will pay all costs and expenses incurred in the removal of Outdoor Dining components and restoration of the Trunk Highway Area. Notwithstanding anything herein to the contrary, in the event of an emergency as determined in MnDOT's sole discretion, MnDOT may, without prior notice, order the Municipality to remove the Outdoor Dining Components, or MnDOT may remove the Outdoor Dining Components at Municipality's expense. 10. ACCESS TO TRUNK HIGHWAY. No owner of property adjacent to the Trunk Highway Area shall be deprived of reasonable access to the trunk highway by reason of the Outdoor Dining Permit or any activity thereunder. 11. SIGNS. No signs shall be placed on the Trunk Highway Area unless specifically authorized herein. Municipality may authorize a Permitted Business to display proprietorship signs on that portion of Trunk Highway Area over which the Permitted Business holds an Outdoor Dining Permit subject to federal, state, and local laws and regulation, including Federal Highway Administration regulations related to number, size, location, and design of signs. No signs shall be placed on any MnDOT or other governmental agency sign post. Signs must not impede the flow of traffic or divert driver attention along the trunk highway system. 12. TRAFFIC CONTROL. The Municipality will provide all necessary traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways ("MN MUTCD"). 13. USE. Municipality shall use, and shall only allow Permitted Businesses to use, the Trunk Highway Area for public purposes. Unless specifically authorized herein, no permanent structures or advertising devices in any manner, form or size shall be allowed on the Trunk Highway Area. No commercial activities shall be allowed to operate upon the Trunk Highway Area except as expressly authorized by the terms of this TOD and Executive Order 20-70. PERMIT - TEMPORARY OUTDOOR DINING 4 This TOD is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities, which may occupy the Trunk Highway Area. Any use permitted by this TOD or permitted by an Outdoor Dining Permit issued under this TOD shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes and subordinate to rights granted to any third party by law or by and through an agreement between MnDOT and that party. This TOD does not grant any interest whatsoever in land or establish any, rights to relocation benefits. This TOD does not create any future right to use the Trunk Highway Area or any other Right of Way, for the same or different purposes. 14. APPLICABLE LAWS. This TOD does not release the Municipality from any liability or obligation imposed by federal law, Minnesota law, local ordinances, or other agency regulations relating thereto. The Municipality, at its sole cost and expense, shall comply and require all Permitted Businesses to comply with Minnesota law (including but not limited to applicable Executive Orders, requirements related to liquor licensing, the Minnesota Occupational Safety and Health Act of 1973, Minnesota Statutes 2019, Chapter 182 ("Minnesota OSHA Standards"), and Minnesota Rules Chapter 4626 ("Minnesota Food Code")), federal law (including the Americans with Disabilities Act), municipal laws, rules, regulations, and ordinances (including zoning ordinances and requirements related to food and liquor licenses), all restaurant and bar industry guidance provided by the Commissioners of Health, Employment and Economic Development, and Labor and Industry pursuant to Executive Order 20-56 Section 7(b), and all guidelines related to COVID-19 set forth by the Minnesota Department of Health and the United States Centers for Disease Control and Prevention. If all or a portion of the Trunk Highway Area subject to an Outdoor Dining Permit is not in compliance with applicable law, MnDOT may order the Municipality to terminate the Outdoor Dining Permit and remove the Outdoor Dining Components or MnDOT may remove the Outdoor Dining Components and Municipality shall reimburse MnDOT for the cost thereof. 15. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the assemblage of individuals or groups on the Trunk Highway Area users on all Trunk Highway Area over which this TOD is granted, so as to maintain public safety and public health. 16. ENVIRONMENTAL. The Municipality shall not, and shall not allow a Permitted Business to, dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the Trunk Highway Area. In the event of spillage of regulated materials, the Municipality shall notify in writing MnDOT's District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Municipality. 17. MECHANIC'S LIENS. The Municipality (for itself, its permittees, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any permittee, subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. PERMIT - TEMPORARY OUTDOOR DINING 5 18. INDEMNITY. Municipality shall indemnify, defend to the extent authorized by the Minnesota Attorney General's Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation, employees, agents and any successors and assigns of the foregoing, from and against: a. All claims, demands, and causes of action for injury to or death of persons or loss of or damages to property (including Municipality's or Permitted Business's property) occurring on the Trunk Highway Area or connected with Municipality's or Permitted Business's use and occupancy of the Trunk Highway Area, except when such injury, death, loss or damage is caused solely by the negligence of the State of Minnesota, but including those instances where the State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or control the operations of Municipality or Permitted Business or otherwise discover or prevent actions or operations of Municipality or a Permitted Business giving rise to liability to any person; b. Claims arising or resulting from the temporary or permanent termination of Municipality's or a Permitted Business's rights on any portion of Trunk Highway Area over which this TOD is granted; c. Claims, demands, and causes of action resulting from or associated with traffic control or safety measures necessary for use of the Trunk Highway Area by Municipality or Permitted Business, including claims for costs or expenses related to detours; d. Claims, demands, and causes of action related to alcohol consumption on or near the Trunk Highway Area, including claims related to the Dram Shop Act or other liability under Minnesota Statutes Chapter 340A; e. Claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; f. Any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and g. Any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to any installation, maintenance, removal, or other use of the Trunk Highway Area by Municipality or a Permitted Business. The liability of MnDOT is governed by Minn. Stat. §3.736 and other applicable law. 19. GENERAL INSURANCE REQUIREMENTS — MINIMUM COVERAGE REQUIREMENTS. Prior to the execution of any Outdoor Dining Permit, the Municipality shall provide MnDOT with a properly executed certificate(s) of insurance which shall clearly evidence the insurance required below and name the State of Minnesota and MnDOT as an Additional Insured. 19.1 Liquor Liability Insurance If Permitted Business holds a liquor license, Municipality must hold, or must require a Permitted Business to hold, Liquor Liability coverage against all potential claims by third parties arising out of the giving, selling, serving, or supplying of alcoholic beverages in the Trunk Highway Area. Coverage shall be PERMIT - TEMPORARY OUTDOOR DINING 6 in amount of minimum limits of $1,000,000 per occurrence and $2,000,000 annual aggregate and shall name the State of Minnesota as an Additional Insured. 19.2 Workers' Compensation Insurance Municipality must provide Workers' Compensation coverage for all its employees and, in case any work is subcontracted, Municipality will require the subcontractor to provide Workers' Compensation coverage in accordance with the statutory requirements of the State of Minnesota and Employers liability with limits not less than: $100,000 Bodily Injury by Disease per Employee $500,000 Bodily Injury by Disease Aggregate $100,000 Bodily Injury by Accident 19.3 General Liability Insurance a. Minimum Limits of Liability: The Municipality is subject to the terms and conditions of Minn. Stat. Chapter 466 and will maintain Commercial General Liability insurance (or comparable coverage under a program of self-insurance) with Tort Claims limits currently not less than $500,000 per person and $1,500,000 per occurrence for bodily injury and property damage. b. Coverages: X Premises and Operations Bodily Injury and Property Damage X Personal & Advertising Injury X Blanket Contractual X Products and Completed Operations X State of Minnesota named as Additional Insured 19.4 Additional Insurance Conditions: a. Municipality's policy(ies) shall be primary insurance to any other valid and collectible insurance available to the State of Minnesota with respect to any claim arising out of the Municipality's or a Permitted Business's performance under this TOD. b. If Municipality receives a cancellation notice from an insurance carrier affording coverage herein, Municipality agrees to notify the State of Minnesota within five (5) business days with a copy of the cancellation notice, unless Municipality's policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to the State of Minnesota. c. Municipality is responsible for payment of TOD related insurance premiums and deductibles. PERMIT - TEMPORARY OUTDOOR DINING 7 d. Municipality's policy(ies) shall include legal defense fees in addition to the liability policy limits. e. Municipality shall obtain insurance policy(ies) from insurance company(ies) having an "AM Best" rating of A- (minus), Financial Size Category of VII or better, and authorized to do business in the State of Minnesota (or comparable coverage under a program of self-insurance). 20. PROPERTY DAMAGE. Municipality will maintain insurance on their own property. Notwithstanding anything apparently to the contrary in this TOD, Municipality hereby releases MnDOT from any and all liability or responsibility to the Municipality or anyone claiming through or under them by way of subrogation or otherwise for loss or damage, even if such loss or damage shall have been caused by the fault or negligence of MnDOT or anyone for whom MnDOT may be responsible. 21. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Municipality or when made in writing addressed as follows: Municipality at: City of Stillwater Attn: Shawn Sanders 216 4th Street N Stillwater, MN 55082 MnDOT at: State of Minnesota Department of Transportation The address to which notices are mailed may be changed by written notice given by either party to the other. 22. CONSTRUCTION AND INTERPRETATION. Whenever required by the context of this TOD, the singular shall include the plural, and vice versa. 23. ASSIGNMENT. No assignment of this TOD is allowed. 24. IN WRITING. Except for those which are set forth in this TOD, no representations, warranties, or agreements have been made by MnDOT or Municipality to one another with respect to this TOD. 25. EXHIBITS: The following exhibits are attached to and incorporated into this TOD: a. Exhibit A: Map identifying the Right of Way over which the Municipality may issue an Outdoor Dining Permit; b. Exhibit B: Municipal Resolution Authorizing the Municipality to Enter into this TOD; and c. Exhibit C: Special Conditions Required for Outdoor Dining Permit between Municipality and Business for Use of Trunk Highway Area. PERMIT - TEMPORARY OUTDOOR DINING 8 MINNESOTA DEPARTMENT OF TRANSPORTATION CITY OF STILLWATER APPROVAL BY BY Ted Kozlowski ITS District Engineer ITS Mayor DATE DATE May 4, 2021 BY Beth Wolf ITS City Clerk DATE May 4, 2021 PERMIT - TEMPORARY OUTDOOR DINING 9 TEMPORARY OUTDOOR DINING PERMIT EXHIBIT A [TO BE REPLACED BY MAP IDENTIFYING THE RIGHT OF WAY OVER WHICH THE MUNICIPALITY MAY ISSUE AN OUTDOOR DINING PERMIT] PERMIT - TEMPORARY OUTDOOR DINING 10 TEMPORARY OUTDOOR DINING PERMIT EXHIBIT B [TO BE REPLACED BY MUNICIPAL RESOLUTION] PERMIT - TEMPORARY OUTDOOR DINING 11 TEMPORARY OUTDOOR DINING PERMIT EXHIBIT C SPECIAL CONDITIONS REQUIRED FOR OUTDOOR DINING PERMIT BETWEEN MUNICIPALITY AND BUSINESS FOR USE OF TRUNK HIGHWAY RIGHT OF WAY [REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK.] PERMIT - TEMPORARY OUTDOOR DINING 12 SPECIAL CONDITIONS REQUIRED FOR OUTDOOR DINING PERMIT BETWEEN MUNICIPALITY AND BUSINESS FOR USE OF TRUNK HIGHWAY RIGHT OF WAY 1. DEFINITIONS: a. MnDOT PERMIT: A permit issued by the State of Minnesota, through its Department of Transportation, to a Municipality to authorize the Municipality to issue Outdoor Dining Permits and to establish minimum requirements the Municipality must require in the Outdoor Dining Permit. b. MUNICIPALITY: Minnesota city or township authorized by a MnDOT Permit to issue an Outdoor Dining Permit to a Permitted Business. c. OUTDOOR DINING COMPONENT: Items placed in the Outdoor Dining Area by a Permitted Business, authorized through an Outdoor Dining Permit, to create or enhance an Outdoor Dining Area, specifically including tables, chairs, and refuse containers and specifically excluding grills and coolers. d. OUTDOOR DINING PERMIT: Permit issued by a Municipality to a Permitted Business, under authority of a MnDOT Permit, to authorize creation and use of an Outdoor Dining Area for the placement of Outdoor Dining Components and the service thereto and maintenance thereof. e. OUTDOOR DINING AREA: Portion of trunk highway right of way a Permitted Business is authorized to use through an Outdoor Dining Permit. f. PERMITTED BUSINESS: Minnesota licensed food and beverage service establishment that is issued an Outdoor Dining Permit. 2. COMPLIANCE BY PERMITTED BUSINESS. Permitted Business agrees to comply with the following specifications, requirements, guidelines, and standards: a. Collaborate with Municipality to develop a map, for attachment to and incorporation into, the Outdoor Dining Permit, identifying the following: i. Boundaries of the Outdoor Dining Area covered by the Outdoor Dining Permit; ii. Proposed closures of: bike lanes, parking lanes, shoulder, traffic lanes, or roads; iii. Detour routes for closed bike lanes and/or roads; iv. Traffic control consistent with the obligations of the MnDOT Permit as determined by Municipality (description of proposed traffic control); and v. If appropriate, alternate route for large commercial vehicles or agricultural vehicles. b. Comply with all federal, state, and local laws and regulations, specifically including the Americans with Disabilities Act, the Minnesota Food Code (Minnesota Rules 2019, Chapter 4626), applicable liquor licensing restrictions and regulations (including Minnesota Statutes 2019, Chapter 340A), the Minnesota Occupational Safety and Health Act of 1973 (Minnesota Statutes 2019, Chapter 182), and local zoning and licensing laws, as well as all public health and safety guidelines related to food and beverage service establishments and all aspects of the Outdoor Dining Permit as provided by the Minnesota Department of Health, Minnesota Department of Economic Development, and Center for Disease Control. c. Maintain a copy of all food and liquor licenses and the Outdoor Dining Permit onsite. PERMIT -TEMPORARY OUTDOOR DINING 13 d. Permitted Business must place a barrier on the outer edge of the Outdoor Dining Area if serving alcohol in the Outdoor Dining Area. e. Maintain sightlines for motor vehicle movements, traffic control devices, and pedestrian crossings. All Outdoor Dining Components will remain at least 20 feet from all intersections. f. Refrain from obstructing driveways, alleyways, pedestrian ramps, building entrance or exit, emergency entrance or exit, fire hydrant or standpipe, or utility access areas. g. Refrain from using or allowing use of the Outdoor Dining Area in a manner that fully or partially deprives an adjacent property owner of reasonable access to the trunk highway system. h. Coordinate impacts to bus stops with appropriate transit agency. i. Permitted Business will coordinate with Municipality for the installation and maintenance of all traffic control per Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways ("MN MUTCD") and will comply with all traffic control. j• When using parking lanes or when closing down through lanes for outdoor dining purposes, use appropriate nighttime traffic control devices (i.e. reflectorized drums, cones, barriers) to direct traffic and to separate vehicle traffic from Outdoor Dining Areas. k. When using parking lanes, closing down through lane(s), or otherwise operating a business on trunk highway right of way adjacent to travel lanes with a speed limit of 35 mph or less, stay at least 6 feet from the edge of the nearest travel lane unless a continuous barrier is used. Use of parking lanes or travel lanes for Outdoor Dining Areas will not be permitted adjacent to travel lanes with a speed limit greater than 35 mph. MnDOT is willing to consider closing down through lanes on multiple lane roadways to increase the distance to the nearest travel lane. I. When using parking lanes, closing down through lane(s), or otherwise operating a business on trunk highway right of way adjacent to travel lanes with a speed limit of 40 or 45 mph, Outdoor Dining Areas must be at least 20 feet from the edge of the nearest travel lane. m. When using parking lanes, closing down through lane(s), or otherwise operating a business on trunk highway right of way adjacent to travel lanes with a speed limit of 50 mph or higher, Outdoor Dining Areas must be at least 40 feet from the edge of the nearest travel lane. n. Refrain from blocking drainage structures or impeding drainage. o. Refrain from digging or drilling into any hard surfaces (pavements, curbs, sidewalks) without written MnDOT approval. p• Remove all Outdoor Dining Components by the expiration of Executive Order 20-70 or November 2, 2020, whichever occurs first, and collaborate with Municipality to restore trunk highway right of way to its previous condition to the satisfaction of the MnDOT District Engineer. q. Maintain Outdoor Dining Area in a clean and sanitary condition and maintain all Outdoor Dining Components in good working condition. r. Comply with all Title II ADA requirements, including but not limited to clear zones and reach, width and height requirements for accessibility. PERMIT - TEMPORARY OUTDOOR DINING 14 i. An ADA pedestrian access route (PAR) of four (4) feet for no more than 200 feet is allowed. If the PAR is reduced to four (4) feet for 200 feet or more a turnaround/passing space of five (5) foot x five (5) foot shall be provided. ii. Vertical surface discontinuity shall be a maximum of 1/4 inch (or %z inch if beveled at 1:2). iii. The cross -slope of the PAR shall be two percent (2%) whenever possible and cannot exceed three percent (3%) at any point. Where the sidewalk is greater than 4% this provision will not be applied. s. Refrain from the placement of signs other than signs identifying business proprietorship. Proprietorship signs must comply with federal, state, and local laws and regulation, may not be placed on any MnDOT or other governmental agency sign post, and must not impede the flow of traffic or divert driver attention along the trunk highway system. 3. INDEMNIFICATION AND HOLD HARMLESS. Permitted Business agrees to the following: Permitted Business agrees to defend to the extent authorized by the State of Minnesota Office of the Attorney General, indemnify, protect and hold the State of Minnesota, the Minnesota Department of Transportation, and their officers, representatives, agents, and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including the Permitted Business's own employees, agents or officers which arise from, or are connected with, or are caused or claimed to be caused by, any actions of the Permitted Business or attributable to the Permitted Business. Permitted Business agrees to agrees to defend to the extent authorized by the State of Minnesota Office of the Attorney General, indemnify, protect and hold the State of Minnesota, the Minnesota Department of Transportation, and their officers, representatives, agents, and employees harmless from and against all claims asserted or liability established related to alcohol consumption on or near the Outdoor Dining Area, including claims related to the Dram Shop Act or other liability under Minnesota Statutes Chapter 340A. Further, the Permitted Business agrees to hold harmless the State of Minnesota, Minnesota Department of Transportation, and their officers, representatives, agents, and employees for any loss or damage arising out of the use, or the discontinuance of any use of the trunk highway right of way, including the Outdoor Dining Area; that the Permitted Business understands and agrees that the use of the Outdoor Dining Area and trunk highway right of way is to be temporary; that the Permitted Business shall not acquire any right, title, or interest in the Outdoor Dining Area; that the Permitted Business may be required by the State of Minnesota or the Minnesota Department of Transportation to vacate all or any part of the Outdoor Dining Area at any time; that upon demand to vacate the Outdoor Dining Area, the Permitted Business will promptly remove all Outdoor Dining Components or other elements related to the activities permitted by the Outdoor Dining Permit, or reimburse the State for the cost of removing all Outdoor Dining Components or other elements related to the activities permitted by the Outdoor Dining Permit; and that the Permitted Business shall have no recourse against the State of Minnesota, Minnesota Department of Transportation, or its officers, representatives, agents or employees, for any loss or damage occasioned by the Permitted Business being required to vacate all or part of the Outdoor Dining Area which the Permitted Business has been granted an Outdoor Dining Permit. PERMIT -TEMPORARY OUTDOOR DINING 15 liwater THE BIRTHPLACE OF MINNESOIA Memo To: Mayor and City Council From: Jason Grode, Parks Superintendent Date: May 4, 2021 Re: Northland Park New Playground BACKGROUND Northland Park has two playground structures that are in need of replacement. The new playground structure will combine the upper and lower play structures and be installed in place of the existing lower playground. The Parks and Recreation Commission recommended to approve the attached new playground structures, which has a two to five -year -old playground structure, a five to twelve -year -old playground structure and will re -purpose the existing swings. The playground area will be ADA accessible with a concrete sidewalk connecting the parking lot to the playground area along with the installation of ADA-accessible engineered wood fiber. There will be bench seating installed around the perimeter of the playground area and grading will be done prior to installation to ensure better drainage. The cost of the new Burke playground equipment will be $48,194.16 by St. Croix Recreation on State bid plus $11,300.00 for installation by a contractor. The total cost will be $59,494.16. RECOMMENDATION Staff recommends the City Council approve St. Croix Recreation to furnish and install the proposed play structure at Northland Park for $59,494.16 with funds coming from the Parks Capital Outlay. needwegQ ueyl:A9 NMdi:1Q n) co z to Co fV Burke SERIES: Intensity, Nucleus SITE PLAN 44J0N Taa4S 43SL SL6Z £-L L9Z4-OOL Northland Park Lower Playground St. Croix Recreation Company, Inc. OZOZ 'OE Ja9wanoN rn LO • • SR .. Or' u.[ rvilr VOA actin ulir'ij ; ADA ACCESSIBIUTY GUIDELINE (ADAAG CONFORMANCE) NUM9ER of PAY EVENTS' MAiBER OF ELEVATED RAY EVENTS - NU MBER f.F ELEVA TED PLAY EVENTS ACCESSIBLE BY RAM... NUIABEROF ELEVATED PLAY EVENTS ACCESSIBLE BY TRANSFER SYSTEM NUMBER Of ELEVATED PLAY EVENTS ACCESSIBLE BY RAMP OR TRANSFER SYSTEM& NUMBER CF GROUND LEV EZ RAY EVENTS NUL3ER OF TYPES CF GRoUND LEVEL RAY EVENTS 17 ACCESSIBI E SAFETY SURFACING MATFRIAI. IS REQUIRED BENEATH PROVDED 0 tEao. 0 AND AROUND THIS EQUIPMENT PROVIDEl. 6 3T-7" • • INFORMATION MINIMUM FALL ZONE SURFACED WITH RESIUENT MATERIAL AREA 1576 SQ.FT. PERIMETER 232 FT. STRUCTURE SIZE 53'10"x3T7" STRUCTURE IS DESIGNED FOR CHILDREN AGES: 6-23 MONTH OLDS X 2-5 YEAR OLDS X 5-12 YEAR OLDS 13 + YEAR OLDS GO rho play components Identified in Iles plan are IPEMA ix -Mimi The use and layout of these components conform to the requuorttento c4ASTM f 1407. To verity product oerti(Ication, vise wow iperna org The space requirements shown here are to ASTM standards. Requirements for other standards may be diI Brent The use and layout el play oomporenls dentto this plan coriorm Io the CPSC guidelines U.S CPSC FUCEXnmarxls ttw ,xperatnn o aye groups in playgrautd layouts. PROVo€o B saovin D E READ5 REDID. 3 REOv.3 WARNING! FOR SIJDE FALL ZONE SURFACING AREA SEE CPSCs Handbook for Public Playground Safety PLATFORM FEIGHTS ARE IN INCHES ABOVE RESILIENT UATERIAL NORTHLAND PARK LOWER PLAYGROUND 1 COIOQ 1CIY a WA • tl • ..unity. Burke L.AY THAT MOVES YOU CIBUCKE COM • BOO 2FG 1250 NORTHLAND PARK LOWER PLAYGROUND PROPOSAL C1OO-126761-3 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders;JDirector of Public Works Director DATE: April 28th, 2021 SUBJECT: Purchase Approval for Utility Locator Discussion Staff has been using a demo pro utility contractor locater unit on the Gopher State One Call Pilot Program for the past month. Through our demo we have found the locater to be useful in locating and collecting GPS data on sewer force mains, water mains, water valves and curb stops (assets). Once the data is collected, the information can then be downloaded into the GIS mapping program in Engineering Department. this unit would replace our existing locater that is 15 years old. This purchase request was not accounted for in our 2021 Capital Outlay Project list , but feels the purchase is useful and would benefit the Utility department in its utility locates and provide additional information for GIS mapping For the purchase, there are leftover funds in the Sewer Capital Outlay Budget from the Brick Street Generator Project and left over funds in the Water Capital Outlay Budget from the SCADA upgrades Project to cover the costs. Recommendation Staff recommends the approval of the purchase of the RTK — Pro Utility Locator from Utility Logic with configuration and Training for $10,459.00. The purchase would be split between the Sewer Capital Outlay Budget and the Water Capital Outlay Budget. TO: FROM: DATE: SUBJECT: iliwater Administration Mayor & City Council Tom McCarty, City Administrator Brian Mueller, Chief of Police April 30, 2021 Approval of Subscription Agreement with Lexipol — Provision of Internal Public Safety Policy Management Services BACKGROUND INFORMATION: The Stillwater Police Department is responsible for creating, managing and updating all internal departmental operating and risk management policies pursuant to state statute, relevant court decisions and city code provisions. Further, the department is responsible for training all staff to those standards. Enabling statutes and rules change regularly, requiring constant attention for review state laws and court decisions that might impact existing Police Department policies. Lexipol is a public safety group that provides this very expertise and serves over 8,000 agencies and municipalities with 24/7 policy review and update service. The Police Chief has contacted Lexipol to provide a proposal for the Police Department to help manage policy updates. [It should be noted that the City Fire Department currently uses Lexipol to provide policy update services for all Fire Department policies.] Lexipol has provided the attached proposed Subscription Agreement for the Stillwater Police Department. The cost of the Agreement (One -Time Start Up = $15,713.00 + Annual Subscription = $11,319.00 = Total of $27,032.30) was not included in the 2021 Police Department operation budget. The Department will manage this unanticipated cost within the approved 2021 Department budget by mitigating other costs to offset this subscription cost. The Chief of Police has reviewed existing the Police Department policy manual and believes that subscribing to the Lexipol service agreement would be extremely beneficial to the Police Department and the City, and recommends approval of the attached Lexipol Subscription Agreement. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us 111 LEXIPOL SOLUTIONS PROPOSAL PREPARED FOR: Stillwater Police Department Chief Brian Mueller (651) 351-4924 PREPARED BY: Karen James kjames@lexipol.com (949) 325-1230 2611 Internet Blvd, Ste 100 Frisco, Texas 75034 (844) 312-9500 www.lexipol.com Executive Summary Public safety agencies and local government organizations today face challenges of keeping personnel safe and healthy, reducing risk and maintaining a positive reputation. Add to that the dynamically changing legislative landscape and evolving best practices, and even the most progressive, forward -thinking departments can struggle to keep up. Lexipol's solutions are designed to save you time and money while protecting your personnel and your community. Our team consists of professionals with expertise in public safety law, policy, training, mental health and grants. We continually monitor changes and trends in legislation, case law and best practices and use this knowledge to create policies, training, wellness resources and funding services that minimize risk and help you effectively serve your community. THE LEXIPOL ADVANTAGE Lexipol was founded by public safety experts who saw a need for a better, safer way to run a public safety agency. Since the company launch in 2003, Lexipol has grown to form an entire risk management solution for public safety and local government. Today, we serve more than 8,100 agencies and municipalities and 2 million public safety and government professionals with a range of informational and technological solutions to meet the challenges facing these dynamic industries. In addition to providing policy management, online training, wellness resources, and grant assistance, we provide 24/7 industry news and analysis through the digital communities Policel, FireRescuel, Correctionsl, EMS1 and Gov1. Our customers choose Lexipol to make an investment in the safety and security of their personnel, their agencies and their communities. We help agencies address issues that create substantial risk, including: • Inconsistent and outdated polices • Lack of technology to easily update and issue policies and training electronically • Unchecked mental health needs of staff • Difficulty keeping up with new and changing legislation and practices • Inability to produce policy acknowledgment and training documentation • Unfamiliarity of city legal resources with the intricacies of public safety law • The need to secure grant funding for critical equipment, infrastructure and personnel Lexipol is backed by the expertise of 320 employees with more than 2,075 years of combined experience in constitutional law, civil rights, ADA and discrimination, mental health, psychology, labor negotiations, Internal Affairs, use of force, hazmat, instructional design, federal and state grants and a whole lot more. That means no more trying to figure out policy, develop training or wellness content or secure funding on your own. You can draw on the experience of our dedicated team members who have researched, taught and lived these issues. We look forward to working with Stillwater Police Department to address your unique challenges. Copyright 2020 © LexiDol - Rev 6/28/2018 Page 2 of 5 Scope of Services Policy Manual Constitutionally sound, up-to-date policies are the foundation for consistent, safe public safety operations and are key to reducing risk and enhancing personnel and community safety. Lexipol's comprehensive policy manual covers all aspects of your agency's operations. • More than 155 policies researched and written by public safety attorneys and subject matter experts • Policies based on State and federal laws and regulations as well as nationwide best practices • Content customized to reflect your agency's terminology and structure Daily Training Bulletins (DTBs) Even the best policy manual lacks effectiveness if it's not backed by training. Lexipol's Daily Training Bulletins are designed to help your personnel learn and apply your agency's policy content through 2-minute training exercises. • Scenario -based training ties policy to real -world applications • Understanding and retention of policy content is improved via a singular focus on one distinct aspect of the policy • Each Daily Training Bulletin concludes with a question that confirms the user understood the training objective Daily Training Bulletins can be completed via computers or from smartphones, tablets or other mobile devices Reports show completion of Daily Training Bulletins by agency member and topic Policy Updates Lexipol's legal and content development teams continuously review state and federal laws and regulations, court decisions and evolving best practices. When needed, we create new and updated policies and provide them to your agency, making it simple and efficient to keep your policy content up to date. • Updates delivered to you through Lexipol's web -based content delivery platform • Changes presented in side -by -side comparison against existing policy so you can easily identify modifications/improvements • Your agency can accept, reject or customize each update Web -Based Delivery Platform and Mobile App (Knowledge Management System) Lexipol's online content delivery platform, called KMS, provides secure storage and easy access to all your policy and training content, and our KMS mobile app facilitates staff use of policies and training completion. • Ability to edit and customize content to reflect your agency's mission and philosophy • Efficient distribution of policies, updates and training to staff • Archival and easy retrieval of all versions of your agency's policy manual Mobile app provides in -the -field access to policy and training materials Reports Lexipol's Knowledge Management System provides intuitive reporting capabilities and easy -to -read reports that enhance command staff meetings and strategic planning. • Track and report when your personnel have acknowledged policies and policy updates • Produce reports showing completion of Daily Training Bulletins • Sort reports by agency member, topic and other subgroups (e.g., shift, assignment) Reduce the time your supervisors spend verifying policy acknowledgement and training completion Supplemental Publication Service Lexipol's Supplemental Publication Service (SPS) streamlines the storage of your agency's content, giving you one place to access procedures, guidelines, general orders, training guides or secondary policy manuals. • Electronically links department -specific procedural or supplemental content to your policy manual • Provides electronic issuance and tracking for your agency's procedural or supplemental content • Allows you to create Daily Training Bulletins against your procedural content Designed for standard operating guidelines, procedures, general orders or field guides Law Enforcement Operations Procedures Copyright 2020 © Lexipol - Rev 6/28/2018 Page 3 of 5 To ensure consistent, effective and safe operations, a law enforcement agency's procedures should align with its policies and be accessible in an easy -to -understand format. Lexipol's Law Enforcement Procedure Guide and Framework, based on national best practices, gives you the guidance and a template to build such a procedure manual. • More than 40 procedure guides designed to help you ensure your procedures follow important policy requirements and national best practices • Each procedure provides an editable template to conveniently author new content and merge existing agency content • Procedures are aligned with Lexipol policy requirements to address the most important operations of a law enforcement agency • Well -structured and policy -aligned procedures enhance preparation for accreditation assessments Agency -Specific Content Extraction This service is perfect for agencies that wish to populate one or more Supplemental Publication Service (SPS) manuals with their existing content. We'll do the heavy lifting of incorporating your agency's supplemental content (procedures, guidelines, general orders, training guide or a secondary policy manual) into the SPS. Access to an electronic copy of your existing content and a subscription to the Supplemental Publication Service (SPS) is required. Data entry of agency procedures or supplemental content into Lexipol's Knowledge Management System (KMS). Note: Lexipol reserves the right to limit the amount of content being imported into the SPS. • Consistent, professional formatting for your agency's policy -related content • Hyperlink related content for enhanced end -user experience Standard Policy Cross -Reference Making the transition to Lexipol starts with understanding how your agency's current policy content compares with Lexipol's master policy content. Our Standard Policy Cross -Reference service provides a logical method to distinguishing between the two. • Analysis of your existing policies and procedures to identify content similar to Lexipol's state specific master content, as well as content unique to your jurisdiction and not covered within the Lexipol manual • Your existing policies returned with annotations and tips to integrate into the Lexipol master content • One-on-one review with your agency to discuss the cross-reference report Implementation Policy Tier I: High -Risk Policies Benefit from our proven, systematic approach to implementing polices. Tier I represents about 20% of the manual, including foundational policies necessary to provide structure and authority to your policy manual, as well as policies addressing high -risk, low -frequency and high -risk, high -frequency incidents. You'll receive one-on-one collaborative assistance to help you review, customize and adopt the policies efficiently and effectively. Copyright 2020 © Lexipol - Rev 6/28/2018 Page 4 of 5 Prepared By: Karen James Phone: (949) 325-1230 Email: kjames@lexipol.com Proposal Quote #: Q-13041-2 Date: 10/27/2020 Valid Through: 4/15/2021 Overview Lexipol empowers first responders and their communities to best serve the needs of their residents safely and responsibly. We are the experts in policy, training and wellness support for first responders and government leaders, helping address public safety challenges and improve the quality of life for all community members. Our solutions encompass state -specific policies, online learning, behavioral health resources, funding assistance, and news and analysis, including the online digital communities Police), FireRescuel, EMS1, Corrections) and Gov1. The services proposed below are designed to meet your agency's specific goals and needs. QTY DESCRIPTION UNIT PRICE DISC DISC AMT EXTENDED 1 Annual Law Enforcement Policy Manual & Daily Training Bulletins w/Supplemental Publication Service w/ Procedures (12 Months) USD 12,577.00 10% USD 1,257.70 USD 11,319.30 Subscription Line Items Total USD 1,257.70 USD 11,319.30 1 Law Enforcement Standard Policy Cross- Reference USD 3,385.00 USD 0.00 USD 3,385.00 1 Law Enforcement Agency -Specific Content Extraction USD 2,195.00 USD 0.00 USD 2,195.00 1 Law Enforcement Tier I Implementation USD 10,133.00 USD 0.00 USD 10,133.00 One -Time Line Items Total USD 0.00 USD 15,713.00 USD 1,257.70 USD 27,032.30 Discount: TOTAL: USD 1,257.70 USD 27,032.30 *Law Enforcement Policy pricing is based on 22 Law Enforcement Sworn Officers. Law Enforcement Cross Reference Professional Services pricing is based on 350 pages. Notes Subscription pricing based on 22 (and up to 25) FT sworn. Cross Reference pricing based on 350 pages of current policy content. Discount Notes MN 2020 Promo Extended: 10% discount on annual subscription with start date on or before 4/15//2020. Copyright 2020 © Lexipol - Rev 6/28/2018 Page 5 of 5 Agency's Name: Agency's Address: Attention: TIIIFLEXIPOL AGREEMENT FOR USE OF SUBSCRIPTION MATERIAL Stillwater Police Department 216N4thSt Stillwater, Minnesota 55082 Chief Brian Mueller Lexipol's Address: 2611 Internet Boulevard, Suite 100 Frisco, Texas 75034 Prepared By: Karen James Program Start Date: (to be completed by Lexipol upon receipt of signed Agreement) This Subscription Agreement (the "Agreement") is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), and the Agency identified above. This Agreement consists of: (a) this Cover Sheet; (b) Exhibit A (Subscriptions Being Purchased and Subscription Fees); (c) Exhibit B (Terms and Conditions Specific to this Agreement); and (d) Lexipol's General Terms and Conditions, available at: https://www.lexipol.com/terms-and-conditions/. In the event of any inconsistency or conflict between Lexipol's General Terms and Conditions and those contained in Exhibit B, the terms and conditions contained in Exhibit B shall control. Each person signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement. Stillwater Police Department Signature: Print Name: Title: Date Signed: Copyright 2021 © Lexipol - Rev 12/28/2020 Exhibit A SUBSCRIPTIONS BEING PURCHASED AND SUBSCRIPTION FEES Agency is purchasing the following: QTY DESCRIPTION UNIT PRICE DISC DISC AMT EXTENDED 1 Annual Law Enforcement Policy Manual & Daily Training Bulletins w/Supplemental Publication Service w/ Procedures (12 Months) USD 12,577.00 10% USD 1,257.70 USD 11,319.30 Subscription Line Items Total USD 1,257.70 USD 11,319.30 1 Law Enforcement Standard Policy Cross- Reference USD 3,385.00 USD 0.00 USD 3,385.00 1 Law Enforcement Agency -Specific Content Extraction USD 2,195.00 USD 0.00 USD 2,195.00 1 Law Enforcement Tier I Implementation USD 10,133.00 USD 0.00 USD 10,133.00 One -Time Line Items Total USD 0.00 USD 15,713.00 USD 1,257.70 USD 27,032.30 Discount: TOTAL: USD 1,257.70 USD 27,032.30 *Law Enforcement pricing is based on 22 Law Enforcement Sworn Officers. Cross Reference Professional Services pricing is based on 350 pages. *The above subscription services, and when applicable, implementation services, shall be invoiced by Lexipol upon the execution of this Agreement. Notes Subscription pricing based on 22 (and up to 25) FT sworn. Cross Reference pricing based on 350 pages of current policy content. Discount Notes MN 2020 Promo Extended: 10% discount on annual subscription with start date on or before 4/15//2020. Copyright 2021 © Lexipol - Rev 12/28/2020 Exhibit B Terms and Conditions Specific to this Agreement The following terms and conditions apply to all Subscription Services purchased by Agency. Capitalized terms used but not defined herein shall have the meaning set forth in Lexipol's General Terms and Conditions, available at: https://www.lexipol.com/terms-and-conditions/. In the event of any inconsistency or conflict between Lexipol's General Terms and Conditions and those contained herein, the Terms and Conditions contained in this Exhibit B shall control. 1. Term. This Agreement becomes effective and enforceable upon signature by Agency's authorized representative, with a Program Start Date as specified on the cover sheet of this Agreement. This Agreement shall remain in effect for a minimum one (1) year period commencing on the Program Start Date unless a different time period is specified on Exhibit A (the "Initial Term"): provided, however, that the Term will be automatically extended for successive one-year periods thereafter (each a "Renewal Term") unless one party provides written notice of non -renewal to the other party at least thirty (30) days prior to expiration of the Initial Term or the then -current Renewal Term, as the case may be. The Initial Term and all subsequent Renewal Terms shall collectively comprise the "Term" of this Agreement. Notwithstanding the foregoing, this Agreement remains subject to termination as provided in Lexipol's General Terms and Conditions, available at: https://www.lexipol.com/terms-and-conditions/. 2. Subscription Fee/Invoicing. Lexipol will invoice Agency for purchased Subscription Services at the commencement of the Initial Term and thirty (30) days prior to the beginning of each Renewal Term. Agency will pay the invoiced amount to Lexipol within thirty (30) days of the invoice date. All invoices will be sent to Agency at the address for Agency specified on the first page of this Agreement to which these Terms and Conditions are attached. All payments will be made to Lexipol at the address for Lexipol specified on the invoice. Lexipol reserves the right to increase pricing for each Renewal Term. 3. Ownership of Materials; Derivative Works; Right to Use. 3.1 Policy Subscriptions and Materials. This Section applies when Agency has subscribed to or otherwise receives access to Lexipol's Subscription Materials, as defined below. Generally. Agency acknowledges and agrees that all policy -based Subscription Services, including but not limited to all policy manuals, supplemental policy publications, daily training bulletins, and all other materials provided by Lexipol to Agency from time to time during the term of this Agreement (such materials collectively, the "Subscription Materials") are proprietary products of Lexipol, protected under U.S. copyright, trademark, patent, and other applicable law, and that Lexipol reserves all rights not expressly granted in this Agreement. Subject to the terms, conditions and limitations in this Agreement, Lexipol hereby grants Agency the right to prepare derivative works of the Subscription Materials (each, a "Derivative Work," as defined in Section 1 of the General Terms and Conditions); provided, however, that Agency acknowledges and agrees that Lexipol will be the sole owner of all right, title and interest in and to all Derivative Works, including all copyrights and other intellectual property and proprietary rights therein or pertaining thereto, and Agency hereby assigns and transfers to Lexipol all right, title and interest in and to all Derivative Works, including all copyrights and other intellectual property and proprietary rights therein or pertaining thereto. Agency will not remove any copyright notice or other proprietary notice of Lexipol appearing on Subscription Materials or Derivative Works and shall include such notices at the appropriate place on each copy thereof. ii Right to Use; Limitations on Use. Subject to the terms, conditions, and limitations in this Agreement, Lexipol hereby grants to Agency a perpetual, personal, fully paid -up, right to use the Subscription Materials and any Derivative Works in each case, solely for the Agency's internal purposes. Agency shall not use, copy, republish, lend, distribute, post on servers, transmit, redistribute, or display, in whole or in part, by any means or medium, whether electronic or mechanical, or by any information storage and retrieval system, any Subscription Materials or any Derivative Work other than as expressly authorized by the immediately preceding sentence. Without limiting the generality of the foregoing, Agency will not import, upload, or otherwise make available any Subscription Materials or any Derivative Work into or onto any third party, document, knowledge, or other content management system or service without Lexipol's prior written consent. The foregoing does not prohibit Agency from providing Subscription Materials or Derivative Works pursuant to an order from a court or other governmental agency or other legal process, Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request, nor does it prohibit Agency from displaying the adopted/approved final policy document on a 1 of 3 Exhibit B publicly accessible website for official agency purposes, so long as Agency includes the appropriate copyright and other proprietary notices on such final policy document as required by Section 3.1(i) above. iii Policy Adoption. Agency hereby acknowledges and agrees that all policies and Daily Training Bulletins (DTBs) included in the Subscription Materials provided by Lexipol have been individually reviewed, customized, and adopted by Agency for use by Agency in accordance with this Agreement. Agency further acknowledges and agrees that neither Lexipol nor any of its agents, employees, or representatives shall be considered "policy makers" in any legal or other sense, and that the chief executive of Agency will, for all purposes, be considered the "policy maker" with regard to each and every such policy and DTB. 3.2 Learning Management System. This Section applies when Agency has subscribed to Lexipol's Learning Management System ("LMS"). The LMS is a proprietary product of Lexipol, protected under U.S. copyright, trademark, patent, and other applicable law. Lexipol and its licensors retain all rights, title, and interest in and to the LMS (including, without limitation, all intellectual property rights), including all copies, modifications, extensions, and Derivative Works thereof. Agency's right to use the LMS is limited to the rights expressly granted in this Agreement. All rights not expressly granted to Agency are reserved and retained by Lexipol and its licensors. As between Agency and Lexipol, (a) all Agency Data, defined as data owned by Agency prior to the Program Start Date of this Agreement or data not otherwise subject to the definition of "Derivative Work" in Lexipol's General Terms and Conditions, is Agency's property, and (b) Agency retains all rights, title, and interest in and to Agency Data, including all copies, modifications, extensions, and derivative works thereof. Lexipol retains no right or interest in any Agency Data and shall return or destroy Agency Data following termination of this Agreement. Agency's purchase of LMS Subscription Services is subject to Lexipol's General Terms and Conditions, this Exhibit B (including this Section 3.2) and the terms and conditions found at: https://www.lexipol.com/Ims-master-service-agreement/. 3.3 Wellness Applications. This Section applies when Agency has subscribed to Lexipol's Wellness Applications, provided by Cordico®, including but not limited to CordicoShield, CordicoFire, and all other Cordico products and services (collectively, the "Wellness Services"). The Wellness Services are proprietary products of Lexipol, protected under U.S. copyright, trademark, patent, and other applicable law. Lexipol and its licensors retain all rights, title, and interest in and to the Wellness Services (including, without limitation, all intellectual property rights), including all copies, updates, modifications, and versions thereof. Agency's right to access and use the Wellness Services is limited to the rights expressly granted in this Agreement. All rights not expressly granted to Agency are reserved and retained by Lexipol and its licensors. As between Agency and Lexipol, (a) all Agency Data collected through the Wellness Services remains Agency's property, and (b) Agency retains all rights, title, and interest in and to Agency Data, including all copies, modifications, extensions, and derivative works thereof. Lexipol retains no right or interest in any Agency Data and shall return or destroy Agency Data following termination of this Agreement. In addition, upon termination of this Agreement for any reason, Agency shall lose access to all Wellness Services. Agency's purchase of Wellness Services is subject to Lexipol's General Terms and Conditions, this Exhibit B (including this Section 3.3) and the Terms of Use and Privacy Policy set forth within each Wellness Application. 3.4 Generally; Injunctive Relief. Except as expressly provided herein, nothing in this Agreement shall be construed as conferring any rights or license to Lexipol's trade secrets, intellectual property, Confidential Information, Subscription Materials, Wellness Services, or the software underlying such products and services, whether by estoppel, implication or otherwise. Agency may not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in any software -based Subscription Services. Notwithstanding any other term or condition herein, Agency grants all rights and permissions in or relating to Agency Data as are necessary or useful to Lexipol to enforce this Agreement, exercise Lexipol's rights, and perform Lexipol's obligations hereunder. Agency acknowledges that a breach or threatened breach of any portion of this Section 3 may cause irreparable harm and shall entitle Lexipol to injunctive relief in addition to any other available remedy. 4. Warranty Disclaimer. ALL SUBSCRIPTION SERVICES AND SUBSCRIPTION MATERIALS ARE PROVIDED "AS IS" AND LEXIPOL HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LEXIPOL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON -INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 5. Disclaimer of Liability. Agency acknowledges and agrees that Lexipol, its officers, agents, managers, and employees will have no liability to Agency or any other person or entity arising from or related to the Subscription Services or the 2 of 3 Exhibit B Subscription Materials, or any act or omission by Agency or its personnel pursuant to, or in reliance on, any of the Subscription Materials. 6. Limitation of Liability. Lexipol's cumulative liability to Agency and any other person or entity for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement, the Subscription Services, or the use of any Subscription Materials shall not exceed the subscription fees actually paid to Lexipol by Agency for the Purchased Subscription Services under this Agreement during the twelve-month period immediately prior to the assertion of such claim, demand, or action. In no event shall Lexipol be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Lexipol has been advised of the possibility of such damages. The limitations set forth in this Section shall apply whether Agency's claim is based on breach of contract, tort, strict liability, product liability or any other theory or cause of action. 7. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply. 8. Entire Agreement. This Agreement embodies the entire agreement and understanding of the parties hereto and hereby expressly supersedes all prior written and oral agreements and understandings with respect to the subject matter hereof. No representation, promise, inducement, or statement of intention has been made by any party hereto that is not embodied in this Agreement. Terms and conditions set forth in any purchase order, or any other form or document of Agency, which are inconsistent with, or in addition to, the terms and conditions set forth in this Agreement, are hereby objected to and rejected in their entirety, regardless of when received, without further action or notification by Lexipol, and shall not be considered binding on Lexipol unless specifically agreed to in writing by it. 9. Additional Terms and Conditions. Except as set forth above, this Agreement remains subject to Lexipol's General Terms and Conditions, available at: https://www.lexipol.com/terms-and-conditions/. 3 of 3 2021 GRANT AGREEMENT FOR MUNICIPAL RECYCLING GRANT DISTRIBUTION WASHINGTON COUNTY CONTRACT # PUBLIC HEALTH & ENVIRONMENT TERM: - 12/31/21 THIS AGREEMENT made and entered into by and between the County of Washington, hereinafter referred to as the "County", and the City of Stillwater, 216 North Fourth Street, Stillwater, MN 55082hereinafter referred to as the "Grantee". WHEREAS, the County desires to encourage and provide opportunities for residential recycling to reduce the County's reliance on solid waste disposal facilities, and WHEREAS, the Washington County Board of Commissioners has budgeted funds to be used to further develop recycling projects in the County. NOW, THEREFORE, the parties hereto agree as follows: 1. Term: The term of the Agreement shall be from the date this Agreement is approved by the County to December 31, 2021. 2. The County's Obligations: The County will pay the Grantee an amount of up to $35,406.00 which is to be used for recycling program expenses in 2021. Payment will be within 60 days of execution of this Agreement. 3. The Grantee's Obligations: a. The Grantee agrees to follow their 2021 Municipal Recycling Grant Application and the guidelines therein (Exhibit A). b. The Grantee will use all recycling grant money received in 2021 as a result of this Agreement, for base funding activities, recycling projects, and public education related to recycling, as indicated in Exhibit A. If all recycling grant funds are not used within the grant period, the Grantee must return unexpended funds to the County unless the County approves utilizing the unspent funds for recycling projects the following year. c. The Grantee shall sign and return this Agreement to the County by July 1, 2021. Failure to do so will result in a reduction or loss of grant funds. d. The Grantee agrees to support State efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. e. The Grantee will prepare and submit annual work plan project reports to the County. The reports shall cover the time period from January 1 to December 31 and shall be submitted to the County by January 31st of the year following the reporting period. The annual reports are available on the County's Municipal Recycling Grant Application and Reporting software (Re-TRAC Connect). f. Pursuant to Minnesota Statutes Sections 115A.46 and 115A.471, all waste generated by city/township government activities (including city/town halls, public -1- g• works buildings, parks, and for city/townships that arrange for waste services on behalf of their residents) shall be delivered to the Ramsey/Washington Recycling and Energy Center in Newport for disposal. Failure to comply with this provision shall constitute a breach of this Grant Agreement. The parties agree that if the Grantee contracts or otherwise arranges for municipal solid waste hauling service on behalf of its residents and/or businesses and the Grantee issues bills for this service, the Grantee shall bill the County Environmental Charge (CEC) as a separate line item on the solid waste bill and shall make reasonable effort to collect the CEC. Exception to this provision is if the licensed hauler collected the CEC for the previous year. All County Environmental Charges collected shall be remitted to the County according to section 14.5 of Washington County Ordinance #178 or its replacement, Ordinance #194, effective July 15Y, 2014. Failure of the Grantee to comply with this provision shall constitute a breach of this Grant Agreement and will result in loss of grant funds. 4. Indemnification and Insurance: a. The Grantee agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the Contractor/Consultant in the performance of this agreement. b. The Grantee agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1. Commercial General Liability/Professional Liability with contractual liability coverage in the amount of the County's tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 2. Automobile coverage in the amount of the County's tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 3. Worker's Compensation in statutory amount. (if applicable) Prior to the effective date of this Agreement, the Grantee will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this agreement. This certificate of insurance shall be on file with the County throughout the term of the agreement. As a condition subsequent to this agreement, Grantee shall insure that the certificate of insurance provided to the County will at all times be current. The parties agree that failure by the Vendor to maintain a current certificate of insurance with the County shall be a substantial breach of the contract and payments on the contract shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the contract is provided to the County. -2- Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the County. 5. Data Practices: All data collected, created, received, maintained, or disseminated for any purposes by the activities of Grantee because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy. 6. Condition Subsequent: It is understood and agreed that in the event that reimbursement to the County from state sources is not obtained and continued at a level sufficient to allow the Grant, the obligations of each party hereunder shall thereupon be reviewed to determine the necessity of renegotiating all or parts of this Agreement. 7. Records Availability and Retention: Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Grantee agrees to maintain these records for a period of six (6) years from the date of termination of this Agreement. 8. Independent Contractor: Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights or benefits, including Worker's Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, shall accrue to the Grantee or employees of the Grantee performing services under this Agreement. 9. Nondiscrimination: During the performance of this Agreement, the Grantee agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, sexual preference or orientation, disability, marital status, public assistance status, criminal record, creed or national origin, -3- be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all applicable Federal and State Laws against discrimination. 10. Firearms Prohibited: Unless specifically required by the terms of this contract or the person it is subject to an exception provided by 18 USC§ 926B or 926BC (LEOSA) no provider of services pursuant to this contract or subcontractors shall carry or possess a firearm on county premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision is grounds for immediate suspension or termination of this contract. 11. Noncompliance by Grantee: If the County finds that there has been a failure to comply with the provisions of this Agreement, the County may terminate the Agreement at any time following seven (7) days written notice to the Grantee and upon failure of the Grantee to cure the default within the seven day period. The County will require the Grantee to repay the grant funds in full or in a portion determined by the County. Nothing herein shall be construed so as to limit the County's legal remedies to recover grant funds. 12. Termination: This Agreement may be canceled by either party upon thirty (30) days written notice. Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there is no Administrator. Notice to Townships shall be mailed to the Township Clerk. Notice shall be sent to the official business address of the City or Township. Notice to the County shall be mailed to: Department of Public Health and Environment, 14949 62nd Street N, PO Box 6, Stillwater, MN 55082-0006. 13. Merger and Modification: a. It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment and signed by the parties. 14. Force Majeure Events:: For purposes of this agreement, "Force Majeure" refers to an event that by its nature is -4- unforeseen, or, if it was foreseen, was beyond reasonable control by either party, and includes COVID-19. With a Force Majeure event of COVID-19, the parties agree to 1) make an attempt to reschedule any such municipally planned events impacted by COVID-19 included but not limited to community clean-ups, collection events, planned performances, and promotional campaigns, or 2) substitute the impacted event with other acceptable recycling efforts as outline in Exhibit A of this agreement. -5- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. GRANTEE BY TITLE DATE WASHINGTON COUNTY BY Lowell R. Johnson, Director Department of Public Health and Environment DATE APPROVED AS TO FORM BY: /S/ Stuart Campbell Ass't Washington Co. Attorney 4/26/2021 DATE: -6- Municipal Recycling Grant Guidelines 2021 Municipalities in Washington County are responsible for establishing and maintaining municipal recycling programs. The County provides educational, financial and technical assistance to local governments to aid these programs. The County's municipal recycling grant program assists municipalities with recycling program expenses. Grant funding levels are dependent on municipality household counts and recycling program activities. Municipalities are encouraged to apply for the maximum level of funding. Four levels of grant funding are available: 1. A base amount is provided to cover administrative and program expenses to sustain existing programs and covers the BASIC category of the recycling continuum. Base funding is dependent on the number of households in a community. 2. A second level, project funding, is targeted to specific grant projects that are related to achieving recycling goals and covers projects contained in the IMPROVED and ADVANCED categories of the recycling continuum. 3. A third level, incentive funding, is one-time special project funding for large projects or purchases that cannot be covered with project funding. 4. A fourth level, shared resources funding, is targeted to fund collaborations among municipalities. I. Eligibility Requirements In order to receive funding through the Washington County municipal recycling grant program, municipalities must meet the following eligibility requirements: 1. A municipality's curbside recycling program shall be established by ordinance or a contract with a recycling contractor and be in operation during 2021-2022. 2. Municipality must support State efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. 3. All multi -unit dwellings (4 or more units) must have recycling service available. 4. At a minimum, the municipality must meet or plan to meet the components under the BASIC category of the recycling continuum (see page 9). 5. At a minimum, municipal staff must participate in two recycling coordinator meetings and one meeting with PHE staff per year to develop the two year grant project work plan. 1 6. Supply Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities Law (if applicable) 7. Complete projects and performance measures outlined on the application or return funds for incomplete projects. 8. Complete the previous grant cycle expenditures and project final reports as well as submitted a complete application for the current grant cycle. 9. Continue to make progress along the municipal recycling performance continuum. II. Funding Application Municipalities must complete a funding application by April 1, 2021 to receive grant funding. Completed applications and yearly work plan must be submitted using the Re-TRAC Connect program. III. Grant Funding Allocation Funding is separated into four (4) categories: 1. Base funding: funding for activities that sustain the municipalities existing recycling program. This includes funding for administration of a recycling ordinance, resident questions, completing the municipal grant application, work plan and annual report, residential recycling information, website maintenance, and meeting the BASIC category of the continuum, which can be found on page 9. The table below shows how base funding is determined for each community. # of Households Eligible Amount for Base Funding <450 $1,500.00 451-1000 $2,500.00 1001-2000 $5,000.00 2001-5000 $10,000.00 5001-10000 $20,000.00 >10000 $30,000.00 Note: household data is retrieved from the Metropolitan Council's most recent population estimates. These estimates are the official population and household estimates for state government purposes, including how local government aid (LGA) and local street aid allocations are determined. Previous year estimates are prepared the following year and certified by July 15. 2. Project funding: funding to develop and implement new or expanded recycling projects that encourage movement along the recycling continuum in the IMPROVED and ADVANCED categories, found on page 9. A municipality is eligible to receive $0.50/household per project. A municipality may qualify for up to four projects per year. 2 3. Incentive funding: one-time special project funding for large purchases that cannot be covered with project funding. Incentive funding can be applied for after the April 15t 2021 grant application deadline so long as the municipality meets to discuss with PHE staff. Funding can be requested and utilized at any time during the 2021-2022 grant cycle. 4. Shared Resource funding: this is targeted to fund collaborations among municipalities. Municipalities participating in shared resource funding must designate one municipality to act as representative and fiscal agent to be liaison with the county. IV. Eligible Expenses Grant funds may be used for the following recycling related expenses: 1. Administrative (maximum of 75% of County grant funds effective 2022) • Salary and legal costs of personnel only while directly working on, part time or full time, the planning, implementation and promotion of eligible activities. • Salaries, benefits and mileage for consultant services or temporary help with prior written approval from PHE and must be related to eligible activities. • County -approved educators, performers, and municipal staff who help implement required education activities using County toolkits and standardized messaging. 2. Capital expenses • Event recycling containers (i.e. Clear Stream recycling) • Public space recycling containers (i.e. parks, trails, athletic facilities) • Recycling containers and education for municipally owned/operated buildings and internal spaces • Municipal (residents only) food scraps drop-off site (i.e. collection costs, signage, promotion) 3. Public Education and Promotion • Design, production, and distribution of flyers, brochures, newsletter articles, posters, advertisements, videos, billboards, audio (radio, video, television, theater), electronic (website and e-news) and other communication promotional items reaching at least 1% of population • Updating and disseminating Washington County flyers, brochures, newsletters, posters, advertisements, videos, billboards, audio (radio, video, television, theatre) electronic (website and e-news) and other communication promotional items • Development of promotional materials for a community event such as a clean-up day or road clean up event • The percentage of cost for a municipality's newsletter devoted to recycling • Environmental commissions and related expenses directly related to recycling and waste education (maximum of 25% of County grant funds) 4. Other 3 • Yard waste, recycling, or composting project (i.e. backyard composting promotion activities) • Reuse projects and promotion • Other expenses with prior written approval from the PHE V. Ineligible Expenses 1. Permanent, single sort, year-round recycling drop-off locations 2. Disposal expenses related to community clean up events or road cleanup activities such as wages to workers and hauling/disposal expense for trash or material collected and used as a fuel such as tires and used oil 3. Expenses for non -waste abatement, such as energy or ground water 4. Ongoing recycling or garbage service fees (collection, processing, transportation) 5. Costs for office equipment and supplies 6. Street sweeping expenses 7. Beautification projects or rain gardens 8. Lobbying and legal expenses 9. Food or refreshments 10. Funding currently budgeted or being provided by applicant VI. List of Standard Recyclable Materials to Be Collected Curbside for Single Sort Collection PHE created the list of standard recyclable materials to be collected curbside after researching current materials collected curbside by haulers as well as the availability of viable end markets for those materials. This list covers only the minimum materials recommended for residential curbside collection. A municipality may require the collection of additional recyclable materials. A municipality may choose how to enforce such as through ordinance or hauler licensing. At a minimum, the following materials must be included in the municipality's curbside program: Standard Recyclable Materials to Be Collected Curbside for Single Sort Collection Paper • Boxboard including corrugated cardboard (OCC) • Envelopes- window and metal clasps acceptable • Magazines and catalogs • Mail, office and school paper • Newspaper and inserts • Phone books Cartons • Milk and broth cartons • Juice boxes Metal • Food and beverage aluminum/tin/bimetal cans Glass 4 • Food and beverage bottles and jars Plastics • PET (#1) — water, soda and juice bottles — ketchup and salad dressing bottles • HDPE (#2) — Milk and juice jugs — Dish soap bottles and detergent jugs — Shampoo, soap and lotion bottles • PP (#5) — Yogurt, pudding and fruit cups — Margarine, cottage cheese and other tubs This standard list of recyclables for single sort recycling collection will be periodically reviewed and updated by PHE as additional materials and end markets become available. PHE may add materials to this list and require municipalities to begin collection of the new materials within one year of receiving notification from the PHE. VII. Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities Law As a condition of eligibility for the Washington County Municipal Recycling Grant funds, pursuant to Minnesota Statutes 115A.46, subd. 5 and 115A.471, all waste generated by municipal government activities, including, but not limited to city/town halls, public works buildings, parks, etc., and waste arranged or waste contract for on behalf of its residents (such as organized garbage collection), must be managed in accordance with the County's Solid Waste Management Plan and delivered to the Ramsey/Washington County Resource Recovery Facility in Newport for disposal. Failure to comply with this provision shall constitute a breach of the Municipal Recycling Grant Agreement. VIII. Reporting 1. Hauler Reporting The Minnesota Pollution Control Agency will collect tonnage reports directly from haulers on behalf of Counties and Municipalities. Reports will be collected on a quarterly basis and will have tonnage amounts for MSW/garbage, recycling and source separated organics listed for each County. To ensure data is provided to the State quarterly, municipalities are expected to continue their role in enforcing hauler compliance through existing ordinances, contracts or licenses with haulers. Municipalities are expected to exercise punitive actions, if needed. The final, compiled hauler reports will be available on the County's Re-TRAC Connect system for municipality's to view after the reporting period has closed. 5 2. Annual Work Plan Project Status Reports Municipalities receiving funding through the Washington County municipal recycling grant program must complete annual work plan project status reports. The annual report is a measure of a municipality's progress towards meeting components on the recycling continuum and on program expenditures. Annual reports must be completed by the municipality receiving the grant by mid -February of each year using the County's Re-TRAC Connect system. a. Work plan project status report: • project completion (yes/no) • performance measurements (minimum of 3 forms of measurement, as identified in work plan, should be reported) • description of information helpful to other municipalities desiring to replicate projects 3. Final Program Expenditures Report Municipalities receiving funding through the Washington County municipal recycling grant program must complete final program expenditures report at the end of the grant term. Reports must be completed to receive funding in future grant cycles. Components to be included in the final report includes the following: a. Program expenditures: Total program expenditures must equal total program revenue. • Administrative costs including — Direct salaries — Direct membership, training, subscriptions — Consultant services and or temporary help — Promotion — Design, printing and postage — Advertisements — Videos — Promotional items — Special events — Other (list and describe) • Capital Costs • Collection Costs (recycling grant funds cannot be used for collection costs) • Other b. For each line item on the report's expenditures sheet, indicate: • Total County grant funds used • City/Township funds contributed • % of County grant used for particular line item • Total expenditures IX. Recycling Performance 6 A municipality's performance will be evaluated based on information from the annual work plan project status reports, and reasonable effort towards reaching outcomes from work plan activities implemented and progression along the recycling continuum. PHE reserves the right to request documentation for information submitted. Failure by a municipality to demonstrate measureable progress towards one or more of the work plan goals will result in a Recycling Improvement Plan be submitted 90 days of being notified by PHE. The Plan must be negotiated with PHE and specify the efforts that will be undertaken by the municipality to improve its recycling program to achieve the identified goal in the work plan by implement strategies agreed upon by municipal staff and PHE. The plan should focus on components of the recycling continuum. Funding may be withheld until the municipality's Plan is completed and approved by PHE. X. County Responsibilities 1. Grant documents PHE will provide the grant application and work plan by January 1st for each municipality to use to request grant funding and to develop project work plans. PHE will also provide the annual report for municipalities to report on their recycling program. Annual reports are available year round. 2. Meetings PHE staff will continue to host quarterly recycling coordinator meetings and will make meeting materials available on the City Recycling Resources webpage on the County's website. PHE staff will also continue to coordinate individual work plan meetings with each municipality to identify grant projects. 3. Technical assistance PHE staff will help identify if and how additional technical assistance is needed. 4. Payments Grant payment will be made in two installments, which is to be used for recycling program expenses in 2021-2022. The payment will be made within 60 days of execution of the Recycling Grant Agreement. 5. Recycling tonnages Recycling tonnages for each municipality will be collected by the Minnesota Pollution Control Agency (the State) from the community's recycling hauler(s) on a bi-annual basis. Reports are available on the County's Re-TRAC Connect system. 6. Residential recycling survey If requested, PHE will assist in the development of a survey on residents' recycling knowledge and behavior for municipalities to promote and distribute regularly. 7. Online recycling information and best practices PHE will maintain the City Recycling Resources webpage on the County's website for use by municipal staff to obtain information on recycling best practices, learn about other grantee projects, track recycling coordinator meetings, and access templates and other educational information designed specifically for use by municipalities. 7 8. Commercial Recycling PHE has a separate funding mechanism to promote and support recycling in the commercial sector. This program is called BizRecycling and more information can be found at www.bizrecycling.com. 9. Recycling in multi -unit dwelling (4+ units) PHE has a separate funding mechanism to promote and support recycling in multi -unit dwellings. More information and ways to access this program can be found on www.bizrecycling.com. Supplemental documents required upon application submittal: ❑ Current waste and recycling ordinance(s) (if applicable) ❑ Current waste and recycling contract(s) (if applicable) ❑ City/Township council meeting minutes (if applicable) ❑ Verification of public entities law (Minnesota Statute 115.471 and 115A.46) (if applicable) ❑ A certificate of insurance indicating the municipalities' general liability limits as indicated in Section 4 of the Agreement. Please be sure to include the certificate with the application and not have it sent separately by your insurance carrier. 8 Washington County Municipal Recycling Grant Continuum BASIC IMPROVED ADVANCED Administrative Administrative Administrative Actively participate in municipal recycling grant program Engage in professional development around recycling best practices Provide professional development opportunities to municipal leadership and staff on recycling best practices Participate in a minimum of two recycling coordinator meetings per year, either virtually or in person Develop partnerships within the community to create more widespread knowledge of recycling best practices Develop partnerships with other municipalities Sustain a curbside recycling program by ordinance or contract Update solid waste/recycling ordinance and/or contract with assistance from county to meet current state requirements and language Update solid waste/recycling ordinance and/or contract with the assistance from the county to expand and require recycling best practices Require collection of standard list of recyclables updated annually by the county Support community wide efforts to increase recycling of non- standard items Adopt municipal policies to support waste reduction, reuse, and recycling Support state efforts in obtaining hauler reports through ordinance, contract or license requirements Capital Expenses Capital Expenses Capital Expenses Replace worn/torn/missing signage or updated signage provided by the county Provide recycling in municipally owned/operated public spaces Establish municipal drop locations for use by residents for items not available for curbside pick-up Provide recycling in municipally owned/operated buildings (non public facing) Develop programs that target reuse Replace worn/torn/missing signage Expand away from home recycling opportunities, such as fairs, parks, athletic fields, arenas, and recreation centers Education & Information Education & Information Education & Information Establish and maintain web page with recycling and waste information for residents and businesses that at a minimum provides hauler and collection information, city disposal locations, and city container requirements Improve and maintain information on web page to encourage waste reduction and reuse Provide recycling and waste information to new residents in the community Share designated county created communications or link, and maintain links, to them on county web page Encourage backyard composting and provide information on county's compost bin/rain barrel sales Establish recycling targets for the community Encourage special events in community to utilize the county's special event resources Store county provided Clear Streams recycling containers and Special Events toolkits for use by community Reach 1% of resident population with municipal waste and recycling information and programs Provide recycling and food scrap containers for events hosted or sponsored by the municipality or located on public property Encourage reuse opportunities and provide outreach on environmental benefits of reuse Establish reuse incentive programs or equipment library Multi -Unit Dwellings Multi -Unit Dwellings Multi -Unit Dwellings Ensure all multi -unit dwellings (4 or more units) have recycling services available Provide educational materials to interested properties and refer property managers to Washington County staff Target education to multi units and/or property managers Host clean-up event for multi -units Coordinate clean-up events for multi -units based on multi -unit turnover MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, ublic Works Director / City Engineer DATE: April 28, 2021 SUBJECT: Supervisory Control and Data Acquisition (SCADA) Upgrade Background The Public Works (Water Department) Department budgeted $150,000.00 to upgrade the Water Department SCADA System. SCADA is a computerized system that monitors activity, reacts to conditions and performs control actions at our well locations. The current system at the Water Department is out of date and transfers data from the wells to the water department building via telephone. The upgrade will switch data transfer to radio frequency, and combine systems with the SCADA at Public Works. The upgrade will include the Public Works HMI PC, and antennas at the well houses. Discussion Staff received two quotes with Telemetry Process and Control being the low bidder at $108,000.00. Staff currently works with Telemetry Process and Control on the Sewer SCADA System. Recommendation Staff recommends the approval of the low bid from Telemetry Process and Control of $108,000.00 plus a $12,150.00 for battery backups at our well houses, water department building and Public Works along with a new computer through the IT department. Funds will come from the Water Capital Outlay budget. liwater THE BIRTH P L A C E OF MINNESOTA City Council REPORT DATE: April 30, 2021 CASE NO.: 2021-13 HEARING DATE: May 4, 2021 REQUEST: Vacation of Drainage and Utility Easements LOCATION: 8483 Marylane Avenue North LANDOWNER: Mark and Marlene Pavlick DEVELOPER: Jeff and Missy Hause representing JAM Freedom, LLC COMPREHENSIVE PLAN: LMDR, Low/Medium Density Residential ZONING: AP, Agricultural Preservation REPORT BY: Abbi Jo Wittman, City Planner BACKGROUND On April 6, 2021 the City Council held a public hearing to consider a preliminary plat request from Jeff and Missy Hause to develop 8483 Marylane Avenue North into Marylane Gateway Addition, a six lot residential subdivision. A part of the request was for consideration of the vacation of drainage and utility easements associated with the existing property as the developer is proposing new drainage and utility easements to be associated with the new plat. However, there were errors in the noticing of the hearing specific to the easement vacation. Thus, the City has conducted a new legal noticing process to be compliant with statutory requirements. SPECIFIC REQUEST The applicant has requested the city to approve Vacation for existing drainage and utility easements associated with Lot 1, Block 1, Rivards Addition. EVALUATION OF REQUEST The existing Rivard Addition platted drainage and utility easements were designed to accommodate drainage for that property; this is represented in red on the attached Preliminary Plat. The property is being platted into six new lots and those new lots will each have their own new drainage and utility easements. Therefore, the vacation of the existing drainage and utility easement will not be detrimental to the public. The existing and future drainage and utility needs will be accommodated with the new plat. CPC 2021-13 May 4, 2021 Page 2 The vacation of the existing drainage and utility easements shall not become effective until after final plat approval. The easement vacation documents shall be reviewed and approved by the City Attorney. The easement vacation shall be recorded with Washington County prior to the recording of the final plat. ACTION REQUESTED The developer requests the City to approve the drainage and utility easement vacation. ALTERNATIVES The City Council has several available alternatives: 1. Approve — If Council finds that the information submitted is sufficient then Council should adopt the resolution approving easement vacation request. 2. Deny — If the Council does not find request is sufficient, then the Council should deny the request. 3. Table for more information. RECOMMENDATION Both the Planning Commission and City staff recommend approval of the Drainage and Utility Easement Vacation. Attachments: Site Location Map Preliminary Plat (dated 2-25-01) Resolution cc Jeff and Missy Hause 1. ...., ..., 12191 3 1 3490 '' " - ,________, 3 '> ir 489 -f IIIwater "�.OF 2054 12 -, COUNTY g }�� # F `►'° as'1 1221 M r t' 9 .---ROAD 64 - 4 3484 34 3487 j) Lt s� 3481 87TF� • 3483 3481 34 _MCKUsICK ROA] The Birthplace of Minnesota Site Location .„ _ __- __.il,,,, +4°h , -v _ - -ti "- __ d-N� ..=��a��'���.". � 8483 Marylane Ave N 1472 1478 1484 _Z49 k 1498i 1465 � 1479 1497 y 8483 P "a •4 1468 Iv 1474� 1 14 1462 COURT 1456 1465 11475- Ce '1450 it �� 1460 1465 0 125 250 50Feet 1445 1491 I_I.'. 1452 1445 0 1447 Z, ' m • General Site Location 1435 1435 _• 1 1444 0\�. _ �°444 -G 1429 ' J. IIP � I ■.► ■A1r —111 ae.. . 3690 1425 8399 1 I 3650 r ' 1436 '�� •14t3B, �11i�� NIE.6 � �, 1111 i nLt 11 , e�IIP ... �O / 1 � ►.__, ` ., 'V" .,I 0 363 K 14251428 142 f 1426 / ifiii� �Ij J vi ri ": �� \�• �: ®®® 3710 �, 365 3702 / ,'� $ 7 1420 �•�� 1��� �1190" ��.,II i� .ni. r�, .��`I ..4.1" �� `�•ih ,F T ®® C+�/ I ,; 1, I _ 362 .It. 3694 1 .. ,, ate;;, 8 .`0111 l �� rl1��- ®m�` memeam ®�i N, '1615 3686 ,,�,. "3611 36? \\- 4T: -* . �J ` tl7411��+A 1 ■e — 8337 /336 3678 m .1is alewhi •Q1.ii a�I ipli � tl 3632 3610 ;3604 • 3620 1330 :. p -: _ M- ^' . ` �� 11/�� �.. .. �,�11 '` i�! M.Mif �I 1 L..-- o = , y A. 3650 -8325 , 10 3 �" . -1. I, 1,/ / I /--/ / / \ / / -. / / / / \ / VA / ♦ / l / / / V \ / / l / l V / / // / / / \ / / r l / I A/ r\ / .1 -I- /-r / I/I/ /-- / , I / / 1/ V V l L_ / 1 / A / / \ / / / / V l i , EXISITNG LEGAL DESCRIPTION: PRELIMINARY PLAT \„ / / / ---v61 -1 /6� 9/4 9/2 V v X 919.6 91I.0- -\ v 909.6- 30"RCP »_ » 9�6 909.2 - 6 v 909 909.4 - V v 0 X I A / A i / 1/ A//\ / I /--/ / / \ / / -, V V / I / / / / / V \ x909.0 9 9,5 909.7 0 I= 1� MCKUSIK ROAD N. C.S.A.H. NO. 64 -/ i \ A / / / / / \ / / \ / / V \ i\ 1 / A / -/ \ / \ / \ / \ / / V / / /„/ /-/- /- r / / -, /- -/ / / I / \ / / / / INGRESS AND EGRESS 91E3 EASEMENT PER DESCRIPTION I'A1" -_ __ i\ r- / / /- - \. / A / i \ /\/ / / / V \ / , - 918.7 10' DRAINAGE UE #27 UG 909.6 X908.2 X906.5 X905.9 -905.7 / r 7 / \ / / / / / / \ - 132.2 r, r, ., I A / A / I A / A 1 / I / I / / I Y V V / I / , 1 A / / / /_1 L _ / I I-< F r / / I/I/ / \ / L / / 1 \ / V V / V ♦ / 0,0 8 917.8 / / / / PER "AT UG 915.8 X r 4"E 9 UE 0 9? 1 ai 1 DECK \ r, r- r- / / / r /- - /- - i- - S'LY LINE OF FORME x FENCE r-#3 UG #30-�-uG u \ EM GM 917.5 EXISTING 0 % HOUSE FLO R =9I8.8 I GM .6T i 10 6W V/ O //q�l . • •� P••/(.5( Q OL / Q 9/ / I' / C5 ql I 9; 7 rIe0 . FLOOR Vs X911.81 .con • / =911.1 q\ I 238.16 9/j 917,3rw 9. 2 w-909.IBW 9J12T11L '31-9yet-911I.2TW.OBW I 909.IBW FENCE // g16g16.1 i U -,- r , A / / / /-r / I / / / L _ 25.00 DESC. WELL -917.OTW -915.8:Wg15.3BW W ar .9TW 00 BB - HOOP #32 16. I I- - 917.6 // o #42 FOUND 1/2 INCH 20 IRE if i r KED RLS R'� 0.5" N. Ng I RCEL (i��'• ER a/ -O.q iiiia fs 4l 1 SHE I #34Pi 1 \.." ." 4. #3 o2� I #33 MYX s_/L /// q08 FOUND 1/2 INCH'/ 2 / IRON PIPE X907.0 X907.6 MARKED 0.1" N. AND 0.2' E. OF X 905.8 PARCEL CORNER g'ss g06.7- X905.8 X 904.9 270.66 N89°14'12"W X 905.3 3 BLOCK 1 akSB g05.43 270.16 N89°14'12"W N89°14'12"W 269.66 905.2 ------ -- EASEMENT VACATED -221r7°13 DOC. N0. 42221g1 / _ _ - X904.8 0,0 '3 1 +90 L STMH 96 '- BURRED 7.5 ' D+U EASE 7.5 ' D+U EASE g08.7X X908.2 X909.8 g08.1 21M=906.6 PLAN INV=901.6 N PLAN FL00R =912.2 LFLOOR 908.9 A EXISTING HOUSE 269.16 89°14'12"W DRAINAGE AND UTILITY EASEMENT PER PLAT ----�9a6.T /'1/ / 907.9--- 909.3 . �68.66 0 N89°14 +12 W 90 8' X9075 X 905.8 X907.5 X907.1 X905.6 X905.5 /'li/ 1- / L_ 906 L/ X906.1 D+U EASE S�RIMARY 04.g0 g �4.g0 FOUND 1/2 INCH IRON PIPE MARKED 0.1 AND 0.2" // PARCEL / #40 908.1- D+U EASE #I9 D+U EASE X907.3 X906 X907.1 X. 906.8 c, Xg06.7 10 CB rn` RIM=906.0 INV=901.5 PLAN I A / /;/ .. + X905.3 90 / 0 0 FOUND 1/2 INCH IRON PIPE 0.1" N. OF- AND 0.1 PARCEL CO 0 0 X 0 „ 06.3 X 906 / STMH X905.0 BURRIED R RIM=906.7 a`) NV=901.1 W PLAN 904.1 904.0 0 \9 0 9/6, 9/4 0 r� ACI EM ET 7 O 0 0 O or or MANNING AVE FOUND MONUMENT 1/2" IP MARKED RLS 15480 SET 1/2" IRON PIPE MARKED RLS NO. 25718 CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER LIGHT POLE GUY WIRE POWER POLE GAS MANHOLE GAS METER TELEPHONE MANHOLE TELEPHONE PEDESTAL SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN STORM DRAIN O red X 950.0 O UNDERGROUND UNDERGROUND UNDERGROUND WATER VALVE BOLLARD FLAG POLE MAIL BOX TRAFFIC SIGN UNKNOWN MANHOLE SOIL BORING SPOT ELEVATION TRAFFIC SIGNAL CONIFEROUS TREE DECIDUOUS TREE FLARED END SECTION STORM MANHOLE FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER WELL WATER MANHOLE WATER METER POST INDICATOR VALVE ELECTRIC CABLE TV FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] 1230 CONTOURS /////////////// BUILDING LINE BITUMINOUS SURFACE CONCRETE SURFACE VICINITY MAP S.T.H. NO• 616 DELLW000 RD• CREEK (CO. RD. N0. 64) MCKUSIK RD. SITE BOUTWELL RD N NOT TO SCALE SEC. 19, TWP. 30, RNG. 20, WASHINGTON COUNTY, MN PROPOSED DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: (NOT TO SCALE) UNLESS OTHERWISE NOTED D+U EASE f DEVELOPEMENT DATA TOTAL PARCEL AREA = 1 1 1 ,756 SQ. FT. LOT 1, BLOCK 1 LOT 2, BLOCK 1 LOT 3, BLOCK 1 LOT 4, BLOCK 1 LOT 5, BLOCK 1 LOT 6, BLOCK 1 = 25,635 SQ. FT. = 16,859 SQ. FT. = 1 7,364 SQ. FT. = 17,332 SQ. FT. = 1 7,299 SQ. FT. = 1 7,267 SQ. FT. EASEMENT VACATION BUILDING SETBACKS: FRONT = 30' SIDE = 10' REAR = 25' MAX 30% LOT COVERAGE THE FOLLOWING REQUEST TO VACATE ALL EXISTING DRAINAGE AND UTILITY EASEMENTS COVERING THE EXISTING LOT 1, BLOCK 1, RIVARD ADDITION. NEW EASEMENTS WILL BE DEDICATED ON THE PROPOSED PLAT OF MARYLANE GATEWAY ADDITION. Those particular Drainage and Utility Easements over all of Lot 1, Block 1, as dedicated on the plat of RIVARD ADDITION, Washington County, Minnesota. SEPTIC/WELL EXISTING SEPTIC AREA TO THE WEST OF THE HOUSE NOT LOCATED. NO ADDITIONAL INFORMATION ABOUT THE SEPTIC SYSTEM WAS PROVIDED. WELL SHOWN EAST OF THE HOUSE. CALL BEFORE YOU DIG! Gopher State One CaII TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 The following Legal Description is as shown on the St. Croix Title as agent for Old Republic National Title Insurance Company Title Commitment No. P22405-21-P2579, dated January 25th, 2021. 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 (1 25') 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. EASEMENT NOTES: The following survey related exceptions appear on the St. Croix Title as agent for Old Republic National Title Insurance Company Title Commitment No. P22405-21-P2579, dated January 25th, 2021. 7. Subject to the Slope Easement per Doc No. 728080. 8. Subject to the Highway/Drainage Easement per Doc. No. 728081. 9. Subject to the Washington County Highway Right of Way Plat No. 83 - Co. Rd. 64, per Doc. No. 7141 83. 10. Subject to the terms and conditions of a Vacation, vacating the public drainage easement per Document No. 4222191. 1 1 . Subject to the Resolution of Zoning Ordinance Amendment - Washington County Ordinance No. 89, per Doc. No. 670563. EASEMENT "A" And also an easement for ingress and egress described as follows: A strip of land Thirty-three (33) feet in width lying Thirty-three (33) feet Westerly of the following described line, to -wit: Commencing at the Northeast corner of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section Nineteen (19), Township Thirty (30) North, Range Twenty (20) West which is the point of beginning of the easement line to be described; thence Southerly along the East line of said Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) a distance of Thirteen and four -tenths (13.4) feet and there terminating. EASEMENT "B" And reserving an easement for ingress and egress described as follows: A strip of land Thirty-three (33) feet in width lying Thirty-three (33) feet, Westerly of the following described line, to -wit: Commencing at the Northeast corner of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section Nineteen (19), Township Thirty (30) North, Range Twenty (20) West; thence Southerly along the East line of said Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) a distance of One Hundred Thirteen and four -tenths (113.4) feet to the point of beginning of the easement line to be described; thence continuing Southerly along said East line of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) for One Hundred Twenty-five (125) feet and there terminating. AREA: TOTAL AREA AS SHOWN = 1 1 1 ,756 SQ.FT. / 2.57 ACRES SURVEY NOTES: 1 . BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE WASHINGTON COUNTY SURVEYORS OFFICE. NAD 83 2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND AS-BUILTS PLANS PROVIDED BY THE CITY OF STILLWAER PUBLIC WORKS DEPARTMENT. 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. UNDERGROUND UTILITIES NOTES: THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPROMISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. GOPHER STATE ONE CALL LOCATE TICKET NUMBER 210190165. SOME MAPS WERE RECEIVED, WHILE OTHER UTILITIES DID NOT RESPOND TO THE LOCATE REQUEST. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST. Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey MARYLAN E GATEWAY ADDITION CONTACT: JAM FREEDOM, LLC C/O JEFF HAUSE 613 1 55TH AVE SOMERSET, WI 54025 651-439-0189 COUNTY/CITY: !!!f!, NORTH 30 60 DATE REVISION 2-12-21 INITIAL ISSUE 2-25-21 PRELIMINARY PLAT CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Daniel L. Thurmes Regist ation Number: 25718 2-12-21 Date: PROJECT LOCATION: E3 PID#1 903020320050 1 CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. PRELIMINARY PLAT RESOLUTION NO. 2021- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING A PUBLIC DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN THE CITY OF STILLWATER, MINNESOTA WHEREAS, pursuant to Minn. Stat. § 412.851, on petition of the landowners, with a majority vote of its members, the City Council may vacate any street, alley, public grounds, public way or any part thereof within the City by Resolution; and WHEREAS, Mark and Marlene Pavlick ("Landowners") petitioned to vacate the public drainage easement over property at 8483 Marylane Avenue North, Stillwater, Minnesota, which is legally described on the attached Exhibit A; and WHEREAS, a notice of a public hearing on said vacation was duly published, posted and mailed in accordance with applicable Minnesota Statutes and a public hearing was held on said vacation at the City of Stillwater, 216 Fourth Street North, Stillwater, Minnesota; and WHEREAS, the City Council of Stillwater then proceeded to hear all persons interested in said vacation and all persons interested were afforded an opportunity to present their views and objections to the granting of said vacation; and WHEREAS, the City Council of Stillwater has determined that the vacation would be in the public interest. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater: 1. That the City of Stillwater, pursuant to Minn. Stat. § 412.851, hereby vacates the public drainage easement situated in the City of Stillwater, County of Washington, State of Minnesota, legally described on the attached Exhibit A. 2. That said vacation has no relationship to the City's Comprehensive Plan and therefore the Stillwater City Council has dispensed with the requirements of Minn. Stat. § 462.356, Subd. 2, that may require the Stillwater Planning Commission to perform a Comprehensive Plan compliance review of said vacation that may constitute a disposal of real property pursuant to § 462.356, Subd. 2. 3. That the City Clerk shall prepare a notice to be presented to the Washington County Auditor reflecting the completion of the proceedings herein. 1 Adopted this day of , 2021. By: Ted Kozlowski Mayor By: J. Thomas McCarty, Acting City Clerk City Clerk 2 EXHIBIT A LEGAL DESCRIPTION OF PUBLIC DRAINAGE AND UTILITY EASEMENT TO BE VACATED Those particular Drainage and Utility Easements over all of Lot 1, Block 1, as dedicated on the plat of RIVARD ADDITION, Washington County, Minnesota. A-1 liwater THE BIRTH P L A C E OF MINNESOTA City Council REPORT DATE: HEARING DATE: LANDOWNER: REQUEST: April 30, 2021 May 4, 2021 Jon and Ann Whitcomb Zoning Map Amendment (ZAM) to rescind TR, Traditional Residential zoning, and change the AP -zoned property to RA, One Family LOCATION: 12950 75th Street South CASE NO.: 2021-18 COMPREHENSIVE PLAN: LDR, Low Density Residential ZONING: AP, Agricultural Preservation TR, Traditional Residential REPORT BY: Graham Tait, City Zoning Administrator Abbi Jo Wittman, City Planner BACKGROUND Jon and Ann Whitcomb had submitted an application (Case 2020-54) for rezoning, preliminary plat and associated variance approval of a 14-lot single family development to be known as White Pine Ridge. Originally the rezoning for this lot was from AP, Agricultural Preservation, to TR, Traditional Residential. The rezoning was conditionally approved; the Final Plat must be approved prior to the rezoning becoming effective. To the date of memo development, the Final Plat has not been approved. Thus, the property is still zoned AP, Agricultural Preservation. After embarking on this project the developer has noticed that a majority of the houses they intend to build and sell would need variances. In lieu of granting each property a variance, changing the district to RA will bring the proposed houses into conformity and no longer needing multiple variances. SPECIFIC REQUEST The applicant has requested the City consider rescinding their TR, Traditional Residential Zoning District approval, and rezoning the AP district to the RA, single-family district. EVALUATION OF ZONING As you can see in the chart below, the TR and RA zoning districts are extremely similar in minimum requirements. In fact, in most ways the RA zoning district has stricter requirements. CPC 2021-18 May 4, 2021 Page 2 However, based on the architect's plans the TR district does not work because they can't meet the requirement that 75% of front -facing garages must have the garage setback at least 6 feet from the front line or porch line of the house. Massing Standards: Traditional Residential vs One -Family Minimum Standards Current Zoning Proposed Zoning TR RA Lot area: single-family 10,000 sf on average 10,000 sf Lot width: single-family 65' 75' Lot depth NA 100' Lot frontage on public road 35' 25' Front setback: house 30' 30' Front setback: garage 27' 1 front facing; 20' side facing 30' Side setback: house 10' 10' Side setback: garage 5', or 3' if in the rear 10' 2 Rear yard setback: house 25' 25' 3 Rear yard setback: garage 3 25 Maximum lot coverage N/A 30% If these properties are rezoned to RA one -family lots, it is questionably nonconforming. Lots 4 may be below the required lot width4 of 75'. 1 Lot four has a lot width of only 65' at the halfway point, but this property has approximately 140' of frontage. Additionally, and maintains a width of over 75' for the front 117' of the property. As midway is defined as in or toward the middle of something, staff argues the Lot conforms to the intent of the Zoning Code and a variance would not be required. The rest of the lots will be in full compliance with the regulations of the RA district.5 FINDINGS REQUIRED. Prior to making a recommendation for approval or modified approval of a proposed amendment to the city council, the commission must first find that: A) The public necessity, and the general community welfare are furthered. Rezoning the AP district to the residential district (such as the RA district), is part of Stillwater's goals for phased growth and development. B) That the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. The 2040 Comprehensive Plan's Future Land Use Map indicates that this property is for Low Density Residential development. And just like the TR District, which is classified as 1 75% of front -facing garages must have the garage setback at least 6 feet from the front line or porch line of the house. 2 Where there is an attached garage on one side of the dwelling, the garage setback is five feet, provided no habitable space is above the garage. 3 An accessory structure located entirely in the side or rear yard at least six feet from the main building, may have a minimum side and rear yard of five feet. 4 Lot width is defined the distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines 5 Case 2020-54, Condition of Approval #30 states that the width of Lot 10 shall be amended to 35' CPC 2021-18 May 4, 2021 Page 3 low density future land use, the RA District will correspond to the guided LDR density as well. Therefore, RA is an appropriate zoning district for this situation. ALTERNATIVES The City Council has several available alternatives: 1. Approval — If the City Council finds that the information submitted is sufficient and that the preliminary plat is consistent with the Comprehensive Plan, compliant with City Code, and is not detrimental to the neighborhood, then the Council should move to approve the rezoning 2. Deny — If the City Council does not find that the preliminary plat is consistent with the Comprehensive Plan, compliant with City Code, and is detrimental to the neighborhood, the City Council can deny it. 3. Table for more information. RECOMMENDATION City finds the proposed Zoning Map Amendment is in conformance to the standards set forth in City Code and recommends approval of the Zoning Map Amendment (ZAM) to rescind Ordinance No. 1158 authorizing the rezoning to TR, Traditional Residential Zoning, and change the District to an RA, One Family Zoning District Attachments: Site Location Map Applicant Narrative Examples of Houses handout Ordinance cc Jon Whitcomb f � 1�1 �T�� /\ 1 / I 1 11 tea' ,- a ''- '{r U w-., i�c- • "` .. "� . ' . , 1 . y y_� -10 (water 1 Ilk � d e �.: '�11M. . l t "'AP-- x" ,, 4'1. c. The Birthplace of Minnesota MI _ •-'' 3295O ST NSTH' - * �► ,ry • Site Location 12950 75th Street e2 Subject Property Map North 3 I�2 12764 ��,,, 7990 7979 —" 12840 7959 7960 3325 7960 m - \ 7959 7930 7880 7879 . F, 940 4 7939 7939 12440 7750 7760 7770 7790 7819 1 •97 7919 7890 7897 12450 = 0 460 920 1 840 12430 '"H MINAR LANE NORTH 7789 7850 7857 Feet 7730 12420 ° 7775 7760 7759 7817 General Site Location 7710 12340 T TTTH STREET NORTH w 7729 A rt gr, • aomilt� �� %' 12380 12421 s 7680 7685 7720 350 71:1-/ II 1 IIIIh erit. � I ..—. nix -i a- \ ,C NY. 12345 NORTH 12377 7660 7625 7610 7699 12950 12960 c 11111 r, / 12363 miNnR AVENUE.7669 7640 7609 7639 � ��It, ��• .v all , ���� �� J% I��41 ���`;' 1 imrllIIPIr �� r■ w rEM . ®.® �.4. A ® 1 7520 _.• 250 ._wICJ Z 1 12360 12490 12530 3AH 2 EE- 1�, �1>L/�/ �;-� �V -i1` �� sTH STREE( NORTH NORTH •�o`11L�� � � JI 1 rll�lrn ■■� ®® �tr� \\ , � �'� 12721 ■ le ilia .y y '' :, I i ®�� . . It 105 =O� 12975 : _�m�11�+r1; •107 :FA_ `` i r 115 - • III y - �( : ■ *4'r— :1JRri k. White Pine Ridge Planning Narrative Jon and Ann Whitcomb are requesting that the zoning district their property is brought into the City be changed from TR (Traditional Residential) to RA (One family). The home builder that has purchased the new subdivision of White Pine Ridge determined that the homes they have planned to build and are in the process of selling do not meet the TR restrictions. A variance would be required for many of the homes that they intend to build, instead of attempting to obtain variances, it was determined a better solution to rezone the property before that was needed. With the RA district the homes being built will fit the zoning district and will not be in need of requesting variances. See attached proposed home plans: Stonegate Builders - Geneva floor plan 4-6 Bedrooms 4-5 Baths 3 Car Garage 2,952-4,860 Sq Ft Rendering - Elevation A Actual Picture DINETTE GREAT ROOM 1341,17, KITCHEN COVERED PORCH 19'-046, 3 CAR GARAGE Rendering - Elevation D OWNERS SUITE 148•X 18'A• BEDROOM 4 10'$• X 12'8• OWNERS ENSUITE BATH 15SX &0' 36.1 BATH W.I.C. 9,7 XB'S BSAuf!E SaTH HALL BEDROOM 3 10.S X 12'A• BEDROOM 2 11'g X 12'd• www.stonegatebuilders.com/home-plan/geneva Stonegate Builders - Palmer floor plan 1-5 Bedrooms 2-3 Baths 3 Car Garage 1,864-3,342 Sq Ft Rendering - Elevation A OWNERS@ USUITE GREAT ROOM DINETTE Actual Picture KfTCHEN ee i 6 MUD ROOM FLEX ROOM HALL FOYER 3 CAR GARAGE Ec.T COVPDPORCH Rendering - Elevation B FUTURE EEC ROOM OPT UNFINISHED MECH/STORAGE FUTURE GAME ROOM B LL BATH FUTURE GUEST BR FUTURE GUEST BR 2 UNESCAVATED UNESCAVATED www.stonegatebuilders.com/home-plan/palmer Stonegate Builders - Marion floor plan 4-5 Bedrooms 3-5 Baths 3 Car Garage 2,656-3,870 Sq Ft Rendering - Elevation A Actual Picture Rendering - Elevation B 1,1011.11, OWNERS SUITE 15-0^ x 1T 2^ BEDROOM 3 10'-8"x 11-4" ni -WNER$ ENSUITE BATH u•-a.a•s LAUNDRY 6 W.I.C. TA' x 1a-v LOFT 19'-0"X 1P$ HALL BATH 1 BEDROOM 2 1 U-r x 1 T-0" BEDROOM 4 11'-4" X 15.-0" www.stonegatebuilders.com/home-plan/marion g Stonegate Builders - Pepin floor plan 5-6 Bedrooms 5 Baths 3 Car Garage 4,481-5,154 Sq Ft Rendering - Elevation A Actual Picture GREAT ROOM 16'dx 1E4Y �YkL�'iffi DINETTE Nd X WIT GOURMET KITCHEN FOYER o PANTRY FFEP DIMING ROOM FLEX ROOM lznxma Pal �xr e. e. 3 CAR GARAGE Rendering - Elevation D [BEDROOM4 1 IllyLim LOFT OWNERS 1sSUITE wia LUXURY ENSUITE BATH £E BEDROOM 3 BEDROOM 2 www.stonegatebuilders.com/home-plan/pepin Stonegate Builders - Harriet floor plan 5 Bedrooms 5 Baths 3 Car Garage 4,287-4,981 Sq Ft Rendering - Elevation C GREAT ROOM x20-0• FOYER DINING ROOM 10'-0• x 12'-0• T.� CON). PORCH 0 0' DINETTE 14'-0• 1110-6 GOURMET KITCHEN II 7 LEX ROOM m-0. ,0.s MDR PANINV 11 Actual Picture 3 CAR GARAGE It BEDROOM 3 13'-0" X 13'-0" LAUNDRY BEDROOM 4 13'-0' X 17-0" Rendering - Elevation D W.I.C. FSX5'-0 J8J BATH ENSATTHUITE B BEDROOM 2 11'-6" X 17-0' OWNERS SUITE 14.-0" X 16'-6" BOX VAULT LUXURY ENSUITE BATH www.stonegatebuilders.com/home-plan/harriet ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS BY RESCINDING ORDINANCE NO. 1158 AND REZONING APPROXIMATELY NINE ACRES TO RA. ONE -FAMILY RESIDENTIAL Case No. 2020-54 The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The zoning of the following property, visually represented in Exhibit A is hereby amended to RA, One Family Residential: The south 1373.77 feet of the East Half of the East Half of the Northeast Quarter of Section 30, Township 30, Range 20, Washington County, Minnesota; excepting therefrom the north 58.61 feet of the west 268.95 feet of the south 1373.77 feet thereof; also excepting therefrom the west 80.00 feet of the south 720.00 feet thereof; also excepting therefrom the east 245.00 feet thereof; and also excepting therefrom all that part which lies southerly of "line 3" as described as follows: "Line 3" is 75.00 feet northerly of and parallel with the following described centerline: Commencing at the Southwest corner of said Northeast Quarter; thence North 01°04'48" West, assumed bearing, along the north -south quarter line of said Section 30 a distance of 38.03 feet to the beginning of said centerline; thence North 81°50'36" East, a distance of 1,395.68 feet; thence Easterly a distance of 1,279.97 feet along a tangential curve concave to the South, having a radius of 5,729.58 feet and a central angle of 12°47'59" and a chord bearing of North 88°14'36" East to a point on the East line of said Section 30, said point being 262.54 feet Northerly of the east quarter corner of said Section 30, and said centerline terminating at said point Section 2. This Ordinance shall be in full force and effect from and after publication according to law. Section 3. This Ordinance shall not be published until the Final Plat for White Pine Ridge is approved by the City Council. Section 4. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 4th of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Exhibit A �rr'.r-i .� Y T. i h} 'k! ,Irk,5 ` ' "' : 1�. r� • R ,� lA e Site 12950 (\ CI II!water_ — alrth�lar� Location 75th Subject W � Minnola Map Street North Property J 127E4 ii11 7979 1 2 7350 3325 960� ► . 7959 7930 7880 7879 7540 7939 7939 , 2440 77 779 9 7 791.9 �� 7897607770 �_1245Q 12 778 ■ ■ 7857 o wo ea m 7730 �7850 /�l 7817 - - - - • - 17750 2420 7710 7759 ni1111 ■■ r■ 1 N117iIF;7 7. 1 .; :.. • 11111 I •\ • 12330 7630 7635 7723 iiki, 350 .. 1�- lil nil. ' �� 1�V4'-�i^• 2421 12345 123E3 12377 7560 OM 75 0 thin CIL 12550 12930Is t:1it .� giIIIkfJrI 11,0 , . � F 12360 12490 2530 .1 llialmm 250 1.1:;!Al.:,..' ,!! Alb' . ! y 116 105 via*175 2Pik �_ Ai i,•"�.4V_. � i �F. IJ = — T.,ti::!!;!.. LJ 'i,MI'• ~r��::tiic4F.,10 61 illwatei THE H I R T H P L A L E [I F M INN E S B! A PLANNING REPORT TO: City Council REPORT DATE: April 30, 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 61-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 61 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 2"d 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. Their advice is included in the attached report from Community Development Director Turnblad. Case no. 2020-60 Page 2 SPECIFIC REQUEST The applicant is requesting consideration of a: 1. Conditional Use Permit for 61-unit multi -family structure in the CBD Zoning District; 2. Conditional Use Permit for Short Term Rental Units on the property; 3. 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 attached staff reports. POSSIBLE ACTIONS The City Council has the following options: A. Approve the requested use permit and design 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 March 2, 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. In exchange for use of the public parking system for the 17-space parking deficit (per ITE standards), the property owner would pay the fee of $20,000 per deficit space (approximate cost of constructing a parking space in a parking ramp) and building management or guests would buy residential permits to use the permissible public parking lots. The fee for each deficit space would need to be deposited in the City's Downtown Parking Enterprise Fund prior to issuance of a building permit for the project, or according to the terms of a TIF Agreement. 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. Case no. 2020-60 Page 3 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. Move to deny the use permit, associated variances and design permit. With a denial, findings of fact supporting the decision must be provided. C. Table the request for additional information. FINDINGS AND RECOMMENDATION Staff findings are included in the attached reports. Staff recommends approval of the following, with the fifteen conditions found in Alternative A above: 1. A Conditional Use Permit for 61-unit apartment building project in the CBD Zoning District; and 2. An 11.5'variance to the 37' maximum allowable height as measured from the average elevation of Chestnut Street East to the top edge of the parapet; 3. A one-story variance to the three-story maximum height in the Central Business District Historic Height Overlay District; 4. Variances to the (Combined) Side and Rear Yard to accommodate the building setbacks as designed and proposed; 5. The Design Permit appeal; and 6. Mitigation for a 17-space parking deficit, with revised conditions as below: a. Approve mitigation for a 17 space deficit for guest parking, per the current International Transportation Engineers manual. In exchange for use of the public parking system for the deficit spaces, the developer would pay the fee of $20,000 per deficit space and building management or guests would buy residential permits to use the permissible public parking lots. $40,000 of the fee for deficit spaces would be deposited in the City's Downtown Parking Enterprise Fund prior to issuance of a building permit for the project, the remainder according to the schedule established in the TIF Agreement for the project. Conceptually the payment of the balance would be in fifteen $20,000 annual increments beginning in year 5 of the TIF Agreement. b. Each of the one bedroom and larger units must have at least one parking space reserved for it in the building's garage. And, half of the alcove units must have a reserved parking space in the garage. c. If there are no available parking spaces in the building's garage for guests, then guests would pay standard fees to park either in the City parking ramp or purchase a residential permit from the City to park in a public lot in which overnight residential parking is allowed. Resolutions for approval and denial of each separate action will be available on Tuesday, May 4, 2021. Attachments: Parking Analysis Report March 2, 2021 Staff Report Narrative Request Applicant Submission Public Comments cc: Joel Hauck illwatei THE H I R T H P L A L E [I F M INN E S B! A PARKING REPORT DATE: April 30, 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 May 6th 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 61 apartments and 73 underground parking spaces. The developer has requested the City to approve the use of the public parking system for guest 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 61 units = 92 Guest parking = 1 parking space for each 3 units = 20 Total spaces required per zoning code = 112 Proposed spaces in underground garage = 73 Deficit = 39 April 30, 2021 200 E Chestnut pg. 2 If the City were to use the current International Traffic Engineer's (ITE) standards for parking in this scenario, then the most conservative calculation for peak demand parking would be: Peak demand, worst case = Proposed on -site = 90 73 Worst case deficit = 17 COMMENTS On April 16, 2021 the Downtown Parking Commission unanimously recommended the following policy for 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, this deficit 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 public parking in reasonable proximity to the residential units that would allow 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 30, 2021 200 E Chestnut pg. 3 Reuter Walton has made application for TIF on this project. The TIF Agreement will come before the Council for consideration in the near future. The Parking Commission is recommending that parking mitigation be a TIF eligible expense. And based upon that, the developer is proposing to satisfy the $340,000 parking mitigation fee for 17 spaces by paying $40,000 up front with release of the building permit, and $20,000 a year beginning with year five of the TIF Agreement. 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. 2. Approve mitigation for a 39 space deficit (20 guests and 19 residents), per Zoning Code. 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 $780,000) would need to be deposited in the City's Downtown Parking Enterprise Fund prior to issuance of a building permit for the project. 3. Approve mitigation for a 17 space deficit for guest parking, per the current International Transportation Engineers manual. In exchange for use of the public parking system for the deficit spaces, the developer 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. $40,000 of the fee for deficit spaces would be deposited in the City's Downtown Parking Enterprise Fund prior to issuance of a building permit for the project, the remainder according to the schedule established in the pending TIF Agreement for the project. Conceptually the payment of the balance would be in fifteen $20,000 annual increments beginning in year 5 of the TIF Agreement. 4. Deny both the variance and mitigation. RECOMMENDATIONS The Downtown Parking Commission recommends Option 2 and Community Development Director Turnblad recommends Option 3. Attachmcnt: Parking Demand Report SRF bt kRF Memorandum SRF No. 02114273 To: Bill Turnblad, Community Development Director City of Stillwater From: Jeff Bednar, TOPS, Senior Traffic Engineering Specialist Date: March 16, 2021 Subject: Parking Analysis Update for 200 Chestnut Street East —Development Review A review of the ParkingAnalysis Update for 200 Chestnut Street East —Residential Development, Stillwater, MN, by Swing Traffic Solutions (March 10, 2021), found that other comparable parking information, such as the Institute of Transportation Engineers (ITE) 85th percentile parking demand and Stillwater City Code, could be considered along with the average and fitted curve ITE peak parking demand rates. This allows for a more thorough estimate of parking demand related to the proposed development. Parking demand for the 61-unit multifamily residential development equates to nearly 92 spaces based on City Code, which results in a 19-space deficit (see Table 1). The ITE data -based parking demand (which includes the fitted curve, average rate and 85th percentile parking demand) is expected to range from approximately 54 to 78 spaces based on bedrooms, and approximately 77 to 90 spaces based on dwelling units. Therefore, the total ITE parking demand is expected to range from approximately 54 to 90 spaces, which results in either a 19-space surplus or a 19-space deficit. This parking analysis was based on only the proposed 73 off-street parking spaces and did not include the 26 on -street public parking spaces since these public on -street parking spaces may not be available for exclusive use by the 200 Chestnut residents. Table 1. Parking Demand and Supply Analysis (Dwelling Units vs. Bedrooms) Land Use (ITE Code) Size Average Parking Demand ITE Fitted Curve ITE Average Rate ITE 85th City Code Percentile Parking Parking Requirements Demand 61 DU Mid -Rise Multifamily (221) Proposed Off -Street Parking Supply Off -Street Parking Surplus / (Deficit) 77* (4) 80 (7) 73 90 (17) 92 (19) Mid -Rise Multifamily (221) 90-bedrooms Proposed Off -Street Parking Supply 68 78 N/A 73 Off -Street Parking Surplus / (Deficit) 19 5 (5) N/A Expected parking demand based on the STS Parking Analysis Update for 200 Chestnut Street East -Residential Development. Note: The STS Parking Analysis Update for 200 Chestnut Street East -Residential Development, Stillwater, MN, assumed 99 parking spaces. However, this assumption included the 73 proposed off-street parking spaces plus 26 on -street parking spaces which were not assumed in this analysis since these public on -street parking spaces may not be available for exclusive use by the 200 Chestnut residents. H:\Projects\ 14000\ 14273\TraffStudy\Reports\Deport\ 14273_200ChestnutParkingUpdateReview_210316.docx www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 I Minneapolis, MN 55416-3791 1763.475.0010 Fax: 1.866.440.6364 An Equal Opportunity Employer illwatei THE H I R T H P L A L E [I F M INN E S B! A 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 CASE NO.: 2020-60 A Conditional Use Permit, associated Variances, and Design Permit appeal for a four-story, 61-unit apartment building 200 Chestnut Street East 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 39 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 39 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 39 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. Case no. 2020-60 Page 4 Zoning Code Conformance 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 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 54 and 90 spaces was more appropriate. The DTPC agreed with the higher number. They further indicated that if 73 spaces are created in the basement and assigned to resident, then the 39 space deficit would not be a detriment to the City's parking system in this location. They recommend mitigation of 39 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 Case no. 2020-60 Page 5 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 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." Case no. 2020-60 Page 6 Section 31-208 further indicates: • Economic considerations alone do not constitute practical difficulties. • 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 Case no. 2020-60 Page 7 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 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. Case no. 2020-60 Page 8 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 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. Case no. 2020-60 Page 9 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. 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. Case no. 2020-60 Page 10 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 39 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 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 39 space parking deficit variance. Attachments: Site Location Map Narrative Request Applicant Submission Public Comments cc: Joel Hauck esc REUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN SITE PLAN 31 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 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 8,020 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 BUILDING 2ND STREET S AVERAGE GRADE PLANE BETWEEN 2ND AND UNION ALLEY ELEVATOR OVERRUN CURRENT DESIGN AND UPDATED HEIGHT ANALYSIS cV UNION ALLEY a Scale: 1/16" = 1'-0" esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN SOUTH ELEVATION - HEIGHT 11 0 i- m 2ND STREET S AVERAGE GRADE PLANE BETWEEN 2ND AND UNION ALLEY PARKING PARKING CURRENT DESIGN AND UPDATED HEIGHT ANALYSIS UNION ALLEY Scale: 1/16" = 11-0" es G RESTER WA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN WEST ELEVATION - HEIGHT 13 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN BIRDS EYE VIEW - SOUTHEAST 16 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN BIRDS EYE VIEW - NORTHWEST 17 esc REUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN SE CORNER VIEW 19 esc REUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LOOKING WEST ON MYRTLE ST 24 esc REUTERWA 1:1 ON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LOOKING NORTH ON UNION ALLEY 27 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 REUTER WA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL 1 I Al 32 66'-O" 115'-O" 66' - 0" 1 11 1 2 BED 1,309 SF ALCOVE 540 SF 2 BED 1,409 SF U w w ALCOVE 540 SF 2 BED 1,249 SF 2 BED 1,342 SF U 1 BED + DEN 1,028 SF 1 BED 887 SF 66' - 0" 41' - 0" 1 BED 864 SF 2,403 SF 1 BED 986 SF 2 BED 1,409 SF 1 BED 986 SF 55' - 0" 1 BED 887 SF m 1 BED + DEN 1,028 SF 41' - 0" 2 BED 1,309 SF ALCOVE 540 SF 7 ALCOVE 540 SF 2 BED 1,249 SF 1 1 1 66' - 0" 1 1 1 Scale: 1" = 20'-0" PLAN NORTH es G REUTERWA LTON 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 I 1_ Ir 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 r TRASH =0111 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 esc REUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL MINUS 1 I A4 35 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #1 - EXISTING 41 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #1 - PROPOSED 42 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #2 - EXISTING 43 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #2 - PROPOSED 44 - MM IMMM UM MMMM r IMMMT trim MIIMMIMMM :1 .M�r�� M.rrMrrW,.r rMOMrMMri. moo. - Crr l i1T' c't1_ r�rr�r amm =alr r riiririL - as lar ' I1111111 11WIIL11111M^ / _ r�r �/�s ommm sammommmw•�rrwAr r mamMma r s, a s/ mmommmammmOmmmaMm wm r/iw :�WmmiMmmM �� r r r_ _sr =rS / WM rr 45_rM• i..... r M ram rr/r""_ArR M�����+a- ter' "' i�r r� •ram ���- esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #3 - EXISTING 45 =-r... ...�..Rr-_� w • O.i MM IM . 1 ...3 nr nossmar- lruuwuu��a w.w.- �. 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WO. mom annawwr.wm smagma . r..=�r -�a.s a - L esG REUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #3 - PROPOSED 46 EXISTING ROOF LINE esG REUTERWALTQN DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #4 - EXISTING 48 esG REUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #4 - PROPOSED 49 es G REUTERWALTQN DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #5 - EXISTING 51 esc REUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #5 - PROPOSED 52 esG REUTERWRLTQN DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #6 - EXISTING 54 esG REUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #6 - PROPOSED 55 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 CURRENT CHESTNUT BUILDING 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 .IRrmary 18, 2n20 OE ,! ENS' 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 ;.:s. 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 there wound 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 joe(cpaiementlaw.com and connie(c�paiementlaw.com. incerely, oseph Paiement & Co 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 31d Street, in addition to some beautiful large homes sitting up on the hill. The additional height will cause cvcn 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 joe@paiementlaw.com and connie(a3paiementlaw.com. Sincerely, Joseph Pair em e 4 Costance Paiem 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 liwater THE BIRTH P L A C E OF MINNESOTA Planning Report TO: Mayor & Council Members CASE NO.: 2021-14 REPORT DATE: April 14, 2021 MEETING DATE: May 4, 2021 DEVELOPER: Jon Whitcomb of Metro East Commercial Real Estate, Inc. REQUEST: Approval of the Final Plat and Development Agreement associated with White Pine Ridge LOCATION: 12950 75th Street North COMPREHENSIVE PLAN: Low Density Residential ZONING: Base Zoning: AP, Agricultural Preservation Overlay Zoning: Shoreland District for Brown's Creek Tributary REPORT BY: Abbi Jo Wittman, City Planner BACKGROUND Jon Whitcomb of Metro East Commercial Real Estate, Inc. intends to develop a 14-lot residential subdivision at 12950 75th Street North. Known as White Pine Ridge, the City Council approved the Preliminary Plat in January of 2021. SPECIFIC REQUEST The request before the City Council is to: 1) Approval of the Final Plat for White Pine Ridge to be located at 12950 75th Street North; and 2) Approval of the Development Agreement EVALUATION OF REQUEST Staff has reviewed the Final Plat to determine conformance with the Preliminary Plat conditional approval. While the trail easement has not been submitted for review, this can be developed by the City prior to the recording of the Final Plat. Aside from this requirement, the plans are substantially in conformance to those on file and have been found to be satisfactory by the City Engineer. Marylane Meadows Page 2 The Development Agreement is not attached. While the City has been working through a few final details, it is anticipated to be found acceptable to the City Engineer, the City Attorney and the developer. It, as well as the Resolution of Approval, will be available for the City Council on Tuesday. ALTERNATIVES The Council has several available alternatives: 1. Approval — If the Council finds that the Final Plat substantially conform to the Preliminary plat and Development Agreement is acceptable, then the Council could adopt the attached Resolutions. 2. Denial — If the Council finds that the Final Plat Development Agreement are not acceptable, it could deny the request to approve it. If this is the chosen action, staff will bring a resolution of denial to the next Council meeting for adoption. 3. Table for more information. RECOMMENDATION City staff finds the Final Plat and Development Agreement to be acceptable and recommends approving them. cc Jon Whitcomb attachments: Final Plat Resolution Final Plat RESOLUTION CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING FINAL PLAT FOR WHITE PINE RIDGE CASE NO. 2021-14 WHEREAS, Jon Whitcomb of Metro East Commercial Real Estate, LLC made application for the approval of the Final Plat known as WHITE PINE RIDGE; and WHEREAS, on November 19, 2020 the Planning Commission for the City of Stillwater held a public hearing on the preliminary plat and rezoning requests for White Pine Ridge and upon hearing testimony from the public voted 7-0 to recommend approval to the City Council with conditions; and WHEREAS, on January 5, 2021 the City Council held a public hearing on the requests and found them to be substantially consistent with City development standards, the Stillwater Comprehensive Plan and the Comprehensive Plans of all surrounding jurisdictions; and WHEREAS, May 4, 2021 the City Council reviewed the Final Plat and plans for WHITE PINE RIDGE and found them to be consistent with the preliminary plat and plans. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Final Plat White Pine Ridge. Enacted by the City Council of the City of Stillwater, Minnesota the 4th day of May, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk Case No. 2017-48 Final Plat CC: 11/7/2017 Page 2 of 3 Exhibit A LEGAL DESCRIPTION 1616 OLIVE STREET: THAT PT NW1/4-SE1/4 & THAT PT BLK 16 MCKINSTRY & SEELEY'S 2ND ADD & THAT PT VAC OLIVE ST LYING NLY OF N LN OLIVE ST EST IN 1916 LYING W OF W LN BRICK ST IN SINCLAIRS ADD LYING SLY OF SLY LN MYRTLE ST DESC IN DOC 346309 & LYING ELY SLY NELY & ELY OF FOLL DESC LN COM AT NW COR SD MCKINSTRY & SEELEY'S 2ND ADD ALSO BEING NW COR OF SW1/4-SE1/4 SD SEC 29 THN S01DEG00'05"E BRG WACO CORSYS SZ ALG W LN SD SEC 29 & ALSO W LN SD SW1/4-SE1/4 292.06FT TO N LN SD OLIVE ST THN N89DEG19'36"E ALG SD N LN 724FT TO POB THN NOODEG40'24"W 145FT THN NLY ALG TCRV CONC TO W RAD 580FT CENT ANG 12DEG29'53" 126.52FT THN N79DEG17'55"E 133FT THN N18DEG51'25"W 191.13FT THN N29DEG55'38"W 137.04FT THN N10DEG31'47"E 508.18FT TO SD SLY LN MYRTLE ST & SD LN THERE TERM EXC THAT PT SD BLK 16 DESC AS FOLL BEG AT SE COR DEERPATH ACCRD TO REC PLAT THN NOODEG40'24"W PLAT BRG ALG ELY LN SD DEERPATH 145FT THN NLY 76.51FT ALG TCRV CONC TO W RAD 580FT CENT ANG 07DEG33'27" THN N79DEG17'55"E NTANG TO CRV 140.17FT THN S12DEG42'06"E 115.22FT THN SOODEG40'24"E 133FT THN S89DEG19'36"W 157FT TO POB ALSO EXC THAT PT OF N1/2-SE1/4 SD SEC 29 DESC AS FOLL BEG AT PT ON S LN SD N1/2-SE1/41081.51FT W OF SE COR SD N1/2-SE1/4 SD PT BEING NE COR BLK 15 MCKINSTRY & SEELEY'S ADD THN W ALG S LN SD N1/2-SE1/4 510.43FT TO PT THN N & PARL WITH W LN SD BRICK ST 309.5FT THN E & PARL WITH S LN SD N1/2-SE1/4 510.43FT TO W LN SD BRICK ST THN S ALG SD W LN 309.5FT TO POB SUBJ TO EASE SECTION 29 TOWNSHIP 030 RANGE 020 LEGAL DESCRIPTION 114 BRICK STREET: PT N1/2-SE1/4 BEG AT PT ON S LN OF SD N1/2-SE1/4 DIST OF 1081.51FT W OF SE COR SD TRCT SD PT BEING THE NE COR OF BLK 15 MCKINSTRY & SEELEYS ADD THN W ON S LN SD TRACT DIST OF 510.43FT TO A PT THN N & PARL WITH W LN OF BRICK ST DIST OF 309.5FT THN E & PARL WITH S LN OF SD TRACT DIST OF 510.43FT TO W LN OF BRICK ST THN S ALG W LN OF BRICK ST DIST OF 309.5FT TO BEG SECTION 29 TOWNSHIP 030 RANGE 020 Case No. 2017-48 Final Plat CC: 11/7/2017 Page 3 of 3 Exhibit B WHITE PINE RIDGE KNOW ALL PERSONS BY THESE PRESENTS: That Jon W. Whitcomb and Ann R. Whitcomb, husband and wife, fee owners of the following described property situated in the County of Washington, State of Minnesota, to wit: The south 1373.77 feet of the East Half of the East Half of the Northeast Quarter of Section 30, Township 30, Range 20, Washington County, Minnesota; excepting therefrom the north 58.61 feet of the west 268.95 feet of the south 1 373.77 feet thereof; also excepting therefrom the west 80.00 feet of the south 720.00 feet thereof; also excepting therefrom the east 245.00 feet thereof; and also excepting therefrom all that part which lies southerly of "Line 3" as described as follows: "Line 3" is 75.00 feet northerly of and parallel with the following described centerline: Commencing at the Southwest corner of said Northeast Quarter; thence North 01 °04'48" West, assumed bearing, along the north -south quarter line of said Section 30 a distance of 38.03 feet to the beginning of said centerline; thence North 81 °50'36" East, a distance of 1,395.68 feet; thence Easterly a distance of 1,279.97 feet along a tangential curve concave to the South, having a radius of 5,729.58 feet and a central angle of 12°47'59" and a chord bearing of North 88°14'36" East to a point on the East line of said Section 30, said point being 262.54 feet Northerly of the east quarter corner of said Section 30, and said centerline terminating at said point. and That part of the east 245.00 feet of the south 1,373.77 feet of the East Half of the East Half of the Northeast Quarter of Section 30, Township 30, Range 20 West, Washington County, Minnesota, which lies Northerly of the Northerly right-of-way line of County State Aid Highway 12, as described above, described as follows: COMMENCING at the northwest corner of said east 245.00 feet of the south 1,373.77 feet of the East Half of the East Half of the Northeast Quarter; thence on an assumed bearing of South 00 degrees 05 minutes 14 seconds West along the west line of said east 245.00 feet a distance of 639.45 feet to the POINT OF BEGINNING; thence southeasterly 126.57 feet along a non -tangential curve concave to the west having a radius of 261.83 feet a central angle of 27 degrees 41 minutes 48 seconds a chord which bears South 13 degrees 45 minutes 40 seconds East a chord of 125.34 feet; thence South 00 degrees 05 minutes 14 seconds West a distance of 260.82 feet to the said northerly right of way line; thence westerly 30.04 feet along said northerly right of way line being a non -tangential curve concave to the south having a radius of 5,804.58 feet and a central angle of 00 degrees 17 minutes 48 seconds and a chord which bears North 86 degrees 53 minutes 00 seconds West to the said west line of the east 245.00 feet; thence North 00 degrees 05 minutes 14 seconds East a distance of 380.92 feet; to the POINT OF BEGINNING. Have caused the same to be surveyed and platted as WHITE PINE RIDGE and does hereby dedicate to the public for public use forever the public way and also dedicate the easements created by this plat for drainage and utility purposes only. In witness whereof said Jon W. Whitcomb and Ann R. Whitcomb, husband and wife have hereunto set their hands this day of , Jon W. Whitcomb, husband Ann R. Whitcomb, wife STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing instrument by Jon W. Whitcomb and Ann R. Whitcomb, husband and wife, was acknowledged before me on this day of , 202___. (signature) (print) Notary Public County, Minnesota My Commission Expires January 31, 202___. I, Daniel L. Thurmes, do hereby certify that I have surveyed and platted or directly supervised the surveying and platting of the property described on this plat as WHITE PINE RIDGE; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on the plat have been correctly set; that all water boundaries and wet lands as of this date, as defined in Minnesota Statutes Section 505.01, Subd. 3, are shown and labeled; and all public ways are shown and labeled on this plat. Dated this day of , 202___. Daniel L. Thurmes, Licensed Land Surveyor, Minnesota License No. 2571 8 STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing Surveyor's Certificate was acknowledged before me on this day of , 202___, by Daniel L. Thurmes, Licensed Land Surveyor. (signature) Notary Public, Dakota County, Minnesota My Commission Expires January 31, 2025 (print) PLANNING AND ZONING COMMISSION OF THE CITY OF STILLWATER The foregoing plat of WHITE PINE RIDGE was approved and accepted by the Planning and Zoning Commission of the City of Stillwater, Minnesota, this day of , 202____. By its Chairperson By its Secretary CITY COUNCIL OF THE CITY OF STILLWATER This plat of WHITE PINE RIDGE was approved by the City Council of the City of Stillwater, Minnesota, this day of , 202___ and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2 By , Mayor By , Clerk WASHINGTON COUNTY SURVEYOR Pursuant to Chapter 820, Laws of Minnesota, 1971, and in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 202 By Washington County Surveyor By WASHINGTON COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 202___, on the land hereinbefore described, have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered, on this day of 202 By Washington County Auditor/Treasurer By Deputy WASHINGTON COUNTY RECORDER Document Number hereby certify that this instrument was recorded in the Office of the County Recorder for record on this day of , 202___, at o'clock ____. M., and was duly recorded in Washington County Records. By Washington County Recorder By Deputy CORNERSTONE LANE) SURVEYING, INC SHEET 1 OF 2 SHEETS WHITE PINE RIDGE FOUND 1/2 NCH IRON PIPE MARKED RLS c1232 / FOUND 1/2-- INCH IRON PIPE MARKED N 0°O0'04"E RLS 7447 / / / / / 46.38 EXCEPTION SOO°05'14"W 639.45 /- EAST LINE OF THE E/ 1/2 OF THE E 1/2 OF I THE NE 1/4 OF SEC. 30, T30, 220. WEST LINE OF THE EAST 245 FEET OF THE E1/2 OF THE E1/2 OF THE NE 1/4 OF SEC. 30, T30, 220 1 1 1 1 NOT TANGENT 1I I G�121 Aq.5 AO„E G gRG126 .'3 L 261•$ R, °�1, 48 ----__ D% 27 c;; EXCEPTION co cd 00 / 58.61 --i ri CO 0 10 164.99 DRAINAGE AND UTILITY 11 co O °b,b, J D�5�5� 26 \ i�,� \/ i i1329 \ 1> »" O \\ p %5 �' co I � \ _ �� 7 4.44 � \ --�\ II1\10159'WWI \1 vi/ ^ \' DRAINAGE ` 3>u,\ Ludy;_ -_- AND UTILITY 1r0 N !,iou9EASEMENT z 1 A, O0 7, 9 r- r N co ocp • co z 80.49 •K 0 NN FOUND 1/2 -' NCH IRON PIPE MARKED RLS 7447 VICINTIY MAP GRR�SS\\AG• -NORTHLAND AVE. 00"1,001111I111111111, „1j41p„,„4111111111111111i • MANNING AVE. N, SECTION 30, TOWNSHIP 30, RANGE. 20 WASHINGTON COUNTY, MN • / 7 / / / / 84.00 EASEMENT L • 14-1 12cn o Loco rn O ° N c ) II III n 3g ° II J 0 (NN sJ4, 16„ Q/1 NAI y/ I �J I /• • �`) ho d=7°14'19" R=719.47 E- L=90.89 8 • / °rn cd N 0) NI 03 / L- DRAINAGE AND UTILITY EASEMENT 160.98 / - 90.00 �1- 0'- 0)0 II II J Q /I 0 0 0 0 • 13 67.80 • SOO°00'04"W 67.80 L- r / S89 °59'56 "E • \\ \ 67.80 <. I /" I -I I ` I o0 o <V N J <• 7 89.00 S00°05'14"W o 82.42 cp 14 , Ix r„ 254.08 --DRAINAGE 1-"" AND UTILITY �0 IN EASEMENT IM Ir' fp) „ q.� 56 I i Ir30116>- • 1\ I \ O \ / o 1 / 4027 5$ N._.,-33° • 00„ 18°4 5 8„ 6 Broc,( L- v 0 89.00 co 0 GO Ln • 0-5 r p%1 \ 0 • R 5 7 • d=6°13'11",- • \ \2 „ \ \ \ \ 5 • • S15 68.17°O S00°00'04"W 2 / ;_-- DRAINAGE AND UTILITY EASEMENT 1 NORTH LINE OF THE SOUTH 720 FEET ---_\ 11 OF THE E 1/2 OF THE E 1/2 OF THE NE 1/4 OF SEC. 30, T30, R20 175.72 • 4 II II W I P.I N ( I S00°00'04"W 51.74 — II 43.23 595.19 NOO°00'04"E DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: (NOT TO SCALE) BEING 10 FEET IN WIDTH AND ADJOINING STREET LINES, REAR LOT LINES AND BOUNDARY LINES AND BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES UNLESS OTHERWISE SHOWN ON THE PLAT. T WEST LINE OF THE E I/2 OF THE E I/2 -/ OF THE NE 1/4 OF SEC. 30, T30, R20 \ / 23� 93 >, 33°54 5g • \ \ \ \ \ \ \ WEST LINE OF THE EAST 245.00 FEET OF THE E/ 1/2 OF THE E 1/2 OF THE NE 1/4 OF SEC. 30, T30, R20. • EXCEPTION S00°05'14"W 260.82 O 0 O <o •\ i L=73.94 �n d=20°59'21 ry SOO°05'14"W 259.23 380.92 NOO°05'14"E 88.14 I I I I I I I I I • C.BRG.=N86°53'00"W / o L=17'48" o d=0°17'47" '/ L=30.03<, it - I- I I I I I I I I I I 2 I I \ 3 I I I I II II II II I I I 1 I I I I I -511 \ ° 1 \ 1 \ \ \ \ \ \ \ \ \ \ \ \ 1 68.03 0 CO • 55.00 "1- 6880 `1 Sj S03°51' 41"E I \1S73 A6, �33F r7 � 1")N co 0 • P�0 80.25 152.41 1 59.27 S00°58' 51"W 511/° 30 67 141'46"W I 1 coo / (0 N / (<r7 / o / (0 6--.\ - / G���Q�O�0 / \-4'��� J i 1,,,- - G� GO - - PPPNti S��GcOt, \ I THE ORIENTATION OF THIS BEARING SYSTEM IS BASED UPON THE WEST LINE OF THE EAST 245 FEET OF THEE 1 /2 OF THEE 1 /2 OF THE NE 1/4 OF SEC. 30, T30, R20, WHICH 15 ASSUMED TO HAVE THE BEARING OF S00°05'14"W. o DENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED R.L.S. 25718 UNLESS OTHERWISE INDICATED. • DENOTES FOUND 1/2 INCH IRON PIPE UNLESS OTHERWISE SHOWN. (N01 °01'48"W DESC.) DENOTES DIMENSIONS AND BEARINGS PER DOC. NO. 344751 (1395.68 DESC.) 362.19 • 115.68 co 0 co ro O 0 I I NOO°00'04"E 720.00 /-- EAST LINE OF THE E/ 1/2 OF THE E 1/2 OF \ THE NE 1/4 OF SEC. 30, T30, 220. NOO °05'14 "E \\ 2615.54 75 la -- NOT TANGENT 1 \\ DESIGNATED ACCESS PER 262.54 75 DOC. NO. I 344751 z J z O a w U w CO CN2 Li) O • o Qz O O OQ� ° z 1p\ fa1 mU / 352.09 SOO°05'14"W T^ • U 0 co 0 Li Opp 00 N. N. m O 0 N• 11 N° _ - 1 EXCEPTION EAST LINE OF THE WEST 80.00 FEET OF THE EI/2 OF THE EI/2 OF THE NE 1/4 OF SEC. 30, T30, R20 364.06 NOO °00'04 "E NORTH 0 50 100 %17 SCALE: 1 INCH = 50 FEET SCALE IN FEET ----- 75 ----- 75.02 0 Lri / QD I ----- 75--- ---1"-I U W CO a w \ ow , w • in co 0") o `n �zl�z 1 WEST LINE OF THE NE 1/4 -- �2 (NO1 °01'48"W DESC.)\\ j OF SEC. 30, T30, 220. I ; I NOO°15'23"W �� 1 \-- 38.03 r --- 280.96 IN 0 co A DENOTES EXISTING ACCESS CONTROL PER DOCUMENT NO. 344 751 CORNERSTONE LANID SURVEYING, INC SHEET 2 OF 2 SHEETS ilwater THE BIRTH P L A C E OF MINSOA PLANNING REPORT TO: City Council MEETING DATE: May 4, 2021 REGARDING: Great River Greening Vegetation Management Proposal REPORT BY: Abbi Jo Wittman, City Planner INTRODUCTION Part of the North Aiple (Lumberjack Landing) Plan is a 10-year vegetation management plan (Plan). This was required of the City as part of the agreement for the purchase of the land. Great River Greening (GRG), a nonprofit organization who inspires, engages and leads local communities in conserving and caring for the land and water, has expressed interest in assisting the City in vegetation management for the first five years. Attached is a GRG proposal submitted for City consideration. The City has worked with GRG in the past and they come highly recommended by the City's Natural Resources Technician Taylor Stockert and local government and nonprofit partners. A primary reason for their reputation is GRG's business model. Working in partnership with a large variety of conservation partners throughout the Metro area, GRG's not only provides ecological expertise and project/volunteer management for their restoration efforts, they also provide funding assistance. PROPOSAL DETAILS GRG would like to enter into contract with the City to conduct all Year 1 action items which includes inventorying all management unit flora and groundwater seeps, assessing riverbank stability, and preparing species removal and site restoration plans. In addition to conducting the Year 1 work, GRG would (on behalf of the City) apply for a Minnesota Legacy Outdoor Heritage Fund (OHF) grant to implement the Year 1 plans in Years 2-6. If awarded, GRG would require a local cash match to conduct project management and grant reporting for the City. GRG's proposal costs are consistent with While the Plan's Vegetation Management Phasing and Cost Estimate and GRG's proposal are attached for Council's review, staff summarizes the following: Year 1 Years 2-6 Total Cost Percentage City of Stillwater Cost $13,500 $19,000 ($3,800/year) $32,500 26.7% Great River Greening Cost $88,900 $88,900 73.2% Total $121,400 The proposal also includes details of implementation and cost efforts by others. GRG's proposal took the Plan's 5-year action items and outlined which work would be eligible through the OHF's program. Funding project that focus on habitat development, general landscaping as well as restoration efforts that may be disturbed in the future due to other site construction activities (i.e. turf conversion) are not eligible project expenses. Though the Other Funding category addresses items the Plan recommends conducting in Years 1-5, most of these actions (with the exception of wetland delineation) must wait until after parkland development and construction occurs. GRG has indicated that, if there are areas where future disturbance will not occur in the future, there may be opportunities to revisit the scope of work and include additional restoration efforts in Years 2-6. COUNCIL DISCUSSION GRG's proposal is consistent with the estimated costs outlined in the Plan. While GRG is proposing the City enter into contract for Year 1 services in exchange for the preparation and submittal of the OHF grant application for the City, there is no guarantee for Year 2-6 funding. That said, GRG and its partners have a long-standing history of grant funding through the OHF program. Additionally, whether Year 2-6 funding is in place or not, Year 1 efforts must be conducted regardless of future funding. The City has funding in the Capital Outlay to cover the $13,500 expenses to be incurred in 2021. Staff believes there is public benefit to the GRG partnership proposal and would recommend the Council direct staff to continue to work with GRG on memorializing the agreement. Attached: GRG Proposal Vegetation Management Plan Phasing & Cost Estimate Page 2 of 2 VEGETATION MANAGEMENT PHASING & COST ESTIMATE Total management costs were based on 10-year management plans. Total 10 years costs for all vegetation management are $165,516. Cost estimation is based on: a) 2020 dollars, b) subcontracting all implementation and necessary oversight, and c) assumption that all Management Units are implemented concurrently. Management units have varying amounts of invasive species cover and therefore varying management inputs/ costs, but for simplicity costs are averaged across Units. Vegetation Management Cost Estimate Summary UNIT YEAR ACTION ESTIMATED COST UNIT A, 8, C, D, G, & H (Woodland invasive management & woodland restoration) 1 A - Prepare detailed invasive species removal & site restoration plans B - Prepare biddable documents & assist in securing qualified contractor(s) $ 3,900 2 A - Identify plant material to be protected B - Remove & treat woody invasives; C -Treat herbaceous vegetation and germinating woody invasives D - Complete cover crop seeding for barren areas $ 21,240 3-4 Annualize invasive species management cost (years —1-3 post initiation) $ 9,744 5 A - Native overseeding [1 k/acre] & bareroot tree/shrub planting & protection [1 k/ acre] B - Continued invasive species management (year —4 post initiation) $ 29,292 6 10 Annualize invasive species & native vegetation establishment management (5+ years post woody invasive species removal) $ 20,916 UNITS A, B, C, D, G, & H 10-YEAR COST ESTIMATE: $ 85,092 UNIT J (Woodland invasive management & woodland restoration) 1 A - Prepare detailed invasive species removal & site restoration plans B - Prepare biddable documents & assist in securing qualified contractor(s) $ 2 A - Identify plant material to be protected B - Remove & treat woody invasives; C -Treat herbaceous vegetation and germinating woody invasives D - Complete cover crop seeding for barren areas $ 11,520 3-5 Annualize invasive species management cost (years —1-4 post initiation) $ 6,912 6-10 Annualize invasive species management cost (years 5+ post initiation) $ 8,832 UNITS J -YEAR COST ESTIMATE: $ 27,264 UNIT E and F (Picturesque Parkland) 1 Prepare biddable landscape plan & assist in securing contractor $ 9,360 2 A - Remove undesirable and/or dying conifers B - Execute landscape plan (foundation plantings; —1 acre of turf conversion to native savanna via seeding; and shoreline plantings) $ 33,900 3-7 Annualized maintenance cost (0-5 years post sowing) $ 6,660 8-10 Annualized maintenance cost (5+ years post sowing) $ 3,240 UNITS E & F TOTAL 10-YEAR COST ESTIMATE: $ 53,160 DECEMBER 1, 2020 Vegetation Plan year 1 Year Unit Action (no state funding) City Funding Implementation Other Funding 1 A,B,C,D,G, H & J Prepare detailed invasive species removal & site restoration plans, Prepare biddable documents & assist in securing qualified contractors $ 4,000 GRG A,B,C,D,G, H & J Complete park -wide growing season floristic inventory, Complete inventory of herbaceous invasive plant (All Units) $ 1,500 GRG Unit G Assess existing banks for stability and vet potential improvements for instabilities $ 3,000 GRG All Inventory and map groundwater seeps and evaluate it, and creek, for watercress impacts and spread (All Units) $ 1,000 GRG Conduct wetland delineations where specific plans will be advanced in 1-5 years By others $ 4,000 Prepare biddable landscape plan & assist in securing contractor $ 9,360 Subtotal $ 9,500 $ 13,360 Restoration Implementation yr 2-6 Year Unit Action State Funded (OHF) City Match (OHF support) Implementation Other Funding 2 A-D, G & H A - Identify plant materials to be protected $ 22,000 GRG B - Remove & treat woody invasives C - Treat herbaceous vegetation and germinating woody invasives D - Complete cover crop seeding for barren areas J All vegetation management for Year 2 $ 11,000 GRG A - Remove undesirable and/or dying conifers (Units E-F) GRG or By others $ 33,900 B - Execute landscape plans (foundation plantings; one acre turf conversion to native savanna via seeding; shoreline plantings) (Units E-F) E,F Landscaping — trees, shrubs, native grasses and forbs GRG or By others $ 35,000 3 A-D, G & H Annualize invasive species managing costs $ 5,500 GRG J Annualize invasive species managing costs $ 3,900 GRG A Tree & Shrub planting supllies (Northern Property Screening - yr 3, 4 or 5) $ 15,000 GRG A Volunteer Tree & Shrub Planting event (yr 3, 4 or 5) $ 5,600 $ 7,400 GRG 4 A-D, G & H Annualize invasive species managing costs $ 3,300 GRG J Annualize invasive species managing costs $ 2,300 GRG 5 A-D, G & H Annualize invasive species managing costs $ 2,800 GRG J Annualize invasive species managing costs $ 2,000 GRG 6 A-D, G & H Annualize invasive species managing costs $ 2,800 GRG J Annualize invasive species managing costs $ 2,000 GRG 2-6 All Units 5 yrs project management and grant reporting (not included in above activities) $ 9,800 $ 11,600 GRG Travel (Mileage) $ 900 GRG Subtotal $ 88,900 $ 19,000 $ 68,900 Management Unit Acres A - Northern site boundary (clearing) 9.2 B - West side of trout pond C - East side of trout pond (berm/shoreline) D - Wooded slope G - Shoreline of disturbed woodland H - Disturbed woodland E - Lawn area 3.2 F - Soreline of lawn area I - Former trout pond NA J - State trail corridor (out of the conservation easement) 6.4 Note - work on Unit J by GRG is pending MNDOT acceptance of the state of Minnesota OHF language. J [ HE aQ Proposed Vegetation Management Units .�r a. • ice'' 1 ; Park Boundary Management Unit A - northern site boundary {clearing) S west side of trout pond C- east side of trout pond (barmishoraline) D- wooded slope E - lawn area F - shoreline of lawn area G - shoreline of disturbed woodland H - disturbed woodland I -former trout pond J - slate trail corridor 0 c Aiple Park Management Units. Fcgt NORTH AIPLE. PARK MASTER PLAN illwatei THE H I R T H P L A L E [I F M INN E S B! A TO: DATE: REGARDING: LOCATION: FROM: City Council April 26, 2021 MnDOT property State Hwy 36 & Greeley Bill Turnblad, Community Development Director INTRODUCTION The Minnesota Department of Transportation is offering to sell 1.25 acres of property at the northeast quadrant of Hwy 36 and Greeley Street to the City of Stillwater. The property is a high visibility site at a prominent intersection and it would be advantageous to the City to own it for the purpose of controlling what is developed there. COMMENTS • The sale price is $367,000. • The Washington County CDA has offered to work with the City to market the property. It is also considering funding a portion of the purchase price to reduce the City's carrying burden until it is re -sold to a developer. • The MnDOT offer is good until September 27, 2021, at which time it will go on the real estate market. ACTION REQUESTED Staff requests the City Council to consider the offer and direct staff to either: 1. Pursue options for funding the purchase of the property; or 2. Not pursue the purchase and allow the land to go directly onto the real estate market. Attachments: Offer letter Property map Mu� DEPARTMENT OF ■TRANSPORTATION March 26, 2021 Sent via e-mail to: Shawn Sanders, Public Works Director ssanders@ci.stillwater.mn.us In reply refer to: C.S. 8214 (36=45) 905 Parcel 31 Washington County Conveyance No. 2020-0048 Dear Mr. Sanders, 395 John Ireland Boulevard Saint Paul, MN 55155 We are pleased to inform you that conditional approval has been obtained for the conveyance of the above -referenced real property as described in Exhibit "A" and shown in Exhibit "B" (the "Property"). The State of Minnesota, Department of Transportation ("Seller") offers to convey the Property to City of Stillwater ("Buyer") for a consideration of $367,000.00 in accordance with the following terms and conditions: 1. All current real estate taxes, existing or pending assessments, delinquent taxes, fees and penalties will be paid by Buyer. 2. Seller makes no representations about the status of the title to the Property and is not obligated to correct any title defects. 3. This conveyance is subject to the following, which will be included in the deed issued to Buyer (the Grantee described below is one and the same as the Buyer described in this offer letter): a. Access control described in Exhibit "A" and shown in Exhibit "B". b. The Property is subject to the rights of existing utilities, if any, as provided in Minnesota Statutes §161.45 subd. 3. 4. The Property and all improvements, if any, are being conveyed as -is and where - is. 5. Payment must be made in the form of a cashier's check, certified check or money order made payable to "Commissioner of Transportation — Trunk Highway Fund" in the amount of $367,000.00. 6. This offer is subject to and specifically conditioned upon receipt of the above - mentioned consideration on or before September 27, 2021. If such consideration is not received on or before that date, this offer is null and void and of no further force and effect; and Seller is released from any further obligation to An Equal Opportunity Employer Conveyance Offer Letter - Indemnity RC1019 3/25/2021 Shawn Sanders, Public Works Director March 25, 2021 Page 2 Buyer and may negotiate with other parties for sale or other disposition of the Property. 7. Upon receipt of payment for the conveyance, Seller will issue to Buyer a quitclaim deed using the legal description in Exhibit "A". Buyer agrees that upon issuance of the quitclaim deed, the Seller may record the deed in the Office of the County Recorder or Registrar of Titles as appropriate. Seller will provide Buyer with the recorded deed within 15 days of the return of the deed from the County. 8. The Seller may revoke this offer and cancel this conveyance in its discretion at any time before payment is received. The Seller shall notify Buyer in writing of such revocation and cancellation. Upon cancellation, this offer is null and void and shall be of no further force and effect; and the Seller is released from any further obligation to Buyer. Please submit any questions you have to Keith Jellinger at keith.jellinger@state.mn.us Please submit payment to: Minnesota Department of Transportation 395 John Ireland Blvd St. Paul, MN 55155 Attn: Keith Jellinger, MS 632 Sincerely, Joseph D. Pignato, Director Office of Land Management Enclosures: Exhibits A & B cc: Abbi Wittman, City Planner — awittman@ci.stillwater.mn.us Conveyance Offer Letter - Indemnity RC1019 3/25/2021 ►� 6' DRAINAGE & UTILITY • A► EASEMENT DOC. NO. 573683 ►7� EASEMENTNDOC. DRAINAGE/UTILITY 604385 & 604708 Ivo 0 6' DRAINAGE & UTILITY • EASEMENT DOC. NO. 644207 TB14791 16 COMMUNICATION _ INE EASEMEN TB14791400 . b4 TB147918 TRUNK CONVEYANCE 2020-0048 METRO CS 8214 (36■45) 905 PARCEL 31 c 1.40 ACRES R/ MAP( 179-28C COM. ORD.( 96060 (PLAT 82-1313 SCALE( 1- • 100' CO CO ,r 4194 4,4 sresi — tO H O Z I DGE 6 ECOND7 TIO ur 68C.DNO NO4380g04381 &A604709 B11811 10' DRAINAGE & UTILITY EASEMENT DOC. NO. 918227 HIGHWAY 98 `36 E8 TN36 PERTY Washington -- County Fi FYI BOARD AGENDA May 4, 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. Approval to reappoint Edward Marchan, West Lakeland, to a fourth term as Manager on the Valley Branch Watershed District expiring November 13, 2023. B. Approval to appoint Cole Williams, Cottage Grove, to a first term as Manager on the South Washington Watershed District expiring May 1, 2024. C. 1. Approval of Change Order No. 3 to Contract No. 13475 with Veit and Company Inc. in the amount of $89,263 for the Cottage Grove Ravine Lower Landing Facility. 2. Approve permanent use of fund balance in an amount not to exceed $30,000 from the Parks Capital Projects Fund 415 to complete the Cottage Grove Ravine Lower Landing Facility. 4. 9:10 Community Services - Connie Tanner, Social Services Supervisor A. Adopt a resolution to recognize May as Mental Health Month in Washington County. 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 5. 9:15 Public Health & Environment - David Brummel, Deputy Director A. Approve Grant Agreement No. 14067 with the Minnesota Department of Health in the amount of $1,315,950, for COVID-19 response and vaccine implementation, through December 31, 2021. 6. 9:25 General Administration - Kevin Corbid, County Administrator A. Legislative Update 7. 9:45 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. 10:00 Board Correspondence 9. 10:00 Executive (Closed) Session - Human Resources A. Labor negotiations update 10. 11:00 Adjourn 11. 11:05 Board Workshops with Public Works 11:05 A. Discussion of County Owned Property Naming Policy. 11:35 B. Update on the METRO Gold Line Project. 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 Fi BOARD AGENDA April 27, 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@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. Approval of the April 6, 2021, and April 13, 2021, County Board meeting minutes. B. Approval to appoint Gary Severson, Oakdale, to a partial first term expiring December 31, 2022, as the District 2 Representative on the Parks and Open Space Commission. C. Approval to appoint Thomas Dunlap, May Township, to a partial first term expiring December 31, 2023, as the Business Representative on the Workforce Development Board. D. Adopt a resolution to approve a Substantial Amendment to the 2020 Annual Action Plan for submission to the U.S. Department of Housing and Urban Development. E. Adopt a resolution for approval of the 2021 Annual Action Plan for submission to the U.S. Department of Housing and Urban Development. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County Consent Calendar continued F. Adopt a resolution to approve an application from the VFW Post 323 Auxiliary to conduct off - site gambling at the Washington County Fair, August 4 - 8, 2021. G. Adopt a resolution to approve an application from Afton Bayport Lakeland Lions Club to conduct excluded bingo at the Washington County Fair, August 4 - 8, 2021. H. Approve comment letter to Comfort Lake Forest Lake Watershed District in response to its draft 2022-2031 Water Management Plan. I. Award bid and authorize execution of Contract No. 14020 in the amount of $130,500.00 with Sir Lines -A -Lot for latex pavement marking striping on various county highways and local streets within Washington County in 2021. J. Adopt a resolution authorizing State of Minnesota Detour Agreement No. 1045906 between the Minnesota Department of Transportation (MnDOT) and Washington County, providing road life compensation in the amount of $10,140.41 to the county for the detour of traffic from Trunk Highway (TH) 95 onto County State Aid Highway (CSAH) 19 (Keats Ave S), CSAH 18 (Bailey Road), and CSAH 16 (Valley Creek Road). K. Adopt a resolution designating April 26-30, 2021, as Work Zone Awareness Week in Washington County. L. Approve Contract No. 14031 with WSB & Associates, Inc. in the amount of $355,000 for construction surveying and staking services. M. 1. Approve Contract No. 14041 with WSB & Associates, Inc. in the amount of $356,300.00 for construction inspection services. 2. Approve Contract No. 14040 with Alliant Engineering, Inc. in the amount of $124,110.00 for environmental inspection services. 4. 9:10 Sheriff's Office - Sheriff Dan Starry A. Adopt a resolution recognizing Correctional Officers Week, National Law Enforcement Week, and Law Enforcement Memorial Day in Washington County. 5. 9:20 Public Works - Dan MacSwain, Natural Resources Coordinator A. Adopt a resolution in support of National Arbor Day and National Arbor Month, proclaiming April 30, 2021, as Arbor Day, and the month of May 2021, as Arbor Month. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 6. 9:30 General Administration - Kevin Corbid, County Administrator A. Legislative Update B. Policy #2509 Gifts, Donations, and Bequests 7. 9:50 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. 10:05 Board Correspondence 9. 10:05 Adjourn 10. 10:10 Board Workshop with Property Records and Taxpayer Services A. Review Mapping Prejudice initiatives in Minnesota. 11. 10:40 Board Workshop with Administration A. Review redistricting requirements and timeline. 12. 11:15 Personnel Committee Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer