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HomeMy WebLinkAbout2021-07-06 CC Agenda Packetrn Meeting participant ID: 176342 *+ Participants (8) 4 1 •ID Start Video City Clerk Beth... Rose Holman Tim Gledhill Jan's iPad Julene F, LO SCC Angela RassaS Security •. a Participants X .. ..et Share 5sreen Record ReacIior,s Leave 0, Find a partiogiant 03 CB co co 0 0 0 City ,.. (Co -host, me, part apart Id. 1 Rose Holman (Host) Stillwater AV Angela Rsssas Jan's iPad Julene to SCC Tim Giadhi Support for Pedestrian Flags at a crosswalk Main Street in front of Staples Mill Dangerous crosswalk • View from my balcony. • Crossing of Main Street • In front of Staple's Mill, view of Desch parking lot. • Notice the misalignment of steps to parking lot Crosswalk on curve • Problem with pedestrian sightline for cars coming from both directions. • Cars parking near the crosswalk block the view as well. rain' ym • raining . - 41i4 15 Staples Mill Antiques do Antique store The Hair Tailor Magnolias Clothing store . yY\ Stillwater Mills • r talifr" Bro . Trail Limited visibility and busy • When crossing toward Staple's Mill the road curvature requires you to venture onto the road to see cars coming from the north. • Cars coming in from the north are still traveling at higher than posted speed limits • Delivery trucks and cars often park illegally on roadside, further blocking the pedestrian view in both directions • Drivers heading north are accelerating to leave town • Busy due to many activities in Staple's Mill; Yoga studio (4 classes per day), Pizza, Art Guild, Antique Shop. • Jaywalking an issue due to steps misalignment IExamples • Vehicles illegally parking reduce sightlines for pedestrians and vehicles Suggestion: • Ped Flags — safety flags carried by pedestrians, stored in container on the current crosswalk signs. • Actual picture of flags under consideration Nearby cities use them • Bayport — started in 2008. Flags at 5 crosswalks on Hwy 95 • Hastings — Picture of their crosswalk. Mount on existing crossing signs • No new poles required if we can use the existing crossing sign poles as seen in picture • Asking for Public Works to install the kit on these sign posts Pedestrian flag solution • Sustainable Stillwater will buy the kit • Asking for Public Works to install, or we can do this with your permission. • Flags redistributed by Staple's Mill businesses as needed. Users will also help here. • Flag replacements and lost units covered by the Sustainable Stillwater as needed. • During this summer I will be monitoring from my balcony. Data on the effectiveness "I think it really raises the awareness of people," said Melissa Barnes, the Minnesota Department of Transportation's pedestrian and bicycle safety engineer. "It's a little bit of extra visibility." Though pedestrians have the right of way, drivers yield to them just 15 percent of the time at intersections with a crosswalk and yellow sign. By contrast, they yield 65 percent of the time when pedestrians carry orange flags, Barnes said. • Star Tribune article about the Hastings project, JANUARY 26, 2018 l l lwa ter The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING July 6, 2021 REGULAR MEETING - Cancelled, no workshop items No Change to Agenda 4:30 P.M. RECESSED MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Resolution 2021-085, Certificate of Appreciation Retirement for Jake Bell, Firefighter 2. Comprehensive Financial Report Audit Review - Chris Knopik, ClifftonLarsonAllen V. OPEN FORUM - the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Community Development Director 8. City Clerk 9. City Attorney 10. City Administrator VII. CONSENT AGENDA - these items are considered routine and will be enacted by one motion with no discussion. A council member or citizen may request an item to be removed from the consent agenda and considered separately. 11. June 15, 2021 Regular Meeting Minutes 12. Payment of Bills 13. Action Plan for Bicycle Friendly Communities - Resolution 14. Brown's Creek Trail Winter Maintenance Cooperative Agreement - Resolution 15. Empire Hospitality LLC, dba Devil's Advocate Stillwater, New On -Sale with Sunday Sales Liquor License 16. Mad Capper Change of Ownership for On -Sale with Sunday Sales Liquor License - Resolution 17. Lumberjack Days 5K/10K Event 18. Parking Lot Project at Millbrook Field West and City Lot 11 19. Special Assessment Abatement for 121 Chestnut Street - Resolution 20. St. Mary's Wild Rice & German Festival Event and Temporary Liquor License 21. Stillwater Chamber of Commerce Temporary Liquor License for the Lift & Loop Event 22. Washington County Sheriffs Office Joint Powers Agreement and Security Agreement for Law Enforcement Records Management System VIII. PUBLIC HEARINGS - when addressing Council please limit your comments to 10 minutes or less. 23. CPC Case No. 2021-37 Zoning Text Amendment and Historic Use Variance. Property located at 626 4th St N. Notices mailed to affected property owners and published in the Stillwater Gazette on Friday, June 11, 2021. - Ordinance 1st Reading IX. UNFINISHED BUSINESS - None X. NEW BUSINESS 24. Opera on the River Event Fees Waiver Request 25. MN Lottery Adirondack Chair in Lowell Park 26. Acquisition Resolution for St Croix River Riverbank Stabilization and Riverwalk Project - Resolution 27. CPC Case No. 2021-14 Final Plat and Development Agreement for Marylane Gateway Addition. Property located at 8384 Marylane Ave N. - Resolution 28. CPC Case No. 2021-34 Variance to the maximum allowed height within the Downtown Height Overlay District. Property located at 223 Main St S. - Resolution XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda June 6, 2021 Page 1 CITY OF STILLWATER LIST OF BILLS Abrahamson Nurseries Advance Auto Parts AMI Consulting Engineers PA Anthology Aspen Mills AT&T Mobility Atlas Outfitters Automatic Systems Co AutoNation Ballis Tom BHE Community Solar Bolton & Menk Inc. Brock White Co. LLC Cambronne Eric Cardinal Tracking Inc CDW Government Inc. Century Link Century Power Equipment Cintas Corporation City of St. Paul Cole Papers Comcast Core & Main Corval Constructors Cummins Sales & Service Dalco DVS Renewal ECM Publishers Far From Normal Supply Ferguson Waterworks #2518 Fire Service Management FleetPride Frontier Ag & Turf Fun Jumps Germaine Carolyn Golden Expert Services Goodyear Commercial Tire Guardian Supply Haussner Plumbing LLC Hawkins Inc Heritage Printing Inc. Hisdahl Inc Hodrick Fatonia Hoisington Koegler Group Inc Holiday Companies Delivery & planting of arborvitae Supplies Riverbank Stabilization 360 Leadership Analytics Uniforms - Sullivan Cell phone Ice rescue suit Equipment repair charges Auto maintenance supplies Reimburse for wall lockers Solar Energy Sanitary manhole Impact wrench Reimburse for boiler license fees Envelopes Canon image Telephones Chain loop Uniform & mat cleaning service Training Bleach wipes TV Internet & Voice Hydrant & gate valve repair parts Equipment repair Equipment repair - generator Janitorial Supplies Tabs unmarked 2018 Ford Escape Public hearing publications Supplies Water meters Equipment repair Equipment repair supplies Equipment repair supplies Dunk tank - night to unite Park fee refund Janitor Service Tires Uniforms and supplies Install dishwasher Chemicals Newsletter Printing & supplies Plaque Refund of overpaid parking ticket Design guidelines Vehicle washes 902.00 454.14 10,933.75 500.00 79.60 67.88 675.00 824.80 19.48 89.43 4,301.94 3,314.00 459.00 70.00 895.92 3,574.64 472.20 23.99 1,607.58 700.00 80.13 490.41 4,576.22 304.00 532.75 1,517.61 19.25 256.50 92.45 2,910.69 336.80 278.27 354.99 267.50 100.00 3,700.00 865.64 441.84 285.00 2,612.66 4,185.15 145.00 3.00 1,162.50 400.00 Holiday Credit Office Holmes Paul Hotsy Equipment of Minnesota Ice Sports Industry Jefferson Fire and Safety Inc. Keys Well Drilling Company Lammers Kimberly Francis Landscape Alternatives Lawson Products Lemoine Chyrisse Lindstrom Solar LLC Lorton Data Madden Galanter Hansen LLP Mansfield Oil Company Menards Metro Sales Inc. MidAmerica Inc Miller Excavating Minnesota Paving & Materials MN Dept of Transportation MP Nexlevel LLC Municipal Builders Municipal Emergency Services Municode Office Depot Overhead Door Co Per Mar Security Services Performance Plus LLC Postmaster Praxair Ditribution Quadient Leasing Quill Corporation RagnaSoft Inc Renewal by Anderson Riedel) Shoes Inc. Rink Systems Inc. Robole Donna Safety Signs Sherwin Williams SiteOne Landscape Supply St. Croix Boat and Packet Co. St. Croix Recreation Fun Playgrounds Stillwater Gazette Stillwater Motor Company Stillwater Township Straus Andrew Streichers Fuel Reimburse for Technology Building repair supplies Show/Exhibition Turnout gear Repair well 5 Refund of lot line adjustment fee Plants Equipment repair supplies Reimburse for food for Reserves Solar Energy Mailing updates Labor Relations Services Fuel Supplies Copier Lease Storage tank removal Neal Ave Imp 2021 Street Project 2020 Streets Locating Well 9 Leather gloves PDF supplement pages Office supplies Door repair Quarterly Monitoring Service Drug screen 1st Class Presort PI #538 Cylinders High capacity ink Office supplies Planit Police Refund permits issued in error Skates Skate Tile project Reimbursements Traffic cones and chip seal markers Supplies Supplies Arena Billing Supplies Subscription Vehicle service 2021 Annexation Payment Reimburse for Work Boots Supplies Page 2 49.39 558.34 860.35 110.00 6,337.50 4,950.00 25.00 600.00 528.76 146.62 7,908.68 35.00 504.00 13,960.06 2,397.25 44.00 850.00 184,060.78 239,265.80 344.11 2,616.25 17,492.02 180.40 584.20 550.02 253.90 84.00 541.00 245.00 60.85 389.82 282.78 1,555.00 604.64 57.00 40,000.00 281.79 1,338.05 109.45 251.40 42,103.35 532.00 55.95 179.97 4.68 200.00 270.00 T.A. Schifsky and Sons Tennessen Brian TKDA Toll Gas and Welding Supply Tri-State Bobcat Tru Green True North Consulting Group Universal Truck Equipment Valley Trophy Inc. Vinco Inc Washington County Public Safety Radio Welle Scott White Cap Wolf Marine Inc. WSB & Associates Inc. WWGoetsch Associates Inc Xcel Energy Zee Medical Service LIBRARY Amazon Business Artistry Baker and Taylor Blackstone Audio Brodart Co Cintas Corporation Comcast Hedin Sue Loffler Companies Menards Midwest Tape Office of MN IT Services Petrie Angela Scholastic Inc Tan Ni ADDENDUM Clifton Larson Allen SHI International 2020 Street Project & Bituminous Patching Reimburse for pepperball target Professional Services Cylinders Equipment repair supplies 250 Maryknoll seeding & lawn Operations review WI sales tax Name plates Traffic light repairs 800 Radio user fees Psychology of Peak Performance Levels Summer lease MS4 Services Nelson Lift Station Energy First aid supplies Materials Programs Programs Materials Materials Towels & Rugs Internet - June Programs Copier/Printer Supplies Materials Phone - May Programs Programs Programs Audit Email Protection Page 3 282,010.84 80.89 10,996.00 48.11 376.68 1,111.62 6,212.50 43.89 17.50 2,103.00 10,802.16 550.00 580.00 1,600.00 858.50 12,388.16 48,083.16 148.35 131.74 250.00 314.50 152.14 6,583.71 178.20 188.06 47.46 902.46 182.35 98.00 143.70 272.68 321.68 350.00 31,500.00 3,400.00 TOTAL 1,053,270.91 Page 4 Due to formula error, 6/15 List of Bills showed a total of $1,164,062.92 but should have been $1,651,062.92 Adopted by the Stillwater City Council this 6th day of July, 2021 Mayor Ted Kozlowski iDELLW,,OD IRDN■••r•'-- - ■ ■■■■■■■■■■ 55I • liwater er ♦ / :♦ i19 ■ � • •♦♦rrrOO•.■.=r■■s�� II 1 \s, 96 of "WOOO RD N rr■■■■♦*i■■rr■i gl, R• •: THE BIRTHPLACE OF MINNESOTA National Register of Historic Places 02------,*, OF 64 MCKUSICK RD N °6F Downtown Commercial Historic District 4)2 Historic District Boundary • Property Designation • Contributing Building J ♦ Contributing Site c 15 95• • 0 ; Contributing Structure ■ A • - Noncontributing Building Downtown Commercial Historic District Inset o�♦•��• _Noncontributing Site '••••••••�II.II% ` Removed -Contributing Building /♦♦^ '\i\\ " Z ti . Ilk * ..... 0%1'1 10 11 W . 10 vR�" list.e., ''••.• ' � 95 ��..� le\ \ IA O � • ■ •11111111311 ' ■ ;• '0\11 ■�MRC;Eyc • ♦ ,, • ♦ ♦♦♦♦♦♦♦� r I 1 • • 36 �• f ■ ■ • • •S •• • : ti■■■■ti • t �•„• • - Removed -Noncontributing Building • National Register Listed Places 1. Old Stone Bridge 2. William Sauntry Mansion and B&B 3. Territorial Prison Site &Warden's House 4. Ivory McKusick House 5. Staples Mill 6. Lift Bridge 7. Chicago, Milwaukee & St. Paul Depot/Freight House 8. Mortiz Ber stein Shodd Mill &Warehouse 9 Y.- 9. Mortimer Webster House 10. Roscos Hersey House 11. Washington County Historic Courthouse 12. Austin Jenks House 13. Nelson School 10• CNE5SI�VS tgliatru ,PINE1- -4--- • P\NE� •.,� li Roy 23 Ihni • e■■■.�1 $ •♦� • • Tr •♦ ♦• • ♦ 14. Albert Lammers House Draft South Main Archaeological District �L___ Draft Cultural Landscape District City Limit *iir,„ 09 o. ,, C-H4IRC-H VL-L—T-W • ii;oE ♦i♦♦ ♦ • •• • •` ! Surface Water ®. 1liPh 111 ♦� ., • � ' `Illln b ti ♦♦♦ 4*0 vi j ♦♦ � 303 ■ elk Ott* � � RD ♦♦♦♦ • c� 260irlk **° -■ ST ��O., i s ' 9j�ST, \Ili ■ �ORLEA • ■ ■ ■ • ■ •■■■■r 24 ■ w IE ■ ■ z w Q Q0 N W /�11� 900 1,800 3,600®1110 Feet��•j�36 •........ of ....•• ti ..,hr 0 • • . 0y t Z 36 95 PLAN OF STILLWATER iiiiiiiiiiiiiiiiiiiiiiiiiiiii���I II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII III 95 190 380 570 /0 , ■ • .• ■■■■■•..■ Feet Abbi Wittman From: Angela Rassas <arassas@tollbrothers.com> Sent: Monday, July 5, 2021 4:31 PM To: Abbi Wittman Cc: 'sjajm5@msn.com'; Reabar Abdullah Subject: RE: Marylane Avenue Application Attachments: 210623.Final Plat Markups and Exhibits.pdf [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 Abbi- Thank you to you and Reabar for speaking with Mr. Johnson and me a couple weeks ago regarding the Maryland Avenue project. Previously, Mr. Johnson spoke at the April 6, 2021 City Council meeting and requested that an on -site buffer along the property line be maintained, similar to the adjacent development to the south. As discussed, Mr. and Mrs. Johnson are still very concerned with the extent of clearing behind their property for the proposed Marylane development, as this requested buffer on the subject property is not provided on the approved preliminary plat or proposed final plat currently under review. In addition, the buffer within the City property is being cleared immediately behind their property, 1444 Monterey Court, for the proposed storm outfall. Mr. and Mrs. Johnson have been impacted by extensive clearing behind their lot due to other adjacent property developments and respectfully request that additional consideration be made to the following on the Marylane property: 1) Provide more tree save buffer along the Marylane Avenue property line 2) Minimize the clearing within the City property 3) Provide additional, new landscaping (above the 6 trees currently shown) on the rear property line of the Marylane property and within the City property to offset the cleared areas 4) Reduce on -site clearing for storm sewer easements and expanded BMP/SWM facility footprint since prelim plat approval I've attached the markups that we discussed on our call and exhibits showing the affected areas of clearing. We appreciate your commitment to get back to us on the discussed pending items and to keep us up to date on the status of the final plat and landscape plan reviews. Thank you for your consideration. Angela Rassas Land Entitlement Director, DC Metro Toll Brothers Inc 19775 Belmont Executive Plaza, Ashburn, VA 20147 Office: (571) 291-8814 1 Cell: (703) 431-1770 FORTUNE um YEAR oNFORTUNE WORLD'S WORLO'SMOST MOST ADMIRED COMPANIES LIST ADMIRED 2021 FORTUNE Media 1P Limited. COMPANI[S Used under license. 1 From: Abbi Wittman <awittman@ci.stillwater.mn.us> Sent: Monday, June 21, 2021 12:49 PM To: Angela Rassas <arassas@tollbrothers.com> Cc: 'sjajm5@msn.com' <sjajm5@msn.com>; Reabar Abdullah <rabdullah@ci.stillwater.mn.us> Subject: RE: Marylane Avenue Application Angela: Both Reabar and I are available on Wednesday, June 23rd from 2:30-3:30 pm The Tree Preservation Plan requires: a. Location, size and species of all trees that are six caliper inches or greater for deciduous trees, or ten feet in height for coniferous trees b. Trees to be preserved. c. Trees to be removed. d. Trees within 30 feet of grading limits. e. Method of tree protection. f. Tree replacement plan. Our Tree and Forest Protection Regulations are slightly different in that they indicate: 1. Private development may not reduce the existing tree or woodland cover by an area greater than 35 percent. The under story plants and root area around preserved trees should not be disturbed except for removal of invasive plants or under planting of desirable plant material. This requirement does not prohibit lawn establishment or maintenance by other means. We have applied this as 35% of the total number of significant trees (since Tree Protection Plan requirements noted in this code section apply to subdivisions). Anything in excess of 35% loss requires 1:1 replacement. a. A Significant tree means a tree measuring at least 6 inches in diameter at 54 inches above ground (dbh). Cottonwood, silver maple, and box elder are protected as a size of 20 inches (dbh). Buckthorn and Siberian elm are not considered significant trees at any size. 2. Development may not reduce the existing crown cover greater than 50 percent and may preserve the under story. This has been interpreted to not include invasive species. Offsite trees are not required to be surveyed and are not shown on the plans but canopy cover area appears to be. We look forward to talking with you later this week. Abbi P: 651-430-8822 F: 651-430-8810 From: Angela Rassas [mailto:arassas@tollbrothers.com] Sent: Sunday, June 20, 2021 6:45 PM To: Abbi Wittman <awittman@ci.stillwater.mn.us> Cc: 'sjajm5@msn.com' <sjajm5@msn.com>; Reabar Abdullah <rabdullah@ci.stillwater.mn.us> Subject: Re: Marylane Avenue Application [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. 2 Hi Abbi- Thank you so much for the email and all of the attached documents. Very helpful. That would be great if we could set up a meeting with you , Reabar, and Mr. Johnson later this week. Do any times on Wednesday work for both you and Reabar between 9-12 or 2-3:30? If not, please let us know when you would be available on Thursday or Friday. In the meantime, I also have a couple questions related to the City's tree preservation plans that would be helpful to understand as I review their submission: • What is the minimum DBH required to be surveyed? • Are offsite trees on the City property surveyed and shown on the submitted plans? Thank you very much for making time to meet with us. We greatly appreciate your time and support. Angela Rassas Land Entitlement Director , DC Metro Toll Brothers 19775 Belmont Executive Plaza, Suite 250, Ashburn, VA 20147 Office: (571) 291-8814 i Cell: (703) 431-1770 From: Abbi Wittman <awittman@ci.stillwater.mn.us> Sent: Friday, June 18, 20215:05:04 PM To: Angela Rassas <arassas@tollbrothers.com> Cc: 'sjajm5@msn.com' <siaim5@msn.com>; Reabar Abdullah <rabdullah@ci.stillwater.mn.us> Subject: RE: Marylane Avenue Application EXTERNAL EMAIL : Use caution with links and attachments Hello Angela. The plans you have are not up to date. I have requested the Browns Creek Watershed District send over the final stormwater pond plans that, to my knowledge, have been conditionally approved. 0 Please take a look at the attached which shows a 2020 aerial. I recognize this is not a Certificate of Survey but gives a visual representation of the subject properties and vegetation coverage. The new pipe will be located in the area that has already been disturbed. In discussion with our Engineering team, this design was chosen as to minimize vegetation loss in this area. Our platting process is two -fold: preliminary and final. They gained preliminary plat approval in April. So long as the final plat is substantially similar to the preliminary plat, the Council can approve as a regular item of business. Part of the Preliminary Plat review discussions had to do with the concern for the vegetation/tree loss near the property line. No tree additional tree loss is proposed for the 40' wide strip of land between Mr. Johnson's property and the future Marylane Gateway Addition properties. This is why we indicated a buffer would remain. I have attached the following items: 1. Resolution approving the preliminary plat. 3 2. Original tree preservation and landscape plans. 3. Final Plat with updated plans (which includes the tree preservation and landscape plan) I have yet to review the plans for conformance to the originally approved tree preservation and landscaping plans. I can see that additional vegetation is proposed to be removed throughout the development but I do not know if that is or is not in conformance with the City Codes. The updated landscaping plan also includes additional new trees installed along the easterly property line and around the storm pond to help re-establish disturbed lands. I am happy to meet with you via Zoom next week. I am available on Monday from 2-4:00 pm but I don't know that I will have been able to cross -compare the plans with the City Codes by then. I will say that when it comes to the design of the pond and the storm systems in this area, I will not be able to speak to the approved design. If you would like to chat with someone about design specifically, you may want to reach out to Assistant City Engineer Reabar Abdullah. I have included him on this email for reference. If you would like us to find a couple times later in the week the both of us are available to meet, please let me know. Abbi Jo Wittman, City Planner 216 4th Street North, Stillwater, MN 55082 P: 651-430-8822 I F: 651-430-8810 From: Angela Rassas[mailto:arassas@tollbrothers.com] Sent: Thursday, June 17, 2021 2:28 PM To: Abbi Wittman <awittman@ci.stillwater.mn.us> Cc: 'sjajm5@msn.com' <sjajm5@msn.com> Subject: Marylane Avenue Application [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 Abbi- Thanks for speaking with me today about the Marylane Avenue project. As discussed, can you please send us the submitted final plat, landscape plans, and current aerial of the existing cleared area for the Marylane Avenue application currently under review by the City? Below is the area from the Preliminary Plat that I was trying to explain over the phone. 4 a 4 1 Ice roe 1144 Wiry Carl pfoparr IMMIX' CAI - Ma Mal . IF, Ir SIB r- I •-..I. all — a Also, in the City Council meeting on April 6, 2021 and his previous letter, Mr. Johnson of 1444 Monterey Court, who is an adjacent owner most affected by the clearing activities in the rear of this site, requested that a buffer similar to the developed properties to the south be maintained. During the April 6th meeting, Mayor Koslowski's response to Mr. Johnson's request was that the City Council received assurances that the requested buffer was being provided. As the preliminary plat plans do not provide this buffer, we would like to have the opportunity to review the current set of final plat/plans prior to approval. I am available on Monday from 12-4pm. Please let me know your availability and I will send you a Zoom invite. Thanks again for your time and I look forward to speaking with you on Monday. Angela Rassas Land Entitlement Director, DC Metro Toll Brothers Inc 19775 Belmont Executive Plaza, Ashburn, VA 20147 Office: (571) 291-8814 I Cell: (703) 431-1770 ' r ! 10" YEAR ON FORTUNE WORLD'S 4iI�Rl� S MOST MOST ADMIRED COMPANIES LIST ADMIRED h. 2021 FOR IUh4E Meow r} 1Imulud Q 1PANIES;; 1.1144undo,licon$#. 5 Aerial Image MARYLANE AVE MONTEREY R MONTEREY CT 1438 MONTEREY CT 1432 NONcT REY { 1465 MONTEREY CT MONTEREY ET ® All Pictomet.r.y, 05/3012020 City Council Meeting April 6, 2021 Councilmember Polehna asked for assurance that drainage will not go into neighboring yards because the City spent $100,000 a couple years ago to fix the water issues. Councilmember Junker added that all five lots appear to be in a low area. Public Works Director Sanders stated when the Marylane Drainage Project was done, the City accounted for future development of this property. The drainage way and pipes were designed to handle a single family development. The Council should also keep in mind that when these new developments occur, they are required to maintain a rate and volume control from existing to developed property so the water leaving the site does not increase. The original design for this project had two outlets and City staff informed the engineer this was not the way the City wanted it done because the City had spent funds to get the drainage to work better. Mayor Kozlowski opened the public hearing. Steve Johnston, Elan Design Lab, stated they have no issues with the recommended conditions. Plans have already been modified to address water drainage concerns expressed by staff. They are working with staff to resolve all the engineering issues. Scott Johnson, 1444 Monterey Court, requested a buffer behind his home which is behind Lot #6. All the homes to the south have a buffer behind them. He would like a similar buffer through this development as done for the development to the south. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt Resolution 2021-047, A Resolution Approving a Preliminary Plat for Marylane Gateway Addition, Case No. 2021-13, with the 15 conditions recommended by staff, with Condition #1 amended to reference the new tree preservation and landscaping plan, and to adopt first reading of an Ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately three acres to RB, Two -Family Residential. All in favor. To consider amending the Stillwater City Charter regarding Administrative Citations City Attorney Land explained that the proposed Charter amendment would add the ability for the City Council to consider enacting an ordinance regarding administrative citations for code violations, and the ability to assess them for non-payment. The Charter Commission and staff recommend approval. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt first reading of an Ordinance amending the Charter of the City of Stillwater. All in favor. UNFINISHED BUSINESS There was no unfinished business. Page 7of13 2 3 4 5 951.0 FBWO f95, 959.0 GRADING NOTES 1. VERIFY ALL FIELD CONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. IF ANY DISCREPANCIES OR UNKNOWN UTILITIES ARE FOUND THAT IMPACT DESIGN OR IMPAIR CONSTRUCTION, THE ENGINEER AND OWNER SHOULD BE IMMEDIATELY NOTIFIED. 2. ALL WORK TO COMPLY WITH CURRENT MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) STANDARD SPECIFICATIONS FOR CONSTRUCTION UNLESS NOTED. 3. FOLLOW ALL RECOMMENDATIONS IN THE GEOTECHNICAL REPORT PREPARED FOR THIS PROJECT BY HAUGO GEOTECHNICAL SERVICES DATED FEBRUARY 8, 2021. 4. ALL UNDOCUMENTED FILL, AND TOPSOIL SHALL BE REMOVED FROM WITHIN THE PROPOSED BUILDING PADS. A GEOTECHNICAL ENGINEER OR THEIR DESIGNATED REPRESENTATIVE SHALL OBSERVE THE PROJECT EXCAVATIONS TO VERIFY THAT UNSUITABLE MATERIALS HAVE BEEN PROPERLY REMOVED FROM PROPOSED STRUCTURAL AREAS, THAT ADEQUATE BEARING SUPPORT IS PROVIDED BY THE EXPOSED SOILS AND THAT STRUCTURAL FILL IS PLACED APPROPRIATELY. THE EXPOSED SOIL AT THE BASE OF FOOTINGS SHALL BE COMPACTED TO 98 PERCENT PROCTOR DRY DENSITY (ASTM D698). 5. ON -SITE NON -ORGANIC SOIL IS GENERALLY SUITABLE FOR STRUCTURAL FILL. SILTY OR ORGANIC SOILS SHALL NOT BE USED FOR STRUCTURAL FILL. PLACEMENT OF STRUCTURAL FILL SHALL BE OBSERVED AND TESTED BY AN EXPERIENCED TECHNICIAN OR ENGINEER TO VERIFY THAT PROPER COMPACTION HAS BEEN ACHIEVED. STRUCTURAL FILL SHALL BE MOISTURE CONDITIONED (DRIED OR WETTED) AS APPROPRIATE PRIOR TO PLACEMENT. MOISTURE CONDITIONED ENGINEERED FILL SHALL BE PLACED AND COMPACTED IN LOOSE LIFTS OF 8 INCHES OR LESS. EACH LIFT OF FILL SHOULD BE COMPACTED BY LARGE VIBRATORY EQUIPMENT UNTIL THE IN -PLACE SOIL DENSITY IS EQUAL TO OR GREATER THAN THE CRITERIA ESTABLISHED WITHIN THE FOLLOWING TABULATION. TYPE OF CONSTRUCTION NON -ENGINEERED FILL (GREEN SPACE) ENGINEERED FILL BELOW FOUNDATIONS ENGINEERED FILL BELOW FLOOR SLABS ENGINEERED FILL PLACED AS PAVEMENT AGGREGATE BASE ENGINEERED FILL PLACED BELOW PAVEMENT AGGREGATE BASE COMPACTION CRITERIA 90 98 98 95 100 MOISTURE CONTENT -5 TO +5%, -3 TO +3% FOR SOILS WITH <12% P200, -1 TO +3% FOR ALL OTHER SOILS -3 TO +3% FOR SOILS WITH <12% P200, -1 TO +3% FOR ALL OTHER SOILS -3 TO +3% FOR SOILS WITH <12% P200, -1 TO +3% FOR ALL OTHER SOILS -3 TO +3% FOR SOILS WITH <12% P200, -1 TO +3% FOR ALL OTHER SOILS INFILTRATION BASIN TESTING CONTRACTOR MUST CONDUCT A POST CONSTRUCTION TEST ON ALL INFILTRATION BASINS IN CONFORMANCE WITH BROWNS CREEK WATERSHED DISTRICT RULES. CONTRACTOR SHALL NOTIFY ENGINEER, CITY ENGINEER AND BROWNS CREEK WATERSHED DISTRICT 48 HOURS PRIOR TO THE TEST TO FACILITATE OBSERVATION OF TEST RESULTS. 6. SIDEWALLS SHALL BE BENCHED OR SLOPED TO PROVIDE SAFE WORKING CONDITIONS AND STABILITY FOR ENGINEERED FILL PLACEMENT. THE CONTRACTOR IS SOLELY RESPONSIBLE FOR ASSESSING THE STABILITY OF AND EXECUTING PROJECT EXCAVATIONS USING SAFE METHODS. THE CONTRACTOR IS ALSO RESPONSIBLE FOR NAMING THE "COMPETENT INDIVIDUAL" AS PER SUBPART P OF 29 CFR 1926.6 (FEDERAL REGISTER - OSHA). IF SOIL CORRECTION IS REQUIRED IT SHALL EXTEND 3 FEET OUTSIDE OF THE PAVEMENT OR BUILDING LIMITS PLUS ONE FOOT HORIZONTAL FOR EVERY VERTICAL FOOT OF CORRECTION. 7. IT IS RECOMMENDED THAT A SUBSURFACE DRAINAGE SYSTEM BE INSTALLED AT THE BASE OF BASEMENT FOUNDATION WALLS AND UNDER WALKS AND PATIOS. IT IS RECOMMENDED THAT SEPARATE FOUNDATION DRAINAGE SYSTEMS BE INSTALLED ON BOTH THE INTERIOR AND EXTERIOR OF THE FOUNDATION. THE DESIGN OF THESE SYSTEMS SHALL BE PROVIDED BY THE BUILDER. 8. THE CONTRACTOR SHALL PROTECT THE SUBGRADE FROM INCLEMENT WEATHER TO MAINTAIN STABILITY. FOLLOWING REMOVAL OF TOPSOIL, PAVEMENT, AND ANY UNSUITABLE SOILS, THE RESULTING SUBGRADE SHOULD BE SCARIFIED AND RE -COMPACTED TO A DEPTH OF 12 INCHES. A PROOFROLL TEST SHOULD THEN BE PERFORMED TO DETERMINE SOFT OR UNSTABLE SUBGRADE AREAS. IF RUTTING OR LOCALIZED UNSTABLE SUBGRADE AREAS ARE OBSERVED, THOSE AREAS SHOULD BE SUBCUT, MOISTURE -CONDITIONED, AND RE -COMPACTED OR REMOVED TO A STABLE DEPTH. THE PROOF ROLL SHOULD BE PERFORMED WITH A TANDEM AXLE DUMP TRUCK LOADED TO GROSS CAPACITY (AT LEAST 20 TONS). ACCEPTANCE CRITERIA OF THE PROOF ROLL SHALL BE LIMITED TO RUT FORMATION NO MORE THAN ONE INCH (1") DEPTH (FRONT OR REAR AXLES) AND NO PUMPING (ROLLING) OBSERVED DURING THE VISUAL INSPECTION. PROOF ROLL TESTS SHOULD BE OBSERVED BY AN EXPERIENCED TECHNICIAN OR ENGINEER PRIOR TO PLACEMENT OF THE AGGREGATE BASE COURSE TO VERIFY THE SUBGRADE WILL PROVIDE ADEQUATE PAVEMENT SUPPORT. 9. PAVEMENT BITUMINOUS PAVEMENT 2.0" BITUMINOUS WEAR (MNDOT 2360 - SPWEA240B) TACK COAT (MNDOT 2357) 2.0" BIT NON -WEAR (MNDOT 2360 SPNWB230B) 6" AGGREGATE BASE (MNDOT 3138 CL5 OR CL7) 24" SELECT GRANULAR SUB -BASE COMPACTED SUBGRADE 10. THE BROWNS CREEK WATERSHED DISTRICT ENGINEER AND INSPECTOR SHALL BE NOTIFIED AT LEAST 3 DAYS PRIOR TO COMMENCEMENT OF WORK. LEGEND BUILDING PAD REAR ELEV pTYPE OF BUILDING BASEMENT ELEV + + + + ++++ .. - FRONT ELEV CONCRETE PAVEMENT ASPHALT PAVEMENT MNDOT MIXTURE 25-141 GENERAL ROADSIDE BROADCAST SEEDING TEMPORARY - MIXTURE 21-111 OATS COVER CROP SEEDING RATE PLS 59 LBS/AC. FIBER BLANKET MnDOT CATEGORY 3N (ALL SEEDED SLOPE >4:1, DITCH BOTTOM, AND INFILTRATION BASINS) MNDOT MIXTURE 33-261 STORMWATER SOUTH BROADCAST SEEDING TEMPORARY - MIXTURE 21-111 OATS COVER CROP SEEDING RATE PLS 35 LBS/AC. SOD SILT FENCE DITCH CHECK FILTER LOGS AFTER CONSTRUCTION AND STABILIZATION CULVERT INLET PROTECTION ELEELE 11. CONTOURS MAY NOT REFLECT BUILDING OR STREET HOLDDOWNS. REFER TO PROFILES, SECTIONS AND DETAILS 12 SEDIMENT AND RUNOFF SHALL BE KEPT AWAY FROM THE INFILTRATION FACILITIES USING PRACTICES SUCH AS DIVERSION BERMS AND VEGETATION AROUND THE PERIMETER. THE INFILTRATOIN FACILITY SHALL NOT BE EXCAVATED TO FFINAL GRADE UNTIL THE CONTRIBUTING DRAINAGE AREA HAS BEEN CONSTRUCTED AND FULLY STABILIZED. THE FINAL PHASE OF EXCAVATIONS SHALL REMOVE ALL ACCUMULATED SEDIMENT, AND BE DONE BY LIGHT TRACKED EQUIPMENT TO AVOID COMPACTION OF THE BASIN FLOOR. THE SOILS OF THE BASIN FLOOR SHALL BE LOOSENED TO A DEPTH NO LESS THAN 24" AT A MAXIMUM COMPACTION OF 85% STANDARD PROCTOR DENSITY PRIOR TO PLANTING. AT SITES WHERE BLOW COUNTS PER FOOT EXCEED 10, SOILS SHALL BE LOOSENED TO A DEPTH OF 5 FEET BEFORE PLANTING. 13. THE UPPER 10" OF INFILTRATION BASIN SOIL SHALL BE TILLED PRIOR TO PLANTING. 14. THE MAXIMUM ALLOWABLE DRIVEWAY GRADE IS 8% BUILDING PAD NOTES 1. BUILDING SETBACK: FRONT 30 FEET SIDE GARAGE 5 FEET SIDE HOUSE 10 FEET 2. FB = FULL BASEMENT - NO CHANGE IN REAR GRADE FROM FRONT TO BACK OF HOME) 3. FBLO = FULL BASEMENT LOOKOUT - GRADE AT REAR OF HOME ALLOWS FOR WINDOWS 42" ABOVE BASEMENT FLOOR. 4. FBWO = FULL BASEMENT WALKOUT - GRADE AT THE REAR OF THE HOME FACILITATES INGRESS AND EGRESS ACCESS. GENERALLY THIS DESIGN ALLOWS FOR A MAXIMUM CEILING HEIGHT OF 8' IN BASEMENT. A 7' OR 7.5' FBWO INDICATES THAT AN ADDITIONAL STEP OR TWO IS REQUIRED BETWEEN THE GARAGE FLOOR AND THE FIRST FLOOR OF THE HOME. Da1 rn \ ) w D 0) 0 W 0 � \ EXISTING HOUSE XX 1\ icy 1 1 I I 1 1 1 1 0 I I I I 1 I I 1 I 1 I 10 I 11 1 (i_ n co 0o (ri rn X 3' CURB TAPER FROM SURMOUNTABLE TO 0" RIBBON CURB SILT FENCE (TYP) II II 1 II ASPHALT DRIVEWAY SECTION I GARAGE • • CC oF, II \ 2 \0 00 0 0 X • 908 909 910 913 907.0 FBWO CONSTRUCTION ENTRANCE ADJUST LOCATION AS NEEDED INSTALL TWO ROWS OF SOD BEHIND CURB OLQX 1 1 r SILT FENCE (TYP) 0 - / A . . t► ♦ _ _ A. _ -.A .g r19�= w.- �' - I_,. • • • • • •�_�`�• • + -+- 1--+ ++++++ +▪ +++++▪ +++�+ ▪ ++++++ + + + + + + FENCE (TYP) 3\� BLOCK INFILTRATION BASIN BOTTOM 902.6 OUTLET 903.0 RETENTION STORAGE 3,011 CF HWL 904.0 +++++ + ++++ �+-4 -*--+� s-+�L + + + + + + + + + + + + + + + + + + +++++ + + + + + + + + + + + + + + +++++++++++++++++++++ + ++++ +++++++++++++++++++++ + ++ +++++++++++++++++++++++ + ++++ +++++++++++++++++++++ + +++++++++++++++++++++++++ +++++ +++++++++++++++++++++ `t +++++++++++++r+ +++++ + f + + + + + + +/� + + + + + + + + + + + +ry+ + + + + + + + + + + + + + + + + + + + + + ;; 4.*+*+++++++++1+✓+1.++++++++++++++++-+++I+*++++\++++++++++++++++1+++++++++++++++++++++++++++++++++++++++*+ + + + + +<+ + + + + + + + + + + + + + + + +/ + + + + + + + + + + + + + + + + + + + + + + + + + + + a/+ + + + + + + ▪ + + + + + ▪ + + + + + + + ▪ + + + + + + + + + + + + + + + + + + + ▪ + + + + + ▪ + + ▪ + + +/+ ▪ + ▪ + + F _ \+I++ +++++++++++++++G++++++++ +++++++++++++++_«++++++ .. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + j + + + + + + + + + + + + + + + +- ; ,-+ .�+ + + + + + + + + + •_.* + + + + + + + + + + + + + + + + + + + + + + + �r + + + �T + + +mac + + + + + + + ++ + + + + + + + + + + + + + + + + + + + + +i✓+ • • • ++ + + + +�+ + + + + + + + + + IA... + + + + + + + + + + + + + + � + + + + + + + + + + ++' + + + +,+ + + + + + + + + + + + • ��c • +mac + + + + + + + + + + + + T++++++++++++ _ --- _ 904 +++++++++++4.+4.++, �+ + ++++++ +� /� ++++++++++++++ + ++▪ ++▪ ++++▪ +▪ +++ A2 \\ C-502 I BUILDING PAD I \ \ 1 CONSTRUCTION 906.0 7.5' - FBWO BITUMINOUS INTERLOCK AT MATCHLINE CDA2 SITE, GRADING, EROSION & SEDIMENT CONTROL PLAN 1"=20' EROSION CONT BLANKET (TYP) 906 907 908 906.0 7.5' - FBWO 30' SETBACK SURMOUNTABLE CURB & GUTTER (TYP) MARYLANE AVE. N. 1+++++++++++++ • + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 1+ ++++++++++++++ ++++++++++++++ + +++ + ++++++`++++++++++` ++++'+ ++▪ ++++++++++++ +/++++++++++++++, ++++++++++++++ ++++++++++++++1. ++++++++++++++++ • '+++'+++++++++++++`+'+`+++++'1+ 1+1+++++++++++++++ +r+ + + + +▪ + ++++++++++++++ ++ + ++++++++++++ +++++++++++++++++ + 4) + + + + + + + + + + + + + ++++++++++++++++ ++X++++++++++++++ + ++++++++++++++++ ++++++++++++++++ + +++++++++++++++ + +++++++++++++++++ ++\+++++++++++++++/ + +++++++++++++++++ - - 906.0 7' - FBWO INLET PROTECTION 0) 0 0 CATCH BASIN INSTALLATION /O6 FILTER LOG INSTALLED AFTER CONSTRUCTION AND STABILIZATION X N (ri 0 rn SILT FENCE (TY 906 907 908 906.0 7' - FBWO II TEMPORAR CONSTRUCTION EAS MENT TO BLEND F NAL - LGT-GRADING TO BE ACQUI ED BY THE DEVELOP Z'l06X 00 (i co 0 X o 3' TRANSITION FROM SURMOUNTABLE TO B618 CURB ON EACH SIDE OF CATCH BASIN. MEET AND MATCH EXISTING CURB AND PAVEMENT Know what's below. Call before you dig. 20 60 SCALE IN FEET MISSY HAUSE JEFF HAUSE JAM FREEDOM, LLC 613 155TH AVE SOMERSET, WI 54025 651-442-6555 PROJECT MARYLANE GATEWAY STILLWATER, MINNESOTA SHEET INDEX FINAL PLAT AND PERMIT APPLICATION 04/16/2021 REVISION DATE SWMP DISCUSSION CITY RESUBMITTAL 04/06/2021 04/16/2021 Civil Engineering i Landscape Architecture I Construction Services MINNEAPOLIS, MN 55415 p 612.260.7980 f 612.260.7990 CERTIFICATION I hereby certify that this plan, specification or report was prepared by me, or under direct supervision, under the la ccOtat40 C,0°‘°C Stephen M. Johnston REGISTRATION NO. 18914 DATE 04/16/2021 SHEET SITE, GRADING, EROSION & SEDIMENT CONTROL PLAN C-201 PROJECT NO. LANDSCAPE NOTES 2 3 4 5 0 0 1. LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR FINISHED GRADING AND POSITIVE SURFACE DRAINAGE IN ALL LANDSCAPE AREAS. LANDSCAPE CONTRACTOR MUST ENSURE THAT THE FINAL GRADES ARE MET AS SHOWN ON GRADING PLAN. IF ANY DISCREPANCIES ARE FOUND, IMMEDIATELY NOTIFY LANDSCAPE ARCHITECT FOR RESOLUTION. 2. ALL PLANT MATERIALS ARE TO CONFORM WITH STATE & LOCAL CONSTRUCTION STANDARDS AND THE CURRENT ADDITION OF THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS. ALL PLANT MATERIALS ARE TO BE HEALTHY, HARDY STOCK, AND FREE FROM ANY DISEASES, DAMAGE, AND DISFIGURATION. 3. QUANTITIES OF PLANTS LISTED ON THE PLAN ARE TO GOVERN ANY DISCREPANCY BETWEEN THE QUANTITIES SHOWN ON THE PLANT SCHEDULE AND PLAN. PLACE PLANTS IN PROPER SPACING FOLLOWING LAYOUT FIGURES. 4. TOPSOIL TO BE MNDOT 3877.2E LOAM TOPSOIL BORROW FOR LANDSCAPED AREAS AND PLANTING BEDS. PROVIDE ROOTING TOPSOIL BORROW MNDOT 3877.2E FOR PLANT RESTORATION, WATER QUALITY, AND FILTRATION PLANTING. 5. PLANTING SOIL TO HAVE A PH BETWEEN 6.5-7.5, BE FREE OF CHEMICAL CONTAMINANTS, DEBRIS, LARGE ROCKS GREATER THAN 1/ 2" DIAMETER, AND FRAGMENTS OF WOOD. SUBSOIL SHALL BE SCARIFIED TO A DEPTH OF 4" BEFORE PLANTING SOIL IS SPREAD. 6. MULCH TO BE SHREDDED HARDWOOD BARK MULCH (MNDOT 3882 TYPE 6), CONSISTED OF RAW WOOD MATERIAL FROM TIMBER AND BE A PRODUCT OF A MECHANICAL CHIPPER, HAMMER MILL, OR TUB GRINDER. THE MATERIAL SHALL BE SUBSTANTIALLY FREE OF MOLD, DIRT, SAWDUST, AND FOREIGN MATERIAL AND SHALL NOT BE IN AN ADVANCED STATE OF DECOMPOSITION. THE MATERIAL SHALL NOT CONTAIN CHIPPED UP MANUFACTURED BOARDS OR CHEMICALLY TREATED WOOD, INCLUDING, BUT NOT LIMITED TO, WATER BOARD, PARTICLE BOARD, AND CHROMATED COPPER ARSENATE (CCA) OR PENTA TREATED WOOD. THE MATERIAL SHALL BE TWICE -GROUND/ SHREDDED, SUCH THAT; NO INDIVIDUAL PIECE SHALL EXCEED 2 INCHES IN ANY DIMENSION. x 7. APPLY FOUR (4) INCH DEPTH OF SHREDDED HARDWOOD BARK MULCH IN FOUR (4) FOOT DIAMETER RING AROUND ALL TREES. 8. SOD SHOWN ON LANDSCAPE PLAN TO BE INSTALLED BY LANDSCAPE CONTRACTOR. SOD SHALL CONFORM WITH MNDOT 3878.2A, BE DENSE, AND OF UNIFORM TEXTURE, FREE OF WEEDS AND DISEASE. APPLY MINIMUM SIX (6) INCHES OF TOPSOIL (MNDOT 3877) AND THOROUGHLY APPLY SLOW RELEASE FERTILIZER TO TOP TWO (2) INCHES BEFORE LAYING SOD. 9. FOLLOW LANDSCAPE DETAILS FOR ALL INSTALLATION, UNLESS OTHERWISE NOTED. 10. LANDSCAPE CONTRACTOR SHALL MAINTAIN PLANTS IN HEALTHY CONDITION THROUGHOUT WARRANTY PERIOD. THE WARRANTY PERIOD IS TWO FULL YEARS FROM DATE OF PROVISIONAL ACCEPTANCE UNTIL FINAL ACCEPTANCE. WARRANTY PERIOD FOR PLANT MATERIAL INSTALLED AFTER JUNE 1ST SHALL COMMENCE THE FOLLOWING YEAR. PLANT SCHEDULE KEY QUANT. COMMON NAME SCIENTIFIC NAME SIZE ROOT COND. MATURE SIZE DECIDUOUS TREES AR 5 AUTUMN RADIANCE RED MAPLE GD 5 ESPRESSO KENTUCKY COFFEETREE QB 5 SWAMP WHITE OAK ACER RUBRUM AUTUMN RADIANCE' GYMNOCLADUS DIOICUS 'ESPRESSO-JFS' QUERCUS BICOLOR 2.5" CAL. 2.5" CAL. 2.5" CAL. B&B 50'H X 35'W B&B 50'H X 35'W B&B 50'H X 40'W U Z . m Zm co T— O CC I,dllull IIIIAIIIJII I�uiI d iull �IIIAllull loll TREE GUARDS ONE FLAG PER WIRE COMPACT PLANTING SOIL — SCARIFY SIDES OF PIT PRIOR TO PLANTING 3" MIN.- 8" DIAMETER 2-PLY CORRUGATED HDPE GUARDS UV INHIBITOR -TREATED WHITE EXTERIOR WITH BLACK INNER SURFACE SET BOTTOM FIRMLY IN SOIL MULCH DISH I I I AINJ l I III II,d1IIJ I I (IIAIIIJII MIA NOTES MAINTAIN TREE IN PLUMB POSITION THROUGHOUT THE WARRANTY PERIOD (SEE SPECIFICATIONS). TREE STAKING AND ITS METHOD ARE OPTIONAL TO CONTRACTORS. TWO ALTERNATIVES ARE SHOWN. MINI uuAlNdll�m III III II MOUND SUBGRADE SCARIFY BOTTOM PRIOR TO PLANTING PLANTING PIT 2-3 X DIA. OF SOIL BALL DUG & TILLED PIT 3-5 X DIA. OF SOIL BALL DECIDUOUS TREE PLANTING DOUBLE STRAND 14 GA. WIRE & 3 STEEL STAKES AT 120 DEGREE INTERVALS 16" POLYPROPYLENE OR POLYETHYLENE, 40 MIL, 1-1/2" WIDE STRAP 8' STEEL STAKE INSTALL ON THE SIDE fOF PREVAILING WIND uil,ym�l IMi,a�I � TREE WRAP TO FIRST BRANCH ROOT FLARE AT FINISHED GRADE OR FIRST MAJOR BRANCHING ROOT AT 1 INCH BELOW SOIL LINE CUT AND REMOVE TOP 1/3 BURLAP (MIN.), WIRE BASKET, AND ALL NYLON CORD MULCH, EDGING, & DISH RING (SEE LANDSCAPE NOTES) PLANTING SOIL WATER & TAMP TO REMOVE AIR POCKETS NO SCALE 'WV CC 0 o� 0 , — J L L 1 AR Olaf 1 QB 3 OCK 1 ADJUST LOCATIONS OF TREES TO AVOID CONFLICTS WITH UNDERGROUND TELEPHONE AND ELECTRIC EXISTING TREES & VEGETATION 2 AR CD I— I— Ili 05 4 PRESERVATION AND REMOVAL OF EXISTING NON SIGNIFICANT TREES AND VEGETATION COVERS OUTSIDE CONSTRUCTION LIMITS TO BE DETERMINED BY HOMEOWNER. (TYP) • • 5 FOUNDATION PLANTING AROUND HOUSE BY OTHERS (TYP) INFILTRATION BASIN 1 AR INSTALL STREET TREE 10' FROM RIGHT-OF-WAY (TYP) Al L-101 DECIDUOUS TREE PLANTING (TYP) 5 GD o o LANDSCAPE PLAN MARYLANE AVE. N. LEGEND EXISTING SIGNIFICANT TREE & CANOPY COVER Know what's below. Call before you dig. SOD GENERAL ROADSIDE SEEDING SEE SHEET C-201 FOR SEEDING NOTES STORMWATER SEEDING SEE SHEET C-201 FOR SEEDING NOTES 20 60 SCALE IN FEET MISSY HAUSE JEFF HAUSE JAM FREEDOM, LLC 613 155TH AVE SOMERSET, WI 54025 651-442-6555 PROJECT MARYLANE GATEWAY STILLWATER, MINNESOTA SHEET INDEX FINAL PLAT AND PERMIT APPLICATION 04/16/2021 REVISION DATE SWMP DISCUSSION CITY RESUBMITTAL 04/06/2021 04/16/2021 Civil Engineering i Landscape Architecture I Construction Services MINNEAPOLIS, MN 55415 p 612.260.7980 f 612.260.7990 CERTIFICATION I hereby certify that this plan was prepared by me, or under my direct supervision, anAat I am a duly Licensed Landscaptpct0Or the la s f the state of MIWA\ CO cl\O Pilarsinee Saraithong REGISTRATION NO. 45059 DATE 02/26/2020 SHEET LANDSCAPE PLAN L-101 PROJECT NO. Culvert OutfallsBuffermaintained byneighboringdevelopmentCurrent Views from1444 Monterey Court Culvert outfallsCleared areas byneighboringdevelopementApproximate locationEx. manholeEx bufer in Cityproperty alongapproximately half of1444 Monerey Courtproperty line Current Buffer inCity property NI 1 1\7 ter The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING July 6, 2021 REGULAR MEETING - Cancelled, no workshop items 4:30 P.M. RECESSED MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Resolution 2021-085, Certificate of Appreciation Retirement for Jake Bell, Firefighter 2. Comprehensive Financial Report Audit Review - Chris Knopik, ClifftonLarsonAllen V. OPEN FORUM - the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Community Development Director 8. City Clerk 9. City Attorney 10. City Administrator VII. CONSENT AGENDA - these items are considered routine and will be enacted by one motion with no discussion. A council member or citizen may request an item to be removed from the consent agenda and considered separately. 11. June 15, 2021 Regular Meeting Minutes 12. Payment of Bills 13. Action Plan for Bicycle Friendly Communities - Resolution 14. Brown's Creek Trail Winter Maintenance Cooperative Agreement - Resolution 15. Empire Hospitality LLC, dba Devil's Advocate Stillwater, New On -Sale with Sunday Sales Liquor License 16. Mad Capper Change of Ownership for On -Sale with Sunday Sales Liquor License - Resolution 17. Lumberjack Days 5K/10K Event 18. Parking Lot Project at Millbrook Field West and City Lot 11 19. Special Assessment Abatement for 121 Chestnut Street - Resolution 20. St. Mary's Wild Rice & German Festival Event and Temporary Liquor License 21. Stillwater Chamber of Commerce Temporary Liquor License for the Lift & Loop Event 22. Washington County Sheriff's Office Joint Powers Agreement and Security Agreement for Law Enforcement Records Management System VIII. PUBLIC HEARINGS - when addressing Council please limit your comments to 10 minutes or less. 23. CPC Case No. 2021-37 Zoning Text Amendment and Historic Use Variance. Property located at 626 4th St N. Notices mailed to affected property owners and published in the Stillwater Gazette on Friday, June 11, 2021. - Ordinance 1st Reading IX. UNFINISHED BUSINESS - None X. NEW BUSINESS 24. Opera on the River Event Fees Waiver Request 25. MN Lottery Adirondack Chair in Lowell Park 26. Acquisition Resolution for St Croix River Riverbank Stabilization and Riverwalk Project - Resolution 27. CPC Case No. 2021-14 Final Plat and Development Agreement for Marylane Gateway Addition. Property located at 8384 Marylane Ave N. - Resolution 28. CPC Case No. 2021-34 Variance to the maximum allowed height within the Downtown Height Overlay District. Property located at 223 Main St S. - Resolution XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda June 6, 2021 Cite of 'titttuater, fliliuue5ota Resolution 2021-085 Jacob BeCC WHEREAS, Jake BeCC, is retiring from City employment as Part-gime On Call firefighter, effective June 3o, 2021. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that for his dedicated service to the City, Jake is hereby commendedfor serving the City of Stillwater, andits citizens faithfully, efficiently and courteously for 15 years. The CounciCregrets that he is retiring from City employment, and extends to him their appreciation for his dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of .Appreciation upon the officiaC record of the City Council and to deliver a certified copy thereof to Jake BeCC. Adopted by the City CounciCthis 6th day of JuCy, 2021. .Mayor CITY OF STILLWATER lik, 2020 Audit and Financial Results , _ A u d i t o r C 0 ni 111 LJ 11 C a 1: i 0 11 S 111/ffiI'1 G o v e r 11 a nCCC o Auditor Responsibilities under Generally Accepted Auditing Standards • Accounting Policies -None for 2020 • Accounting Estimates -Depreciation, Actuarially Estimated OPEB Liability, Values of Investments, & Net Pension Asset/Liability - Noted to be Reasonable o Difficulties in Performing Audit - NONE • Misstatements/Corrections -Restatement for Capital Assets • Uncorrected Misstatements - NONE • Disagreements with Management - NONE • Supplementary/ statistical -auditor responsibility Audit Results AUDITOR OPINION ON FINANCIAL STATEMENTS - CLEAN. (FINANCIAL STATEMENTS FOUND TO BE FAIRLY STATED IN ALL MATERIAL RESPECTS) a INTERNAL CONTROL ■ 1 MATERIAL WEAKNESS - Restatement of Capital assets MINNESOTA LEGAL COMPLIANCE ■ 1 FINDING, DID NOT TRANSMIT PAYMENT WIHTIN 35 DAYS OF THE DATE OF RECEIPT. MN-471.425 THIS1S A FAVORABLE AUDIT RESULT- CITY FINANCE DEPARTMENT SHOULD BE COMMENDED ingle audit -internal Control and Compliance • The City had a single audit for 2020 due to incurring more than $750,000 in Federal expenditures. The City's $1,523,401 COVID-19 Coronavirus Relief Fund program was audited as major program. ■ This was 98% of the City's Federal grant expenditures. U.S. DEPARTMENT OF THE TREASURY • Received an unmodified opinion on compliance. • No compliance or controls over compliance findings were noted. • City did not qualify as a low -risk auditee. Future Pronouncements o GASB No. 87 - Leases - Effective December 31, 2022 ■ Delayed by Issuance of GASB No. 95 o GASB No. 96 - Subscription Based Information Technology Arrangements -Effective December 31, 2023 G�vernmental Funds General Fund -Days Operating Expenditures in Fuiid Balance 2010 2011 2012 2013 2014 2015 2016 2017 2018 Actual 0 Goal General Fund -Revenues $14,000,000 $13,000,000 $12,000,000 $11,000,000 $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- $(1,000,000) sew 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Other 228,550 240,326 183,339 264,272 298,076 229,570 127,714 129,864 708,563 149,147 Investment Income 39,260 30,391 (61,399) 90,738 18,808 (12,358) 12,130 37,294 66,981 64,476 Fines and Forfeits 110,929 103,368 106,638 113,685 113,246 69,881 83,481 225,310 214,108 188,653 Charges for Services 919,298 837,178 759,439 787,642 720,557 956,514 970,743 966,656 970,760 1,152,523 Intergovernmental 862,462 696,504 734,997 1,128,575 1,222,423 1,281,586 1,294,425 1,424,999 1,502,025 2,341,655 Special Assessments 15,334 17,216 14,054 31,025 19,929 15,157 21,428 9,736 7,187 4,330 Licenses and Permits 473,538 407,447 411,128 475,450 573,538 501,126 817,767 980,201 651,558 671,452 Franchise Taxes 431,579 437,774 441,958 444,672 449,333 462,988 467,214 351,721 600,965 488,199 Property Taxes $4,982,511 $5,378,336 $5,670,526 $5,746,441 $5,871,051 $6,359,683 $6,867,774 $7,198,935 $7,549,277 $8,098,584 neral Fund -Expenditures 12,000,000 11,000,000 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Capital Outlay 521,589 706,734 281,977 474,743 681,263 553,439 1,208,842 - Public Works 1,295,408 1,163,733 1,237,304 1,299,113 1,226,832 1,257,317 1,274,299 1,450,792 1,529,292 1,613,265 Public Safety 4,084,846 4,108,351 4,311,922 4,585,179 4,726,341 5,045,005 5,191,090 5,619,297 6,034,667 6,271,386 General Government 2,670,457 2,608,706 2,789,040 3,087,867 3,226,033 3,531,162 3,773,284 3,888,544 4,109,169 4,122,148 General Government • Public Safety • Public Works • Capital Outlay 2020Highlights-General Fund REVENUES • Collection Rate of 97.06% for Property Taxes • Over budget by $755,362 EXPENDITURES • Under budget by $354,761 o FUND BALANCE • Increased by $1,025,936 Sr Croix \/alley Recreation Center Fund $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,0 $- W 2011 2012 2013 2014 2015 2016 201 2018 2019-= =2020 • Operating Revenues • Operating Expenditures (inc. Capital Outlay) i')20 Hiqlilights-St Croix Valley Recreation Center Fuiid o REVENUES • Charges for Services - $1,265,839 o EXPENDITURES • Operating - $1,081,085 • Contribution to debt service - $168,622 o FUND BALANCE • Increased by $277,622 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 Parks Fund Operating Revenues & Expenditures 2012 2013 2014 2015 2016 2017 2018 2012020 • Property Taxes Other Revenues Operating Expenditures (w/o Capital Outlay) Capital Outlay 2020 Highlights -Parks Fund o REVENUES • Property Taxes - $984,006 • Other Revenues - $54,499 o EXPENDITURES • Operating - $889,160 o FUND BALANCE • Increased by $149,345 EnfTprise Funds �1 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $- Sanitary Sewer Fund 2011 2012 2013 2014* 2015 2016 201 2018* 2019 2020 • Operating Revenues • Operating Expenses * Rate increase occurred during these years $800,000 $600,000 $400,000 $200,000 so -$200,000 -$400,000 -$600,000 -$800,000 -$1,000,000 Sanitary Sewer Fund Cash Balance 2011 2012 2013 2014* 2015 2016 2017 2018* 2019 2020* * Rate increase occurred during these years 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 Storm Sewer Fund r • 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 • Operating Revenues Operating Expenses & Funding Transfers $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $- Signs & Lighting Fund 1 7 2012 2013 2014 2015 2016 2017 2018 2019 2020 ■ Operating Revenues Operating Expenses & Funding Transfers $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 $200,00 $150,000 $100,000 $50,000 Parking Fund 2011* 2012* 2013* 2014* 2015* 2016* 201 2018* 2019 2020 • General Parking Revenues • Parking Ramp Revenues General Parking Expenses Parking Ramp Expenses OPEB - Retiree/Active $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 2008 immil- it m a 2011 1 2014 2107 Retirees 2018 2019 2020 Actives $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 PEB - Direci/ImpIicit 2011 2014 2017 2018 2019 2020 Direct ■ Implicit OPEB -Future Payments Year Beginningianuary 1 and Ending December31 Implicit Subsidy Only Payments Subsidized Payments Total Projected Net Payments 2020 2021 2022 2023 2024 2025 - 2029 2030 - 2034 2035 - 2039 2040 - 2044 2045 - 2049 2050 - 2054 2055 - 2059 2060 - 2064 2065 - 2069 2070 - 2074 2075 - 2079 $ 45,799 36,773 43,192 31,118 25,080 143,752 223,497 190, 304 188, 051 128, 684 61,832 44, 245 6,594 0 0 0 925,285 963,103 997,229 1,028,883 1,055,601 5,566,811 5,795,545 5,560,212 4,890,714 3,767,726 2,525,475 1,374,437 571,875 167,763 31,337 3,291 971,084 999,876 1,040,421 1,060,001 1,080,681 5,710,563 6,019,042 5,750,516 5,078,765 3,896,410 2,587,307 1,418,682 578,469 167,763 31,337 3,291 hoard of Water Commissioners (Water Fund) $2,250,000 $2,000,000 $1,750,000 $1,500,000 $1,250,000 $1,000,000 $750,000 $500,000 $250,000 $- 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 ■ Operating Revenues ■ Operating Expenses ti1Iwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES June 15, 2021 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 7:04 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf City Planner Wittman Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Audubon presents Bird City Award Rob Schultz, Vice President of the National Audubon Society for the Upper Midwest, presented Stillwater as Minnesota's eighth Bird City. He explained the Bird City recognition program and named all the volunteers involved. Proclamation - SAHS Girls Synchronized Swimming Team Mayor Kozlowski read a proclamation recognizing the accomplishments of the SAHS Girls Synchronized Swimming Team, which won the 2021 Minnesota State High School 4A Championship Title. Council Service Awards to Stillwater Fire and Police Department, Bayport Fire and Police Department, Oak Park Heights Police Department, Hugo Fire Department, Washington County Sheriff's Office, Lakeview Hospital Ambulance, School District #834 Staff, and Cader Howard, First Presbyterian Church for participating in the Stillwater Area High School Class of 2021 Graduation Parade Mayor Kozlowski thanked the groups and individuals that supported the SAHS Class of 2021 by participating in the Graduation Parade. Certificate of Appreciation Retirement for Jim Tibbetts, Water Department Supervisor The Council recognized Jim Tibbetts on his retirement as Water Department Supervisor after 211/a years. City Council Meeting June 15, 2021 Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2021-078, Certificate of Appreciation Retirement for Jim Tibbetts, Water Department Supervisor. All in favor. OPEN FORUM There were no public comments. STAFF REPORTS Police Chief Mueller stated a lot of traffic is being redirected due to construction, so drivers should slow down. The Department is participating in upcoming events, including a catalytic converter theft prevention event. The 34th MP Company is returning June 19. Fire Chief Glaser shared safety updates, upcoming events, and firefighter hiring progress. He reported that there were four deaths by drowning over the weekend. The DNR has declared high fire danger risk. The Mayor cautioned that the river is at its lowest in 30 years. City Administrator McCarty updated the Council on the July 4th event. He reminded the Council of the Strategic Planning session July 8. The 2022 budget process will start soon. The Donate Life City designation is in process. Councilmember Odebrecht added that Stillwater will be the first Donate Life City in the nation. CONSENT AGENDA June 1, 2021 regular, recessed and closed session meeting minutes Payment of Bills DNR Grant Contract for Buckthorn Removal Project Lily Lake Water Quality Improvement Project Maple Island 4th of July Event Permit Maple Island Bands for the Brave Event Permit Ordinance 1168 — An Ordinance Amending the Stillwater City Code Section 31-300 Establishment of Districts by Rezoning 2.33 Acres to RA: One -Family Residential, Property Located at 7959 Neal Ave N. On -Sale Liquor License with Sunday Sales for Rusty Mile LLC Resolution 2021-079, Approving Participation in Minnesota Performance Measurement System Program Sanitary Sewer Adjustment Stillwater Area Hockey Association Gambling Permit at Lift Bridge Brewery Utilities Commission Reappointment Wine with Strong Beer Liquor License for Cafezinho Fireworks Permit for Dollar Tree Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case No. 2021-30 Request for a Zoning Text Amendment for the creation of a Neighborhood Commercial Zoning District. CPC Case No. 2021-30 was pulled from the agenda. Page 2 of 6 City Council Meeting June 15, 2021 UNFINISHED BUSINESS Central Commons Tax Abatement, Development Agreement, and Tax Assessment City Administrator McCarty stated that Central Commons, LLC, the owner of the 35.3-acre property at the southeast quadrant of Manning Avenue and State Highway 36, received approval 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 of Central Commons on November 17, 2020. In order to develop Central Commons Addition, a number of public infrastructure improvements are required, including 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. Each of these incur costs that are not customarily borne by the developer. To help address these extra costs, the City Council noted in a pre -annexation agreement with the developer that the City would consider tax abatement and development fee waiver proposals from the developer. 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. Prior to drafting the tax abatement agreement, a committee of two Councilmembers, several staff members and consultants reviewed the developer's request and made a recommendation on broad terms of the agreement. Staff recommends that the City Council adopt a Resolution Approving the Development Agreement and Assessment Agreement with Central Commons, LLC; adopt a Resolution Approving Property Tax Abatements with Central Commons, LLC; adopt a Resolution Approving the Tax Abatement Agreement with Central Commons, LLC; and approve the final Development Agreement, Tax Abatement Agreement and Tax Assessment Agreement between the City of Stillwater and Central Commons, LLC. Councilmember Junker asked, if for some reason this property gets sold in a shorter period of time, what happens with the tax abatement agreement; and City Attorney Land answered that the Development Agreement, Assessment Agreement and Tax Abatement Agreement all get recorded against all the development property. If sold, the new owner takes ownership subject to these agreements. Written into the agreements is the ability for a new owner to negotiate with the City to not take on some of the tax abatement as part of the sale. Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve Resolution 2021-080, Resolution Approving the Development Agreement and Assessment Agreement with Central Commons, LLC for the Plat of Central Commons Addition; Resolution 2021-081, Resolution Approving Tax Abatement Agreement between City of Stillwater and Central Commons, LLC; and Resolution 2021-082, Resolution Approving Property Tax Abatements. All in favor. Page 3 of 6 City Council Meeting June 15, 2021 NEW BUSINESS St Croix Rec Center Sealcoating & Tuck -pointing Project Doug Brady, St. Croix Recreation Center Director, presented a request to expend funds to have sealant replaced between the precast panels, and treat the panels for water repellency. Staff recommends approval at a cost of $47,920. City Administrator McCarty noted that the Rec Center fund balance is healthy because the center continues to operate in the black. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2021-083, Accepting Proposal of Right -Way Caulking, Inc. in the amount of $47,920 and Approving Utilization of Recreation Center Fund Balance for Payment of Recreation Center Caulking and Sealcoating Capital Project. All in favor. The Lumberjack Acoustic in the Alley Event Sara Jespersen, The Lumberjack, explained her successful efforts to clean up Union Alley, and reviewed her application for an event permit for Acoustic in the Alley. She is proposing to have live acoustic music in the North end of Union Alley involving single artist performers with low amplification, every Thursday from 6-9 p.m., June through September 2021. The estimated attendance would be 10-30 people. City Administrator McCarty stated Ms. Jespersen has requested to block off the alley in the past and this was approved by Council in May of 2020. One of the conditions of approval for issuance of the previously approved Outdoor Seating Area permit was no live entertainment or sound amplification is allowed in the outdoor seating area. It would be inconsistent for the City to authorize live outdoor amplified music via this event permit process, when a previously issued permit specifically did not allow outdoor music. Further, outdoor music (live or amplified) potentially negatively impacts residential neighbors of the outdoor space. Therefore staff recommends denial of the permit. Mayor Kozlowski asked how this differs from other event permits the City issues for Lowell Park, for instance, and how approval could be given without conflicting with the Outdoor Seating Area permit; Mr. McCarty replied this is different because it is tied into the Outdoor Seating Area permit which is on public, not private, property. Each establishment needed to apply for and receive a separate Outdoor Seating Area permit. Regardless of shared property space, the Council approved each one separately. Mayor Kozlowski stated he would support anything to keep the alley from turning back into garbage alley. He is not worried about setting a precedent because this request represents five businesses collectively. He feels it is reasonable and the Council has the ability to rescind the permission if it becomes an issue. Councilmember Junker applauded Ms. Jespersen for leading the effort to clean up the alley and for reaching out to every neighbor to get their approval for this. However the Council approved an outdoor patio two months ago a half block away, with a condition prohibiting amplified music. He has an issue with some establishments downtown that have extremely loud music on their own property generating complaints. He wants to view these requests consistently. He agrees with the staff recommendation to deny this application. Page 4 of 6 City Council Meeting June 15, 2021 Mayor Kozlowski agreed consistency is important, but he believes the environments on the alley versus Myrtle Street are dramatically different. He does not think this event will create a problem or generate complaints. He would like to direct staff to figure out a way to write these types of permits so they make sense. Councilmember Collins asked if there is any way to do a test run for a month to see what issues may arise. Councilmember Polehna commended Ms. Jespersen on her community support. Personally he does not have a problem with the request, but he is against allowing private businesses to use public property. He would like to figure out how she could contain the event on her own property. Councilmember Junker added that the Council has a lot of work ahead to consider use of public and private spaces post-COVID for the summer of 2022. Ms. Jespersen responded that she invested time and resources to clean up the alley when others stated the City should take care of it. She would be willing to pay for this opportunity if it is fair and equitable. She understands the conflict and would like to be flexible and keep making improvements there. Councilmember Odebrecht commended Ms. Jespersen on the clean-up. He would love to support the request, but sees the same challenges as other Councilmembers. Motion by Mayor Kozlowski to approve the event permit for Acoustic in the Alley for this year, and direct staff to work on including outdoor amplified and non -amplified music in the policies and procedures for the post -pandemic rule changes, using this as an example of one of the issues the City is facing. Councilmember Collins asked if there is room for the event on The Lumberjack property; and Ms. Jespersen replied there is a place, but the servers would not be able to get around it. Having it on her property would not benefit the other businesses. Mayor Kozlowski's motion failed for lack of a second. He remade the motion. The motion again failed for lack of a second. Councilmember Polehna asked about a motion to table the application; and City Planner Wittman answered that Ms. Jespersen has also applied for a use permit amendment to allow for piped music onto her patio. Staff has discussed an alternative use permit to put a musician on her patio, but there are a lot of conflicting uses which make approval of a use permit more complicated. Alternatives are being explored. Motion by Councilmember Junker, seconded by Councilmember Polehna, to deny The Lumberjack in the Alley Acoustic Event. Motion passed 4-1 with Mayor Kozlowski voting nay. Riverbank Stabilization and Riverwalk Project Approval of Plans & Specs and Advertise for Bids Public Works Director Sanders stated that the City received permit approval from the US Army Corps of Engineers for the Riverbank Stabilization and Riverwalk Project. AMI Consulting has completed the plans and specifications and the City is ready to advertise for bids. Bids will be opened on July 15, awarded at the July 20 meeting and construction will begin in August. The majority of the work will be completed by the spring of 2022, with the Page 5 of 6 City Council Meeting June 15, 2021 exception of the restoration and possibly trail paving. Work will not commence on the property south of Nelson Street, until easements have been acquired. Staff recommends the Council approve the plans and specifications and authorize advertisement for bids for the Riverbank Stabilization and Riverwalk Project, Project 2016-06. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2021-084, Approve Plans & Specifications and Ordering Advertisement for Bids for the Riverbank Stabilization Project, Project 2016-06. All in favor. COUNCIL REQUEST ITEMS Yellow Ribbon Update Councilmember Polehna stated the 34th MP Company will be returning June 19. Yellow Ribbon is taking veterans fishing on the St. Croix River. Leading Edge Landscaping is landscaping a veteran's home in Lake Elmo with assistance from volunteer groups. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adjourn. The meeting was adjourned at 8:28 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2021-078, Certificate of Appreciation Retirement for Jim Tibbetts, Water Depaitinent Supervisor Resolution 2021-079, Approving Participation in Minnesota Performance Measurement System Program Resolution 2021-080, Resolution Approving the Development Agreement and Assessment Agreement with Central Commons, LLC for the Plat of Central Commons Addition Resolution 2021-081, Resolution Approving Tax Abatement Agreement between City of Stillwater and Central Commons, LLC Resolution 2021-082, Resolution Approving Property Tax Abatements Resolution 2021-083, Accepting Proposal of Right -Way Caulking, Inc. in the amount of $47,920 and Approving Utilization of Recreation Center Fund Balance for Payment of Recreation Center Caulking and Sealcoating Capital Project Resolution 2021-084, Approve Plans & Specifications and Ordering Advertisement for Bids for the Riverbank Stabilization Project, Project 2016-06 Ordinance 1168 — An Ordinance Amending the Stillwater City Code Section 31-300 Establishment of Districts by Rezoning 2.33 Acres to RA: One -Family Residential Page 6 of 6 Page 1 CITY OF STILLWATER LIST OF BILLS Abrahamson Nurseries Advance Auto Parts AMI Consulting Engineers PA Anthology Aspen Mills AT&T Mobility Atlas Outfitters Automatic Systems Co AutoNation Ballis Tom BHE Community Solar Bolton & Menk Inc. Brock White Co. LLC Cambronne Eric Cardinal Tracking Inc CDW Government Inc. Century Link Century Power Equipment Cintas Corporation City of St. Paul Cole Papers Comcast Core & Main Corval Constructors Cummins Sales & Service Dalco DVS Renewal ECM Publishers Far From Normal Supply Ferguson Waterworks #2518 Fire Service Management FleetPride Frontier Ag & Turf Fun Jumps Germaine Carolyn Golden Expert Services Goodyear Commercial Tire Guardian Supply Haussner Plumbing LLC Hawkins Inc Heritage Printing Inc. Hisdahl Inc Hodrick Fatonia Hoisington Koegler Group Inc Holiday Companies Delivery & planting of arborvitae Supplies Riverbank Stabilization 360 Leadership Analytics Uniforms - Sullivan Cell phone Ice rescue suit Equipment repair charges Auto maintenance supplies Reimburse for wall lockers Solar Energy Sanitary manhole Impact wrench Reimburse for boiler license fees Envelopes Canon image Telephones Chain loop Uniform & mat cleaning service Training Bleach wipes TV Internet & Voice Hydrant & gate valve repair parts Equipment repair Equipment repair - generator Janitorial Supplies Tabs unmarked 2018 Ford Escape Public hearing publications Supplies Water meters Equipment repair Equipment repair supplies Equipment repair supplies Dunk tank - night to unite Park fee refund Janitor Service Tires Uniforms and supplies Install dishwasher Chemicals Newsletter Printing & supplies Plaque Refund of overpaid parking ticket Design guidelines Vehicle washes 902.00 454.14 10,933.75 500.00 79.60 67.88 675.00 824.80 19.48 89.43 4,301.94 3,314.00 459.00 70.00 895.92 3,574.64 472.20 23.99 1,607.58 700.00 80.13 490.41 4,576.22 304.00 532.75 1,517.61 19.25 256.50 92.45 2,910.69 336.80 278.27 354.99 267.50 100.00 3,700.00 865.64 441.84 285.00 2,612.66 4,185.15 145.00 3.00 1,162.50 400.00 Holiday Credit Office Holmes Paul Hotsy Equipment of Minnesota Ice Sports Industry Jefferson Fire and Safety Inc. Keys Well Drilling Company Lammers Kimberly Francis Landscape Alternatives Lawson Products Lemoine Chyrisse Lindstrom Solar LLC Lorton Data Madden Galanter Hansen LLP Mansfield Oil Company Menards Metro Sales Inc. MidAmerica Inc Miller Excavating Minnesota Paving & Materials MN Dept of Transportation MP Nexlevel LLC Municipal Builders Municipal Emergency Services Municode Office Depot Overhead Door Co Per Mar Security Services Performance Plus LLC Postmaster Praxair Ditribution Quadient Leasing Quill Corporation RagnaSoft Inc Renewal by Anderson Riedel) Shoes Inc. Rink Systems Inc. Robole Donna Safety Signs Sherwin Williams SiteOne Landscape Supply St. Croix Boat and Packet Co. St. Croix Recreation Fun Playgrounds Stillwater Gazette Stillwater Motor Company Stillwater Township Straus Andrew Streichers Fuel Reimburse for Technology Building repair supplies Show/Exhibition Turnout gear Repair well 5 Refund of lot line adjustment fee Plants Equipment repair supplies Reimburse for food for Reserves Solar Energy Mailing updates Labor Relations Services Fuel Supplies Copier Lease Storage tank removal Neal Ave Imp 2021 Street Project 2020 Streets Locating Well 9 Leather gloves PDF supplement pages Office supplies Door repair Quarterly Monitoring Service Drug screen 1st Class Presort PI #538 Cylinders High capacity ink Office supplies Planit Police Refund permits issued in error Skates Skate Tile project Reimbursements Traffic cones and chip seal markers Supplies Supplies Arena Billing Supplies Subscription Vehicle service 2021 Annexation Payment Reimburse for Work Boots Supplies Page 2 49.39 558.34 860.35 110.00 6,337.50 4,950.00 25.00 600.00 528.76 146.62 7,908.68 35.00 504.00 13,960.06 2,397.25 44.00 850.00 184,060.78 239,265.80 344.11 2,616.25 17,492.02 180.40 584.20 550.02 253.90 84.00 541.00 245.00 60.85 389.82 282.78 1,555.00 604.64 57.00 40,000.00 281.79 1,338.05 109.45 251.40 42,103.35 532.00 55.95 179.97 4.68 200.00 270.00 T.A. Schifsky and Sons Tennessen Brian TKDA Toll Gas and Welding Supply Tri-State Bobcat Tru Green True North Consulting Group Universal Truck Equipment Valley Trophy Inc. Vinco Inc Washington County Public Safety Radio Welle Scott White Cap Wolf Marine Inc. WSB & Associates Inc. WWGoetsch Associates Inc Xcel Energy Zee Medical Service LIBRARY Amazon Business Artistry Baker and Taylor Blackstone Audio Brodart Co Cintas Corporation Comcast Hedin Sue Loffler Companies Menards Midwest Tape Office of MN IT Services Petrie Angela Scholastic Inc Tan Ni 2020 Street Project & Bituminous Patching Reimburse for pepperball target Professional Services Cylinders Equipment repair supplies 250 Maryknoll seeding & lawn Operations review WI sales tax Name plates Traffic light repairs 800 Radio user fees Psychology of Peak Performance Levels Summer lease MS4 Services Nelson Lift Station Energy First aid supplies Materials Programs Programs Materials Materials Towels & Rugs Internet - June Programs Copier/Printer Supplies Materials Phone - May Programs Programs Programs Page 3 282,010.84 80.89 10,996.00 48.11 376.68 1,111.62 6,212.50 43.89 17.50 2,103.00 10,802.16 550.00 580.00 1,600.00 858.50 12,388.16 48,083.16 148.35 131.74 250.00 314.50 152.14 6,583.71 178.20 188.06 47.46 902.46 182.35 98.00 143.70 272.68 321.68 350.00 City of Stillwater Washington County, Minnesota RESOLUTION 2021-XXX RESOLUTION SUPPORTING AN ACTION PLAN FOR STILLWATER TO BE A BICYCLE FRIENDLY COMMUNITY WHEREAS, the City of Stillwater strives to be a livable city and supports efforts to provide quality living environments, quality public services and facilities while protecting cultural, historical and natural resources; and WHEREAS, the City recognizes that increasing bicycle use can improve the environment, reduce congestion, increase opportunities, boost the economy, enhance recreational opportunities, save city funds, enhance public safety, and improve the health and well being of the population by promoting routine physical activity; and WHEREAS, steps taken by Sustainable Stillwater to create a Bicycle Friendly Community improves significant potential benefits of bicycling in our community; and NOW, THEREFORE, BE IT RESOLVED that the Stillwater City Council supports Sustainable Stillwater in its efforts to make Stillwater a bicycle friendly community and will consider requests from Sustainable Stillwater in the development of an action plan for bicycle friendly communities including the following: 1) To adopt a target level of bicycle use and safety to be achieved within a specific timeframe, and improve data collection necessary to monitor progress. 2) To provide safe and convenient bicycle access to all parts of the community through a signed network of on- and off-street facilities, low -speed streets, and secure parking. 3) To establish informational programs to promote bicycling for all purposes, and to communicate the many benefits of bicycling to residents and businesses. 4) To support city policies and programs to take advantage of every opportunity to create a more bicycle -friendly community. 5) To encourage establishing traffic laws to improve the safety and comfort of all road users, with a particular focus on behaviors and attitudes that cause motor vehicle/bicycle crashes. 6) To promote intermodal travel between public transport and bicycles. 7) To establish a citywide, multi -disciplinary committee for nonmotorized mobility to submit to City Council on a regular basis. Adopted by the Stillwater City Council this 6th day of July 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Shawn Sanders, Director of Public Works June 22, 2021 Browns Creek Trail Cooperative Agreement DISCUSSION Attached is a cooperative agreement from the Minnesota Department of Natural Resources (DNR) for the City to continue do winter maintenance on the Browns Creek Trail in the City of Stillwater. The City would agree to maintain the trail during the winter season on the trail from Marylane Avenue North to the trailhead at Laurel Street. This agreement would be in effect until April 2024. RECOMMENDATION This continues be a good partnership with the DNR and Staff recommends that council approve the Browns Creek Trail Cooperative Agreement between the State of Minnesota and the City of Stillwater ACTION REQUIRED If Council agrees with the recommendation, they should pass Resolution No. 2021- BROWNS CREEK TRAIL COOPERATIVE AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF STILLWATER m MINN@SOTA BROWN'S CREEK STATE TRAIL COOPERATIVE AGREEMENT BETWEEN THE STATE OF MINNESOTA AND CITY OF STILLWATER This agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "State", and the City of Stillwater hereinafter referred to as the "City." WITNESSETH: WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes Section 85.015, sub 21. to establish, develop, maintain and operate the Brown's Creek State Trail; and WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59, to enter into agreements to jointly or cooperatively exercise common power; and WHEREAS, the State and the City have determined that providing winter maintenance of the Brown's Creek State Trail, hereinafter referred to as the "Trail", within the City between December 1st and April 15t of each year is of high priority, as identified in the attached map that is attached and incorporated into this Agreement as Exhibit A; and WHEREAS, the State owns or has easement over the lands identified as the Brown's Creek State Trail corridor in the City of Stillwater as described in the attached map, attached hereto and incorporated into this agreement as Exhibit B; and WHEREAS, the City has requested to be the lead agency in the winter maintenance of the segment of the Trail located within the City as identified in Exhibit A; and WHEREAS, the State is willing to allow the City to provide winter maintenance of the segment of the Trail located with the City as identified in Exhibit A. and WHEREAS, the State shall continue to manage and administer the Trail as established; and WHEREAS, a resolution or copy of the City council meeting minutes authorizing the City to enter into this agreement is attached and incorporated into this agreement as Exhibit C; and NOW, THEREFORE, in consideration of the mutual benefit to be derived by the public bodies hereto and for the benefit of the public, the parties agree as follows: I. STATE'S DUTIES AND RESPONSIBILITIES a. The State shall permit the City to perform winter maintenance on the Trail during the term of the Agreement. b. The State shall be permitted to review and approve the City's proposal for winter maintenance of the Trail prior to September 1, 2021. c. The State shall provide no funding assistance to the City for the winter maintenance of the Trail during the term of this Agreement. d. The State shall continue to operate and maintain the Trail consistent will all local, state, and federal laws, regulations and rules that apply to the management, operation and maintenance of the Trail. 1 e. The State shall have sole responsibility for the administration, operations and annual maintenance of all Trail associated improvements. f. The State reserves the right to require that the City discontinue winter maintenance of the Trail at any time should the State's designated contract determine that the City's activities are resulting in immediate damage to the Trail. The State reserves the right to inspect the Trail at any time to ensure that the City is in compliance with this agreement. II. CITY'S DUTIES AND RESPONSIBILITIES a. The City shall permit the State to review and approve the proposal for winter maintenance of the Trail as prepared by the City. b. The City shall provide appropriate signs necessary to ensure trail user safety during the periods that the City is actively maintaining the Trail. c. The City shall not obstruct public or private road or driveway entrances, alter or obstruct trail signs or modify the trail in anyway. d. The City shall be responsible for minor maintenance or repair of the Trail that is the direct result of the plowing and clearing of the Trail as completed by the City. e. The City agrees to comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) and all applicable regulations and guidelines. f. The City shall conduct the required maintenance of the Trail in compliance with Minnesota DNR's Operational Order 113, which requires preventing or limiting the introduction, establishment and spread of invasive species during activities on public waters and DNR-administered lands. Operational Order 113 is incorporated into this agreement by reference and can be found at http://files.dnr.state.mn.us/assistance/grants/habitat/heritage/oporder 113.pdf. Duties listed are in Op Order 113 under Section II and III (p. 5-8). The City shall perform all work and use of the Trail to the maximum extent possible, be conducted in a manner that adheres to applicable Minnesota Occupational Safety and Health Standards, the Minnesota Department of Health and CDC Guidelines, and State executive orders. All work completed for this agreement must adhere to the conditions in State executive orders related to COVID 19 until they are rescinded or expired. g. g. III. FUNDING The State shall provide funding for its responsibilities under Article I through the standard internal purchasing process including, but not limited to a separate requisition in which funds will be encumbered. The total obligation of the State is limited to the amount of funds legislatively appropriate and administratively allocated to this project. IV. TERM a. Effective Date: August 1, 2021 or the State obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later. The City shall not begin work under this Agreement until it is fully executed and the City has been notified by the State's authorized representative to begin the work. b. Expiration Date: April 1, 2024 for a period of three (3) years except as otherwise provided herein or agreed to in writing by both parties. The agreement shall renew at the end of the term for an additional one (1) year period unless a party gives one (1) month written notice to the other party to terminate the agreement. This agreement shall continue to automatically renew at the end of each one (1) year period unless the required given notice is given. 2 V. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. The City's liability shall be governed by Minnesota Statutes Sections 466.01- 466.15, and other applicable law. VI. AUDIT Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting procedures and practices of the City relevant to the agreement shall be subject to examination by the Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum of six (6) years from the end of this agreement. VII. ANTITRUST The City hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the United States and the antitrust laws of the State of Minnesota VIII. FORCE MAJEURE Neither party shall be responsible to the other or considered in default of its obligations within this Agreement to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot, disruption of government, or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party relying on this provision to excuse performance must provide the other party prompt written notice of inability to perform and take all necessary steps to bring about performance as soon as practicable. IX. CANCELLATION This Agreement may be cancelled by the State at any time with cause or as necessary as provided in Article II, upon thirty (30) days written notice to the City. This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow for the payment of services covered under this agreement. The State will notify the City by written or fax notice. The State will not be obligated to pay for services provided after the notice is given and the effective date of cancellation. However, the City shall be entitled to payment, determined on a pro -rated basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the necessary funds. The State shall provide the City notice of lack of funding within a reasonable time of the State's receiving that notice. This Agreement may also be cancelled by the City at any time with our without cause upon thirty (30) days written notice to the State. X. GOVERNMENT DATA PRACTICES The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this agreement. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either the City or the State. XI. PUBLICITY AND ELECTRONIC ACCESSIBILITY Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's 3 Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the City individually or jointly with others, or any subcontractors, with respect to the program and services provided from this agreement. All publicity shall be provided in an accessible format per Minnesota Statute 16E.03, sub. 9. State of Minnesota guidelines for creating accessible electronic documents can be found at the following URL: https://mn.Rov/mnit/programs/accessibility/. XII. COMPLETE AGREEMENT This agreement contains all negotiations and agreements between the State and the City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. XIII AUTHORIZED REPRESENTATIVES Any notice, demand or communication under this Agreement by either party to the other shall be deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, or by email to: The State's Authorized Representative is Rachel Henzen, 1200 Warner Road, St. Paul, MN 55106, 651-259-5875, rachel.henzen@state.mn.us, or her successor. The City's Authorized Representative is Shawn Sanders, 216 4th St N, Stillwater, MN 55082, 651- 430-8835, ssanders@ci.stillwater.mn.us, or his successor. 4 IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound thereby. DEPARTMENT OF NATURAL RESOURCES CITY OF STILLWATER By: By: Title: Title: Ted Kozlowski, Mayor Date: Date: July 6, 2021 DEPARTMENT OF ADMINISTRATION CITY OF STILLWATER Delegated to Materials Management Division By: By: Title: Title: Beth Wolf, City Clerk Date: Date: July 6, 2021 (Effective Date) STATE ENCUMBERANCE VERIFICATION Individual certifies that funds have been encumbered as req. by Minn. Stat. 16A.15 and 16C.05. Signed: Date: Contract: 5 BROWN'S CREEK STATE TRAIL EXHIBIT A Brown's Creek State Trail Maintenance Area MNDNR Crint DULUTN JUNCTION STATE 4:4G&T �Caa irm Lowers Rat GpY Co -ow State Trall l W Ter Salta Tail Paulin, Kona Trall luasa'redi Oliver Patctl Ta.11s R. Ic1 al Parks air R.a rcallee Auras F 0 Paakplp Re -Worms Blame Omni rerYlpp Pyzypr... COLDWATER STOP . Airmatar Lark Park Stillwater Wa, ansilort STILLWATER CONNECTION oar. �...�.�...... �.... r..:L..._tir.` MNDNR Stillwater Winter Maintenance JPA Exhibit B Stillwater, MN De,,wood Rd .- 0 Maureen \' _ SY eN'a4 otlth 5 t Legend DNR Parcels South Tweet Lake Mot:est& ..d 75th St N Norlhlard Park Swenson St Oakridge Rd CrolXW0O -Ood L') d 13lyd pv.. t 5dih St N Otto Be,g Mermrel Park Jaye•=• Ball F. 0 650 1,300 2,600 3,900 5,200 Feet P.M s y G MVO A !� _l_a"t Yr Fa liy-,' 2 Sources: Esri, HERE, DeLorme'; =METI, Esri China (Hong Kong), E E and the GIS--User Community Olive 3: St w Aspen 5 rn v!w . .or Stw .. pte SIW 5n11.vaIe, untr, Club Pone, Park '''' Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China Date: 1/6/2017 brandon.helm@state.mn.us Exhibit C City of Stillwater Washington County, Minnesota RESOLUTION 2021- APPROVING THE BROWN'S CREEK STATE TRAIL COOPERATIVE AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF STILLWATER WHEREAS, an agreement to preform winter maintenance on the Stillwater segment of the Brown's creek State Trail during August 1, 2021 through April 1, 2024 has been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA that the agreement presented to Council and on file with the office of the City Clerk is hereby approved and authorizes the Mayor and City Clerk to execute said agreement. Adopted by the Council this 6th day of July 2021. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk StIllr Administration Date: June 30, 2021 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Issuance of a new On -Sale Liquor License with Sunday Sales for Devil's Advocate Stillwater DISCUSSION: An application has been received for a On -Sale Liquor License with Sunday Sales to a new business called Empire Hospitality LLC dba Devil's Advocate Stillwater located in the old Stillwater Eagles building at 14200 60th St N. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval required before staff issues the license to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion approving the issuance of a new On -Sale Liquor License with Sunday Sales for Empire Hospitality LLC dba Devil's Advocate Stillwater contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Public Health and Environment Department, Police, Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement Division. iliwater THE BIRTHPLACE OF MINNESOIA Memo To: Mayor and City Council From: Jason Grode, Parks Superintendent Meeting Date: July 6, 2021 Re: 2021 Lumberjack Days 5k and 10k Event(s) BACKGROUND: The Meet the Monsters Athletics has submitted an event application for the 2021 Lumberjack Days 5k and 10k for Saturday, July 17th, 2021 from 7 am to 9 am. Their route will be the same used 2 years ago with the start and finish at Pioneer Park. As they have done during past events, they are requesting approval to block off 2nd St. North at Laurel Street from 6am to approximately 9 am. ACTION REQUIRED: Attached is the event application and site (route) plan for the 2021 Lumberjack Days 5k and 10k. The staff recommendation is for City Council to approve the event application for the Lumberjack Days 5k and 10k event. Attachment: Application Form & Site Plan 'water TNF TX►IA CE Of MINNESOTA EVENTS PERMIT APPLICATION 216 4th Street North, Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-275-4112 Email: pubwrks@ci.stillwater.mn.us Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 06/24/2021 Oftfce Use OnlYt On/Y Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event 2021 Lumberjack Days 5k and 10k 07/17/21 6am Event Date Time: Time / Set up: Date 7am to 7/17/21 7am Actual Event: Date Time 9am to 7/17/21 9am Clean up: Date Time 11 am to (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: Pioneer Park 515 2nd N Stillwater MN 55082 (If in Lowell Park please specify north or south Lowell park) Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) 5k and 10k run through the beautiful streets of Stillwater, Minnesota! Estimated Attendance (participants and spectators): 200 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Meet the Monster Athletics 1115 Fouquette St Mailing Address: City, State, Zip Code: Foley, MN 56329 Primary Contact/App Iicant Name: Shane Keating Phone Number: 320 266 0005 Fax: Cell Phone: shave @ meetthemonster.com Email Address: www.meetthemonster.com Website Address: Name of contact person during event: Shane Keating Cell Phone: 320 266 0005 Alternate contact during event: Brendan Keating Cell Phone: 320 266 0305 Refer media or citizens inquires to: Shane Keating Phone: 320 266 0005 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. Evens Will any signs/banners be put up Will there be any infiatables? Will there be entertainment? WiII sound amplification be used? No ® Yes ❑ Number and size: No ® Yes ❑ Insurance certificate from rental vendor is required No ® Yes ❑ What type: No ® Yes ❑ Hours and Type: Fees for electricity may apply see Instructions Will a stage or tent(s) be set up? No ® Yes ❑ Dimensions: Will there be temporary fencing? No ® Yes ❑ Will merchandise/food items be sold? Will food be prepared on site? How many No ® Yes ❑ vendors expected: Fees for electricity may apply see Instructions No © Yes ❑ Contact Washington County Health Deportment, 651-430-6655 Will cooking operations be conducted? No ® Yes ❑ Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No ® Yes ❑ See Alcohol Regulations in the Instructions Will alcohol be sold? No ® Yes ❑ See Alcohol Regulations in the Instructions Will there be a fireworks display? No ® Yes ❑ Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. NA Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available We will run social media ads, email blasts, and other local marketing efforts City SerVICeS (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No ❑ Yes ® Start/End Time: City Sidewalks or Trails No ® Yes ❑ Start/End Time: public Parking Lots or Spaces No M Yes El Start/End Time: Will event need barricade(s)? Will extra picnic tables be needed? 9am Date: Date: Date: No ❑ Yes ® Number needed: 2 No IRJ Yes ❑ Number needed: Fees may apply see Instructions Fees may apply see Instructions Will portable restrooms be needed? W No ❑ Yes EN Number needed: 3 • Fees may apply see Instructions Fees may apply �• pia uasn receptacles be Ig Yes ■ Number ncseelnstructim needed? No Describe trash removal and cleanup plan during and after event: We will have bags out all around the park and will leave the park cleaner than we found it Will Police Deportment for assistance,651-351-4900 event need traffic control? Yes Contact Stillwater No ❑ Describe crowd control procedure to ensure the safety of participants and spectators: All participants will be made aware to follow all traffic laws and keep their own safety in mind while' participating. We stress to our runners that your safety is first, your time in the race is secondary. Feesay see e slncyShow "No Will Parking Signs" be needed? No 0Yes ■ Number needed: pp;on/)lonsirerions map Will event need security? No 0 Yes • If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No i3 Yes 0 Contact Lakeview EMS, 651-430-4611 Describe plans to provide first aid, if needed: We will make local law enforcement aware of our event as well as EMS Describe the emergency action plan if severe weather should arise: We will consult with local police that will be on site for traffic control. Our rule is if it's raining, we run. If there is lightening we delay the start in 15 minute intervals for up to one hour. List any other pertinent information: We are excited to be back for another year! The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwater and • a release of Lk, • • Signature of Applicant or Authorized Agent ate LUMBERJACK DAYS 5K AND 1OK Q BOOKMARK LOG WORKOUT ADD TO WEBSITE t)1 Cr e utooqe St W Stonubridge 9 Elementary School lofe McKusIe k ckiisf4 ti W tint+ St Hickory St W WO* St Z 470 St W Srcam St Cro Std►rrat urg Iwatef Ave i4rMfins St E sy liver Hirk SHARE StIllr Administration Date: June 30, 2021 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Ownership Change for Mad Capper On -sale and Sunday Liquor License A revised liquor license application has been received from Sara Jespersen for an ownership change of the On -sale and Sunday liquor licenses for Mad Capper Saloon and Eatery, Inc, dba Mad Capper located at 224 Main St S. Sarah purchased the building and business. The establishment, the DBA, corporate name and insurance remains the same. Sara provided all the documentation for this change and has been through the background check during the renewal process for The Lumberjack. Staff will forward the change to Alcohol and Gambling Enforcement Division once approved. ACTION REQUIRED If Council desires to transfer the On -Sale and Sunday liquor licenses, they should pass a motion to adopt a resolution entitled "Approving ownership change of the On -sale & Sunday Liquor Licenses Mad Capper Saloon and Eatery, Inc, dba Mad Capper". City of Stillwater Washington County, Minnesota RESOLUTION 2021- APPROVING OWNERSHIP CHANGE OF THE ON -SALE & SUNDAY LIQUOR LICENSES MAD CAPPER SALOON AND EATERY, INC, DBA MAPPER CAPPER WHEREAS, a revised liquor license application has been received from Sara Jespersen for an ownership change of the On -sale and Sunday liquor licenses for Mad Capper Saloon and Eatery, Inc, dba Mad Capper located at 224 Main St S; and WHEREAS, the only change is the ownership, the establishment, the DBA, corporate name, and insurance remains the same. WHEREAS, Mad Capper Saloon and Eatery, Inc, has provided all documentation for this change, been through the background checks during the renewal process for The Lumberjack and staff will forward the change to Alcohol and Gambling Enforcement Division. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves ownership change of the On -sale and Sunday liquor licenses for Mad Capper Saloon and Eatery, Inc, dba Mad Capper located at 224 Main St S. Adopted by Stillwater City Council this 6th day of June, 2021 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: June 25, 2021 RE: Proposed Parking Lot Projects. DISCUSSION: Two parking lots were proposed for improvements in 2021; a new parking lot for the athletic field at Millbrook Park West (located at TH 96 and Manning Avenue) and rehabilitation for Lot 11 located north of Mulberry Street (behind the Desch Building). Quotes were received from three contractors, with the low quote submitted by Miller Excavating in the amount of $163,325. The cost of the Millbrook parking lot is $125,850.50 and the cost for Lot 11 is $37,747.50. The two lots would be funded through two different funding sources, the Permanent Improvement fund for Millbrook and the Parking Enterprise for Lot 11. There are sufficient funds in the Parking Enterprise Fund for the cost of Lot 11. The cost of the Millbrook Field West parking lot, was $45,000 short of the amount set aside for the project. In order to proceed at the bid price of $125,800, it is recommended that $45,000 dedicated for trail improvements be transferred to the parking lot project. We would then schedule the trail improvements in 2022. RECOMMNEDATION: It is recommended that council approve the bid and award the work for the Millbrook Field West Parking Lot and Lot 11 in the amount of $163,325 to Miller Excavating. Lot 11 would be funded through the Parking Enterprise Fund and Millbrook Field West would be funded the Permanent Improvement Fund with the dedicated amount of $80,000 and the transfer of $45,000 from trail improvements. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion approving the bid and awarding the work for the Millbrook Field West Parking Lot and Lot 11 in the amount of $163,325 to Miller Excavating and approve the release of funds for the projects. Mekativi 8Ty V/S' q5okaqi � � f City of Stillwater Washinton County, Minnesota RESOLUTION 2021-XXX A RESOLUTION APPROVING THE ABATEMENT OF SPECIAL ASSESSMENT WHEREAS, the following assessment was inadvertently assessed to the City owned property on 121 Chestnut St. and needs to be abated for taxes payable in 2021. 28.030.20.41.0082 — 2018 Street Improvement Total Assessment $3,885.44 — Interest rate 4.25% NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that the special assessment, as stated above, are hereby abated. Adopted by the City Council this 6th day of July, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk WASHINGTON COUNTY TAXATION DIVISION APPLICATION FOR ABATEMENT - SPECIAL ASSESSMENTS (only) Received: Worksheet# Assessment Year: Payable Year: APPLICANT 2020 2021 Submitter Vanessa Norby Phone 651-430-8813 Email vnorby@ci.stillwater.mn.us Address 216 4th St. N. City Stillwater State MN Zip 55082 PROPERTY INFORMATION Owner's Name(s) City of Stillwater Owner's Mailing Address Property Address (if different from mailing address) 216 4th St. N. 121 Chestnut St. E. City State Zip City State Zip Stillwater MN 55082 Stillwater MN 55082 Property ID Number 28.030.20.41.0082 City or Township Stillwater School District # 834 TAG Special Assessment Project Number(s) S-62041720-19 Certified Amount Requested to be Abated (amount appearing on property tax statement) $650.81 Applicant's Statement of Facts: This was assessed and certified in error in 2021 as the property is owned by the City of Stillwater. The initial amount was $4,856.80 with terms of 10 years at 4.25% with the start year of 2019. Assessments in 2019 and 2020 were paid by the prior property owner. The City took ownership in 2020 and the remaining $3,885.44 should have been removed going forward in 2021. Applicant's Request: Please remove $650.81 on the 2021 tax bill. Applicant's Signature: Date: NOTE: M.S. §609.41, "Whoever, in making any statement, oral or written, which is required or authorized by law to be made as a basis of imposing, reducing, or abating any tax or assessment, intentionally makes any statement as to any material matter which the maker of the statement knows is false may be sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both." Note: Must include City/Township Resolution for reductions on assessments 1 Rev 4/21 OFFICE USE ONLY Tax Taxes & ORIGINAL Class EMVL EMVI EMV TMV Capacity Credits SpAsmt Total Tax LNTC Val Grp - 1 TIF Val Grp-2 FD Val Grp - 3 STATE Val Grp - 4 RMV Val Grp-5 PWRL CR TOTAL AG CR HST CR TOTAL - - Taxes & REVISED Credits SpAsmt Total Tax LNTC TIF FD STATE RMV PWRL CR AG CR HST CR TOTAL - - TOTAL DIFFERENCE - - - REPORT OF INVESTIGATION Tax is paid as of: Local Tax Rate: ❑ Tax NOT paid as of: RMV Rate: After examining the applicant's claims, I have carefully investigated this application and find the facts to be as follows: Investigator's Signature: Date: AUDITOR'S RECOMMENDATION: Approved CI Denied CI CERTIFICATE OF APPROVAL - COUNTY AUDITOR Auditor's Signature Deputy County Auditor / Taxation Division Manager 2 Rev 4/21 liwater THE BIRTHPLACE OF MINNESOIA Memo To: Mayor and City Council From: Jason Grode, Parks Superintendent Meeting Date: July 6, 2021 Re: St. Mary's Wild Rice Festival and Germanfest Event(s) BACKGROUND: The St. Mary's Catholic Church has submitted an event application for their annual festival(s). They are proposing to have Germanfest on Friday, Sept. 10, 2021 from 5 pm to 10 pm and the Wild Rice Festival on Sunday, Sept. 12, 2021 from 11 am to 4 pm. The Germanfest will promote German heritage with food, beer and music and the Wild Rice Festival will include a chicken dinner, silent auction, snack booth and other activities. As they have done during past events, they are requesting approval to block off 5' Street between Oak Street and Pine Street on Sunday Sept. 12, 2021, from 9 am to 5 pm. ACTION REQUIRED: Attached is the event application and site plan for the 2021 St. Mary's Wild Rice Festival and Germanfest. The staff recommendation is for City Council to approve the event application for the St. Mary's Wild Rice Festival and Germanfest Event(s). Attachment: Application Form & Site Plan a r. THE IIITH►LACE Of MINNESOTA EVENTS PERMIT APPLICATION 216 North 4 t" Street, Stillwater, MN 55082 City of Stillwater Telephone: 651-430-8837 Fax 651-430-8810 Administration f 3 ZS Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: May 12, 2021 RECEIVED p 50 MAY 2 4 2O21 Ie Q eke U50 Only Date Application Received (- / 2 Type: Special Event Event w/ Contract Event Information - - Title/Name of Event St. Mary's Wild Rice Festival Friday 9/10/21 9 am 2 pm Event Date/Time: Set up: Date Time to Or + * Actual Event: Date 111^ i A '."3SI•u1 a ' % rime t% A w, S'kiQ to N e st Sunday 9/12/21 4pm 6pm Clean up: Date Time to _ (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) 423 5th Street South, Stillwater, MN Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) Germanfest- Friday night 5 pm - 10 pm. to promote our German heritage with food, beer and music. iiVV d Festival - Sunday 11 am- 4 pm our annual festival chicken dinner, silent auction, snack booth, quilts, bakery, kids games, cake walk, used books and 2nd hand treasures. Estimated Attendance (participants and spectators): G® 0— S00+ p�O pL� Applicant Information (Person/Group Responsible) Sponsoring Organization Name: St. Mary's Catholic Church Mailing Address: 23 5th Street South City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Flo Harris - Office Manger or Festival Lead Brad Junker Phone Number: 651-439-1270 Fax: 651-439-7055 Cell Phone: 651-354-1380 Email Address: fharris@costm.org , Website Address: www.stmarystillwater.org Name of contact person during event: Brad Junker Cell Phone: 651-354-1380 Alternate contact during event: Liz Junker Cell Phone: 651-269-2966 Refer media or citizens inquires to: St. Mary's Church Phone: 651-439-1270 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No ■ Yes © Number and size: on Pine 24" x 24" one sign Will there be any inflatables? No ❑ Yes Insurance certificate from rental vendor is required No BOW far WO E Fees for electricity may type: (tunes music El there be entertainment? No ❑ Yes What t e: apply see Instructions Will sound amplification be used? No • Yes l3 Hours and Type: 11-4 pm minimal amp 50 20' Will a stage or tent(s) be set up? No ❑ Yes m Dimensions: x Will there be temporary fencing? No F7 Yes • How many Fees for electricity may Will merchandise/food items be sold? No ❑ Yes vendors expected: apply see Instructions Will food be prepared on site? No ■ Yes © Contact Washington County Health Department 651-430-6655 Will cooking operations be conducted? No ) j Yes ❑ Contact Stillwater Fire Department 351-4950 Will alcohol be served but not sold? No l3 Yes (4 See Alcohol Regulations in the Instructions I,e "(1. O P rN Will alcohol be sold? No ■ Yes M See Alcohol Regulations in the Instructions C3 r ell. 6-64-0 eN Will there be a fireworks display? No M Yes ❑ Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. power comes directly from our property Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available church bulletin, website and Catholic Spirit Newspaper City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No ■ Yes (J Start/End Time: 0100--5 oopmDate: 1/11-/Zi City Sidewalks or Trails No © Yes • Start/End Time: Date: Public Parking Lots or Spaces No ® Yes IN Start/End Time: Date: q W00O04 R Will event need barricade(s)? No • Yes gi Number needed: icifweFeesmayapply "see Instructions Feesmayapply Will extra picnic tables be needed? No X Yes ❑ Number needed: see Instructions Fees may apply Will portable restrooms be needed? No 0 Yes • Number needed: see Instructions Fees may apply Will extra trash receptacles be needed? No 0Yes ■ Number needed: see Instructions Describe trash removal and cleanup plan during and after event: we purchase an extra dumpster from our own trash hauler Will event need traffic control? No 0 Yes IN Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: ?Leaser er S eA-(J CPro-ka t 6,). Fees may apply see Instructions Will "No Parking Signs" be needed? No ■ Yes 0Number needed: 4 j2 Qom \ Show location(s) on site map Will event need security? No NJ Yes MI If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: N/P Will event need EMS services? No M. Yes • Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: first responder members of the parish Describe the emergency action plan if severe weather should arise: EAP 15 Pc f-rrq-c*t + Q . List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwater and is a etease of Liability. Signature of Applicant or Authorized Agent Date EIAG MINNI ti[�I A IMPA I[Tr.nr N I [II IlAll A tigff I\ Alcohol & Gambling Enforcement Name of organization Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE St. Mary's Catholic Church Address 423 5th Street South Name of person making application City Date organized 1865 Stillwater Flo Harris Date(s) of event Friday 9/10/21 and Sunday 9/12/21 Organization officer's name Fr. Michael Izen Organization officer's name Flo Harris Orgarrizetiee Location where permit will be used. If an outdoor area, describe State RECEIVED JUL u 1 1011 City of Stillwater AtiffiIHitItta f;pp Tax exemptnumber 554-9225 MN Business phone 651-439-1270 Type of organization Zip Code 55082 Home phone is odistillery LI Small Brewer U Club Li Charitable '.i . Reli T U Other non-profit State Zip Code City Stillwater City Stillwater City City MN State MN State State 55082 Zip Code 55082 Zip Code Zip Code 423 th Street South, our parish parking Tots If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Archdioceses of St. Paul and Minneapolis Chancery Office 777 Forest Street, St. Paul, MN 5106 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT CityofStillwater Lity or County approving -the license $25/day = �7 RQ,,+ i 51193 Fee Amount c\oult \ Datl Fee Paid Date Approved Permit Date bwolf@ci.stillwater.mn.us City or County E-mail Address 651-430-8802 City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATIONPSTATE.MN.US ❑FWI1111M0 r., ,i. r.w ii.. Alcohol & Gambling Enforcement Name of organization Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, 'Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Date organized Greater Stillwater Chamber of Commerce Tax exemptnumber 41-1990512 Address 333 Main Street North. Suite 202 Name of person making application City ,Stillwater Robin Anthony, Executive Director Date(s) of event 'August 14, 2021 Organization officer's name Robin Anthony, Executive Director Organization officer's name Organization officer's name Organization officer's name Location where permit will be used. If an outdoor area, describe State Minnesota Business phone 651-439-4001 Zip Code 55082 Home phone Type oforganization ❑ Microdistillery ❑ Small Brewer ❑ Club ❑Charitable ❑ Religious ❑ Other non-profit City State Zip Code Stillwater City City City Minnesota State State State 155082 Zip Code Zip Code Zip Code Alcohol will be served in a beer tent; located in Lowell Park as a part of the Lift & Loop Event.— coo ;ON\ ! L O- ,2} °icy m — `.00ptn If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Rob McGarry. McGarry -Kearney Agency APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT CityofStillwater City or County approvingthe license $25/day = � % R - a3] 19 L 1 ()a l ate zee Paid Date Approved Permit Date bwolf@ci.stillwater.mn.us City or County E-mail Address 651-430-8802 City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN.US ,.C.41,010 JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFF'S OFFICE AND THE CITY OF STILLWATER THIS AGREEMENT is made by and between political subdivisions organized and existing under the Constitution and laws of the State of Minnesota. Washington County a political subdivision by and through its Sheriffs Office (hereinafter "Washington County") and the City of Stillwater Minnesota, a municipal corporation, (hereinafter referred to as the "City") are the parties to this agreement. WHEREAS, Minnesota Statutes Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting parties. WHEREAS, Washington County and Participating Agencies create, store, and utilize law enforcement data as political subdivisions of the State of Minnesota; WHEREAS, Washington County has agreed to replace its current law enforcement records management system with an application known as Central Square (TriTech) Software Systems; WHEREAS, Participating Agencies and Washington County find it beneficial to share law enforcement data amongst themselves to enhance services to its residents, to arrange a data sharing opportunity to foster a stronger law enforcement relationship as well as to assure uniformity and accuracy of data created and used throughout the county of Washington; WHEREAS, Washington County and Participating Agencies can benefit from the Central Square (TriTech) Software Systems project and associated cost sharing and data sharing arrangements. NOW THEREFORE, pursuant to the authority contained in Minnesota Statute Section 471.59. commonly known as the Joint Powers Act which authorizes two or more governmental units to jointly exercise any power common to them and/or Minnesota Statutes Sections 626.76 and in consideration of the mutual covenant herein contain and the benefits that each party hereto shall derive hereby Washington County and City agree to the following terms and conditions: AGREEMENT CONDITIONS Washington County and Participating Agencies agree to share law enforcement data created, stored and utilized in the Central Square (TriTech) Software Systems records management system during the term of this Agreement unless otherwise subject to exclusion. Each party to this agreement will make available to the other parties such law enforcement data created, stored and utilized by the parties hereto insofar to the extent distribution of such data is consistent with applicable Federal and State laws. No party shall use any data that is obtained under this Agreement for any commercial, for -profit activity or product or otherwise prohibited use. All parties to this agreement agree they will not knowingly or negligently allow its employees, agents or independent contractors to copy, sell, disclose or otherwise make the law enforcement data available to anyone who is not authorized to have access to such data. Each party agrees to immediately notify the other in writing if it becomes aware of any unauthorized data access by its employees, agents or independent contractors. The parties hereto further agree to guard against unauthorized disclosure by its own employees, agents or independent contractors by taking appropriate security measures including, but not limited to, providing physical security measures and taking all steps necessary to protect information, data or other tangible or intangible property of its own that the parties regard as confidential or nonpublic. All parties agree to comply with current U.S. Department of Justice CJIS Security Policies and the Minnesota Bureau of Criminal Apprehension CJDN Rules. All data entered into the system by the City shall remain City data; Washington County does not obtain any ownership interest in the City data except to the extent that Washington County is obligated to keep this data intact and the system secure and to regularly backup the data for redundancy and disaster recovery purposes. As between the City and Washington County the data is and shall remain the sole and exclusive property of the City. The City ensures the data submitted for addresses and parcels are accurately reflected and will amend any incorrect addresses by following appropriate process with Washington County. The City shall be responsible for responding to any data practices requests related to any City Data that the City or its Permitted Users have entered into the System. The City agrees to maintain their technologies utilized to connect to Washington County at a minimum in accordance to the Washington County Technology and Security standards. TERM OF AGREEMENT The term of this Agreement shall commence upon signature April 1st, 2021 or upon its execution by Washington County and all Participating Agencies, whichever occurs later. This Agreement shall remain effective until December 31, 2021. This agreement shall be renewable at the end of the current term for a successive annual term unless either party gives written notice of its intention not to renew annually before expiration of the current term. Parties shall notify in writing all parties hereto of any changes in the terms of the Agreement at least 60 days prior to the notice period for renewal or termination. PAYMENT The City shall pay Washington County per estimated capita within 30 days of being invoiced. Washington County shall invoice the City annual or quarterly as determined by the City. INDEPENDENT CONTRACTOR It will be agreed that nothing within the contract is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting the City as the agent, representative, or employee of the Washington County for any purpose or in any manner whatsoever. ASSIGNMENT The City shall not assign any services contemplated under this agreement. INDEMNIFICATION 1. To the full extent permitted by law, actions by the parties pursuant 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, all as set forth in Minnesota Statutes, Section 471.59, subd. 1 a, provided further that for purposes of the statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. Each party also specifically intends that the single tort cap limits specified for cooperative agreements under Minn. Stat.§ 471.59, subd.1 a, or as such statute may be amended or modified from time to time, shall apply to this Agreement and to the activities of the parties hereunder. The statutory limits for the parties may not be added together or stacked to increase the maximum amount of liability for either party. 2. Each party to this agreement shall be liable for the acts of their own officers, employees, and/or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees, and/or agents. It is understood and agreed the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties' acts or omissions. Each party warrants they can comply with the indemnity requirements through an insurance or self-insurance program, and each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. DATA PRACTICES All data collected, created, received, maintained, or disseminated for any purposes by the activities of the contractor, 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. TERMINATION Washington County or City may cancel this Agreement with or without cause at any time upon giving a 60 days written notice to the Washington County Sheriff or designee or the Stillwater City Police Chief, City Administrator or designee. WASHINGTON COUNTY CITY OF STILLWATER BY: DATE: BY: DATE: County Board Chair Mayor Ted Kozlowski BY: DATE: BY: DATE: County Administrator City Clerk Beth Wolf BY: DATE: Sheriff Approved to as form: Approved as to form: Asst County Attorney City of Stillwater City Attorney Washington County WASHINGTON COUNTY (MN) INFORMATION SECURITY POLICY LOCAL AGENCY SECURITY ADDENDUM SECURITY ADDENDUM The goal of this document is to augment the Washington County Information Security Policy #3006 to ensure adequate security is provided for systems accessing Washington County data while (1) under the control or management of a Local Agency or (2) connectivity to Washington County systems has been provided to a Local Agency (city, police department, fire department, etc). Adequate security is defined in Office of Management and Budget Circular A-130 as "security commensurate with the risk and magnitude of harm resulting from the loss, misuse, or unauthorized access to or modification of information." The intent of this Security Addendum is to require that the Local Agency maintain a security program consistent with federal and state laws, regulations, and standards, as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB) for when Criminal Justice Information is present. This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adequate internal controls within the contractual relationship so that the security and integrity of Washington County's information resources are not compromised. The security program shall include consideration of personnel security, site security, system security, and data security, and technical security. The provisions of this Security Addendum apply to all personnel, systems, networks and support facilities supporting and/or acting on behalf of the Local Agency. 1.00 Definitions 1.01 Local Agency — a local government in Washington County to include the city, police department, and fire department which has entered into an agreement for the administration of or access to Washington County data and/or systems. 1.02 Not Public Data — data considered to be confidential or sensitive and not intended for public access or distribution. Not Public Data includes Criminal Justice Information (CJI), Protected Health Information (PHI), Payment Card Industry (PCI) information, Personally Identifiable Information (PII), Health Insurance Portability and Accountability Act information (HIPAA), Federal Tax Information (FTI) and any other data considered non-public. 2.00 Responsibilities of the Washington County 2.01 Washington County will ensure that each Local Agency receives a copy of the Security Addendum and the Washington County Information Security Policy #3006 per the Local Agency's request and executes an acknowledgment of such receipt and the contents of the Security Addendum. The signed acknowledgments shall remain in the possession of Washington County and available for verification and audit purposes. The acknowledgment may be signed by hand or via digital signature. 1 SECURITY ADDENDUM 3.00 Responsibilities of the Local Agencies 3.01 The Local Agency will maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy when CJI is accessed) as well as with policies and standards established by Washington County, the State of Minnesota, the federal regulation as it pertains to the data classification being accessed, processed, or transmitted (CJI, PCI, PII, PHI, etc.). 3.02 The Local Agency will acknowledge Washington County security practices as it pertains to the protection of data and information technology resources. The Local Agency agrees to requirements for the authorization to access Washington County data and systems as defined in Washington County's Information Security Policy #3006, Section XXXV. 3.03 The Local Agency agrees to Acceptable Use Agreements as defined by the Washington County Acceptable Use Policy #3001 for any employee(s) requiring Washington County credentials to access programs or systems. Local Agency employees with credential level access to Washington County systems are required by policy to accept the Acceptable Use Agreement. 4.00 Security Violations 4.01 Washington County must report security violations to the BCA and the State of Minnesota when such reporting of security violations involving specific data is required by law. 4.02 Security violations can justify termination of the appended agreement. 4.03 Upon notification, Washington County reserves the right to: a. Investigate or decline to investigate any report of unauthorized use; b. Suspend or terminate access and services, including telecommunications links. Washington County will provide the appropriate State or Federal agency with timely written notice of the suspension. Access and services will be reinstated only after satisfactory assurances have been provided to Washington County. Upon termination, the Local Agency's records containing Washington County data must be deleted or returned to Washington County. 5.00 Audit 5.01 Washington County is authorized to perform a final audit of the Local Agency's systems after the termination of the Security Addendum. 6.00 Scope and Authority 6.01 This Security Addendum does not confer, grant, or authorize any rights, privileges, or obligations on any persons other than the Local Agency and Washington County. 6.02 The following documents are incorporated by reference and made part of this agreement: (1) the Security Addendum; (2) Washington County Information Security Policy #3006; (3) the Washington County Acceptable Use Policy #3001; (4) the CJIS Security Policy; 2 SECURITY ADDENDUM (5) Minnesota Government Data Practice Act, Minnesota Statutes, Chapter 13. The parties are also subject to applicable federal and state laws and regulations. 6.03 The terms set forth in this document do not constitute the sole understanding by and between the parties hereto; rather they augment the provisions of the Washington County Information Security Policy #3006 to provide a minimum basis for the security of the system and contained information and it is understood that there may be terms and conditions of the appended Agreement which impose more stringent requirements upon the Local Agency. 6.04 This Security Addendum may only be modified by the Washington County Director of Information Technology, and may not be modified by the parties to the appended Agreement without the consent of the Washington County Director of Information Technology. 6.05 All notices and correspondence shall be forwarded by First Class mail to: Director of Information Technology Washington County 14949 62nd Street North Stillwater, Minnesota 55082 3 SECURITY ADDENDUM CERTIFICATION I hereby certify that I am familiar with the contents of (1) the Security Addendum, including its intent and purpose; (2) Washington County Information Security Policy #3006; (3) the Washington County Acceptable Use Policy #3001; (4) the CJIS Security Policy; and (5) Minnesota Government Data Practice Act, Minnesota Statutes, Chapter 13, and agree to be bound by their provisions. I recognize that criminal history record information, protected health information, federal tax information, and related non-public data, by its very nature, is sensitive and has the potential for great harm if misused. I acknowledge that access to any sensitive information and related non-public data is therefore limited to the purpose(s) for which a government agency has entered into the contract incorporating this Security Addendum. I understand that misuse of the system or data by, among other things: accessing it without authorization; accessing it by exceeding authorization; accessing it for an improper purpose; using, disseminating or re -disseminating information received as a result of this contract for a purpose other than that envisioned by the contract, may subject me to administrative and criminal penalties. I understand that accessing the system for an appropriate purpose and then using, disseminating or re -disseminating the information received for another purpose other than execution of the contract also constitutes misuse. I further understand that the occurrence of misuse does not depend upon whether or not I receive additional compensation for such authorized activity. Such exposure for misuse includes, but is not limited to, suspension or loss of employment and prosecution for state and federal crimes. Printed Name/Signature of Local Agency Employee Date Printed Name/Signature of Local Agency Representative Date Organization and Title of Local Agency Representative 4 liwater THE BIRTH P L A C E OF MINNESOTA PLANNING REPORT TO: MEETING DATE: APPLICANT: LANDOWNER: REQUEST: LOCATION: DISTRICT: REPORT BY: City Council July 6, 2021 William C. Griffith of Larkin Hoffman representing 626 4th, LLC Tom and Sandy Lynum Heritage Preservation Use Variance Zoning Text Amendment Citywide N/A Abbi Jo Wittman, City Planner CASE NO.: CPC 2021-37 INTRODUCTION The company 626 4th, LLC would like to purchase the National Register -listed William Sauntry mansion, located at 626 4th Street North, and convert the single family residence and bed and breakfast into a commercial real estate office. However, MN Stat. 462.357 Subd. 6 indicates the City "may not permit...any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located". On the other hand, MN Stat. 471.193, Subd. 3(6) indicates municipal Heritage Preservation Commissions have the powers of `granting of use variations to a zoning ordinance'. Thus, on behalf of 626 4th, LLC, William (Bill) Griffith of Larkin Hoffman has submitted a request for the City's consideration to change the City Code to allow City consideration of Heritage Preservation Use Variances (HPUVs) and, simultaneously, for a HPUV to allow 626 4th Street North to be converted into a commercial real estate office. Both actions require the Planning Commission (PC) to hold a public hearing. For the former portion of the request, the PC makes recommendation to the City Council. For the latter, the PC makes recommendation to the Heritage Preservation Commission (HPC) who, if the Zoning Text Amendment (ZAT) is approved by the City Council, will take final action on the consideration of the issuance of an HPUV for the specific property requested. On June 16, 2021 the HPC reviewed the draft ordinance. The HPC agreed that, generally speaking, the size and delicate nature of these structures demand a revenue stream for long-term maintenance and allowing consideration of an HPUV is an incentive the City should consider. They expressed support for the ZAT but requested the PC and the City Council require properties structures with approved HPUVs obtain a Design Permit for certain exterior alterations. Case No. CPC 2021-37 July 7, 2021 Page 2 On June 23, 2021 the PC held a public hearing on the draft ordinance and the potential issuance of an HPUV for 626 4th Street North. Three members of the public spoke, mostly requesting additional information about the specific reuse plan for the William Sauntry mansion. Concern was raised for the commercialization of residential neighborhoods, especially in light of the City's consideration of the Neighborhood Commercial zoning district, but support was expressed for limiting the future use the property in question in a way that would no longer allow for small events. At the meeting the PC discussed some alterations to the proposed amendment that can help ensure the HPUV property does not become a nuisance; those items are discussed in detail in a subsequent section. SPECIFIC REQUEST The request includes consideration of a Zoning Text Amendment (ZAT) to amend four sections of the City Code to allow for HPUVs. ANALYSIS Proposal Details The Zoning Text Amendment (ZAT) proposed would affect the following City Code Sections in the following ways: • Amend Section 22-7, Subd. 4(d) by adding HPUVs to the types of permits reviewed by the HPC; • Amend Section 31-202 by adding HPUVs to the types of permits allowed per the Zoning Code and requiring a public hearing for such permit considerations; • Amend Section 31-204, Subd.(5) by outlining the recommendation, action, and appeal board/commission. If approved, the PC will, in a public hearing, make a recommendation to the HPC who will approve or deny the request. The City Council will serve as the Appeals Boards. Additionally, the amendment will create Section 31-208.1 which outlines the purpose, general provisions, procedure and findings required of and for HPUVs. The purpose of the proposed ordinance amendment is to allow for uses on structures listed on the National Register of Historic Places that would otherwise be prohibited due to the current zoning classification, in an effort to preserve and promote the city's historic resources. As proposed, this would provide an incentive to National Register designation that could possibly help provide revenue streams needed to further preserve and maintain this historic resources. As written, the City would consider the age, appearance, and structural integrity of the structure; the historical significance and previous use of the structure since its construction, and the desirability of maintaining its existence; the likelihood that the structure could be preserved and used in a manner conforming with the underlying zoning classification without the issuance of the use variance; the nature and extent of any rehabilitation planned for such structure and the likelihood that the same will enhance or diminish the historical significance of the structure; the likely impact of the proposed use on the health, safety, and comfort of the surrounding properties; and the number and nature of variances required for the proposed use. Case No. CPC 2021-37 July 7, 2021 Page 3 Findings necessary for the granting of a HPUV include: • The structure has been accepted for registration on the state or Nation Register of Historic Places. • The use variance is in harmony with the general policies and purposes of the HPC. • The use variance is consistent with the Comp Plan objectives as they relate to preservation of historic properties. • The proposed use is reasonable and compatible with the current or historic use of the property, or is equal to or less intense than the current of historic use. • The use variance, if granted, will not alter the essential character of the neighborhood or detrimentally impact the surrounding neighborhood. Staff, HPC and PC Recommended Changes While the HPC supports local designation and the allowance for HPUVs could be an incentive for property owners to locally designate their structure, at this time staff is recommending HPUV consideration only be given to those independently listed on the state or National Register; this recommendation would not allow structures listed as contributing to a historic district or those locally listed to be eligible. With only twelve independent National Register -listed structures within the municipal boundary (as shown on the enclosed map), the theory is — let's start small to be able to gauge popularity, impact, etc. If proven to be successful, the program could be expanded at a future date. This recommendation has been incorporated into the draft ordinance. That said, the HPC does not review exterior changes to structures independently listed on a state or National Register. Thus, exterior changes that jeopardize the integrity of the structure could occur. As noted, the HPC made recommendation to require Design Permits for certain exterior alterations to help protect the integrity of these structures. Design Permits would be required for properties with an approved HPUVs for exterior alterations in excess of $10,000 or those that would substantially alter the exterior character of the structure unless it is considered a minor alteration (as currently denied in the code). As noted, the PC additionally had recommendations for alterations to help ensure HPUVs would not become a nuisance. This included: • Requiring HPUVs to not be transferrable. o Upon discussion with City Attorney Land, it was determined an HPUV is similar to both a Use Permit and a Variance - both of which are vested rights, recorded against the land and run with the land in perpetuity. The only way the City can require they are not transferrable is if the City adopts them as an interim use. o The City Code does not currently allow for Interim Use Permits. Thus, in order for them to not be transferrable, the Council (with recommendation from the PC) would need to approve a different ZAT to allow for interim uses. o Given an approved HPUV ZAT cannot be converted without the property owner acquiring a new HPUV, staff is not concerned about the ownership transfer. Just the Case No. CPC 2021-37 July 7, 2021 Page 4 same as a Use Permit or Variance, new owners will need to abide by conditions of approval or will be subject to revocation. • Rescinding an HPUV if the property is removed from the state or National Register. o The proposed HPUV ZAT requires a property to be listed prior to consideration of an HPUV. If a property were delisted, the HPUV would be in violation of the City Code and revoked. • Make it clear the issuance of an HPUV is not a rezoning and that rezoning would not be permitted. o This has been incorporated into the drafted ordinance. • Require HPUV application requests to outline a detailed, specific use with recommendation for submittal of a business plan or something similar. o Though not necessarily a business plan, staff believes this requirement can be incorporated into the application submittal requirements opposed to the ordinance. Local Government Precedence This type of permit process is not uncommon in historic communities within the state. In a survey of other Minnesota Certified Local Government communities, Mankato, Minneapolis, New Ulm, Pipestone and St. Paul all responded as having similar ordinance provisions. Additionally, Duluth has provisions similar to this HPUVs which allow for `flexibility in land use' when a preservation plan is in place. Communities that allow for similar use variances, do so with a primary goal to help further the preservation of property. Comprehensive Plan Conformance The 2040 Comprehensive Plan outlined a process to update the City's preservation regulations. At the time of development of the new ordinance, staff discussed HPUVs with the Council who — at the time — seemed favorable to considering the amendment as a means to help the City meet the preservation objective to "preserve and maintain historic resources and encourage adaptive reuse". However, the staff had not vetted this potential policy change through the HPC and PC and did not feel it appropriate to incorporate HPUVs at that time. As the ZAT sets the foundation for a property owner to ask if a HPUV may be considered and each use request is evaluated for the context which it is located, there is public benefit to this ZAT. PUBLIC COMMENT To the date of memo development, staff has not received any written comment regarding the proposed Zoning Text Amendment. ALTERNATIVES The City Council has the following options: Case No. CPC 2021-37 July 7, 2021 Page 5 A. Approve: If the City Council finds the Heritage Preservation Use Variance Zoning Text Amendment proposal is consistent with the City Code requirements, the City Council could move to approve, with or without amendments, the first reading of the Ordinance B. Deny. If the City Council finds that the proposal is not consistent with the City Code and the Comprehensive Plan, then the City Council could deny the request in whole or in part. C. Table. If the City Council needs additional information to make a decision, the request could be tabled. FINDINGS AND RECOMMENDATION City Code Section 31-205, Zoning map and zoning text amendments, Subsection (d), indicates that prior to approving a ZAT, the City Council must find that the public necessity, and the general community welfare are furthered; and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan or any adopted area or specific plan. Allowing Nationally -significant structures within the City to request modifications to the use of their property so long as it furthers the preservation of the structure while not negatively impacting the neighborhood is a public necessity. Approval of this Heritage Preservation Use Variance Zoning Text Amendment is in substantial conformance with the general principles and policies of the Comprehensive Plan, the Zoning Code, and those of the Heritage Preservation Commission. Therefore, staff recommends the City Council approve the first reading of the enclosed Ordinance. Attachments: Narrative Request Draft Zoning Text Amendment National Register of Historic Places Map cc William Griffith Tom and Sandy Lynum Authentisign ID: D9496C4F-7ACA-43AA-B427-89606118F365 Larkin Ho. ffman May 25, 2021 City of Stillwater Planning Department c/o Abbi Jo Wittman, City Planner 216 4th Street North Stillwater, Minnesota 55082 Larkin Hoffman 8300 Norman Center Drive Suite 1000 Minneapolis, MN 55437-1060 General: 952-835-3800 Fax: 952-896-3333 Web: www.larkinhoffman.com Re: Applications on Behalf of 626 4th, LLC, for Text Amendment and Historical Use Variance at 626 4th Street North, Stillwater, Minnesota Our File No. 44,557-00 Dear Ms. Wittman: We represent 626 4th, LLC, the purchaser of the above -addressed property (the "Property"), in its applications for a text amendment and historic use variance. The Property is currently owned by Thomas and Sandra Lynum and is used and operated as a bed and breakfast. The City granted a special use permit on March 3, 1997 to allow operation of a bed and breakfast on the Property. Now, the property owners would like to sell the Property to 626 4th, LLC to be operated as a commercial office. The commercial office will have a limited number of employees and generate few daily trips in and out of the site. We have worked with the City Planner and the City Attorney to prepare a text amendment which would allow the issuance of an historic use variance. In addition, we have prepared an application for variance. Accordingly, the following materials are enclosed: 1. Planning Application for Zoning Text Amendment and Historic Use Variance for 626 4th Street North. 2. Draft Text Amendment to allow authority for the City to issue an historic use variance. Authentisign ID: D9496C4F-7ACA-43AA-B427-89606118F365 City of Stillwater Planning Department May 25, 2021 Page 2 We look forward to working with you on these applications. Please let me know if you have any questions regarding these materials. Sincerely, William C. Griffith, for Larkin Hoffman Direct Dial: 952-896-3290 Direct Fax: 952-842-1729 Email: wgriffith@larkinhoffman.com Enclosures cc: Justin Fox Korine Land, City Attorney 4845-1634-7883, v. 1 ORDINANCE AN ORDINANCE AMENDING SECTIONS 22-7 AND 31-204, AND ENACTING SECTION 31-208.1 OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. Section 22-7, subd. 4(d) of the City Code, Heritage Preservation Commission, is hereby amended as follows: (d) Review of permits. In order to protect the architectural and historic character of designated local heritage preservation sites, the commission shall conduct review of applications for demolition, as outlined in city code section 31-215, and design permits and approve, approve with conditions, or deny the issuance of design permits. The commission shall also protect the unique character of Stillwater's downtown and residential neighborhoods through the review and approval or denial of: (1) Demolition permits required in city code section 31-215. (2) Design permits for required projects in the following: (i) Downtown design review overlay district. (ii) Neighborhood conservation overlay district. (3) Heritage Preservation use variance. SECTION 1. AMENDMENT. Section 22-7, subd. 7 of the City Code, Heritage Preservation Commission, is hereby amended as follows: Subd. 7. Review of design permits for alterations to heritage preservation sites. Requirements for design permits, using the procedure set forth in zoning, chapter 31, section 31- 209, are as follows: (1) Heritage preservation sites. Prior to the issuance of other applicable city permits and licenses, the commission shall review and approve or deny the issuance of a design permit for any of the following types of alterations to a heritage preservation site that involve: (a) Remodeling, alteration or repair that will change the exterior appearance of a heritage preservation site. (b) New construction. (c) Signs (d) Moving of buildings. (4)(e) Properties with an approved Heritage Preservation Use Variance for exterior alterations in excess of $10,000 or those that would substantially alter the exterior character of the structure unless it is considered a minor alteration under Subd. 7(2), SECTION 2. AMENDMENT. Section 31-202 of the City Code, Types of Permits, is hereby amended as follows: Formatted: Not Expanded by / Condensed by Sec. 31-202. Types of permits. The following permits and actions are established in order to carry out the purposes and requirements of this chapter: (a) Appeals; (b) Certificate of compliance; (c) Conditional or special use permit; (d) Comprehensive plan amendment; (e) Design permit; (f) Grading permit; (g) Planned unit development permit; (h) Project modification; (i) Sign design approval; (j) Site alteration permit; (k) Use determination; (1) Variance; (1)(m) Heritage Preservation use variance; (m)(n) Vegetative cutting permit; and (n)(o) Zoning amendment text/map. SECTION 3. AMENDMENT. Section 31-204, subd. (3) of the City Code, Public Hearing, is hereby amended as follows: Subd. 3. Public Hearing. (a) Required. A public hearing is required for the following: (1) Appeals; (2) Conditional or special use permit; (3) Planned unit development permit; (4) Project modification (major); (5) Variances; (5)(6) Heritage Preservation use variance; (6)(7) Zoning chapter text or map amendments; and (-7-)(8) Other projects as determined by the community development director to have potential overall community concern. SECTION 4. AMENDMENT. Section 31-204, subd. (5) of the City Code, Board or Official Body with Final Authority in Application Approval, is hereby amended by adding the following: Permits/Action Recommendation Action Appeals Board Heritage Preservation PC HPC CC Use Variance Formatted: Font: Not Italic Formatted: Indent: Left: 0.75", No bullets or numbering SECTION 5. ENACTMENT. Section 31-208.1 of the City Code, Heritage Preservation Use Variance, is hereby enacted as follows: Sec. 31-208.1 Heritage Preservation Use Variances. Heritage Preservation use variances shall require the following: (a) Purpose. The purpose of the Heritage Preservation use variance is to allow for uses on Heritage Preservations Sites, as defined in City Code Section 22-7 or those properties or buildings independently listed on the National Register of Historic Places that would otherwise be prohibited due to the current zoning classification, in an effort to preserve and promote the city's historic resources. Such authority for historic use variances is granted pursuant to Minn. Stat. §471.193 subd. 3(6), or as may be amended (b) General provisions. (1) A use variance shall only be granted to allow a use that is deemed by the Historic Preservation Committee to be similar to or less intense than the current or a former use of the property. The Planning Commission may recommend, and the Heritage Preservation Commission may add conditions to the resolution approving a use variance to address the factors listed in Subsection (2), below, or other additional factors that are reasonably necessary to fulfill the policies and purposes of the Heritage Preservation Commission identified in City Code Section 22-7 subd. 2. (2) In considering an application for a Heritage Preservation use variance under this section, the following factors shall be considered: (i) The age, appearance, and structural integrity of the structure; (ii) The historical significance and previous use of the structure since its construction, and the desirability of maintaining its existence. (iii)The likelihood that the structure could be preserved and used in a manner conforming with the underlying zoning classification without the issuance of a use variance; (iv)The nature and extent of any rehabilitation planned for such structure and the likelihood that the same will enhance or diminish the historical significance of the structure; (v) The likely impact of the proposed use on the health, safety, and comfort of the surrounding properties; and (vi)The number and nature of variances required for the proposed use. (3) A property with an approved Heritage Preservation Use Variance shall not be rezoned to a zoning district that is incompatible with the existing zoning district or surrounding zoning districts, unless it is included in a rezoning amendment with surrounding properties. (4) A property with an approved Heritage Preservation Use Variance is subject to the Design Permit review process in City Code Sections 22-7 and 31-209. (c) Procedure. A public hearing must be held by the Planning Commission, who shall make a recommendation to the Heritage Preservation Commission. (d) Findings required. The Heritage Preservation Committee shall hold a hearing and may grant a Heritage Preservation use variance, but only if all of the following conditions are met: (1) (2) (3) (4) (5) The structure has been accepted for registration on the national or state registers of historic places. The use variance is in harmony with the general policies and purposes of the Heritage Preservation Commission, City Code Section 22-7 subd. 2; The use variance is consistent with the comprehensive plan's objectives as they relate to the preservation of historic properties; The proposed use is reasonable and compatible with the current or historic use of the property, or is equal to or less intense than the current or historic use. The use variance, if granted, will not alter the essential character of the neighborhood or detrimentally impact the surrounding neighborhood. SECTION 6. 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: The City Code was amended to enact City Code Section 31-208.1, Heritage Preservation Use Variances, to allow for uses of historic properties that would otherwise be prohibited due to the existing zoning classification. Other sections were modified accordingly to incorporate this new use variance. SECTION 7. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this day of , 2021. Ted Kozlowski, Mayor Publish: Stillwater Gazette — ATTEST: Beth Wolf, City Clerk ijwater THE BIRTHPLACE OF MINNESOIA Memo To: Mayor and City Council From: Jason Grode, Parks Superintendent Meeting Date: July 6, 2021 Re: Opera on the River Event Request to Waive Fee(s) BACKGROUND: In 2019, the event organizers for the Opera on the River event requested and were granted by City Council to waive the park base fee of $500 for use of Lowell Park for 8/3/19. Here is what was invoiced in 2019 ($320 + $1,000 Security Deposit = $1,320.00 Total): Opera On The River Description Pre -event Actual Difference Applicat-on Fee $ 50.DD $ 51/00 $ Amphitheater Fee ix/electricity $ $ 125.00 $ 125-00 Lowell Park Space Fee - used Amphitheater $ 5C.CC $ - $ (50.00) Electrica boxes - p anned 1. used C $ 2C.CC $ - $ (20-00) Portapott-es - 2 $ 12C.CC $ 120.00 $ - Barr-cades - panned 6, used 2 $ 12.CC $ 4.00 $ (8-00) Park"ng of 5 Usage $ 21.CC $ 21.00 $ - Po -ce Serv-ces $ - $ $ Event Base Fee - 4•ra-tired per counc- $ - $ - $ 5ecur-t; Depos-t - ho d for 2C2C $ 1,000.00 $ 1.000.CC $ Total $ 1,273.00 $ 1,320.00 $ 47.00 The St. Croix Valley Opera has written a letter requesting waiving the event fee(s) for the 2021 Opera on the River event on August 6th through August 8th. This year's event is primarily being held on 2 days compared to 1 day in 2019, with a Performing Arts Fair on Friday (8/6/21) and the Performing Arts Fair, a VIP Dinner and the Opera on the River Concert on Saturday (8/7/21). Here is what was invoiced for 2021 ($1,693.00 total ---Security Deposit is still on file): Opera on The River - 2021: Event Application 50.00 Event Equipment - 6 Barricades 12.00 Event Equipment - 3 Portapotties 270.00 Event Equipment -3 Trash Recptacles 48.00 Lowell Electricity 250.00 Park Base Fee 1,000.00 Parking Lots Spaces Events - Lot 5 63.00 INVOICE TOTAL: 1,693.00 ACTION REQUIRED: The City Council is being asked again to consider waiving the fees as they did back in 2019. igit ST. CROIX VALLEY OPERA June 22, 2021 Stillwater City Council 216 North Fourth Street, Stillwater, MN 55082 Re: City Park Fee Waiver Inquiry Dear Beth, Mayor Ted, and City Council Members: I would like to thank you for all your support in helping us work toward bringing back Opera on the River to the public this year after the pandemic. We are looking forward to hopefully uplifting everyone's spirits with this event after such a hard year we all have had. In pursuit of working on funding this event this year coming out of the pandemic, we have once again concluded that we will need to ask the council to consider waiving the fees they did back in 2019. May we please be added to the agenda for the July 6" City Council meeting so we can make this official ask that day. Thank you and we look forward to hearing from you regarding this matter. Sincerely, Obed Floan Executive Director St. Croix Valley Opera Bringing opera to the St. Croix Valley by supporting emerging vocal artists PO Box 2300 Stillwater, MN 55082 1612-404-9265 I SCVOpera.org P.O. Box 2300 Stillwater, MN 55082 • 612-404-9265 • www.SCVOpera.org Stiliwater Administration Date: July 1, 2021 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: MN Lottery Adirondack Chair in Lowell Park Plurual Films on behalf of the MN Lottery has applied for a movie production permit. They are going to do a video capturing the placement of a large adirondack chair in Lowell Park. The chair is approximately 9' tall x 5' wide and will be painted by Minensota artist Adam Turman. The chair will also have the MN Lottery hashtag on it. Normally movie production permits are not reviewed by Council however they production company has stated they would like to leave the chair in Lowell Park for approximately 2 weeks for the public to interact with the chair. ACTION REQUIRED Council should determine if the adirondack chair should remain in the Lowell Park after the video shoot and if so, how long it should stay in the park and where it should be placed. iliwater THE BIRTHPLACE OF MINNESOTA 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us APPLICATION FOR MOTION PICTURE PRODUCTION PERMIT APPLICANT: COMPANY NAME: Plural Films on behalf of Periscope & Mn Lottery COMPANY ADDRESS: 8362 Tamarack Village #119 Woodbury, MN 55125 City TELEPHONE: 612-859-5047 State Zip Code PERSON AUTHORIZED TO RECEIVE SERVICE OF PROCESS BY MAIL: NAME: Jennifer Helm ADDRESS: 5241 37th Ave South Minneapolis MN 55417 City TELEPHONE: 612-859-5047 State Zip Code LOCATION(S) OF PRODUCTION: Placement of oversized Adirondack chair in park by the old bridge (see image). Chair is approximately 9' tall x 5' wide ESTIMATED START DATE OF PRODUCTION: week of 7/19/21 HOURS OF PRODUCTION: TBD - but not more than 3 hours for video ESTIMATED DURATION OF PRODUCTION: 1 day for shoot - 2 weeks to leave chair BRIEF DESCRIPTION OF TYPE OF PRODUCTION: Placement of oversized Adirondack chair in park by the old bridge (see image). Capture delivery of chair on video, then leave the chair in the location for a couple weeks for the public to interact with. Chair will be painted by artist Adam Turman. ANTICIPATED USE OF CITY RESOURCES/WORK FORCE: Unless they need to be present when we drop off the chair, we do not need any city resources BRIEF DESCRIPTION OF ANTICIPATED STREET CLOSURES (including time of day, hours, and duration): none NOTE TO APPLICANT: This application (including proof of insurance) must be filed no more than 180 days before and not less than 5 days before commencement of production. A performance bond may be required with this permit. The performance bond amount will be determined based on the applicants use/modification/conversion of public and/or private property. Further, the Applicant, by executing this application hereby agrees to reimburse the City for any extraordinary expenses rendered in connection with the production in a timely manner. Such costs shall include, but not limited to, charges for personnel and equipment committed in support of the production which are outside the normal scope of government services. Based on the information contained in the permit application, an estimate of these costs will be provided to the applicant prior to issuance of the permit. At the conclusion of the production, an itemized bill will be provided to Applicant and actual costs below or in excess of the estimates will be refunded by the City, or paid by the Applicant, respectively. The City is under no obligation to provide City personnel or equipment, and such shall be provided only if the City Council approves. SIGNATURE OF APPLICANT: The foregoing instrument was acknowledged before me this day of by , its , on behalf of (Name) (Title) Plural Films on behalf of Periscope & Mn Lottery (Company Name) Notary Public [Notary seal] APPROVED BY: City Administrator and/or City Council PARKS DEPT. APPROVAL DATE APPROVED: Possible Locations: South of Bridge North of Bridge LEVANDER, GILLEN MILLER, P.A. ATTORNEYS AT LAW 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 MEMO TO: Honorable Mayor Ted Kozlowski and Members of the Stillwater City Council FROM: Peter Mikhail and Amanda Johnson DATE: July 2, 2021 RE: Acquisition Resolution for St. Croix River Riverbank Stabilization and Riverwalk Project Background Information As you know, the City is undertaking a project to stabilize the St. Croix River Riverbank south of Nelson Street to the southerly boundary of the City, including the restoration of eroded riverbanks and the construction of a trail adjacent to the St. Croix River from Nelson Street to the Historic Shoddy Mill and Bergstein Warehouse Buildings (the "Project"). The City has already adopted multiple resolutions to authorize the Project, approve related funding, retain professional consultants, approve plans and specifications and advertise for bids. As part of the Project, the City needs to acquire an easement on the adjacent property for a new trail and a temporary easement for trail construction. City Staff and consultants have been engaged in ongoing discussions with the adjacent property owner regarding the Project and the possible impacts to their property. As part of these discussions, the property owner brought up concerns regarding the location of the trail. Subsequently, AMI Consulting Engineers redesigned the trail from its original configuration to move it closer to the river. This reconfiguration minimizes the impacts to the adjacent property while continuing to protect the St. Croix River. City Staff and I will continue to work with the 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA 55075 • 651-451-1831 • FAX 651-450-7384 OFFICE ALSO LOCATED IN SPOONER, WISCONSIN property owner in attempts to reach an agreement. In the meantime, to stay within the City's schedule for the Project, the City needs to move forward with eminent domain proceedings. Eminent Domain Discussion Eminent domain is a legal process used for acquiring property for public purposes, also known as condemnation. This process is used when the price of the property needed cannot be agreed upon by the seller and city. As stated above, in this case, the need for authorization to utilize the City's eminent domain powers is to ensure adherence to the Project's overall construction schedule. Attached is the acquisition resolution which authorizes the use of eminent domain to acquire the easements. The resolution includes the new location of the trail and related easements. City Staff and I will continue to work with the property owner and their attorney in an attempt to reach an agreeable settlement. Requested Council Action Approve attached Resolution Authorizing Easement Acquisition for St. Croix River Riverbank Stabilization and Riverwalk Project (Project 2016-06). Attachment 2 City of Stillwater Washington County, Minnesota RESOLUTION 2021-_ AUTHORIZING EASEMENT ACQUISITION FOR ST. CROIX RIVER RIVERBANK STABILIZATION AND RIVERWALK PROJECT (PROJECT 2016-06) WHEREAS, the City Council has deemed it necessary and feasible that the City of Stillwater ("City") undertake the St. Croix River Riverbank Stabilization and Riverwalk Project (Project 2016-06) ("Project"), including the restoration of eroded riverbanks from an area south of Nelson Street to the southerly boundary of the City and construction of a walkway adjacent to the St. Croix River from Nelson Street to the Historic Shoddy Mill and Bergstein Warehouse Buildings; and WHEREAS, the City Council deems the Project necessary and expedient for the public health, safety, and welfare; and WHEREAS, the City Council authorized AMI Consulting Engineers, P.A. to provide engineering services for the Project in Resolution 2018-237; and WHEREAS, the City Council accepted the State of Minnesota General Obligation Bond Grant for $1.65 million for the Project in Resolution 2018-249; and WHEREAS, the City Council approved Plans and Specifications and ordered advertisement for bids in Resolution 2021-084; and WHEREAS, it is necessary to acquire certain trail easements and temporary construction easements to construct the Project; and WHEREAS, the City Council finds that it is reasonably necessary, proper, convenient, and in the interest of the general welfare that the City acquire for the Project the trail easement and temporary construction easement described in Exhibit A attached hereto ("Easements"); and WHEREAS, the City Council finds that title to and possession of the Easements is required before the Project construction can begin and before the filing of the final report of the condemnation commissioners to be appointed by the district court; and WHEREAS, the City has engaged an independent real estate appraiser to provide the City with the appraiser's opinion of damages caused by the City's acquisitions of the Easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. That the acquisition of the Easements is necessary and for a public purpose in furtherance of the Project; 2. That the proper City officers and agents are authorized and directed to acquire the Easements needed for the Project by voluntary negotiation including real estate trading and, if necessary, through the exercise of the power of eminent domain; 3. That the proper City officers and agents are authorized and directed to make offers of compensation for the Easements, including real estate trading, consistent with the independent appraisals, and to attempt to negotiate the voluntary acquisition of the easements; 4. That the law firm of LeVander, Gillen & Miller, P.A., is authorized and directed to take all steps necessary on behalf of the City to acquire the Easements through eminent domain if they are not timely acquired by voluntary negotiation, including filing an action in eminent domain and using the quick take procedure under Minn. Stat. § 117.042; 5. That the City Engineer is authorized to approve the appraised values for the Easements if he determines that the independent appraisals adequately reflect the fair market value thereof for the purposes of Minn. Stat. § 117.042. Adopted by the Stillwater City Council this 6th day of July, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A EASEMENTS TO BE ACQUIRED (attached on the following pages) Legal Description of the Property PID No.: 28.030.20.41.0114 and 28.030.20.41.0044; Legal Description: 28.030.20.41.0114: That part of Lots 10 and 11, Block 28 of the Original Town of Stillwater, according to the perfected plat on file in the office of the County Recorder, Washington County, Minnesota described as follows: Commencing at the intersection of the most westerly line of said Lot 10 and the southerly line of Nelson Street as dedicated on said perfected plat; thence North 73 degrees 40 minutes 30 seconds East, assumed bearing, along said southerly line of Nelson Street 229.75 feet to the point of beginning; thence South 38 degrees 16 minutes 30 seconds East 89.55 feet to the southeasterly line of the northwesterly 50.00 feet of said Lot 11, as measured along the southwesterly line of said Lot 11; thence North 54 degrees 30 minutes 00 seconds East along said southeasterly line 56.49 feet to the northeasterly line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company land, said line is located 7.00 feet measured radially, northeasterly of the center line of an inplace track; thence northwesterly along said northeasterly line and curve, concave to the northeast; thence a radius of 1903.08 feet and a central angle of 01 degree 59 minutes 45 seconds a distance of 66.29 feet to said southerly line of Nelson Street, the chord of said curve bears North 29 degrees 40 minutes 02 seconds West; thence South 73 degrees 40 minutes 30 seconds West along said southerly line 71.53 feet to the point of beginning. Abstract Property. AND 28.030.20.41.0044: That part of Lots 10 and 11, Block 28 of the Original Town of Stillwater, according to the perfected plat on file in the office of the County Recorder, Washington County, Minnesota described as follows: Commencing at the most Westerly corner of said Lot 11; thence South 50 degrees 00 minutes 00 seconds East, assumed bearing, along the Southwesterly line of said Lot 11 a distance of 140.00 feet; thence North 54 degrees 30 minutes 00 seconds East, parallel with the Northwesterly line of said Lot 11, a distance of 220.16 feet to the point of beginning; thence North 36 degrees 16 minutes 24 seconds West 87.14 feet to the Southeasterly line of the Northwesterly 50.00 feet of said Lot 11, as measured along said Southwesterly line of Lot 11; thence North 54 degrees 30 minutes 00 seconds East along said Southeasterly line 31.82 feet to a line distant 9.00 feet Northeasterly of the center line of the main track of the Burlington Northern Railroad Company, as measured radially from said center line; thence Northwesterly along said line and a curve, concave to the Northeast, having a radius of 1423.69 feet and a central angle of 02 degrees 16 minutes 14 seconds a distance of 56.42 feet to the South line of Nelson Street as dedicated on said perfected plat, the chord of said curve bears North 30 degrees 25 minutes 55 seconds West; thence North 73 degrees 40 minutes 30 seconds East along said South line 188 feet, more or less, to the shore line of Lake St. Croix; thence Southeasterly along said shore line 87 feet, more or less, to a line that bears North 54 degrees 30 minutes 00 seconds East from the point of beginning; thence South 54 degrees 30 minutes 00 seconds West along said line 170 feet, more or less, to the point of beginning. Torrens Property. Being registered as is evidenced by Certificate of Title No. 42173. Legal Description of the Acquisition TRAIL EASEMENT DESCRIPTION A 12' wide easement for trail purposes over, under, and across the following described property; That part of Lots 10 and 11, Block 28 of the Original Town of Stillwater, according to the perfected plat on file in the office of the County Recorder, Washington County, Minnesota described as follows: Commencing at the most Westerly corner of said Lot 11, thence South 50 degrees 00 minutes 00 seconds East, assumed bearing, along the Southwesterly line of said Lot 11 a distance of 140.00 feet; thence North 54 degrees 30 minutes 00 seconds East, parallel with the Northwesterly line of said Lot 11, a distance of 220.16 feet to the point of beginning; thence North 36 degrees 16 minutes 24 seconds West 87.14 feet to the Southeasterly line of the Northwesterly 50.00 feet of said Lot 11, as measured along said Southwesterly line of Lot 11; thence North 54 degrees 30 minutes 00 seconds East along said Southeasterly line 31.82 feet to a line distant 9.00 feet Northeasterly of the center line of the main track of the Burlington Northern Railroad Company, as measured radially from said center line; thence Northwesterly along said line and a curve, concave to the Northeast, having a radius of 1423.69 feet and a central angle of 02 degrees 16 minutes 14 seconds a distance of 56.42 feet to the South line of Nelson Street as dedicated on said perfected plat, the chord of said curve bears North 30 degrees 25 minutes 55 seconds West; thence North 73 degrees 40 minutes 30 seconds East along said South line 188 feet; more or less, to the shore of Lake St. Croix; thence Southeasterly along said shore 87 feet, more or less, to a line that bears North 54 degrees 30 minutes 00 seconds East from the point of beginning; thence South 54 degrees 30 minutes 00 seconds West along said line 170 feet, more or less, to the point of beginning. The center line of said 12' wide Trail Easement is described as follows: Commencing at the most southerly corner of the above described property; thence North 71 degrees 57 minutes 52 seconds East along the south line of said described property a distance of 95.61 feet to the point of beginning of the center line to be described; thence northerly 70.10 feet along a non -tangential curve concave to the west, having a radius of 126.38 feet, a central angle of 31 degrees 46 minutes 47 seconds and a chord that bears North 07 degrees 03 minutes 12 seconds East a distance of 69.20 feet; thence North 08 degrees 50 minutes 08 seconds West a distance of 49.89 feet; thence northerly 15.69 feet along a tangential curve concave to the west, having a radius of 104.66 feet and a central angle of 08 degrees 35 minutes 13 seconds and a chord that bears North 13 degrees 07 minutes 44 seconds West a distance of 15.67 feet; thence North 17 degrees 25 minutes 21 seconds West a distance of 24.96' feet; thence northerly 11.15 feet along a non - tangential curve concave to the west, having a radius of 72.67 feet, a central angle of 08 degrees 47 minutes 23 seconds and a chord that bears North 22 degrees 37 minutes 05 seconds West a distance of 11.14 feet; thence northwesterly 16.05 feet along a non -tangential curve concave to the southwest, having a radius of 13.23 feet, a central angle of 69 degrees 29 minutes 27 seconds and a chord that bears North 59 degrees 57 minutes 43 seconds West a distance of 15.08 feet; thence northerly 19.43 feet along a non -tangential curve concave to the northeast, having a radius of 13.91 feet, a central angle of 80 degrees 00 minutes 44 seconds and a chord that bears North 54 degrees 42 minutes 05 seconds West a distance of 17.89 feet; thence North 14 degrees 41 minutes 43 seconds West a distance of 0.5 feet to the southerly R/W line of Nelson Street, and said center line there terminating. The sidelines of said easement shall be prolonged or shortened to terminate at the south line of Nelson Street and the south line of the above described property. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION A Temporary Easement for Construction purposes over, under, and across the following described property; That part of Lots 10 and 11, Block 28 of the Original Town of Stillwater, according to the perfected plat on file in the office of the County Recorder, Washington County, Minnesota described as follows: Commencing at the most Westerly corner of said Lot 11, thence South 50 degrees 00 minutes 00 seconds East, assumed bearing, along the Southwesterly line of said Lot 11 a distance of 140.00 feet; thence North 54 degrees 30 minutes 00 seconds East, parallel with the Northwesterly line of said Lot 11, a distance of 220.16 feet to the point of beginning; thence North 36 degrees 16 minutes 24 seconds West 87.14 feet to the Southeasterly line of the Northwesterly 50.00 feet of said Lot 11, as measured along said Southwesterly line of Lot 11; thence North 54 degrees 30 minutes 00 seconds East along said Southeasterly line 31.82 feet to a line distant 9.00 feet Northeasterly of the center line of the main track of the Burlington Northern Railroad Company, as measured radially from said center line; thence Northwesterly along said line and a curve, concave to the Northeast, having a radius of 1423.69 feet and a central angle of 02 degrees 16 minutes 14 seconds a distance of 56.42 feet to the South line of Nelson Street as dedicated on said perfected plat, the chord of said curve bears North 30 degrees 25 minutes 55 seconds West; thence North 73 degrees 40 minutes 30 seconds East along said South line 188 feet; more or less, to the shore of Lake St. Croix; thence Southeasterly along said shore 87 feet, more or less, to a line that bears North 54 degrees 30 minutes 00 seconds East from the point of beginning; thence South 54 degrees 30 minutes 00 seconds West along said line 170 feet, more or less, to the point of beginning. The Temporary Construction Easement lies on the above described property between the westerly shore line of the St. Croix River and the following described line; Commencing at the most southerly corner of the above described property; thence North 71 degrees 57 minutes 52 seconds East along the south line of said described property a distance of 62.56 feet to the point of beginning of the line to be described; thence northerly 79.36 feet along a non -tangential curve concave to the west, having a radius of 103.72 feet, a central angle of 43 degrees 50 minutes 28 seconds and a chord that bears North 13 degrees 05 minutes 06 seconds East a distance of 77.44 feet; thence North 08 degrees 50 minutes 08 seconds West a distance of 25.85 feet; thence North 16 degrees 24 minutes 19 seconds West a distance of 75.09 feet; thence North 36 degrees 19 minutes 16 seconds West a distance of 13.81 feet; thence South 73 degrees 34 minutes 29 seconds West a distance of 11.50 feet; thence North 16 degrees 24 minutes 19 seconds West a distance of 9.44 feet to the southerly R/W line of Nelson Street, and said line there terminating. The sidelines of said easement shall be prolonged or shortened to terminate at the south line of Nelson Street and the south line of the above described property. Excepting therefrom the 12' Trail Easement as shown per St. Croix Surveying Job No. 2021.27A and recorded as Washington County Document No. Said temporary easement is to expire on December 31, 2025. Sketch of the Acquisition Trail Easement Exhibit Si. Crulx Surnr,inK SV 11114- Ill rAllii -: lliiii-AW0,11pRinii '� a 1 1 1• • .41v y .a+r $s !4aiaii- poi 1 HJIIHIJI!iiillifluiiili ..!1ti'!jiiiflHUi 1 I'iII!iIIi4iIJiiIU •1n s1 Iiiiillinliiiiiililig 4914f t.li3_ .l$it. 0.12 ' i—! s4 0 d ii ii3IIR^.xUME 1/118111 f s Arra- I In' 3MS3K1i5 ►0 37m Gti� 4�� cr. 7 pp$R`S��'Lti r St. Croix Surveying P:vt.:aaxa.l L.asu su...yar_ . rr 1 re1fl„a. h age ear. Fe .715, 12 . c+s vjaiuc� uiwy-.7.6 Ccm Mean. y une & awn L6,e rapt of Way . ni - - - - Ealevelvie o 1e772 CrrotivOiro aa.arr.relvea Cher t 666 Ccraueg Ergneaa 3E0 Tama a CI31e Vamat Nedra. Las =x+rVe1, NC4e5 Tot 5alnry vas;Mama miltal Cie6ea1RUa TM nepor_ T11e ar e! nay !a rer aly Cr a.u..r.r16 1161310ara a 1e.erw5=: r6ue may OHM sap plvpery al gyro 4116siwctoe Pico IOa6'AC ltei Fi ratr 26 030-2e4 13114 rr 6Catlary6 Ease-r rt rter.63 rportOo7 Cy All Ae Morisco erglq 33 O76166 p1R Telr'parry Carl1tebon Exerner 6 - 5.376 37. Invr.937•33 altos irvey was pr1aed b me vrde- r'Ydiver sirperns34.1Shx1am3A)1 w.cd I,aM Svrveyr ...ae.11-.e laws dtl.4 Stet d ranrpsrata Gres 6 1,m1e....PLS a53116 iXre. 3:23.!21 Cev,,. Yin" "6 I Size. Mvr.cm 1 Don he 2931 276 Temporary Trail Construction Easement Exhibit Dock Cafe, 425 Nelson St. E, Stillwater MN ,,ELS RI. 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N,n, 16 negee3 24 1.11.6124 , 9 Hewes YRi a m]ree R 7 al top OM/ laareey1U0 sieze -pees an Lam vie arpe elm'I^J Tme aoefr3E d'1.k7 tiiernell WO tie SZaarra 52 3435 lea I[1 larr..rate air WW1 re WNW, l4 a 171ef01InRlta 71e a6Me 66%0Wm7 pi9My, Etitoertec mereaR3 are !: 17ae 646ene6 as 1.10rn per $L Uet 5srreying jam No 21:21 276 atl Mated a W 341155 n Carty D0arvent r•62 liwater THE BIRTH P L A C E OF MINNESOTA Planning Report TO: Mayor & Council Members CASE NO.: 2021-14 MEETING DATE: July 6, 2021 DEVELOPER: JAM Freedom, LLC REQUEST: Approval of the Final Plat and Development Agreement associated with Marylane Gateway Addition 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 Future: RB, Two — Family Residential REPORT BY: Abbi Jo Wittman, City Planner BACKGROUND Jeffrey and Michelle Hause of JAM Freedom LLC intend to develop a 6-lot residential subdivision at 8483 Marylane Avenue North. Known as Marylane Gateway Addition, the City Council approved the Preliminary Plat in April, 2021. SPECIFIC REQUEST The request before the City Council is to: 1) Approval of the Final Plat for Marylane Gateway Addition to be located at 8483 Marylane Gateway Addition; 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. With the exception of the payment of development fees, which are typically paid at the time of Final Plat release, the developer has met all Preliminary Plat conditions of approval. Concern continues to be expressed by the adjacent property owner about vegetation clearing adjacent to the eastern property line. At the time of Preliminary Platting it was expressed that the pond's location, close to the eastern property line, is not consistent with ponding to the south. Marylane Meadows Page 2 However, in planning for the final design of the pond, it was determined there were limited areas that the site's soils could accommodate the onsite ponding. One condition of Preliminary Plat approval is to update the landscaping plan with an additional 10 trees on the property. Traditionally the City would require those trees to be planted on each individual lot. Staff worked with the developer to modify the landscape plan for those trees to be predominantly planted along the eastern property border. Additionally, the Development Agreement places a two-year warranty on all trees and requires the Homeowner's Association to maintain the trees in perpetuity. These have not been items the City has traditionally included in the Development Agreement. These things have been done in direct response to the adjacent property owner's concerns. 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 Jeff and Missy Hause attachments: Updated Tree Preservation/Landscaping Plans Final Plat Resolution Final Plat TREE PRESERVATION NOTES 1. TREE INVENTORY IDENTIFIED AND LOCATED BY REHDER FORESTRY CONSULTING, 612-760-3519. 2. NO VEGETATION CLEARING, PRUNING, AND TREE REMOVAL TO BE STARTED WITHOUT COORDINATION WITH THE OWNER'S REPRESENTATIVE. TREES TO BE SAVED AND/OR REMOVED TO BE MARKED IN THE FIELD AND APPROVED BY THE CITY PRIOR TO ANY REMOVAL. CONTRACTOR TO PROTECT EXISTING TREES, SHRUBS, AND VEGETATION WHERE NOTED. UNAUTHORIZED REMOVAL WILL REQUIRE REPLACEMENT AND POSSIBLE RESTITUTION. DURING THE CONSTRUCTION, IF TREES NOTED TO BE SAVED ARE DAMAGED AND CONSIDERED LOST PER THE CITY'S STANDARDS, CONTRACTOR IS RESPONSIBLE FOR REQUIRED REPLACEMENT AND FINANCIAL PENALTY. 3. INSTALL SILT FENCE AND TREE PROTECTION FENCE PRIOR TO COMMENCING GRADING ACTIVITIES. INSTALL TREE PROTECTION FENCE AROUND TREES TO BE SAVED AT A DISTANCE IN FEET FROM TREE EQUAL TO THE TREE DIAMETER (DBH). SILT FENCE AND TREE PROTECTION FENCE MUST BE INSTPECTED BY CITY STAFF PRIOR TO ANY SITE WORK. MAINTAIN FENCES FOR DURATION OF CONSTRUCTION ACTIVITIES. UPON ESTABLISHMENT OF TURF AND SEEDING, REMOVE FENCES AND DISPOSE OFFSITE. 4. NO MATERIALS, VEHICLES, OR EQUIPMENT CAN BE STORED WITHIN THE TREE PROTECTION AREAS. 5. AVOID TRIMMING OR CLEARING OAK STANDS BETWEEN APRIL 15 AND JULY 1 TO PREVENT INSECT TRANSMISSION. IF ANY PRUNING OR WOUNDING OAK OCCURS DURING THIS PERIOD, COVER THE WOUND WITH A RECOMMENDED TREE WOUND DRESSING IMMEDIATELY. FRESH OAK STUMPS MUST BE TREATED, COVERED, AND GROUND OUT IMMEDIATELY FOLLOWING FELLING OF TREES. LEGEND TREE & VEGETATION CLEARING IMPACTS ON SAVED TREE ■ ■ — TREE PROTECTION FENCE TREE PRESERVATION SUMMARY CANOPY COVER 1" DBH = 1' RADIUS CANOPY REMOVE TREE Tag Remove DBH Species Cond Notes 1 Off Site 2 12 Spruce, white Fair 3 10 Spruce, white Fair 4 16 Spruce, white Fair 5 13 Spruce, white Fair 6 12 Spruce, white Fair 7 51 Maple, silver Fair 8 16 Aspen, quacking Good 9 22 Boxelder Fair 10 18 Ash, green Fair 11 X 10 Elm, american Fair 1 12 15 Elm, american Good 13 7 Elm, american Fair 14 8 Elm, american Fair 15 X 11 Apple Fair 16 12 Apple Fair 2 Multistem 17 23 Cherry, black Fair 2 Multistem 18 15 Ash, green Fair 19 X 21 Cottonwood, eastern Good 20 X 21 Walnut, black Good 21 X 66 Maple, silver Fair 3 Multistem - 22,22,22 22 X 33 Ash, green Fair 3 Multistem - 20,7, 6 23 30 Maple, silver Fair 24 51 Maple, silver Fair 2 Multistem - 26, 25 25 28 Basswood, american Fair 2 Multistem - 26, 25 26 22 Oak, red Very Good 27 9 Spruce, white Fair 28 18 Elm, american Fair 29 30 Maple, silver Fair 30 10 Spruce, white Fair 31 Off Site 32 16 Elm, american Fair 33 19 Elm, american Fair TOTAL EXISTING ON -SITE SIGNIFICANT TREES IMPACTED 12% & 17% (SAVED TREES) REMOVED 31 TREES 645 INCHES 2 TREES 6 TREES 162 INCHES (25%) NO TREE REPLACEMENT IS REQUIRED (35% MAX ALLOWANCE) w U Z w X X / / i / / / / i / / / / / \ / �� �/ / / / 7 , ../ 7 i / i / > / /� �/ • i i/ i / / / / / / / / / l 1 / \ \ \ \ \N \ \ \ \ \ \ \ \ \ \\ \ �\ \\ � \\ \ \ \ \ I \ \ N\\ \\ \ \\ \\ I \ \ \ \ \ \ N \ in \in I / L. 1 / \ 0 \ w EXISTING HOUSE 2 / I \ / // / s16" /II / I — t- — 916 / --�'— <<6 I I /1 in in \\ l \ \ ,l i \ ARAGE w\ 1 / / 7 / / w \ s / / / / / / I / / / / / / I / / rn I TREE PROTECTION x FENCE (TYP) � w \ \ 12% IMPACTS ON CANOPY COVER F MEE PROTECTION FENCE (TYP) REMOVE TREES 17% IMPACTS ON CANOPY COVE 908 w - I w / / i \ • —904 7 / 7 REMOVE TREE _ge4 TREE PROTECTION FENCE (TYP) ►'is��i-i�irCiCii!=!=iiv_i=0�= ��=r_impri'1�„ivi� �._i��v♦�v�v+ �,�•��Q���Q�:wv�v / 1" 1 1 1 1 1 1 1 1 1 PRESERVATION AND REMOVAL OF EXISTING 1 NON SIGNIFICANT TREES AND VEGETATION COVER TO BE DETERMINED BY HOMEOWNER (TYP) --- • i REMOVE TREE �� II♦�v♦�v♦' II♦"��v♦ �i �' Mv♦�v♦�v♦�v♦' I909 *1.Iv.���v♦2.��v♦'�i ��•�v♦�v♦�v♦�v♦�v♦�v♦"��r/%v♦�v♦�v♦�v♦ �v♦�v♦� �v♦�v♦i�%v♦�v♦�v♦� 909 lV ' _ "��������` _41Filk " _ " "T �� " _ " _ " " _ " _ "I CST"►_"_"_"_"_"_"_"_"A�I��"�"�"�t►r�v�vw�"""IWA _ v" "v���vA�� ,���v.��������1��.�*���������9���, , ,�����,�`►���,�v:M��t►0����,ri�►�i���,��,r��� ����'���i, iiit►ii� ♦ i iiiiiiiiiiiiiii�►iiui`==ii►iiiiiiii�,�iii� �►� �iii`�ii�iit`'iiiiiiiiiiiiii�►i�viiiiiiiiiiiii �i� ♦iiiiiiiiiiiii♦ • tiiiiiiiitJiiii �iiiiiiiiiii4 �iiii►i♦ �iiii�liii� REMOVE -TREE w 911 7 910 MARYLANE AVE. N. ma- • 7 0) —r 0) o 20 60 MISSY HAUSE JEFF HAUSE JAM FREEDOM, LLC 613 155TH AVE SOMERSET, WI 54025 651-442-6555 PROJECT MARYLANE GATEWAY STILLWATER, MINNESOTA SHEET INDEX FINAL PLAT AND PERMIT APPLICATION REVISION DATE SWMP DISCUSSION CITY RESUBMITTAL CITY RESUBMITTAL CITY & BCWD COMMENTS CITY COMMENTS ,A 04/06/2021 04/16/2021 04/22/2021 06/15/2021 06/28/2021 Civil Engineering Landscape Architecture Construction Services MINNEAPOLIS, MN 55415 p 612.260.7980 f 612.260.7990 CERTIFICATION I hereby certify that this plan was prepared by me, or under my direct supervision, anAat I am a duly Licensed Landscaptpct,E0Or the la s f the state of MIWA\ X CO cd1 Pilarsinee Saraithong REGISTRATION NO. 45059 DATE 02/26/2020 SHEET TREE PRESERVATION PLAN L-010 TREE PRESERVATION PLAN Know what's below. Call before you dig. SCALE IN FEET PROJECT NO. LANDSCAPE NOTES 2 3 4 5 0 0 1. LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR FINISHED GRADING AND POSITIVE SURFACE DRAINAGE IN ALL LANDSCAPE AREAS. LANDSCAPE CONTRACTOR MUST ENSURE THAT THE FINAL GRADES ARE MET AS SHOWN ON GRADING PLAN. IF ANY DISCREPANCIES ARE FOUND, IMMEDIATELY NOTIFY LANDSCAPE ARCHITECT FOR RESOLUTION. 2. ALL PLANT MATERIALS ARE TO CONFORM WITH STATE & LOCAL CONSTRUCTION STANDARDS AND THE CURRENT ADDITION OF THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS. ALL PLANT MATERIALS ARE TO BE HEALTHY, HARDY STOCK, AND FREE FROM ANY DISEASES, DAMAGE, AND DISFIGURATION. 3. QUANTITIES OF PLANTS LISTED ON THE PLAN ARE TO GOVERN ANY DISCREPANCY BETWEEN THE QUANTITIES SHOWN ON THE PLANT SCHEDULE AND PLAN. PLACE PLANTS IN PROPER SPACING FOLLOWING LAYOUT FIGURES. 4. TOPSOIL TO BE MNDOT 3877.2E LOAM TOPSOIL BORROW FOR LANDSCAPED AREAS AND PLANTING BEDS. PROVIDE ROOTING TOPSOIL BORROW MNDOT 3877.2E FOR PLANT RESTORATION, WATER QUALITY, AND FILTRATION PLANTING. 5. PLANTING SOIL TO HAVE A PH BETWEEN 6.5-7.5, BE FREE OF CHEMICAL CONTAMINANTS, DEBRIS, LARGE ROCKS GREATER THAN 1/ 2" DIAMETER, AND FRAGMENTS OF WOOD. SUBSOIL SHALL BE SCARIFIED TO A DEPTH OF 4" BEFORE PLANTING SOIL IS SPREAD. 6. MULCH TO BE SHREDDED HARDWOOD BARK MULCH (MNDOT 3882 TYPE 6), CONSISTED OF RAW WOOD MATERIAL FROM TIMBER AND BE A PRODUCT OF A MECHANICAL CHIPPER, HAMMER MILL, OR TUB GRINDER. THE MATERIAL SHALL BE SUBSTANTIALLY FREE OF MOLD, DIRT, SAWDUST, AND FOREIGN MATERIAL AND SHALL NOT BE IN AN ADVANCED STATE OF DECOMPOSITION. THE MATERIAL SHALL NOT CONTAIN CHIPPED UP MANUFACTURED BOARDS OR CHEMICALLY TREATED WOOD, INCLUDING, BUT NOT LIMITED TO, WATER BOARD, PARTICLE BOARD, AND CHROMATED COPPER ARSENATE (CCA) OR PENTA TREATED WOOD. THE MATERIAL SHALL BE TWICE -GROUND/ SHREDDED, SUCH THAT; NO INDIVIDUAL PIECE SHALL EXCEED 2 INCHES IN ANY DIMENSION. x 7. APPLY FOUR (4) INCH DEPTH OF SHREDDED HARDWOOD BARK MULCH IN FOUR (4) FOOT DIAMETER RING AROUND ALL TREES. 8. SOD SHOWN ON LANDSCAPE PLAN TO BE INSTALLED BY LANDSCAPE CONTRACTOR. SOD SHALL CONFORM WITH MNDOT 3878.2A, BE DENSE, AND OF UNIFORM TEXTURE, FREE OF WEEDS AND DISEASE. APPLY MINIMUM SIX (6) INCHES OF TOPSOIL (MNDOT 3877) AND THOROUGHLY APPLY SLOW RELEASE FERTILIZER TO TOP TWO (2) INCHES BEFORE LAYING SOD. 9. FOLLOW LANDSCAPE DETAILS FOR ALL INSTALLATION, UNLESS OTHERWISE NOTED. 10. LANDSCAPE CONTRACTOR SHALL MAINTAIN PLANTS IN HEALTHY CONDITION THROUGHOUT WARRANTY PERIOD. THE WARRANTY PERIOD IS TWO FULL YEARS FROM DATE OF PROVISIONAL ACCEPTANCE UNTIL FINAL ACCEPTANCE. WARRANTY PERIOD FOR PLANT MATERIAL INSTALLED AFTER JUNE 1ST SHALL COMMENCE THE FOLLOWING YEAR. PLANT SCHEDULE KEY QUANT. COMMON NAME SCIENTIFIC NAME SIZE ROOT COND. MATURE SIZE DECIDUOUS TREES AR 5 AUTUMN RADIANCE RED MAPLE GD 5 ESPRESSO KENTUCKY COFFEETREE QB 5 SWAMP WHITE OAK ACER RUBRUM AUTUMN RADIANCE' GYMNOCLADUS DIOICUS 'ESPRESSO-JFS' QUERCUS BICOLOR 2.5" CAL. 2.5" CAL. 2.5" CAL. B&B 50'H X 35'W B&B 50'H X 35'W B&B 50'H X 40'W U Z m Z co T— O CC O I,dllull IIIIAIIIJII I�uii d iull idlllAllull loll TREE GUARDS ONE FLAG PER WIRE COMPACT PLANTING SOIL — SCARIFY SIDES OF PIT PRIOR TO PLANTING 3" MIN.- 8" DIAMETER 2-PLY CORRUGATED HDPE GUARDS UV INHIBITOR -TREATED WHITE EXTERIOR WITH BLACK INNER SURFACE SET BOTTOM FIRMLY IN SOIL MULCH DISH I I I AINJ l I III II,d1IIJ I I (IIAIIIJII MIA NOTES MAINTAIN TREE IN PLUMB POSITION THROUGHOUT THE WARRANTY PERIOD (SEE SPECIFICATIONS). TREE STAKING AND ITS METHOD ARE OPTIONAL TO CONTRACTORS. TWO ALTERNATIVES ARE SHOWN. mulll I\uuAlNdll�m IIII III II MOUND SUBGRADE SCARIFY BOTTOM PRIOR TO PLANTING PLANTING PIT 2-3 X DIA. OF SOIL BALL DUG & TILLED PIT 3-5 X DIA. OF SOIL BALL DECIDUOUS TREE PLANTING x DOUBLE STRAND 14 GA. WIRE & 3 STEEL STAKES AT 120 DEGREE INTERVALS 16" POLYPROPYLENE OR POLYETHYLENE, 40 MIL, 1-1/2" WIDE STRAP 8' STEEL STAKE INSTALL ON THE SIDE I fOF PREVAILING WIND ull,yl11IMI,dII, TREE WRAP TO FIRST BRANCH ROOT FLARE AT FINISHED GRADE OR FIRST MAJOR BRANCHING ROOT AT 1 INCH BELOW SOIL LINE CUT AND REMOVE TOP 1/3 BURLAP (MIN.), WIRE BASKET, AND ALL NYLON CORD MULCH, EDGING, & DISH RING (SEE LANDSCAPE NOTES) PLANTING SOIL WATER & TAMP TO REMOVE AIR POCKETS NO SCALE u'NW L — EXISTING TREES & VEGETATION 2 AR PRESERVATION AND REMOVAL OF EXISTING NON SIGNIFICANT TREES AND VEGETATION COVERS OUTSIDE CONSTRUCTION LIMITS TO BE DETERMINED BY HOMEOWNER. (TYP) INFILTRATION BASIN 2 OB FOUNDATION PLANTING AROUND HOUSE BY OTHERS (TYP) 1 AR 1 QB ADJUST LOCATIONS OF TREES TO AVOID CONFLICTS WITH UNDERGROUND TELEPHONE AND ELECTRIC L L INSTALL STREET TREE 10' FROM RIGHT-OF-WAY (TYP) Al L-101 DECIDUOUS TREE PLANTING (TYP) 5 GD 00 oc c L r LANDSCAPE PLAN MARYLANE AVE. N. LEGEND 1"=20' EXISTING SIGNIFICANT TREE & CANOPY COVER Know what's below. Call before you dig. +++, + + + + +++ SOD GENERAL ROADSIDE SEEDING SEE SHEET C-201 FOR SEEDING NOTES STORMWATER SEEDING SEE SHEET C-201 FOR SEEDING NOTES 20 60 SCALE IN FEET MISSY HAUSE JEFF HAUSE JAM FREEDOM, LLC 613 155TH AVE SOMERSET, WI 54025 651-442-6555 PROJECT MARYLANE GATEWAY STILLWATER, MINNESOTA SHEET INDEX PRELIMINARY PLAT APPLICATION 02/26/2021 REVISION DATE SWMP DISCUSSION CITY RESUBMITTAL 04/06/2021 04/07/2021 Civil Engineering I Landscape Architecture I Construction Services 310 4TH AVENUE S, SUITE 1006 MINNEAPOLIS, MN 55415 p 612.260.7980 f 612.260.7990 www.elanlab.com CERTIFICATION I hereby certify that this plan wXred by me, or under my direct su .e I am a duly Licensed L. . c. ii ct u r the laws of the statgof �'+ A O -\ON ��c ONS� G Pilarsinee Saraithong REGISTRATION NO. 45059 DATE 02/26/2020 SHEET LANDSCAPE PLAN L-1O1 PROJECT NO. CLS20020 I A A I / I / / I V V / I /- -/ / / \ / / / ` / / \ / / / /` //\/ / Y / V rl / I A / r, / A -I— I- / / 1/1/ F / / /_I / l I/ V V l L_ / I l A / / \/i / / V WEST 1/4 CO2NE2 OF - SECTION 19, T30N, 220W, CALCULATED POSITION sC /o Q- I A / n \ S 1 / 1 / / V V / -1 - 61 - 61 A A / \ / / / / i -. / / .- / 1// / !/( / / . / //( / \// \ \/ ./// \ i / / / A / i , -/ i \ A / / / / \ / / / / / V \ / / \ / / V A / / \ / / / / V \ , /-, / / l / / / I / I \ / / - S89 °19 53 E 1026.96 r , L / \ ' , / / A / -/- \ / / / / / / / \ / / Y / r7 /, / / / / / / \ / A / / V , \ / / A / -/- \ / / / / / / / \ / / Y v EAST - WEST OUA2TE2 LINE OF SECTION 14 T30N, 220W /-r// -,/--, r , r , / \ 1 A / A / / < r-r / / 1/1/ /\/ L / / I \ / V V / V \ 889°32'34"E 238.99 oo O \ r-- / / /- - \// I A / n 1/1/ / 1 V V / I / F r' /- - /- - //( \ / / I L. - L. - / \ r, r, / / / / 1 L \Y / r , / n /- / /_I L _ / I r, n / / / /- l / I / / / I / I / L _ /-- 5'LY LINE OF FORMER i STILLWATER AND ST. 1 PAUL RAILROAD COMPANY RIGHT OF WAY (125.00 DESC.) (125.00 DESC.) 1 +S89 °14'12 "E 238.16 J 1 V l / / \ / - /- 0 00 0 N 0 N 0 (125.00 DESC.) 2 - LINE PARALLEL WITH THE SOUTH LINE OF THE FORMER RAILROAD RIGHT OF WAY N89°14'12"W 270.67 N roc' orD c\2 N- C 0 co N 0 \\ N 20 0 0 \\\ \0\\27.37 1 L 3 4/o0 4S i8 N89°14'12"W N88°00'37"E \ 270.18 00 / / 142.41 N O N co `/:.-------,:----,, _ — — ——N83°34'45"W ( DRAINAGE AND UTILITY EASEMENT 8.5' \ b. moo 15 < < — — — ���2 j y r , I;. \'2 A / ------ 1-''' 1_ N o 0 N89°14'12"W 269.69 DRAINAGE AND UTILITY EASEMENT DRAINAGE AND UTILITY EASEMENT EAST 1/4 CO2NE2 OF SECTION 14 T30N, 220W, FOUND HAG. NAIL OVE2 WASHINGTON COUNTY CAST I20N MONUMENT 589 °19'52 "E 4031.86 ; 889°28'46"E ccs L - 0 487°20' 48'E 1 47.13 — � 7.81-=� J 38.78 --' i 57.09 53.75 - N83°16'29"W � N 0 z \76.89 _ _ r j II -'_ 1' w =, DRAINAGE AND N ,j N UTILITY EASEMENT 0 I . n co r/i \ Imo \ z i 1 0 1j -/ 71I .93 -- 1 30.11 \\ \\0,° 09, \sj-)'9, \,.9 o \ co 6 1 \1 ` I I J 39.74 0 N co I Fi ly/ 269.20 0 N89°14'12"W 268.66 N89°14'12"W (266.54 RA) RVo 5.00 45'48„ e \\\ \ I ' \ // / Q .0 \ t MARYLANE GATEWAY ADDITON KNOW ALL PERSONS BY THESE PRESENTS: That JAM Freedom, L.L.C., a Minnesota limited liability company, fee owners of the following described property situated in the County of Washington, State of Minnesota, to wit: Lot One (1), Block One (1), Rivard Addition, according to the recorded Plat thereof on file and of record in the office of the County Recorder in and for said County and State; also that portion of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 19, Township 30 North, Range 20 West, described as follows: Commencing at the intersection of the Southerly line of right-of-way of Stillwater and Saint Paul Railroad Company with the Westerly line of township road running Northerly and Southerly along the East side of the West One-half (W 1 /2) of the Southwest Quarter (SW 1/4) of said Section 19 as said township road is now located; thence Southerly along the Westerly line of said township road One Hundred Twenty-five feet (125') to a point; thence Westerly and parallel with the Southerly line of right-of-way above mentioned One Hundred Twenty-five feet (125') to a point; thence Northerly and parallel to the westerly line of the said township road One Hundred Twenty-five feet (125') to a point on the Southerly line of the said right-of-way; thence Easterly along the Southerly line of said right-of-way One Hundred Twenty-five feet (125') to the place of beginning. Have caused the same to be surveyed and platted as MARYLANE GATEWAY ADDITION and does hereby dedicate to the public for public use forever the easements created by this plat for drainage and utility purposes only. In witness whereof said JAM Freedom, L.L.C., a Minnesota limited liability company, has caused these presents to be signed by Jeffrey G. Hause, a Chief Manager on this day of , 202___. Jeffrey G. Hause, a Chief Manager STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing instrument by Jeffrey G. Hause, a Chief Manager, of JAM Freedom, L.L.C., a Minnesota limited liability company was acknowledged before me on this day of , 202___, on behalf of the company. (SIGNATURE) (PRINT) Notary Public County, Minnesota My Commission Expires January 31, 2025 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 MARYLANE GATEWAY ADDITION; 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) (print) Notary Public, Dakota County, Minnesota My Commission Expires January 31, 2025 z c v MANNING AVE VICINITY MAP ST ATE HIGHWAY NO. (16 DELLWOOD ROAD N. (CO. RD. NO. 64) 80TH STREET N. CREEK MCKUSIK RD. NK___ NOT TO SCALE SEC. 19, TWP. 30, RNG. 20, WASHINGTON COUNTY, MN 0 PLANNING AND ZONING COMMISSION OF THE CITY OF STILLWATER The foregoing plat of MARYLANE GATEWAY ADDITION 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 MARYLANE GATEWAY ADDITION 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 By Washington County Surveyor 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 I 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 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: (NOT TO SCALE) i 5 - L 5 I I --10 t —J L— 10 - BEING 10 FEET IN WIDTH AND ADJOINING PLAT BOUNDARIES AND BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES UNLESS OTHERWISE SHOWN ON THE PLAT. THE ORIENTATION OF THIS BEARING SYSTEM IS BASED UPON THE EAST - WEST QUARTER LINE OF SECTION 19, T30, R20 WHICH IS ASSUMED TO HAVE THE BEARING OF S89°19'53"E. 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. DENOTES FOUND REFERENCE NAIL AND DISC SET ABOVE WASHINGTON COUNTY CAST IRON MONUMENT (428.68 DESC.) DENOTES DIMENSION PER LEGAL DESCRIPTION (428.68 2A) DENOTES DIMENSION AS SHOWN ON THE PLAT OF RIVARD ADDITION NORTH 0 30 60 SCALE: 1 INCH = 30 FEET SCALE IN FEET CORNERSTONE LAND SURVEYING, INC. RESOLUTION CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING FINAL PLAT FOR MARYLANE GATEWAY ADDITION CASE NO. 2021-41 WHEREAS, Jeffrey and Michelle Hause of JAM Freedom LLC made application for the approval of the Final Plat known as MARYLANE GATEWAY ADDITION; and WHEREAS, on March 24, 2021 the Planning Commission for the City of Stillwater held a public hearing on the preliminary plat and rezoning requests for MARYLANE GATEWAY ADDITION and upon hearing testimony from the public voted 5-0 to recommend approval to the City Council with conditions; and WHEREAS, on April 6, 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, July 6, 2021 the City Council reviewed the Final Plat and plans for MARYLANE GATEWAY ADDITION 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 MARYLANE GATEWAY ADDITION. Enacted by the City Council of the City of Stillwater, Minnesota the 6t11 day of July, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Case No. 2021-41 Final Plat CC: 7/6/2021 Page 2 of 3 Exhibit A Legal Description Lot One (1), Block One (1), Rivards Addition, according to the recorded Plat thereof on file and of record in the office of the Register of Deeds in and for said County and State; also that portion of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 19, Township 30 North, Range 20 West, described as follows: Commencing at the intersection of the Southerly line of right-of-way of Stillwater and Saint Paul Railroad Company with the Westerly line of township road running Northerly and Southerly along the East side of the West One-half (W 1/2) of the Southwest Quarter (SW 1/4) of said Section 19 as said township road is now located; thence Southerly along the Westerly line of said township road One Hundred Twenty-five feet (125') to a point; thence Westerly and parallel with the Southerly line of right-of-way above mentioned One Hundred Twenty-five feet (125') to a point; thence Northerly and parallel to the westerly line of the said township road One Hundred Twenty-five feet (125') to a point on the Southerly line of the said right-of-way; thence Easterly along the Southerly line of said right-of-way One Hundred Twenty-five feet (125') to the place of beginning. Case No. 2021-41 Final Plat CC: 7/6/2021 Page 3 of 3 Exhibit B 1.• WA I iiiV6 TON cnv.vrr R. PLAT :VD. e3 II.F!::•?..,:9Ti9ev' COLM77,-- .:Fie:FX T OF WA A26 170 - ()WA,27 3•11121.1^B ILTS."4"1".1 t 1 0,4 INAIP — — — — nzio NON , 1.1.FA0m, WS -41 6 w MARYLANE GATEWAY ADDITON • -, • ""'....=7.,..."711"41'="" paw mg, tim),15 CORNERSTONE Water THE BIRTHPLACE OF M I N N E S O 1 A PLANNING REPORT TO: City Council MEETING DATE: July 6th, 2021 APPLICANT: Brandon Larson LANDOWNER: White Bear Ventures (Richard Farrell) REQUEST: Consideration of a Variance to the maximum allowed height within the Downtown Height Overlay District LOCATION: 223 Main Street South CASE NO.: CPC-2021-34 DISTRICT: CBD (Central Business District); within the Downtown Height Overlay District REPORT BY: Graham Tait, City Zoning Administrator INTRODUCTION Richard Farrell, with White Bear Ventures, is renovating the second and third stories of his building and in doing so is proposing to relocate an existing stairway roof access and elevator on the building's rooftop to the northwest corner. Also proposed is an approximately 250 sf vestibule to accompany the stairs and elevator. This property is located in the Downtown Height Overlay District, and will require a variance to the height limitations. The design has previously been reviewed and approved by the Heritage Preservation Commission (HPC) though the HPC's approval allows for no greater than a minimum code compliant walkway to connect the two improvements. However, on June 23rd, 2021 the Planning Commission denied these variances. City Code, according to a 2008 ordinance amendment, requires that height variance requests, greater than 10% of the maximum height allowed, must be reviewed and approved by City Council. 1 Indirectly related to the current request, the City has received complaints about blocking parking stalls and loading areas with dumpsters and lifts on Water Street related to existing interior construction. This interior construction is covered by an existing Building Permit. If the City Council were to consider the current request for height variance, it could attach reasonable conditions (limits on hours, payment for blockage of parking and loading areas, etc.). 1 Sec.31-208. (g). Height variances. The city council is the final city authority for deciding upon any request for a height variance that would be more than ten percent greater than the height allowed in this chapter. The planning commission must hold a public hearing on a height variance request and must make a recommendation to the city council on whether the requested variance meets the findings required in Section 31-208(d). 7/06/2021 Page 2 SPECIFIC REQUEST The applicant is requesting two variances to City Code Section 31-403. (b). (3). i.: ➢ To allow the height of a building, with an elevator, stairway and vestibule, to be 59', whereas the maximum height allowed is 37'. ➢ To allow the building to be four stories, whereas three stories is the maximum in this overlay district. Ova City of Stillwater Downtown Height Zones Road centerlines CBO Height Overlay District Riverside - 1.5 starlas/20* Parkslde - 2.5 storlesl30' Historic - 3 stories/3T Bluffslde - 4 storles145' Bluff Top - 3 stories/35' ANALYSIS The Planning Commission denied 223 Main St South's variance request based primarily on the following reasons: 7/06/2021 Page 3 • The sink indicates this is not a storage area, and it's clear the intention is to use this area as an entertainment space. • The elevator is not built at this time so they do not need a landing (identified as "future elevator/closet") yet. In fact, at the time they intend to construct an integral elevator and it's landing, they wouldn't need to go before the Planning Commission as this type of improvement is allowed to extend above the maximum allowable height in this overlay district. • The maximum number of stories in this height overlay district is three stories; the building is already three stories tall.; Adding a fourth floor as a "penthouse space" is counter to the overlay district's intent. FINDINGS AND RECOMMENDATION The Planning Commission did not find that this variance is in harmony with the general purposes and intent of the Zoning Code and that this expected use (entertainment space) in not in consistent with the surrounding neighborhood and the overall vision for downtown. Therefore, both staff and the Planning Commission recommend the City Council deny the 22' height variance and the additional one-story variance for 223 Main Street South, located within the Downtown Height Overlay District. Attachments: Site Location Map Applicant Narrative (two pages) Floor Plans for the roof (three pages) cc: Richard Farrell Brandon Larson �AIk o�f ' f �!�'Mil , Z' IIIE ,IIIIhnnlMI ,Lt�iim. il-..: .I IIl���I,►` �` �� S. Letter to the Planning Commission regarding 223 Main St S Stillwater, MN 55082 Members of the Planning Commission, I am drafting this letter to inform the Planning Commission on the intended and proposed changes to the property at 223 Main St. S in Stillwater. This building is believed to have been built in the 1880's. This is a three-story red brick Classical Revival style commercial building with Red sandstone trim and sandstone banding between second and third floors. It is topped by an elaborate broad metal paired bracketed and paneled swag parapet with dentils. Second and third story windows are newer, original opening still intact. The store front is altered with newer brick and clapboard in the Transom above main entrance. This building is mixed use with a Bakery currently operating out of the 1st floor space. 2nd and 3' floors are residential and will be owner occupied. The proposed changes include: - Moving the 3rd floor to roof stair access from the middle of the space on 3rd floor to the existing stairwell located at the Northwest end of the building. In doing this we can obtain rooftop access from all floors and down to the street entrance without having to access 3rd floor occupied space to reach the roof. This will make general maintenance of roof top mechanical equipment much more accessible for repairs or replacement without having to interrupt businesses or residents of the building. The stairs can also then be built to current building codes and life safety measures achieved. - Moving the existing Elevator from the current location and putting it next to the existing stairwell at the Northwest end of the building. (Existing elevator cannot be brought up to code) By moving this elevator location we can remove the peaked roof mass near the parapet on the East side of the roof. The new elevator will be brought to the original placement at the construction of the building. This elevator will be able to service all floors of the building. - Adding a "Covered Vestibule" approximately 250 +/- square feet to receive the elevator stop at the roof, also receive the relocated stairway to the roof from 3rd. This space will provide a covered entrance to the roof, house the elevator and stairway. Our goal for this is to allow enough clear space for the exit of the stairwell and elevator. - This structure will be comprised of the material previously approved by the HPC and board. o Exterior Facade to be dark, subdued standing seam metal o Aluminum soffit and fascia o Windows and door frame to be dark and subdued. Please see sheet A4.FL of attached Architectural drawings for the details - This structure is designed to have a flat EPDM roof to minimize the overall height. The height of this structure will be the minimum allowed by building code. A gable roof design we believe would cause more attention to the structure and is not inline with the current roof design of the building. As the roof sits right now the existing stair and elevator doghouses are not contributing to the historical look of the building. These were installed years after the initial construction of the building. The original elevator shaft location is where we intend to put the new elevator bringing it back to its original location in the building. We believe that these additions that are scattered on the roof are not physically appealing as it currently sits. Our intention is to remove those later additions making for a cleaner organized look going from three structures to one. Please see the attached Architectural drawings for the exact location and look of the proposed structure with updated street view rendering. Our overall intent in constructing this space is to clean up the roof as it sits, make the roof much more accessible than it is right now for future patrons/residents of 223 Main St, bring all means of access and egress up to code centralizing them into one location, and finally making it both useful and appealing to all that can use it and see it. Thank you for your time and consideration in this matter. OWNER B MAIN STREET MAIN STREET ADD - ABOVE PARAPET �4 5. 1 RESIDENCE ACCESS ONLYADD- LIMITS OF CONSTRUCTION NEW FLIGHT OF STAIRS FROM 3RD FLOOR TO ROOF TOP FOR F RELL n 2 HR RATED SHAFT FOR STAIR AND FUTURE ELEVATOR ROOFTOP 403 O O O MAX. COMMON PATH OF EGRESS ADD - TRAVEL DISTANCE- 94'1" < 125' P IBCTABLE 1006.2.1 ER n n r ROOF PLAN A4.FL SCALE: 3/16"=1'-0" NORTH UP ROOFTOP 20 O lox LIMITS OF CONSTRUCTION /\ O ROOFTOP 403 0 O O O O n n 11 C4.FL PENTHOUSE 2 2 ROOF PLAN SCALE: 3/16"=1'-0" NORTH FLOOR PLAN KEYED NOTES 1 7. FIRE ESCAPE LADDER TO 8. BELOW 9. 10. WATER STREET 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. SUMP PIT CLOSE OPENING ON ROOF, CLOSE THE FLOOR AND CEILING, FILL THE OPENING WITH 1-HR RATED FLOORING REF DETAIL 2/A6.1 FRAME IN FOR FUTURE ELEV SHAFT, UTILITY DUCT, GREASE DUCT EXISTING 4X4 WALLS, ADD 2 LAYERS OF $" TYPE "X" GYP BD. REF D2, D3 WALL TYPE EXISTING WINDOWS TO REMAIN, REFACE AND REPAINT ON INTERIOR SIDE ANDERSEN 200 SERIES DOUBLE -HUNG WINDOWS, WHITE EXTERIOR AND UNFINISHED PINE INTERIOR, 39-1/2" X 59-1/2". ANDERSEN OUTSWING FOLDING DOOR, TRADITIONAL STYLE, 3 PANELS - EACH 3'-0" X 7'. FOLD IN TOWARDS STAIR. ANDERSEN 400 SERIES DOUBLE -HUNG WINDOWS TO MATCH EXISTING WINDOWS. DOOR 301 TO BE 3'X8', DOORS 310 AND 201 TO BE 90 MIN RATED DOOR AND FRAME WITH CLOSER AND GASKET DOOR 401 TO BE 3' WIDE DOOR, 90 MIN RATED DOOR AND FRAME WITH CLOSER AND GASKET. VERIFY DOOR HEIGHT WITH OWNER EXISTING DECK AND GUARDRAIL TO REMAIN STACKABLE WASHER/DRYER ELECTRICAL PANEL MOP SINK EXISTING ROOF DRAINS TO REMAIN. ALL NEW PATHWAYS TO BE 10' MIN FROM PARAPET WALL, WITH WALKING PADS AT PATHWAYS ROOF TOP UNIT REPAIR ROOF AREAS AS NEEDED PER MANUFACTURER'S INSTRUCTIONS, EXISTING EPDM ROOF TO REMAIN NEW SILL AT DOORWAY TO BE 8" HIGH TO MEET MANUFACTURER'S INDUSTRY STANDARD FLASHING HEIGHT. COORDINATE SILL HEIGHT WITH NEW FLOOR HEIGHT AND STAIR LANDING AT PENTHOUSE PENTHOUSE TO HAVE EPDM ROOF WITH CODE APPROVED SLOPE AND SCUPPER TO DRAIN ONTO MAIN ROOF GUTTER AND DOWN SPOUT 22. REPAIR/RESEAL JOINTS BETWEEN THE CAP STONES AT PARAPETD WALL. AT DAMAGED CHIMNEY CAPS, PROVIDE PLYWOOD UNDERLAYMENT AND FULLY SOLDERED CHIMNEY CAP FOR WATERTIGHTNESS 21. FLOOR PLAN GENERAL NOTES A. INSTALL ANDERSEN DOORS AND WINDOWS PER MANUFACTURER RECOMMENDATIONS B. EXISTING ROOF DRAINS AND OVERFLOW SCUPERS TO REMAIN TO THE MAXIMUM EXTENT POSSIBLE. ROOFER TO PROVIDE TAPERED INSULATION LAYOUT SUBMITTAL FOR ALL NEW/EXISTING ROOFING TO BE INSTALLED FIRE ESCAPE LADDER TO BELOW WATER STREET FARRELL RESIDENCE REMODEL 223 MAIN STREET SOUTH, STILLWATER 00• AUROMIRA ARCHITECTS 13754, FRONTIER COURT, SUITE 101 BURNSVILLE MN 55337 a u ro m i ra a rc h i to cts . co m B I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly registered Architect under the laws of the State of Minnesota pursuant to MR 1800 and 1805 Name: Mythili Thiagarajan Date: 10/23/2020 Reg. No: 42440 12/11/2020 ADDENDUM-3 11/06/2020 ADDENDUM-2 10/23/2020 ADDENDUM-1 9/28/2020 PERMIT SET 9/28/2020 CHECK SET DATE DESCRIPTION PROJECT NO: CAD DWG FILE: DRAWN BY: MT CHK'D BY: MT COPYRIGHT: AUROMIRA ARCHITECTS LLC SHEET TITLE ROOF PLAN SHEET NO. A4.FL OWNER MAIN STREET IJMITS OF CONSTRUCTION UP 0 0 O 10 SQ FT 0 ADD- ® ,JJ-/ 43 SQ FT II 55.7 SQ FT O O 0 10SQFT O rr--- -]1 84.8 SQ FT O 10S FT Q FT O 1 0 SQ F FT O O O O 1 132.4 SQ FT ROOF DEMOLITION PLAN A2.Dy SCALE:3/16"=1'-0" NORTH FLOOR PLAN SYMBOLS LEGEND EXISTING WALL TO REMAIN NEW CASEWORK EXISTING WALL TO BE DEMOLISHED EXISTING CASEWORK TO REMAIN EXISTING DOOR TO BE DEMOLISHED NEW WALL EXISTING DOOR TO REMAIN NEW DOOR i(\ EXISTING WINDOW TO REMAIN NEW POCKET DOOR 5'-0�� DIMENSION LINE, NOMINAL O KEYED NOTE 4' PRIVATE OFFICE ROOM NAME AND NUMBER ENTRY NUMBER Mil Kil 1A SECTION REFERENCE TAG 1A ELEVATION REFERENCE TAG 500 500 REVISION CLOUD GRIDLINE FIRE ESCAPE LADDER TO BELOW WATER STREET DEMOLITION PLAN KEYED NOTES 1. REMOVE STAIR 2. REMOVE ELEVATOR SHAFT ADD . EXISTING TALL CHIMNEY TO REMAIN. REPAIR CHIMNEY AND CAP TO ADDRESS STRUCTURAL ISSUES RELATED TO THE LEANING CHIMNEY . REMOVE SKYL , ' • • OPEN! G FOR NEW STAIR 6. REMOVE ROOF MEMBRANE TO INSTALL NEW FLOOR FINISH 7. EXISTING DECKING & RAILING TO REMAIN E D FARRELL RESIDENCE REMODEL 223 MAIN STREET SOUTH, STILLWATER 0CN AUROMIRA ARCHITECTS 13754, FRONTIER COURT, SUITE 101 BURNSVILLE MN 55337 auromi raarch itects.com C I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly registered Architect under the laws of the State of Minnesota pursuant to MR 1800 and 1805 Name: Mythili Thiagarajan Date: 10/23/2020 Reg. No: 42440 12/11/2020 ADDENDUM-3 11/06/2020 ADDENDUM-2 10/23/2020 ADDENDUM-1 9/28/2020 PERMIT SET 9/28/2020 CHECK SET DATE DESCRIPTION PROJECT NO: CAD DWG FILE: DRAWN BY: MT CHK'D BY: MT COPYRIGHT: AUROM IRA ARCHITECTS LLC SHEET TITLE ROOF LEVEL A DEMOLITION PLAN SHEET NO. 1 A2.DE OWNER METAL PANEL SYSTEM WEATHER BARRIER MEMBRANE FLASHING POSITIONING FIN- SET IN SEALANT METAL SYSTEM TRIM WITH WEEPS SEALANT WITH BACKER ROD SEALANT WITH BACKER ROD METAL SYSTEM TRIM WITH WEEPS POSITIONING FIN- SET IN SEALANT MEMBRANE FLASH WEATHER BARRI METAL PANEL SYSTE HEAD/SILL DETAIL AT WINDOW SCALE: 1-1 /2"=1'-0" 1 1 1 1. 1 PREFINISHED METAL CAP OVER MEMBRANE FLASHIN EPDM ROOF OVER TAPERED INSULATION, EXTEND EPDM OVER GYP SHEATHING BEHIND METAL CAP BEAM, SEE STRUCTURAL ITI I 2 Ham' RATETD E ERI W CORRUGATED METAL SIDI 1 4.1 1 Igr • 1 1 R21 MIN. NSULATION AT NE DOUBLE HUNG WINDOW, SE SEE WALL TYPES TO MATCH EXISTING EXTERIOR WALL PLAN HEADER AT WINDOW. SEE STRUCTURAL ADD-3 ADD-3 REFER TO ANDERSEN WINDOWS INSTALLATION INSTRUCTIONS w METAL FLASHING AT SILL EXISTING EPDM ROOF OVER TAPERED INSULATION, EXTEND EPDM OVER GYP SHEATHING BEHIND METAL SIDING EXISTING STRUCTURE WALL SECTION AT ROOF LEVEL SCALE: 1 "=1'-0" LNL w W >\ N ADD-2 ADD-3 \CO TOTAL DEPTH=DEPTH OF FLAT ROOF+30' MIN PARAPET WALL PER IBC 705.11.1 1111111 1111I II 1 W16X26 BEAM ABOVE OPENING TO SUPPORT ROOF, SEE STRUCTURAL 1 1 1 1 1 1 1 1 1 1 1 1 1.I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 N // / / / / \ \ \ \ \ 0 \ /// \ / / / / 0 \ \ \ \ \ / //z \ / / / / / \ 0 \ \ \ / / / \ /// \ / / / / / / \ \ \ / o \ \ / / / / / / / \ / M \ / / / / / \ \ \ \ \ . \ \ SEE PLAN 4, 8" S LL HEIGHT TO ALLOW FOR ROOF FLASHING PER INDUSTRY STANDARDS CO STANDING SEAM BRONZE METAL PANEL SIDING, PARAPET WALL CAP -' AND WINDOWS TO MATCH SIDING EXISTING PARAPET WALL ROOF ELEVATION WEST SCALE: 1 /2"=1'-0" 2 ROOF ELEVATION SOUTH A7.1 SCALE: 1 /2"=1'-0" 3 1 ROOF ELEVATION EAST A7.1 SCALE: 1 /2"=1'-0" FARRELL RESIDENCE REMODEL 223 MAIN STREET SOUTH, STILLWATER 00• AUROMIRA ARCHITECTS 13754, FRONTIER COURT, SUITE 101 BURNSVILLE MN 55337 auromiraarchitects.com I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly registered Architect under the laws of the State of Minnesota pursuant to MR 1800 and 1805 of-L-gmitrirta-v- Name: Mythili Thiagarajan Date: 10/23/2020 Reg. No: 42440 12/11/2020 ADDENDUM-3 11/06/2020 ADDENDUM-2 10/23/2020 ADDENDUM-1 9/28/2020 PERMIT SET 9/28/2020 CHECK SET DATE DESCRIPTION PROJECT NO: CAD DWG FILE: DRAWN BY: MT CHK'D BY: MT COPYRIGHT: AUROMIRA ARCHITECTS LLC SHEET TITLE ELEVATIONS SHEET NO. A7.1 1 2 6 City of Stillwater Washington County, Minnesota RESOLUTION 2021-092 RESOLUTION DENYING A VARIANCE TO THE MAXIMUM ALLOWED HEIGHT WITHIN THE DOWNTOWN HEIGHT OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT 223 MAIN STREET SOUTH CASE NO. 2021-34 WHEREAS, Brandon Larson, representing White Bear Ventures, submitted a request for a variance to the maximum allowed height within the Downtown Height Overlay District for the building at 223 Main Street South, legally described as: Lot 2 Block 28 Being South 30Ft of Water St, Stillwater; and WHEREAS, the Planning Commission held a public hearing and reviewed the request for a variance to the building's height, on June 23, 2021 and, in a 7-0 vote, denied the height variance request; and WHEREAS on July 6, 2021 the City Council discussed the request and found the proposed additions did not conform to the Downtown Height Overlay District's height requirements set forth in City Code Section 31-403. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby denies the variance request. Adopted by the Stillwater City Council this 6th day of July, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk ,,,I 1‘,‘I‘ 1‘1‘88‘,‘I‘ it, k, ft, CITY OF STILLWATFR ANNUAL BOARDS AND COMMISSIONS PICNIC YOU AND YOUR GUEST ARE INVITED TO THE CITY OF STILLWATER ANNUAL PICNIC DATE: Wednesday, August 11, 2021 TIME: Social Hour, 5 p.m. Picnic, 6 p.m. to 8:3o p.m. PLACE: Pioneer Park in Stillwater (North 2nd Street) Please RSVP by Wednesday, August 2, 2021, so we can plan food accordingly. nmanos(a�ci.stillwater.mn.us. Thank you! LET'S GET STILLWATER'S FYI NEW PARK NAMF RIGYT 'The name we give to something shapes our attitude toward it. Katherine Paterson, novelist POSSIBLE PARK ACTIVITIES Birding Field Guides Storybook Trail and Art History Kayak + Canoe Landing Walking, Fishing, Picnics Bicycling Rest Stop Planned Swimming Beach Can you think of others? POTENTIAL NAMES Birding Heron Rookery Park Ecology Wild & Scenic Park Observation Place Where the Birds Gather Ojibwe Ho -Ka Be Park (Ojibwe for heron, to hatch) Canoeing Abwi Landing (Ojibwe for paddle) Stillness + Renewal Anwebi Landing (Ojibwe for he/she rests) Legacy Park Oneota Park Can you think of others? St. Croix Valley community members have come together to revisit the opportunity to name a new flagship Stillwater park and celebrate the area's long human history and exceptional natural resources. We welcome anyone who wishes to join this effort. We need your input, ideas and advocacy. WHAT Creating a vision and framework to support the consideration of a new place name for Lumberjack Landing, formerly known as North Aiple Park. WHY With appreciation and acknowledgment for the work of the Stillwater Parks and Recreation Commission and the Stillwater City Council, we seek additional brainstorming around different ideas. We believe the city can do better than "Lumberjack Landing," and has a responsibility to thoughtfully consider the message delivered by a park name. We seek a name that can be woven into what was, what is and what can be. A name can be multi -dimensional, descriptive and inspirational. Names should remain relevant as the community grows and changes. Stillwater has promoted a lumberjack narrative for decades. It is an important part of the community's heritage, but is widely used and overshadows other stories. We seek a comprehensive perspective —there is more here to share and more to build upon. Logging lasted less than a century, while the river valley's human and natural history stretches back at least 10,000 years. THEMES The North Aiple Park Master Plan highlights "passive park" themes meaning no organized recreational sports. Passive, however, does not mean inactive. The Master Plan and the public survey respondents highlight the area's natural assets: natural vegetation and natural beauty, preservation and restoration, peace and quiet. BRAINSTORMING PROMPTS Recently, the region marked ow the 50th anniversary of the Wild & Scenic Rivers Act and the 100th anniversary of the National Park -•-•"" Service. As a National Scenic Riverway, the St. Croix is praised for its conservation and stewardship. This natural resource is an inspiring part of our region's future. From the gap just north of the park, visitors can see where the river becomes a lake. The property is uniquely positioned where the waters slow and the river widens. This is one inspiration for the name Stillwater, a place where the pace of the river slows —unhurried as it moves along. NEXT What DO we want? Please share your feedback and thoughts, be kind, be creative, be community -centric. VISIT WWW.STILLWATERPARKNAME.WIXSITE.COM/SITE TO CONTRIBUTE YOUR IDEAS BY JUNE 30. We'd like to present options to the City Council at their August 10th meeting. Coordinated by Tracy Maki (Stillwater), Heather Rutledge (Stillwater), and Greg Seitz (May Township) Washington - — County 1. 9:00 Roll Call Pledge of Allegiance BOARD AGENDA June 22, 2021 - 9:00 AM 2. 9:00 Comments from the Public FYI 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 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 2.0 full-time equivalent (FTE) Senior Social Worker positions for the Co - Response Model, in partnership with Community Services Department, Washington County Sheriffs Office, and the Woodbury Police Department. B. Approve Cooperative Agreement No. 14134, between Washington County Community Services, on behalf of the Washington County Workforce Development Board and the South Washington Schools Adult Basic Education, Vocational Rehabilitation Services, and the Minnesota Department of Employment and Economic Development, for One -Stop Operator (OSO) services. C. Approve Grant Contract No. 14137 between the Department of Human Services and Washington County, in the amount of $261,355 for the period July 1, 2021, through June 30, 2023, for the Housing Support program. D. 1. Approve Contract No. 14142 with the Americlnn Forest Lake, for the period July 1, 2021, through September 30, 2021. 2. Approve Contract No. 14143 with the Stillwater Inn and Suites, for the period July 1, 2021, through September 30, 2021. E. Adopt a resolution for the Library to accept a donation from an anonymous donor in the amount of $30,000. F. Approve an agreement for the Mapping Prejudice Project, between the University of Minnesota Libraries and 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 Consent Calendar continued G. Adopt a resolution of support for Washington County's application to the Minnesota Historical and Cultural Heritage Grants Program — also known as Legacy Grants — to pursue funds in the amount of $10,000 to conduct a Historic Structure Report for the Washington County Historic Courthouse. H. Adopt a resolution of support for Washington County's application to the Minnesota Historical and Cultural Heritage Grants Program — also known as Legacy Grants — to pursue funds in the amount of $100,000 for addition of storm windows and window repairs at the Washington County Historic Courthouse. 4. 9:10 Public Works - Kurt Howard, Planner II (item A) - Alex McKinney, Parks Manager (item B) 9:10 A. 1. Adopt a resolution to repeal Ordinance 203 and replace with Ordinance 214 which contains updated language to Chapter 1, Sections 6 and 8 of the Washington County Development Code, enabling coordination of membership between the Planning Advisory Commission (PAC) and the Board of Adjustment and Appeals (BAA). 2. Terminate membership to the former Planning Advisory Commission (PAC) and Board of Adjustment and Appeals (BAA), appoint members to the newly reconfigured PAC and BAA, and authorize letters thanking outgoing members for their service. 9:25 B. Adopt a resolution in support of Park and Recreation Month, proclaiming the month of July as Park and Recreation Month in Washington County parks and trails. 5. 9:35 General Administration - Kevin Corbid, County Administrator A. Designation of voting delegate and alternate for the 2021 National Association of Counties (NACo) annual conference. 6. 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. 7. 10:05 Board Correspondence 8. 10:05 Adjourn Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington :� County 9. 10:10 Reconvene as the County Board of Appeal and Equalization A. Reconvene as County Board of Appeal and Equalization 10. 10:55 Board Workshop with Public Works A. Review Stafford Library / Woodbury Central Park project. 11. 11:30 Board Workshop with Property Records and Taxpayer Services A. Continuation of Status Update on License and Service Centers 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 BOARD AGENDA July 6, 2021 - 9:00 AM 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public 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 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 June 15, 2021, and June 22, 2021, County Board meeting minutes. B. Approval of abatement for commercial/residential property located at 209 Main Street South in Stillwater. C. Approval of penalty abatement exceeding $10,000 for property located at 500 Bielenberg Drive in Woodbury. D. Approval of application for renewal of an On -Sale and Sunday Liquor License for Outing Lodge LLC, located in May Township. E. Approval of the plat of Martins Arcola Addition in May Township. 4. 9:10 Community Corrections - Terry Thomas, Director A. Adopt a resolution proclaiming July 19-23, 2021, as Pretrial, Probation and Parole Supervision Week. 5. 9:20 Public Works - Don Theisen, Director 9:20 A. Approve Contract No. 14131 with Alliant Engineering, Inc. in the amount of $1,034,252 for the Trunk Highway (TH) 36 and Lake Elmo Avenue/County State Aid Highway (CSAH) 17 Intersection Study 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 9:30 B. 1. Approve Contract No. 14148 with HGA in the amount of $399,890 for the Washington County Historic Courthouse Exterior Rehabilitation Project. 2. Approve permanent use of fund balance in the amount not to exceed $99,900 from the Historic Courthouse Restoration Fund 412 to be used for the Washington County Courthouse Exterior Rehabilitation Project. 6. 9:40 General Administration - Kevin Corbid, County Administrator 9:40 A. Adopt a resolution to end the COVID-19 Emergency Declaration by the County Board. 10:00 B. Final Legislative Update 7. 10:20 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. 10:35 Board Correspondence 9. 10:35 Executive (Closed) Session - Public Works A. Executive closed session pursuant to Minn. Stat. § 13D.05 subd. 3(c) to review the appraisal for the property located at PID 06.029.20.21.0002 as it pertains to its purchase for future road extension of County State Aid Highway 15 South Segment. 10. 10:55 Adjourn 11. 11:00 Finance 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