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2022-07-26 CC Agenda Packet Changed due to Night to Unite
Zoom Meeting Participant ID: 779912 X IT1 Join Audio Start Video Beth Wolf ..: View Rose Holman Stillwater Program Rose Holman Stillwater Program Security Tim Gladhill Type here to search Share Screen Pause/Stop Recording 0 0i 01 Reactions cts 0 Participants (5) (Host, me, participant ID: 779912) 0 Rose Holman (Co -host) 0 . r Stillwater AV 6 01 Stillwater Program Tim Gladhill Invite Mute All Sj J q 7:23 PM 7/26/2022 Stillwater Skateboard Park DiscussionJuly 26, 2022 Stillwater Skate Park•April meeting Council directed staff to explore locations for Skateboard Park.•Selected sites that were easily accessible, and visible, centrally located •Recommended size 10,000 sf for every 25,000 residents. •Met with Nicole Hause on July 7 for inputs. Possible Locations Northland Park Site Benson Park Shoddy Mill site Northland Ice RinkTemporary use.Needs paved surfaceConcrete- $123,000Asphalt- $73,000 enriching lives since 1967 Sim► 11 r l� 11:015 .. r 4. a poi roe r4 "'+r�:Y' 0 ff ;�f• twI am lire grateful for Community Thread. The assistance they provide really does make the difference of whether I can keep up with things and remain in my home. Their staff and volunteers make it happen!" community thread Dear Friends of Community Thread, As we reflect on 2021, we are overjoyed that Community Thread was able to continue its mission of serving our community and humbled by the generous support of our volunteers, donors, and supporters. We have two key messages from last year that we would like to share with you. Our first message is how pleased we were to see everyone working together toward forming another "new normal". This is evident in the favorable increases in direct services offered to our participants, as well as in visits from older adults who attended social or educational programs. Community Thread served more people in 2021 than 2020; however, this is still only half of the number we served, prior to the pandemic. We look forward to continuing to offer the direct services and experiences that keep people engaged. The second message is how exciting it was to celebrate setting a new "record". Our community prides itself on volunteer involvement and Community Thread coordinated the efforts of over 2,500 volunteers in 2021! This equated to nearly $309,000 in labor. These volunteers were engaged with our organization in many different opportunities, ranging from the Stuff the Bus school supply drive to serving as special "Covid relief" volunteers, and assisting -the -most -vulnerable -in our community. A demand that continues to increase, and has become especially relevant, is the need to help older adults age in place in their homes and in their communities. As adults age, some may experience countless barriers to creating and maintaining their independence. Many face challenges in finding safe and affordable transportation, while others have trouble finding reliable and cost-effective help for routine home repairs and chore assistance. These needs have been especially relevant over the last two years. At Community Thread, we are well -positioned to help adults age in place and can fulfill this need with our new model for programming: Thrive at Community Thread. In 2021, we introduced Thrive through a "soft launch" and began to offer expanded services to the participants enrolled in our Older Adult and Chore Services and Transportation Programs. Thrive at Community Thread will help us deepen our connection with the community and increase our ability to better serve our neighbors for decades to come. Finally, throughout the year, the Community Thread Board of Directors worked to advance the financial sustainability of the organization. In 2020 and 2021, Community Thread applied for and was awarded two loans through the Paycheck Protection Program; both loans were forgiven in 2021. We also received a record number of generous gifts from foundations, municipalities, and individual donors who recognized the value of our work. We are in a solid position to continue to advance our mission. Thanks for your support in keeping our community a caring place. Sharon King President, Board of Directors Stet-aro-Pt, KiAAg Sally Anderson Executive Director Sally Aktettvymk, 2021 2021 BOARD OF DIRECTORS Program & Fundraising & Rental Fees Investment Incomes 1% 4% PPP Loan Forgiveness 14%1111 In Kind Support 17% Support & Revenue $1,226,973 � J Grants & Contributions 64% Management & General 14% Total Functional Expenses $952,371 Direct Program Services 78% Statement of Financial Position December 31, 2021 & 2020 ASSETS Cash Accounts Receivable Prepaid Expenses Net Property and Equipment Other Assets Total Assets Accounts Payable Accrued Expenses PPP Loan Total Liabilities CaMEMMINIIIMIR Total Unrestricted Temporarily Restricted Total Net Assets $534,839 $21,007 $1,220 $411,865 20 .a $258.216 $79,201 $1,219 $438.040 $27,692 $24,629 $996,623 $801,305 $1,500 $55,444 10) $56,944 $835,499 $101,180 $936,679 Audited financial statements can be found at www.CommunityThreadMN,org. $6,540 $53,088 79,600 $139,228 $618,897 $43.180 $662,077 Financials do not include $308,924 as valued by the Independent Sector for 9,972 volunteer hours at $30.98 per hour. 2021 BUSINESS PARTNERS Fundraising 8% i 0 IAndersen Corporation r Richard McDonough RM Realty i 4 AFTON BAYPORT LAKELAND LIONS ALERUS ANDERSEN CORPORATION ANDERSEN WINDOWS AND DOORS ARTIS SENIOR LIVING BAYPORT MARINA BAYTOWN TOWNSHIP BLUE PENCIL COLLECTIVE BLUESTONE PHYSICIAN SERVICES CARNELIAN-MARINE-ST. CROIX WATERSHED DISTRICT CCF BANK CITY OF BAYPORT CITY OF OAK PARK HEIGHTS CITY OF STILLWATER COMFORT KEEPERS CORTRUST BANK COSTCO DIASORIN, INC. EDINA REALTY FIRST STATE BANK AND TRUST GALOWITZ OLSON HEALING RIVER CHIROPRACTIC KING OF KINGS LUTHERAN CHURCH LAKE ELMO BANK PARAGON POOLS PLATINUM BANK PONY PREESCHOOL CHILD DEVELOPMENT CENTER ROYAL CREDIT UNION SRI TRINITY LUTHERAN CHURCH XCEL ENERGY ii:i� � iOfl Board Treasurer Community Volunteer Home to Sweet Home First State Bank & Trust Stillwater Area Schools Artis Senior Living Andersen Corporation Healthcare Solutions Pro F'er tle Board Secretary Lake Elmo Bank Midwest Spine and Brain 0 Institute Sorrtinrrta Schind{er Board Vice President DiaSorin, Inc. Community Volunteer hiS` Swedback Law PLLC 1 STAFF Sally Anderson Executive Director Kathryn Bolinder Associate Director Cathleen Hess Development & Communications Director Hannah Erickson Development & Communications Coordinator Rachel Presslein Thrive Program Director Kim McRunnel Older Adult Program Director Lynn DeCorsey Older Adult Program Assistant Jennifer Kmecik Volunteer Center Director Leanna Miller Volunteer Center Coordinator Jenny Hutchins Farrell Administrative Coordinator Our Locations Stillwater 2300 Orleans Street West Stillwater, MN 55082 Bayport 243 Fifth Avenue, Suite 108 Bayport, MN 55082 Phone: 651-439-7434 Fax: 651-789-4193 www.CommunityThreadMN.org Chore Services & Transportation Program For decades, the Chore & Transportation Program has played a critical role in our community by helping older adults live independently. By providing rides to medical appointments and support for basic household tasks, we are ensuring daily needs are being met for our local neighbors. In 2021, we began to offer new services to a small group of participants in preparation for the launch of our new membership model - Thrive at Community Thread - designed to expand the social activities and direct services we provide. As a sampling of the new services offered, some participants claimed rides for errands, to go grocery shopping, or take their pet to the groomer while other participants requested assistance at home for folding laundry or for special projects like sorting photographs. Thanks to volunteers, we are able to support older adults desiring to age in place, in their homes and in their communities. 76 requests 174 volunteer hours 351 trips 792 volunteer hours am beyond grateful for the circulator bus! Having personal transportation to and from my errands has been a blessing. We are all so lucky to have an organization like this! community thread Thank you Community Thread Connector Loop Sponsors! City of Allina HealthISOak Park Heights # Lakeview Hospital HealthPartoers. Rotary Stillwater Rotary Club Stillwater, MN Hugh J. Andersen Foundation Stillwater Lions Club S{!1!water THE RIRTIII.F.A[:E OF IIVMXE SOFA Older Adult Program • • • • • • • • ■ • • • • I • As a year of transition, we brought back programs starting with those that could be done safely with participants staying masked and six feet apart. We adapted other programming by offering technology, space, and assistance; for example, for those wanting to take an online driver refresher course. We offered technology assistance classes with instructions focused on supporting our participants with practical knowledge: ordering groceries online; how to use Zoom and Facebook. These challenges demonstrated the ability of our participants and staff to adapt to changes and learn how to use technology, with the goal of keeping our older adults supported and connected during the pandemic. 45 different activities offered 6,440 visits 693 participants We are so very fortunate to have you in our midst. Something for everyone. The doors are open to everyone.:.} Volunteer Center • • • • • • • • • • • • • • • • • • • • • In 2021, Community Thread engaged volunteers in a variety of innovative ways to meet the increased need for connection and support during the pandemic. Throughout the year, volunteers wrote friendly letters to people in assisted living facilities, picked up and delivered food and medication, and called to check in on older adults in the community. We also deepended our collective impact as we responded to new and emerging needs. For example, Stuff the Bus served 50% more students with school supplies to help them succeed in their hybrid and distanced learning environments. Holiday Hope celebrated its 50th year by expanding to serve three new communities, doubling the number of people served. VV SPRINGS AKE do--0 =; rv�Cc community thread community thread 286 hours of service 45 yards raked community thread 145 hours of service This past year was devastating for me. I lost everything and found myself in unfamiliar territory. This program gave me hope that I will 't get through this difficult time.(_ - Holiday Hope Recipient � ��cN a� community thread 2,710 individuals served community thread 2300 Orleans Street West Stillwater, MN 55082 OU K M IL A community where all people are engaged, enriched, and connected. OUR MISSION To maximize resources and engage volunteers to improve the quality of life for adults and their families in our local community. Thank you for your support in 2021! community thread connecting people. enriching lives. 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 REVISED AGENDA CITY COUNCIL MEETING July 26, 2022 SPECIAL MEETING 3:45 PM I. CLOSED SESSION 1. Closed session pursuant to Minn. Stat. 13D.03, subd. 1(b), to consider strategy for labor negotiations, which may include negotiation strategies or developments or discussion and review of labor negotiation proposals REGULAR MEETING 4:30 P.M. II. CALL TO ORDER III. ROLL CALL IV. OTHER BUSINESS 2. Water Service Repair Request 3. Locomotive Steam Engine 328 Discussion 4. CBD and Cannabis Ordinance 5. Dumpster Placement in Nelson Street Right of Way at 401 Main St S 6. Skateboard Park Location Discussion 7. Street Vacation of Harriet St S between 629 and 705 Anderson St W V. STAFF REPORTS 8. Public Works Director 9. Police Chief 10. Fire Chief 11. Finance Director 12. Community Development Director 13. City Clerk 14. City Attorney 15. City Administrator 16. IT Manager 17. Library Director VI. RECESS RECESSED MEETING 7:00 P.M. VII. CALL TO ORDER VIII. ROLL CALL IX. PLEDGE OF ALLEGIANCE X. RECOGNITIONS OR PRESENTATIONS 18. Community Thread Budget Request – Sally Anderson, Executive Director 19. Youth Service Bureau Budget Request – Michael Huntley, Executive Director XI. OPEN FORUM – open forum allows the public to address Council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. Page 2 of 2 City Council Meeting Agenda July 26, 2022 XII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 20. Payment of Bills 21. Lowell Inn/Parking Ramp Request for a Retaining Wall Project, Public Works Capital Outlay 22. Otis Elevator Contract Addendum 23. Retaining Wall Replacement in Downtown Parking Lots Contract Agreement 24. Short Term Home Rental License for 904 Harriet St S. 25. Summer Tuesday’s Event Dates Extended – Resolution 26. Tennis Court Replacement for Settler’s Park XIII. PUBLIC HEARINGS – None XIV. UNFINISHED BUSINESS 27. Case 2022-41 to consider a Preliminary Plat application to consolidate six existing lots into three proposed new lots and a Conditional Use Permit for a drive-through coffee business. Property is located at 2001 Washington Avenue. Tabled from July 5, 2022 City Council meeting – Resolution XV. NEW BUSINESS 28. 72nd Street Improvement Project Award Contract for Engineering Services – Resolution 29. Mid Oaks Lift Station Project Accept Bids and Award Contract – Resolution 30. Minnesota Jurisdictional Roadway Change Agreement – Resolution 31. Speed Study – Resolution 32. Chestnut Street Plaza TKDA Amendment #3 33. Zephyr Theatre Event Permit for Relay for Life XVI. COUNCIL REQUEST ITEMS XVII. ADJOURNMENT Page 1 CITY OF STILLWATER LIST OF BILLS 292 Design Group St Croix Valley Study 6,400.00 4Imprint Night to Unite 7,175.32 A&K Construction Equipment repair charges 2,634.00 Abdullah Reabar Reimburse for license renewal 178.22 Advance Auto Parts Equipment repair supplies 175.30 AMI Consulting Engineers PA Riverbank Stabilization 7,875.00 Aspen Equipment Company Equipment repair supplies 4,836.00 BCA Training Training 275.00 Central Wood Products Wood chips for mulch 1,520.00 Century Power Equipment Equipment repair supplies 85.97 Cintas Corporation Uniforms & towels 377.26 CivicPlus Municode pages 1,247.80 Clark Robert UB Refund 237.00 Coca-Cola Distribution Beverages for concessions 519.30 Core & Main Repair supplies 2,299.46 Corval Constructors Equipment repair supplies 625.85 Coulee Bank Crosby Hotel 80,468.86 Cub Foods Gatorade 38.59 Darley Fire Equipment Blankets 4,299.76 Door Service Company Water treatment plant doors 12,056.00 ECM Publishers Public accuracy test 236.50 Eichten's Service & Repair Mini splits 20,965.00 Elevage Hotel Group LLC Tax Increment 55,589.64 Emergency Automotive Equipment repair 9,579.52 Emergency Medical Products First Aid kits 931.60 Flaherty & Hood P.A Job evaluation 350.00 FleetPride Equipment repair supplies 147.66 Fleischhaker Dave Reimburse for work boots 200.00 Force America Equipment repair supplies 221.29 Goodyear Tire Tires 1,251.36 Group Medicareblue RX Retiree Prescriptions Ins 10,017.00 Guardian Supply Body armor & uniforms 5,790.00 Hagen Mike Reimburse for work boots 149.60 Hardwood Creek Lumber Inc. 2022 Street Project 499.20 Hawkins Inc Chlorine 140.00 Holiday Circle K Fuel 35.53 Huebsch Service Mat cleaning service 708.81 IDC Automatic Equipment repair charges 251.00 Instrumental Research Water Testing 250.88 Johnson Dan Park Fee Refund 100.00 Johnson Lauren Refund of parking overpayment 60.00 Junker Brad Reimburse for expenses 776.52 Kath Oil Oil & Antifreeze 3,181.00 Kwik Trip Inc Fuel 20.21 League of MN Cities Respect@Work 15.00 Page 2 Loffler Companies Cyber security 1,441.25 Madden Galanter Hansen LLP Labor Relations Services 437.00 Mansfield Oil Company Fuel 6,354.81 McClung Dillon P Reimburse for boots 160.00 Menards Supplies 61.73 Miller Excavating Asphalt 16.50 MK Mechanical Inc 2nd Qtr Maint & City Hall Heating Pump 13,402.50 Motorola Solutions Inc. Squad radio 2022 Chevy Traverse 5,262.75 MTI Distributing Equipment repair supplies 2,295.85 NAPA Auto Parts Equipment repair supplies 126.89 Office Depot Office supplies 122.52 Per Mar Security Services Quarterly Monitoring Service 200.00 Performance Plus LLC Drug screen 180.00 Pollard Water Curb key 120.31 Qualification Targets Targets 289.50 Quill Corporation Office supplies 102.96 Ries Farms Dirt disposal 112.64 Robole Donna Reimburse for MPELRA membership 89.58 Rose Richard Park Fee Refund 50.00 Safe-Fast Rain Gear 147.18 Sign Solutions Sign supplies 3,422.41 Simplifile LC Filing fee 50.25 SiteOne Landscape Supply Irrigation parts 154.22 St. Croix Preservation Co Inc. Water Street Inn 39,524.38 Stillwater Collision and Mechanical Vehicle repair 5,008.73 Stillwater Motor Company Vehicle service 141.50 Stillwater Skin UB Refund 237.00 T.A. Schifsky and Sons Asphalt 536.75 Titan Machinery Shakopee Equipment repair supplies 437.93 TKDA Chestnut St Civic Plaza 571.77 Tri-State Bobcat Equipment repair supplies 128.58 Uline Inc Speed bumps 2,145.50 Washington Conservation Distr Shared Educator 716.31 Washington County Recorder Recording fee 46.00 Water Conservation Services Inc Water Leak Detection 493.75 Weber Luiza Park Fee Refund 50.00 Whole Heart Healing UB Refund 237.00 JUNE MANUAL Lone Oak Companies Inc UB Postage 2,781.51 Page 3 JUNE CREDIT CARDS Amazon.com Hearing protection 1,400.46 American Heart Assoc CPR/AED update digital training program 321.53 AnyPromo.com Give away items 284.11 Breezy Point Resort 2nd part lodging payment for conference.106.30 Cabelas.com Goose deterrent 80.52 Candyland Programs 30.00 Dorothy Ann Bakery 150th ribbon cutting ceremony 332.99 Dream Host Website Hosting 21.45 Forge and Foundry Distillery Company Programs 30.00 Freds Tire Company Tire repair 42.98 GoDaddy.com Planning web hosting fee 143.88 Greater Stillwater Chamber of Commerce Leadership in the Valley 25.00 Half Price Books Materials - Adult Fiction 24.89 Herman Electric Bikes Programs 48.32 Lift Bridge Brewing Co Programs 30.00 Lowes Home Centers Inc. Supplies 23.94 MN Crime Prevention Assn Membership 60.00 Pioneer Press St. Paul May subscription 18.00 Pizza Man of Stillwater Lunch for catalytic converter marking event 75.00 River Market Co-Op Programs 30.00 Rose Floral Programs 30.00 Sara's Tipsy Pies Programs 30.00 Sudz Car Wash Detailing inspection vehicles 200.00 Valley Bookseller Programs - JUV SPLF 60.00 Wells Fargo Bank MN NA Over limit fee 39.00 West Marine Products Oil for fireboat 48.30 You Customize It Registry book - 150th Anniversary 38.60 ADDENDUM Adams Pest Control Pest Control 85.00 Animal Humane Society Pound Charges 720.00 ASCAP Music License 13.42 Bryan Rock Rip rap 324.61 Cintas Towels 41.10 Emergency Rooter Toilet service 159.00 Fastenal Supplies 66.11 Fury Motors Vehicle repair 466.88 League of MN Cities Respect at Work 15.00 Lindstrom Solar Solar Energy 8,534.28 Marshall Electric Electrical repairs 1,993.00 Menards Supplies 701.39 Minnesota UI Fund Unemployment 1,972.21 Pearson Bros.Seal coat project 53,749.10 Page 4 Performance Plus Drug Screen 45.00 Positive Promotions Fire chief pens 1,053.50 Safe Fast Supplies 126.08 Safe Step LLC Sidewalk Project 17,648.83 St. Croix Recreation Fun Playgrounds Benches 9,946.16 Stillwater Motors Tires 523.40 Total Parking Solutions Receipt paper 215.00 Tri-State Bobcat Equipment repair supplies 100.87 Tru Green Lawn service 252.00 Uline Nitrile gloves 426.68 Warning Lites Road paint 5,466.70 Young Dan Reimbursement 141.19 LIBRARY Amazon Business Programs 147.53 Blackstone Publishing Materials 467.76 Bloomquist Catherine Programs 60.10 Brodart Co Materials 8,657.31 Huebsch Service Towels & Rugs 195.11 Info USA Marketing Inc. Materials 390.00 Jenny Hanlon Consulting Programs 250.00 Menards Janitorial Supplies 80.51 Miss Nina LLC Programs 400.00 Office of MN IT Services Phone - June 148.35 Pro Lighting Lighting 169.58 Serendipity Art & Design Programs 250.00 Washington County Library Materials 4,685.62 Weiher Mary 4th St Lawn Plants 108.36 TOTAL 456,821.58 Adopted by the Stillwater City Council this 26th day of July, 2022 Mayor Ted Kozlowski DATE: March 31, 2022 TO: Honorable Mayor and City Councilmembers FROM: Nick Chaves, Public Works Street Superintendent SUBJECT: Retaining Wall Replacement in Downtown Parking Lots Please find the revised quote from T.A. Schifsky for the retaining wall replacement project in the downtown parking lots. The original quote was misadvertently attached to the memo. This correct quote accommodates the Heritage Preservation Commission’s request to use different materials. RECIPIENT: City Of Stillwater 216 north fourth street stillwater, MN 55082 SERVICE ADDRESS: 216 north fourth street stillwater, MN 55082 Estimate #532 Sent on Jul 13, 2022 Total $108,750.00 PRODUCT / SERVICE DESCRIPTION QTY.UNIT PRICE TOTAL Excavate & Prep Excavate old materials from site and prep for new install of material. All old material to be disposed of off site unless specified otherwise. 1740 $3.50 $6,090.00* Retaining Walls Shorties Parking Lot Natural Stone Outcrop Retaining Wall System: Wall Material: Rivard limestone outcrop boulder 1- 3 courses tall set with excavator *Quantities assuming walls average 3' in height *3 year craftsmanship warranty 345 $59.00 $20,355.00* Retaining Walls Teddy Bear Park Parking Lot Natural Stone Outcrop Retaining Wall System: Wall Material: Rivard limestone outcrop boulder 1- 3 courses tall set with excavator *Quantities assuming walls average 3' in height *3 year craftsmanship warranty 1395 $59.00 $82,305.00* Notes -Traffic control provided by city -Price does not include engineering or exceeding 4' in height of wall -Permits if needed will be no cost to Schifsky Companies * Non-taxable *This quote is valid for the next 30 days, after which values may be subject to change. *Additional work not listed in this quote will be charged in addition to this price and require a contract change order approved by the client before work is to continue. *Invoice to be paid in full within 30 days after Request for payment otherwise a lien in favor of Schifsky Companies will be created and late fees up to 1.5% per month will be added to any outstanding balance until payed in full. Total $108,750.00 1 of 2 pages PO Box 424 Lake Elmo, Minnesota 55042 (651) 439-0603 info@schifskycompanies.com | www.schifskycompanies.com Notes Continued... Signature: _____________________ Date: _____________ 2 of 2 pages PO Box 424 Lake Elmo, Minnesota 55042 (651) 439-0603 info@schifskycompanies.com | www.schifskycompanies.com DATE: March 31, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sander, Director of Public Works SUBJECT: Change of Roadway Jurisdiction The Change of Roadway Jurisdiction agreement included in the Friday packet did not include the maps. Please find attached the maps to be included with the MNDOT Agreement No 1051063. SEGMENT 1 •--------169 I ---------~J -ALDER STREET E -----..---"---i----4 f U) I.{) - \ \ \ ' T ' I I ' I I r'") ~ I I I I I I I I I I I I I I I ' I DATE: July 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director Shawn Sanders, Public Works Director SUBJECT: Chestnut Street Plaza – TKDA Contract Amendment #3 Request BACKGROUND Over the past several days, the Community Development Director and Public Works Director have been working with TKDA to refine a request from TKDA for Contract Amendment #3 for Chestnut Street Plaza. A key reason for the increase in costs are due to the need to extend the construction period over two (2) construction seasons. Ultimately, the design and approval process took the project into a less -than-ideal bidding timeframe, coupled with scheduling and supply chain issues. Staff is in active discussions with MnDOT about cost share for these increased costs. MnDOT has been very proactive in past amendments and cost increases in this regard, due to increased costs, design requirements and environmental conditions/contaminated soils. Contract Amendment #2 was approved on February 15, 2022. At that time, it was noted that there would be some additional costs that would be approved at time of final project approval. At that time, the additional costs were estimated to be approximately $35,000 (construction within a single construction season). Figure 1: Excerpt from Amendment #2 as presented to City Council Vibration Monitoring Additionally, it was briefly noted that the City may want to consider vibration monitoring due to the age of the adjoining structures. At that time, Staff was unclear if this was a necessary component of environmental review. However, the same vibration mo nitoring has proven to be extremely beneficial. Additionally since that time, it has been discovered that the bricks on the Water Street Inn are at a critical need for repair, with smaller bricks already failing and falling to the ground. Water Street Inn now has an active Building Permit for brick and masonry repair. That repair will be occurring concurrently with the construction of Chestnut Street. In order to protect the City from even the potential of liability, Staff feels strongly at this time that vibration monitoring is a necessary component of the project. The estimated cost for vibration monitoring is $27,134. Staff had hoped that the price would be lower; however, spanning construction over two (2) construction seasons did result in a slightly higher cost. Material and Compaction Field Testing; Contamination Monitoring Also largely due to timing and a longer construction schedule, the original estimated cost for environmental testing has increased by $2 1,071 for. Additionally, the costs to monitor remediation of contaminated soils has increased by $15,300. Staff does not have the necessary expertise, training and certifications to complete this task and is a necessary component of the project. TKDA Construction Administration The biggest portion of the contract amendment is additional costs for Construction Administration. TKDA has proposed the current amendment request as a worse -case scenario. TKDA has proposed a contract amendment in the amount of $140,542. This is much higher than Staff expected. The Community Development Director and Public Works Director have discussed options for City Staff to take over certain construction administration and inspection responsibilities. However, Staff is concerned about internal capacity in terms of available hours to dedicate towards this project in addition to other core responsibilities. If the City Council desires Staff to explore this option further, Staff could bring back the TKDA portion of the contract amendment to the August Meeting. The critical action to approve this evening is the vibration monitoring in order to assess existing conditions prior to construction. RECOMMENDATION At minimum, Staff recommends that the City Council authorize the contract amendment for Braun Intertec for vibration monitoring and other environmental inspections ($63,505). ACTION REQUESTED Motion to approve Contract Amendment #3 (could be amended to limit scope). July 22, 2022 Via Email: tgladhill@ci.stillwater.mn.us Mr. Tim Gladhill Community Development Director City of Stillwater 216 4th Street North Stillwater, MN 55082 Re: Request for Amendment No.03, Additional Construction Administration Services Chestnut Street Plaza TKDA Project No.17906.000 Dear Mr. Gladhill: TKDA proposes to amend our contract with the City of Stillwater to include additional Construction Administration Services in connection with the Chestnut Street Plaza Project. Our services will be provided in the manner described in this amendment request and is subject to the terms and conditions set forth in our original Agreement with the City of Stillwater Contract dated March 17, 2020, Amendment 01 dated November 9, 2021, and Amendment 02 dated March 1, 2022 for the Project, as hereinafter stated: The construction administration scope of the project has expanded to include additional construction observation and oversight due to an increase of construction timeline. In our original estimate we had assumed 8 weeks of construction in the summer of 2021. Construction is starting a year later than anticipated and is estimated to take 12 weeks in 2022 and 12 weeks in 2023. Additional scope of work includes signal installation, electrical conduit and hand-holes, vibration monitoring, contaminated soil monitoring, and construction materials testing (field testing) services. Based on communications and previous meetings with City of Stillwater staff, additional and amended services are as follows: 1. Modify Exhibit A, Detailed Work Plan, Construction Administration (CA): A. CONSTRUCTION ADMINISTRATION (CA) 1. Rate adjustment for delay of construction from 2021 to 2022. 2. Additional 16 weeks project management. Project management includes coordination with city of Stillwater, project administration, and coordination on subconsultant services. 3. Additional 16 weeks construction observation. Assumed at 50 hours/week. Includes travel expenses. 4. Additional 12 weekly construction meetings. 5. Additional 4 monthly pay request reviews. 6. Additional RFI/Submittal review for electrical, signal work. 7. Additional construction staking/survey 8. Additional contaminated soils monitoring and coordination (Braun Intertec) 9. Vibration Monitoring and coordination (Braun Intertec) 10. In-field Construction Materials Testing (Braun Intertec) 2. Compensation for this Amendment shall be as follows: Original Agreement $261,125.00 Amendment 1 $79,866.50 Amendment 2 $55,720.00 Amendment 3 TKDA Labor + Expenses $140,542.00 Braun Intertec Services $63,505.00 Mr. Tim Gladhill City of Stillwater Amendment No. 3 for Additional Construction Administration Services Chestnut Street Plaza July 22, 2022 Page 2 Amendment 3 Total $204,047.00 Amended Project Total $600,758.50 Fee spreadsheet is attached. We thank you for the opportunity to submit this Amendment request. This proposed amendment will be open for acceptance for 30 days, unless the provisions herein are changed by us in writing prior to that time. Should you accept this request, please issue the appropriate amendment for our review and signature. Please contact Kathleen Anglo at 612.845.5991 or kathleen.anglo@tkda.com if you have any questions or concerns. Sincerely, Kathleen W. Anglo DJ Heinle, AIA Project Manager Vice President, Architecture KWA:DJH:amc:sfs Client: City of Stillwater Date: 07/18/2022 Project:Chestnut Street Civic Plaza - Amendment 03 Additional Construction Administration Services Phase Task Sr Reg LA Reg LA Sr Reg Eng (4)Reg Eng (3)Grad Eng (1)Eng Spec (1)Eng Spec (3)Sr Reg Eng (3)Grad Eng (3) Sr Reg Eng (2)Reg Eng (2)Sr Reg Eng (1)Elec Eng EE Tech Admin 6 Original Contract Services - Construction Administration (2022) Conduct pre-construction meeting 2 2 2 6 8 8 7 2 12 21 6 4 10 20 Construction Inspection 8 40 10 400 458 Construction Staking 60 60 Administer contractor pay requests (MnDOT)4 4 Punch list review 4 3 7 As built drawings 2 2 10 2 16 6 6 12 47 - 42 18 412 - 60 - - - - - - 11 22 612 170.00$ 79.00$ 188.00$ 124.00$ 84.00$ -$ 119.00$ 178.00$ 89.00$ 172.00$ -$ 152.00$ 190.00$ 174.00$ 83.00$ 7,990 - 7,896 2,232 34,608 7,140 - - - - - - 1,914 1,826 63,606 194.00$ 115.00$ 200.00$ 140.00$ 95.00$ 70.00$ 128.00$ 191.00$ 111.00$ 186.00$ 128.00$ 170.00$ 203.00$ 186.00$ 92.00$ 9,118 - 8,400 2,520 39,140 - 7,680 - - - - - - 2,046 2,024 70,928 RATE CHANGE DUE TO CONSTRUCTION IN 2022 7,322 6 Additional Services - Construction Administration (2022) Project Management 4 6 12 22 3,083.47$ Additional 4 Weekly construction meetings 4 4 799.01$ Additional pay request reviews (assumed 1)2 2 190.85$ Construction coordination: contaminated soils 4 8 12 1,562.40$ Utility coordination 8 20 40 68 8,214.98$ Additional 4 weeks construction observation (@50 hrs/week)8 20 200 4 4 236 24,670.24$ Construction staking 60 60 4,200.00$ Construction coordination: vibration monitoring 2 4 6 1,187.93$ 0 -$ 6 - 34 40 250 60 - - 4 - - - - 4 12 410 43,908.87 194.46$ 114.80$ 199.75$ 140.00$ 95.42$ 70.00$ 128.16$ 190.82$ 110.63$ 186.20$ 128.44$ 169.76$ 203.08$ 186.23$ 92.26$ 1,166.76$ -$ 6,791.57$ 5,600.00$ 23,856.00$ 4,200.00$ -$ -$ 442.51$ -$ -$ -$ -$ 744.91$ 1,107.12$ 6 Project Management (12 weeks)20 20 24 64 10,451.93$ Additional Weekly construction meetings (12)6 12 12 30 4,873.68$ Additional pay request reviews (3 assumed)3 6 9 1,212.81$ Additional construction observation (12 weeks @ 50 hours/week)600 8 608 60,174.30$ Construction staking 40 40 80 8,203.66$ 0 -$ 26 - 35 - 618 40 40 - 8 - - - - - 24 791 84,916.38 201.27$ 118.82$ 206.74$ 144.90$ 98.76$ 72.45$ 132.64$ 197.50$ 114.50$ 192.72$ 132.93$ 175.71$ 210.19$ 192.75$ 95.49$ 5,232.92$ -$ 7,236.02$ -$ 61,036.05$ 2,898.00$ 5,305.66$ -$ 916.00$ -$ -$ -$ -$ -$ 2,291.74$ 1 4,395$ 2 3 4,395$ 1 15,300$ 2 27,134$ 3 21,071$ 63,505$ TOTAL AMENDMENT 03 204,047$ (1)Estimate included in Amend 02, final proposal amount. Estimated TKDA Hours Required Total Hours/ Task/Phase Total TKDA Labor Attend weekly construction meetings (assume 8) Respond to RFIs/submittals (Elec and Signals) Review and respond to submittals and shop drawings Project close-out documentation Subtotal (Original) Billing Rate/Hr x Multiplier (2021 RATES) TOTAL Billing Rate/Hr x Multiplier (2022 RATES) TOTAL Subtotal Billing Rate/Hr x Multiplier TOTAL Additional Services - Construction Administration (2023) Subtotal Hours Billing Rate/Hr x Multiplier TOTAL Additional Expenses: Travel & Subsistence (TS) Reproduction & Reprographics (RR) Miscellaneous (MI) Braun - Material and Compaction Field Testing SUBTOTAL CONSULTANTS SUBTOTAL EXPENSES Subconsultants Braun - Contamination Monitoring (1) Braun - Vibration Monitoring DATE: July 25, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Zephyr Theater Event Permit – Relay for Life On July 26, 2022, the City received word that Zephyr Theater was planning on hosting a Relay for Life Event on August 6. Subsequent to that conversation, Staff directed the Applicant to submit the attached Event Permit Application. In the interest of time (Council doesn’t meet again until after the event), Staff is forwarding the Application at this time, but has not had an opportunity to complete a full review. Any approval would be contingent upon satisfying appropriate City Code and policy requirements (i.e. Public Safety). The City Council’s existing policy allows up to three (3) one time outdoor events per year to be approved by Council without going through the full Zoning process. Zephyr Theater has already been approved for and completed three (3) outdoor events. The City Council recently approved a new Interim Use Permit process as the opportunit y to approve more than three (3) outdoor events per year. Zephyr Theater is scheduled to be heard by the Planning Commission on their Interim Use Permit Request tomorrow (July 27), but it is unknown if the Planning Commission will approve the current request as presented. If the Planning Commission approves the broader IUP for Zephyr Theater, this current request is moot. Staff is seeking Council Direction on this backup plan in the event that the Planning Commission does not approve or tables action on the IUP Request. POTENTIAL ACTION Motion to approve a one time exception to the maximum three (3) outdoor events while the Applicant’s Interim Use Permit request is heard by the Planning Commission and approve the Event Permit for Relay for Life. Office Use Only Event Date/Time: Set up: Date ____________________________ Time __________ to __________ Date ____________________________ Time __________ to __________ Date ____________________________ Time __________ to __________ Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Description of Event (please be specific ‐ this information will be used to promote the event on the City of Stillwater website): Primary Contact/Applicant Name: Phone: Refer media or citizens inquires to: Phone Number: Sponsoring Organization Name: Actual Event: Clean up: (If in Lowell Park please specify north or south Lowell park) Applicant Information (Person/Group Responsible) City, State, Zip Code: Date Application Received ________________ Date of Application: _____________________________ Website Address: Name of contact person during event: Cell Phone: Alternate contact during event: Cell Phone: Type: Event Special Event Event w/ Contract Location (Address) of Event: Estimated Attendance (participants and spectators): Event Information Title/Name of Event (Events after 10:00 p.m. require a variance from City Council) Mailing Address: EVENTS PERMIT APPLICATION 216 4th Street North, Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-275-4112 Email: pubwrks@ci.stillwater.mn.us Cell Phone: Fax: Email Address: Site Plan: No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes Will merchandise/food items be sold? Will sound amplification be used? Insurance certificate from rental vendor is required Event Features How many vendors expected: Fees for electricity may apply see Instructions What type:Fees for electricity may apply see Instructions Hours and Type: Will there be any inflatables? Will a stage or tent(s) be set up? Will there be entertainment? Will any signs/banners be put up Number and size: Will cooking operations be conducted? 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. Contact Washington County Health Department, 651‐430‐6655 Dimensions: Will food be prepared on site? Will there be temporary fencing? Contact Stillwater Fire Department, 351‐4950 No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes Fees may apply see InstructionsNumber needed: Number needed:Fees may apply see Instructions Will event need barricade(s)? Will extra picnic tables be needed? Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Will alcohol be sold? Describe power needs and location of power source. City Sidewalks or Trails 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. Public Parking Lots or Spaces Start/End Time:Date: Start/End Time:Date: Start/End Time:Date: Will there be a fireworks display?Permit required, contact Stillwater Fire Department, 651‐351‐4950 City Streets or Right‐of‐way See Alcohol Regulations in the Instructions Will alcohol be served but not sold?See Alcohol Regulations in the Instructions No Yes No Yes No Yes No Yes Number needed: No Yes No Yes Number needed: Number needed: Fees may apply see Instructions Fees may apply see Instructions Will event need traffic control? Will event need EMS services?Contact Lakeview EMS, 651‐430‐4621 Will extra trash receptacles be needed? If using private secruity, list Security Company and Contact Information: Will event need security?If event is overnight, security will be required. Describe trash removal and cleanup plan during and after event: Contact Stillwater Police Department for assistance, 651‐351‐4900 Describe crowd control procedure to ensure the safety of participants and spectators: Will "No Parking Signs" be needed?Fees may apply see Instructions Show location(s) on site map Will portable restrooms be needed? Signature of Applicant or Authorized Agent Date 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 release of Liability. List any other pertinent information: Describe the emergency action plan if severe weather should arise: Describe plans to provide first aid, if needed: Siliwater The Bic Ihplace 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 26, 2022 SPECIAL MEETING 3:45 PM I. CLOSED SESSION 1. Closed session pursuant to Minn. Stat. 13D.03, subd. 1(b), to consider strategy for labor negotiations, which may include negotiation strategies or developments or discussion and review of labor negotiation proposals REGULAR MEETING 4:30 P.M. II. CALL TO ORDER III. ROLL CALL IV. OTHER BUSINESS 2. Water Service Repair Request 3. Locomotive Steam Engine 328 Discussion 4. CBD and Cannabis Ordinance 5. Dumpster Placement in Nelson Street Right of Way at 401 Main St S 6. Skateboard Park Location Discussion 7. Street Vacation of Harriet St S between 629 and 705 Anderson St W V. STAFF REPORTS 8. Public Works Director 9. Police Chief 10. Fire Chief 11. Finance Director 12. Community Development Director 13. City Clerk 14. City Attorney 15. City Administrator 16. IT Manager 17. Library Director VI. RECESS RECESSED MEETING 7:00 P.M. VII. CALL TO ORDER VIII. ROLL CALL IX. PLEDGE OF ALLEGIANCE X. RECOGNITIONS OR PRESENTATIONS 18. Community Thread Budget Request — Sally Anderson, Executive Director 19. Youth Service Bureau Budget Request — Michael Huntley, Executive Director XI. OPEN FORUM — open forum allows the public to address Council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XII. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 20. Payment of Bills 21. Lowell Ramp Request for a retaining wall project, Public Works Capital Outlay 22. Otis Elevator Contract Addendum 23. Retaining Wall Replacement in Downtown Parking Lots Contract Agreement 24. Short Term Home Rental License for 904 Harriet St S. 25. Summer Tuesday's Event Dates Extended — Resolution 26. Tennis Court Replacement for Settler's Park XIII. PUBLIC HEARINGS — None XIV. UNFINISHED BUSINESS 27. Case 2022-41 to consider a Preliminary Plat application to consolidate six existing lots into three proposed new lots and a Conditional Use Permit for a drive -through coffee business. Property is located at 2001 Washington Avenue. Tabled from July 5, 2022 City Council meeting — Resolution XV. NEW BUSINESS 28. 72nd Street Improvement Project Award Contract for Engineering Services — Resolution 29. Mid Oaks Lift Station Project Accept Bids and Award Contract — Resolution 30. Minnesota Jurisdictional Roadway Change Agreement — Resolution 31. Speed Study XVI. COUNCIL REQUEST ITEMS XVII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda July 26, 2022 ti 1 1war THE BIRTHPLACE OF MINNESOTA DATE: July 21, 2022 TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works RE: Water Service Repair Request 1016 N. Third Street DISCUSSION Roger Ryan, will be attending the Council meeting requesting City assistance on insulating the water service to the property at 1016 N. Third Street. Mr. Ryan is interested in correcting the freezing risk to water service by insulating the service from the main to the house. The estimated cost for this work is in excess of $15,000. BACKGROUND The service line at this property has in the past froze in the wintertime, mainly due to shallow depth of the service in the street. This was due in part to the location of a telephone conduit that is adjacent to the watermain where the service had to go up and around the conduit, rather than be placed the same depth as the watermain. During the winter months, the property is allowed to have a continuous flow of water, to avoid freezing pipes. With the continuous flow of water and the property having a lift system for the sanitary sewer, there is a concern in winter of flooding in case the electricity goes out while the owner is away for the winter months. The request for assistance was reviewed by the utility commission and denied in part that service repair and maintenance is 100% the property owner responsibility. RECOMMENDATION Staff recommends review and listen to Mr. Ryan request and provide direction, if any to staff. Ater. .VI LIu!HPt {10. 111001501A UTILITIES COMMISSION MEETING March 10, 2022 8:00 A.M. Utilities Superintendent Benson called the meeting to order at 8:00 a.m. Present: Chairman Speedling, Commissioners Hutter and Whitcomb Absent: Commissioners Hudak and Jensen, Councilmember Polehna Staff: Utilities Superintendent Benson, Public Works Director Sanders APPROVAL OF MINUTES Possible approval of minutes of November 4, 2021 meeting Motion by Chairman Speedling, seconded by Commissioner Whitcomb, to approve the November 4, 2021 meeting minutes. All in favor. OPEN FORUM There were no public comments. NEW BUSINESS Discussion on water service from Roger Ryan Roger Ryan, 1016 N 3rd St, presented two quotes from $15,000 to $17,800 for insulation of his water service. He explained where the freezing is occurring due to the design of the system. When the waterline was constructed to his property they went out the north side of the line, up and over a telephone conduit, and then down to his property. Commissioner Whitcomb asked if repair work between the main and the house is usually at property owner expense. Superintendent Benson answered yes. In other areas where water typically freezes in pipes, residents are asked to leave the water running because the expense of running the water is less than the cost of repair of the line. This situation is unique due to the design of the waterline. It is the only property that has the service going up and around. Public Works Director Sanders confirmed that water service repairs on street projects are typically assessed 100% to the property owner. Commissioner Whitcomb commented the City Council may deny the request regardless of the Utilities Commission's recommendation. He could not recommend approval because it sets precedent. Commissioner Hutter agreed. Mr. Sanders stated Mr. Ryan could bring the request to a City Council meeting during the open forum. Discussion on funding for Utility Improvements on Street Projects Public Works Director Sanders stated that staff is considering the replacement of the watermain on Brick Street between Olive and Myrtle Streets as part of the 2022 Street Improvement Project. The main was constructed in 1961 and has had eight breaks since 1980. Brick Street will be reconstructed and now would be a good time to replace the watermain. The estimate to replace the main is $40,000. Staff is requesting to fund the replacement with water revenue funds. illwat!r THE BIRTHPLACE OF MINNESOTA DATE: July 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Steam Engine 328 Discussion BACKGROUND The City of Stillwater owns a Steam Engine. Specifically, it is the Northern Pacific Locomotive No. 328, which is being housed at the Minnesota Transportation Museum in St. Paul pursuant to a lease agreement with the City. The Museum recently approached City Staff asking the City to donate the Steam Engine to them. Before the Council can make an informed decision, a little history is required. Engine 328 was built in 1905 and was originally one of twenty "10-wheeler" locomotives made at the American Locomotive Company's Rogers plant in Paterson, New Jersey. Ten of the 20 locomotives were bought by Northern Pacific, who numbered the engines 320-329. In 1908, Engine 328 was assigned to the Minnesota Division, which had routes from White Bear to Duluth, from Staples to Ashland, Wisconsin and most notably, along the St. Croix River to Taylors Falls. In June of 1950, after nearly 45 years of service, due to declining traffic, Northern Pacific determined that Engine 328 was no longer needed and retired it from service. Northern Pacific officials had already authorized the dismantling of Engine 328, but prior to being disassembled, a group of local railfans convinced Northern Pacific to preserve her. Northern Pacific agreed to donate Engine 328 to the City of Stillwater, where it proudly sat on display in Lowell Park for many years. After years of sitting in Lowell Park, being subjected to frequent flooding and in need of restoration, in 1975, members of the Museum asked the Stillwater City Council if it would be willing to donate Engine 328 to the Museum, and in exchange, they would restore it, operate it and display it. Instead of donating or otherwise selling Engine 328, the City entered into a 30-year lease with the Museum that gave them the authority to restore it, operate it and display it at their Museum, but they had to allow the City to use it for Lumberjack Days and other local celebrations. The Museum was responsible for transportation to and from Stillwater for those local celebrations. The lease stated that at the end of the lease (which was set to expire in 2006), or if Engine 328 was not operational for a 2-year period, Engine 328 was to be returned to the City. It took 5 years for the Museum to restore Engine 328 to an operable condition. The Museum put it back into operation from 1987 to 1999 on the St. Croix Valley Railway, touring Osceola, Marine on the St. Croix, Taylors Falls and Dresser, Wisconsin. The Museum also honored its requirement to return it for local Stillwater celebrations. In 1997, the Museum contacted the City again, with a renewed request for the City to donate Engine 328 to the Museum. The Museum recognized that to honor its commitment under the lease to keep Engine 328 operational, further investment was needed, and they did not want to commit funds and volunteers when the lease was set to expire in 9 years. However, instead of donating Engine 328, the Council determined that retaining ownership was important, so they amended the lease and extended it for another 30 years. The terms were similar, with the Museum agreeing to bring Engine 328 to the City for local events. It again contained a clause that if Engine 328 became inoperable, then the Museum would return control of Engine 328 to the City for public display.1 The current lease does not expire until 2031. On May 31, 2022, the Museum reached out to the City again, renewing its request that Engine 328 be donated to the Museum. Engine 328 is in a position of again needing significant repairs and restoration. The current estimated costs of the restoration are between $100,000 (if volunteers are used) to $500,000. The Museum is reluctant to commit funds and volunteers and time (which can take up to 5 years) for only a few more years of use under the lease. Options: 1. Donate Engine 328 to the Museum. If the City is willing to entertain the suggestion of donating Engine 328 to the Museum, there are certain considerations that are possible, such as the Museum being required restore Engine 328 to an operable condition and bringing the train near the City for local events2. If they cannot raise the funds to make it operable, they could be required to display Engine 328 at the Museum on Jackson Street near the Capitol with a prominently described history of its ownership by the City of Stillwater. 2. Do nothing. The lease does not expire until 2031 so there is no need to do anything right now. 3. Extend the lease for a set number of years. This gives the City the right to retain ownership of Engine 328, while giving the Museum the comfort of knowing their restoration efforts will receive a return on investment. 4. Exercise the clause in the lease that because it is inoperable, the Museum must return control of Engine 328 to the City for public display. If the City demands the return of Engine 328, that begs a series of questions, such as how to transport it, where to display it, how to maintain it and protect it. In other words, what is the City going to do with it? If the City chooses to accept its return but determines it cannot 1 Interestingly, there is a provision that after January 1, 2020, City Staff and the Museum were to develop a plan to return Engine 328 to full operational status so that it could be used for scenic tours. The operation would be run by the Museum with profits being shared by both entities. To date, such discussions have not taken place. 2 They have indicated they might be able to get the Engine as close as Bayport. adequately maintain it, the City could offer it for sale. In the mid-70s, when the City put out inquiries to various historical railways about what to do with Engine 328, there was significant interest in purchasing the historic Engine 328. ACTION REQUESTED Discuss and provide direction to City Staff. Attachments: Original Lease Amended Lease Photos (MN INU LEASE AGREEMENT The Minnesota Transportation Museum, Inc. (MTM), a Minnesota non-profit corporation and an affiliate of the Minnesota Historical Society, proposes to lease, restore and operate former Northern Pacific Railway steam loco- motive and tender No. 328 now owned by the City of Still- water (City) . MTM desires to operate and display said locomotive for historic, educational and other purposes in accordance with the provisions of its Articles of Incorporation. The City desires to have said locomotive restored and operational for use and display by the City at selected times. NOW THEREFORE IN CONSIDERATION of the rents and covenants herein described, the City agrees to lease said locomotive to MTM, and MTM agrees to take said locomotive for a period of thirty (30) years from and after the 20th day of July 1976 until the 20th day of July , 2006, subject to the following conditions and provisions: 1. MTM will restore said locomotive with its own funds on a schedule dictated by the availability of such funds. The restoration will be as historically accurate as possible, sub- ject to requirements of applicable state and federal laws and regulations. 2. Except as herein provided, said locomotive when restored will be available to MTM to operate on its own or other railroad properties in the State of Minnesota and contiguous states and provinces, in accordance with state and federal regulations applicable to railroad operations. For any operations outside the Minneapolis -St. Paul seven county metropolitan area, MTM will notify the City in advance and provide a schedule of any such operations away from the normal MTM operating site. MTM will assume all liabilities connected with MTM operation and agrees to save harmless the City from any and all claims for damages to persons or prop- erty resulting from the use of said locomotive by MTM. In conjunction therewith, MTM agrees to provide a policy of in- surance naming the City as an additional insured with minimum public liability insurance coverage of $100,000 per individual claim, $300,000 per occurrence and $100,000 for property damage liability. All revenues derived from operations of said locomotive by MTM shall be used in conformance with the stated purposes of MTM in its Articles of Incorporation. 3. After restoration is completed, said locomotive will be made available with two passenger carrying railroad cars to the City during three (3) regularly scheduled periods annually. Additional passenger carrying cars may be provided by MTM at no additional charge to the City, subject to the needs of the City and MTM's capability to provide such additional equipment. Scheduled periods for City use of said locomotive and equipment will be agreed upon between the City and MTM during the prior calendar year. Each of these periods will consist of nine days, incorporating two weekends in each period at the following times: The first period will be con- cluded before the Memorial Day weekend; the second period will take place in the latter part of July and/or early August incorporating Lumberjack Days weekend in Stillwater; the third period will commence after the Labor Day weekend. The City will assume all responsibility for contracting with any railroad company for movement of the locomotive and passenger cars to and from the operating location selected by the City. The City will also assume all responsibility for contracting with the railroad or railroads over which the City desires to operate. 4. During periods of City operation, the City agrees to assume all responsibility for providing security for said locomotive and all train equipment, securing all necessary insurance, providing for all materials and services necessary for train operation, and all other liabilities and requirements connected with operation of said locomotive and other train equipment between the time said locomotive and equipment leave the MTM operating site until said locomotive and equipment return to the MTM operating site. MTM will pro- vide technical advice in the operation of said locomotive and train equipment upon request by the City and, subject to availability, will provide additional assistance as re- quested by the City. MTM reserves the right to deliver said locomotive and train equipment to the City at Still- water, and also the right to return said locomotive and train equipment from Stillwater to the MTM operating site after the City's use of said equipment. 5. When the City is operating said locomotive and equipment, the City will determine all fees and admission charges covering operations by the City. MTM shall share 30% of the net operating profits of any operations by the City. The City shall hold MTM harmless from any and all claims for damages to persons or property resulting from the City's operation of said locomotive and passenger carrying equipment, whatever the cause for said claims. In conjunction therewith, the City shall cause MTM to be named as an additional insured under any and all insurance protection plans taken by the City covering operations of said locomotive and passenger carrying equipment by the City. 6. The City shall return said locomotive and all MTM equipment to MTM at or before the expiration of each said nine day period of City operation in the same con- dition in which said equipment was received from MTM, normal wear and tear excepted, and shall repair to the satisfaction of MTM any damage beyond such normal wear and tear at the expense of the City. 7. MTM agrees to return said locomotive to the City at the expiration of the lease period in a condition satisfactory and suitable for static public display, or at such prior time at City's option that said locomotive be- comes non -operational for a period exceeding two years. This lease made this ...?6day of ;1,,J2y..._ , 1976. FOR THE CITY OF STILLWATER: ( David C. Junker, Mayor Dorothy Sc 'inel1, Acting City Clerk FOR THE MINNESOTA TRANSPORTATION MU UM, INC. rank Sandberg, Jr., President (//) /271"1 David Norman, Secretary LEASE AGREEMENT The Minnesota Transportation Museum, Inc. ("MTM"), a Minnesota non-profit corporation, proposes to lease, maintain and operate the former Northern Pacific steam locomotive and tender No. 328 ("Locomotive") now presently leased by MTM and owned by the City of Stillwater (the "City"). MTM desires to operate and display the Locomotive for historic, educational and other purposes in accordance with the provisions of its Articles of Incorporation. The City desires to have the Locomotive maintained, operated and occasionally available for use and display in the City. NOW THEREFORE IN CONSIDERATION of the rents and covenants herein described, the City agrees to amend the existing lease of the Locomotive to MTM, and MTM agrees to take the Locomotive for a period of thirty-two (32) years from and after the approval day of this lease until the same calendar day of the year 2031, subject to the following provisions: 1. MTM will maintain the Locomotive subject to requirements of applicable federal laws and regulations. Such maintenance will be with MTM's own funds. 2. Except as herein provided, the Locomotive will be available to MTM. to operate on its own or other railroad properties, in accordance with applicable federal regulations. MTM will assume all liabilities connected with MTM operation and agrees to hold harmless the City from any and all claims for damages to persons or property resulting from the use of the L e )motive \,'ITM. In c. n uncticn therewith, N'ITN4 agrees policyof insurance _ _ by � .:i �, � to provide a E.Otr y 1.1St_. naming the City as an additional insured with minimum public liability insurance coverage of $1,000,000 combined single limits for damage to property or persons. All revenues derived from operations of the Locomotive by MTM must be used in conformance with the stated purposes in its Articles of Incorporation. 3 A) MTM will make the Locomotive available for operation in the City for one weekend per year. That weekend will be the weekend immediately following the Andersen Window Company Picnic.. B) If MTM does not participate in the Andersen Window Company Picnic with the Locomotive, the weekend designated as Lumber Jack Days in the City will be the one weekend per year that MTM makes the Locomotive available for operation in the City. C) If neither the Andersen Window Company Picnic nor Lumber Jack Days is scheduled or occurs, the designated weekend that MTM makes the Locomotive available for operation in the City must be mutually agreed upon by the City and MTM at a minimum of 365 days prior to the scheduled operation date. D) The Locomotive must be accompanied by two passenger cars. The City and MTM will mutually resolve all arrangements with involved railroads and the City will pay all expenses to move the Locomotive and cars to and from the City. E) MTM will provide necessary personnel and technical advice to the City with regard to trackage and railroad operations issues as the need arises and will, at a reasonable charge provide the staff to operate the train during the visit to the City. All revenue derived from that operation while in Stillwater during the yearly visit, will belong to the City. F) During operations of the Locomotive to, from and in the City, the City will pay all reasonable expenses as determined mutually by MTM and the City. The expenses include, but are not limited to, fuel, water, lubricants, crew expenses, crew transportation and other transportation charges. 4. During operations in the City, or traveling to and from the City, the City will cause MTM to be named as an additional insured under any and all insurance protection plans taken by the City covering operations of the Locomotive and passenger carrying equipment. 5. In the event that MTM desires to operate the Locomotive outside of a 200-mile radius from the City of Saint Paul, Minnesota, MTM must first obtain the approval of the City. 6. In the event the Locomotive is damaged beyond repair, any insurance settlement will be divided between the parties in the following manner: A) The City will receive an amount equal to the scrap metal value of the Locomotive; and B) , MTM will receive the remaining amount of the settlement. 7. If MTM determines that the Locomotive is inoperable or if MTM ceases to exist as an organization, MTM agrees to return control of the Locomotive to the City and in a condition satisfactory for static public display. 8. After January 1, 2020 City staff will develop a plan, in conjunction with MTM, which would outline the factors and timeline necessary to return the Locomotive to the City for operation on a permanent bases. This plan would include, but not be limited to, the identification of necessary infrastructure and facility needs that would be provided by the City and be suitable for the operation of the Locomotive and passenger cars. Such operation, should it occur, would be conducted by MTM in a manner similar to its current locomotive operation in Osceola, 2- Wisconsin, including the receipt of revenues and the outlay of operating expenses and would include an operating schedule of at least six (6) weekends per year dependent upon the Locomotive's operating condition. This plan would only be developed upon the passage, within the prior year, of a Council resolution requesting such action. 9. If any dispute arises between the parties with regard to any provision of this Lease, the parties agree to submit the controversy to the American Arbitration Association for appointment of a single arbitrator who will have authority to issue an award regarding the controversy. THIS LEASE made this 'day of , 1999. CITY OF STILLWATER By: and (Y L Mori Weldon, Its City Clerk MINNESOTA TRAN NI USEUM, NC. 3 Minnesota Trip In July, as part of getting #328 ready for Osceola service, Paul Dalleska installs a safety valve. Eric Hopp photo. Steam Foreman Mike Alfveby during the July 16 steam up at Jackson Street. Eric Hopp photo. Once again #328 traveled to Bayport for the annual Andersen Company picnic. Brad Sawyer took this fine portrait at 2:00 a.m. • • 4• rasaef o/a gtara4 fic2raGon !ti i t,(trr4eurre, itc. BOX 1300 • HOPKINS, MINNESOTA 3S343 WILLIAM F. CAMPION Director 15101 Riverside Ave. N. Marine -on -St. Croix, MN 55047 433-3745 iliwater THE B I R TH P i AC E OF MINNESOTA DATE: July 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: CBD products, medical marijuana and hemp growing ordinance BACKGROUND As we further refine and prepare the proposed zoning and licensing regulations for cannabis uses, I wanted to make sure that the Council is comfortable with the following concepts: Zoning • Defining CBD exclusive retail stores as those that derive more than 50% of their gross revenue sales from CBD products. Then, breaking down CBD stores into 2 types: o Those that sell intoxicating CBD products o Those that sell non -intoxicating CBD products (there probably won't be any) • Defining CBD products into 2 types: intoxicating and non -intoxicating o Intoxicating products means the products that produce intoxicating effects and may include but are not limited to products made with Delta 8, 9 and 10. o Non -intoxicating products means products that do not produce intoxicating effects. • Defining incidental CBD sales as those CBD sales that are not typically part of the primary business or do not make up a majority of sales for the business. (i.e. massage therapy businesses, drug stores, gift shops) • Allowing only intoxicating CBD exclusive stores to sell CBD intoxicating products. No other business can sell CBD-intoxicating products • CBD exclusive stores are only allowed in the Business Park. Non -intoxicating stores would be a permitted use and intoxicating stores would require a CUP. • Distance requirements would be in place from other retail stores and from schools • Security plans would be required for intoxicating CBD stores, no drive-throughs would be allowed and no outdoor storage. • Incidental sales of non -intoxicating CBD products would be allowed in any non-residential zoning district, meaning any business could sell non - intoxicating CBD. We also recommend prohibiting any sales of CBD products that contain more than .3% THC. While this prohibition on intoxicating CBD products is state law today, in the event the legislature legalizes recreational marijuana, the City's specific identification of the prohibition would not allow exclusive intoxicating CBD stores to sell recreational marijuana upon adoption of state law (unless pre-empted). This prohibition would allow the City time to study if and where recreational marijuana should be allowed. The Planning Commission meets on July 27 and will consider the attached Zoning Ordinance. If there are suggestions by the Council from the discussion, the Planning Commission's ordinance will be updated at their meeting and any changes will be summarized for them. Licensing regulations While the licensing regulations will be similar to other licenses of its type (tobacco, liquor), requiring an application, fee, background check, a process for approval, suspension or revocation, it could also include the following for the intoxicating exclusive CBD stores: • Prohibiting anyone under 21 from entering • Requirement to check IDs (including signs that clearly display no one under 21 can purchase) • Prohibiting anyone under 21 to sell the products • Prohibiting firearms on the premises • Restricting hours of operation • Not allow sampling • Not allow on -site entertainment • No Internet sales or delivery service • No transient merchant sales or sales at special events • Prohibit flavors for inhaled cannabis • Prohibit powders, gels or other forms that are mixed with beverages • Must comply with the statutory regulations regarding packaging • Limiting the number of intoxicating CBD stores to 2 licenses RECOMMENDATION Discuss the proposed zoning and licensing regulations and provide direction to City Staff Attachment: Proposed Zoning Ordinance Amendment City of Stillwater Washington County, Minnesota ORDINANCE NO. 1189 AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-101, SECTION 31-325, SECTION 31-315, REGARDING MEDICAL CANNABIS, CANNABIDIOL (CBD) PRODUCTS AND HEMP GROWING AND SECTION 31-514.1 REGARDING PERFORMANCE STANDARDS FOR CANNABIS -RELATED USES The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 31, Article 1, Section 31-101 of the City Code, Definitions, is hereby amended by adding the following definitions: CBD means a compound of the cannabis plant known as cannabidiol. CBD retail establishment - intoxicating means a business that sells any intoxicating CBD products and derives more than 50% of its gross revenue from the sale of any CBD products (intoxicating and non -intoxicating) or related devices. CBD retail establishment — non- intoxicating means a business that sells CBD products but all of them are non -intoxicating CBD products and derives more than 50% of its gross revenue from the sale of any CBD products or related devices. CBD products means and includes industrial hemp products and hemp derived products. CBD incidental sales means any business that sells or provides CBD products as an incidental part of its business but is not a CBD retail establishment (intoxicating or non -intoxicating). Edible cannabinoid (CBD) product means any product that is intended to be eaten or consumed as a beverage, contains a cannabinoid in combination with food ingredients, and is not a drug. Hemp or Industrial Hemp means the definition provided under Minn. Stat. § 18K.02 subd. 3, as may be amended. Hemp manufacturing means the ability to facilitate the manufacturing of industrial hemp. Intoxicating cannabinoid (CBD) products means products made from substances extracted from certified hemp plants that produce intoxicating effects when consumed by any route of administration. These include but are not limited to products made with Delta-8, Delta-9 and Delta-10. Medical cannabis means the definition provided under Minn. Stat. § 152.22, subd. 6, as may be amended. Medical cannabis distribution facility means a facility operated by a medical cannabis manufacturer for purposes of distributing medical cannabis in accordance with Minn. Stat. § 152.29, subd. 1(a), as may be amended, and the requirements of the commissioner of Minnesota department of health or other applicable state law. Medical cannabis laboratory means an independent laboratory permitted to test medical cannabis produced by a medical cannabis manufacturer in accordance with Minn. Stat. § 152.29, subd. 1(b), as may be amended, and the requirements of the commissioner of the Minnesota department of health or other applicable state law. Medical cannabis manufacturer means the definition provided under Minn. Stat. § 152.22, subd. 7, as may be amended. Nonintoxicating cannabinoid (CBD) product means products made from substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. SECTION 2 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-325 of the City Code, Allowable Uses in Non -Residential Districts - Retail, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-0 BP -I CRD PA PWFD PROS HMU NC Retail 1 Medical Cannabis Distribution Facility IUP IUP IUP CBD Retail Establishments non -intoxicating P P P CBD Retail Establishments - intoxicating CUP CUP CUP Laboratories Medical Cannabis Laboratories IUP 2 SECTION 3 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-315 of the City Code, Allowable Uses in Residential Districts, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS A-P LR CTR RA TR CCR RB CR TH CTHR RCL RCM RR HMU16 Growing of Industrial Hemp P SECTION 4 ENACTMENT. Chapter 31, Article V, Division 2, Section 31-514.1 is hereby enacted as follows: Sec. 31-514.1 Cannabis -Related Uses Subd. 1. Medical Cannabis Distribution Facilities shall comply with the following performance standards: (1) The maximum length of an interim use permit shall be three years. Interim use permits granted pursuant to this section are not transferable and terminate upon sale of the facility or discontinuance of use; (2) A security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation as approved by the Police Chief; (3) The distance limitations on locations of facilities in relation to a public or private school provided for under Minn. Stat. § 152.29, as may be amended, are incorporated herein. A facility shall not be closer than 200 feet of a zoning district that allows single family, two-family, townhomes, or multi -family dwellings; (4) All facilities shall be setback from all property lines a minimum of 25 feet; (5) Facilities are prohibited from operating drive-throughs; (6) No exterior storage shall be allowed. Subd. 2. Medical cannabis laboratories shall comply with the following performance standards: (1) The maximum length of an interim use permit shall be three years. Interim use permits granted pursuant to this section are not transferable and terminate upon sale of the facility or discontinuance of use; (2) A security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, 3 fencing, lighting, window and door placement, landscaping, and hours of operation as approved by the Police Chief; (3) A laboratory shall be setback from all property lines a minimum of 25 feet; (4) No exterior storage shall be allowed. Subd. 3. Growing of industrial hemp shall comply with the following performance standards: (1) A minimum of 200 contiguous acres is required for the hemp growing operation; (2) The hemp grower must be licensed by the State pursuant to Minn. Stat. Ch. 18K; (3) The sale of CBD products is not permitted on the same property as the hemp growing operation. Subd. 4. The sale of CBD products shall comply with the following performance standards: (1) Only CBD retail establishments -intoxicating are allowed to sell, display, or provide intoxicating CBD products. (2) All CBD retail establishments —intoxicating shall have a security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation that is approved by the Police Chief; No CBD retail establishment —intoxicating shall have a drive -through, walk-up window service, sidewalk displays, sales or outdoor storage or sandwich board signs; (4) There must be at least 1,000 feet between all CBD retail establishments (intoxicating and non -intoxicating); All CBD retail establishments (intoxicating and non -intoxicating) shall be located at least 500 feet from any school when measured in a straight line from the edge of the building wall or tenant wall space in which the establishment is located to the property line of the school or licensed day care facility; (6) CBD incidental sales of non -intoxicating CBD products are permitted in any non- residential district. (3) (5) Subd 5. The following cannabis uses are prohibited within the City: (1) CBD products that contain more than .3 percent tetrahydrocannabinol (THC). (2) Medical cannabis manufacturing. (3) Hemp manufacturing. 4 SECTION 5 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 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 ordinance regulates CBD products, medical cannabis, and industrial hemp growing operations within the City of Stillwater, prohibiting the sale of CBD products that contain more than .3 percent tetrahydrocannabinol (THC), as well as medical cannabis manufacturing and hemp manufacturing. Medical cannabis distribution sites and labs will be limited to the properties within the Business Park. Industrial hemp growing operations require 200 contiguous acres to operate and cannot sell CBD products on site. The sale of intoxicating CBD products with THC are only allowed in the business park in stores in which more than 50% of their business is CBD products. Non - intoxicating CBD products can be sold as incidental sales in any business district. SECTION 6 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of , 2022. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 5 I11wat!r THE BIRTHPLACE OF MINNESOTA DATE: July 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: 401 Main St S Request for Encroachment Agreement for Dumpster BACKGROUND Staff is forwarding this discussion topic in workshop format prior to official application review in order to provide the Applicants the opportunity to receive high-level (non- binding) feedback before incurring the cost of a land survey required for the official Public Hearing and Agreement process related to a required encroachment agreement (as well as dedicating any Staff time to review). Staff wants to ensure that Staff is meeting Council's expectations on requests such as this. The lot for 401 Main St S only contains enough space for the building itself; there is not `yard' space to be able to place a dumpster for trash removal. The Building Owner is requesting approval to place a dumpster in the Nelson Street ROW. Some aerial photos from previous years do indicate a dumpster placed on Nelson Street, but it appears that there was no previous agreement on record. Staff has been working with the Building Owner for several months on alternatives that do not obstruct Nelson Street. Staff primarily focused on working on an agreement with adjacent Property Owners to share garbage services with an existing dumpster enclosure. However, the Building Owner has noted that they have been unsuccessful in this regard. According to the Building Owner, the Tenants in the building have expressed concern about the logistics of the current situation. Below is a sample of the dumpster proposed by 401 Main St S. Of key policy implications, the City has strived hard to consolidate dumpsters in the Downtown Area into shared enclosures, especially along Water Street, at a financial cost to the City. Finally, it is noted that the City's Downtown Plan (part of the Comprehensive Plan) sets a vision to reconstruct and reconfigure Nelson Street adjacent to 401 Main St S. While this Improvement Project is not in the City's Capital Improvement Plan (CIP), Staff has had ongoing discussions with the Owner for 401 Main St S about redevelopment options (remodel only; not demolition) along Nelson Street, perhaps accelerating the schedule for Nelson Street as a joint project. Figure 6.21: Existing Nelson Street Figure 6.22: Potential Nelson Street Staff is seeking high-level policy direction from the City Council as to whether: 1. The City Council is open to allowing a dumpster in the Nelson Street ROW 2. If yes, should a Dumpster Enclosure be required RECOMMENDATION If the City Council is open to the placement in Nelson Street, Staff would recommend moving the proposed location to the parking stalls in front of the building to avoid conflicts with the private access for the Brick Alley Building. This would also require review by the Downtown Parking Commission. Additionally, consideration should be given to waiving the requirement for a dumpster enclosure due to future plans for reconstructing Nelson Street. ACTION REQUESTED Staff is seeking high-level feedback from the City Council prior to requiring the Applicants to proceed forward with the necessary land use survey. illwat!r THE BIRTHPLACE OF MINNESOTA DATE: July 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Harriet Street Right of Way (Unopened) Vacation Request BACKGROUND Staff is forwarding this discussion topic in workshop format prior to official application review in order to provide the Applicants the opportunity to receive high-level (non- binding) feedback before incurring the cost of a land survey required for the official Public Hearing and Agreement process. The Property Owners 629 and 705 Anderson Street have jointly applied for a Right of Way Vacation of an unopened portion of Harriet Street adjacent to Stillwater Middle School. There is no public road currently constructed in this right of way. The primary improvement appears to be a private driveway for 629 Anderson St. Any utilities existing in the right of way would need to be encumbered by a drainage and utility easement. Originally, the Owner of 629 Anderson St requested a vacation of right-of-way in order to enlarge their rear yard by extending a six (6) foot tall privacy fence. At that time, Staff discussed the potential of an Easement Encroachment Agreement instead of a full vacation. In that instance, the public would retain underlying ownership of the right of way, but the Owner would be allowed to install an improvement, subject to removal if the right of way was ever needed for public improvements such as utilities or roads. This is a fairly common occurrence in Stillwater. Since that time, it was discovered that snow melt created seasonal flooding of the existing garage in the rear yard (see attached photos). With a more permanent improvement (garage in addition to fence), the Owner is requesting that the City Council consider vacating the right-of-way. RECOMMENDATION If the City Council is open to the request to allow a garage to be constructed in the area of the existing right-of-way, Staff would prefer that this be accomplished by Encroachment Agreement (retain ownership) rather than vacation. Two items were identified as potential future concerns if the right of way is vacated. 1. Potential Lot Split of 705 Anderson St 2. Redevelopment Potential of Stillwater Middle School (not planned, contingency planning by City only) If a vacation is approved, the Owner of 705 Anderson acknowledges that this would eliminate any future lot split potential. Staff would recommend that some sort of written, signed acknowledgement be a contingency of approval. Retaining the right-of-way in the event the Stillwater Middle School site ever would redevelop into single-family homes would be good land use planning. However, other connection points do exist. Also, it is unlikely that this redevelopment scenario would occur anytime in the near future, if ever. ACTION REQUESTED Staff is seeking high-level feedback from the City Council prior to requiring the Applicants to proceed forward with the necessary land use survey. This is a request to vacate the land containing unimproved Harriet Street between Anderson Street West and Stillwater Middle School (523 Marsh Street West), to be divided between the owners of 629 Anderson Street West (Anthony Drollinger and Angela Simonson) and 705 Anderson Street West (David Grim). Anderson Street West Anderson Street West twos yaaan eyin IN 723 & 5 711 4 3 15 2 1 8 705 -6- - 6-29- 5 4 7 619 1 60 3 2 101 6 101 1020 Figure 1: Harriet Street South between Anderson Street West and Stillwater Middle School Figure 2: Aerial view The land lies between Anderson Street and Stillwater Middle School and has never been improved. The original span of right of way was reduced to 50 feet across when a 10 foot section was vacated to previous owners of 619 Anderson St (next door to the east) for the purpose of subdividing their property and moving the house and garage to the newly created 629 Anderson. The approved Petition to Vacate from 1981 is attached. The garage was placed behind the house and a driveway was built in the right of way. A long gravel driveway to the garage behind 705 Anderson was also built at some point. The public right of way provides the only access to each property's garage. We request vacation of the land for the following reasons: 1: It is unlikely that the right of way between Stillwater Middle School and Anderson Street will ever be needed for a public street. The land terminates at the school, which is a longstanding community asset. Stillwater will always need a middle school, and this site provides ample space for the city's families. 2: In the unlikely event that the school is demolished and sold to private interests, the unbuilt section of Harriet Street is a poor candidate for a public road. It is already too narrow to have sidewalks on both sides because of the previous vacation to 629 Anderson. There is a significant elevation change in the area, likely requiring a retaining wall on the west side. Figure 3: There is an >8-foot drop from Anderson to the school property The parallel streets on either side (Holcombe Steet and Martha Street) already provide direct access to the school property from the north. 6th Street also provides direct access. The current northern terminus of Harriet Street south of the school is closer to Holcombe than Harriet, making Holcombe the more likely connection point should the street be reconnected. Anderson Street is only three blocks long east to west, from Lakeview Hospital (Everett Street South) to Holcombe. Harriet Street stops at a ravine just a partial block north of Churchill, making the section of continuous buildable right of way less than three blocks long north to south. t ABBOTT ST W CHURCHILL ST W La kari ew Hospital H LJ _AHDER ONTfW— HOLCOMBE ST S rn N [7 N ff F^ N —Ii 1t +�- HARRIET ST S 4 L1 1] j �1 f1 f1 II HANCOCK ST W II I L Figure 4: Harriet Street and Anderson Street are both three blocks long or less. Harriet Street cannot be extended north due to the presence of a ravine. 705 Anderson was previously made up of three PIDs that were allowed to be subdivided, so that a road would be required to service the new property adjacent to Stillwater Middle School. However, those PIDs were combined into one before the current owner bought it. Therefore, that property can not be subdivided and there will never be a need to provide service to beyond the existing houses. 3: The current situation is a burden to the owners of both adjacent properties. The driveway of 629 Anderson is on a significant slope, which makes it difficult to bring garbage and recycling bins up from behind the house and back, especially in winter. Cars get stuck easily. Water and ice pool in the area in front of the garage during the spring thaw and after rains, causing safety hazards. Figure 5: End of the driveway of 629 Anderson. It is dangerous bringing garbage/recycling carts in and out, and getting to and from vehicles, during the freeze/thaw cycle. The owners of 629 Anderson have a wheelchair lift van that does not fit in the garage and must be parked outside. The owners of 629 Anderson are unsure if they can replace the asphalt driveway when it comes to the end of its useful life because it is in the public right of way. If the Harriet Street area were to be vacated, the owners of 629 Anderson would move the garage to higher ground and eliminate the safety hazards of the slope. The owner of 705 Anderson would like to build a driveway to replace the gravel path but is wary of building on the public right of way. 4: The unbuilt section of Harriet Street appears as an official road on government maps and in navigation apps. The owners of 629 and 705 Anderson have witnessed many confused drivers stop in the middle of the intersection, apparently trying to reach the school and confused why they see two driveways instead of a road. The intersection is uncontrolled, making it especially dangerous for cars to be stopped there. If approaching from the north on Harriet, drivers often must reverse to turn onto Anderson or U-turn back on Harriet. Vacating this section would benefit the public by eliminating this confusion and decreasing the likelihood of accidents. Figure 6: View from the intersection on Google Street View. This view incorrectly labels Harriet as Anderson, adding to the confusion. Anderson St W Anderson St W 4 • Go gle Anderson St W Figure 7: The Harriet Street stub on Google Maps with and without aerial photo 5. The vacation is in the best interest of the public. Until recently, the city maintained the right of way by mowing the grass and plowing the two driveways that provide the only access to each property's garage. Public Works recently changed its mind without notice or explanation and stopped plowing and cutting. As the city allowed the garages to be placed in such a way that they can only be accessed by the right of way, we believe the city should either maintain it or vacate. Furthermore, vacating this land that is unsuited for public use would return it to the tax rolls, benefitting the city. STATEMENT OF ACKNOWLEDGEMENT We, the owners of properties adjacent to the unbuilt section of Harriet Street between Anderson Street West and the Stillwater Middle school property at 523 Marsh Street West, have contacted relevant governmental agencies regarding this request. Anthony Drollinger of 629 Anderson spoke with several Washington County staff in fall 2021/winter 2022. Anthony Drollinger & David Grim Legal Descriptions 629 Anderson Street West (PID 3303020210111) HOLCOMBE'S ADD TO STILLWATER Lot 6 Block 16 SubdivisionCd 09895 & ALL THAT PT LT 7 LYING WLY OF SLY PROJ OF ELY LN SD LT 6 ALL BLK 16 TOG WITH THAT PT VAC E 10FT S HARRIET ST ADJ TO WLY LNS SD LTS 6 SUBJ TO EASE 705 Anderson Street West (PID 303020210132) LOTS ONE (1) AND TWO (2) AND EIGHT (8), BLOCK FIFTEEN (15) HOLCOMBE'S ADDITION TO STILLWATER Block 15 Lot 1 SubdivisionCd 09895 SubdivisionName HOLCOMBE'S ADD TO STILLWATER Block 15 Lot 2 SubdivisionCd 09895 SubdivisionName HOLCOMBE'S ADD TO STILLWATER DRAWING OF PROPOSED PROPERTY BOUNDARIES ANDERSON ST W community thread July 20, 2022 Joe Kohlmann, City Administrator City of Stillwater 216 North 4th St. Stillwater, MN 55082 Dear Mr. Kohlmann, We appreciate the past support from the City of Stillwater. The purpose of this letter is to request funding for 2023 that will allow us to continue to provide services that benefit our greater community. Community Thread is proud to be the only community center in the St. Croix Valley offering programs that engage, enrich and connect older adults. Due to the ongoing pandemic, we found 2021 to be a year of transition as we brought back programs starting with those that could be done safely with participants staying masked and 6 feet apart. We adapted other programming by offering technology, space, and assistance; for example, for those wanting to take an online driver refresher course. We offered technology assistance classes with instructions focused on supporting our participants with practical knowledge: ordering groceries online; how to use Zoom and Facebook. These challenges demonstrated the ability of our participants and staff to adapt to changes and learn how to use technology, with the goal of keeping our older adults supported and connected. In 2021, Community Thread met the continuing need for support through the generosity of our volunteers and donors. Our school supply drive, Stuff the Bus, distributed 48% more donated school supplies and benefitted from an 200% increase in volunteers thanks to the generous organizations collecting supplies, new partnerships and supportive community members. Community on Tap was launched as a family -friendly way to volunteer, creating 433 kits that were distributed to 12 different nonprofits. Holiday Hope served everyone who turned to us for support, again showing how Community Thread is able to channel the goodwill of the community to those who benefit the most. Through these programs and services, Community Thread enriches the lives of thousands of residents in the St. Croix Valley each year thanks to the generous support we receive from our community. We appreciate the City of Stillwater's support of our work and are respectfully requesting $16,000 for general operating funding for 2023. Thank you for your consideration. Sincerely, sally A vu to vso-vv Executive Director, Community Thread Page 1 CITY OF STILLWATER LIST OF BILLS 292 Design Group 4lmprint A&K Construction Abdullah Reabar Advance Auto Parts AMI Consulting Engineers PA Aspen Equipment Company BCA Training Central Wood Products Century Power Equipment Cintas Corporation CivicPlus Clark Robert Coca-Cola Distribution Core & Main Corval Constructors Coulee Bank Cub Foods Darley Fire Equipment Door Service Company ECM Publishers Eichten's Service & Repair Elevage Hotel Group LLC Emergency Automotive Emergency Medical Products Flaherty & Hood P.A FleetPride Fleischhaker Dave Force America Goodyear Tire Group Medicareblue RX Guardian Supply Hagen Mike Hardwood Creek Lumber Inc. Hawkins Inc Holiday Circle K Huebsch Service IDC Automatic Instrumental Research Johnson Dan Johnson Lauren Junker Brad Kath Oil Kwik Trip Inc League of MN Cities St Croix Valley Study Night to Unite Equipment repair charges Reimburse for license renewal Equipment repair supplies Riverbank Stabilization Equipment repair supplies Training Wood chips for mulch Equipment repair supplies Uniforms & towels Municode pages UB Refund Beverages for concessions Repair supplies Equipment repair supplies Crosby Hotel Gatorade Blankets Water treatment plant doors Public accuracy test Mini splits Tax Increment Equipment repair First Aid kits Job evaluation Equipment repair supplies Reimburse for work boots Equipment repair supplies Tires Retiree Prescriptions Ins Body armor & uniforms Reimburse for work boots 2022 Street Project Chlorine Fuel Mat cleaning service Equipment repair charges Water Testing Park Fee Refund Refund of parking overpayment Reimburse for expenses Oil & Antifreeze Fuel Respect@Work 6,400.00 7,175.32 2,634.00 178.22 175.30 7,875.00 4,836.00 275.00 1,520.00 85.97 377.26 1,247.80 237.00 519.30 2,299.46 625.85 80,468.86 38.59 4,299.76 12,056.00 236.50 20,965.00 55,589.64 9,579.52 931.60 350.00 147.66 200.00 221.29 1,251.36 10,017.00 5,790.00 149.60 499.20 140.00 35.53 708.81 251.00 250.88 100.00 60.00 776.52 3,181.00 20.21 15.00 Loffler Companies Madden Galanter Hansen LLP Mansfield Oil Company McClung Dillon P Menards Miller Excavating MK Mechanical Inc Motorola Solutions Inc. MTI Distributing NAPA Auto Parts Office Depot Per Mar Security Services Performance Plus LLC Pollard Water Qualification Targets Quill Corporation Ries Farms Robole Donna Rose Richard Safe -Fast Sign Solutions Simplifile LC SiteOne Landscape Supply St. Croix Preservation Co Inc. Stillwater Collision and Mechanical Stillwater Motor Company Stillwater Skin T.A. Schifsky and Sons Titan Machinery Shakopee TKDA Tri-State Bobcat Uline Inc Washington Conservation Distr Washington County Recorder Water Conservation Services Inc Weber Luiza Whole Heart Healing JUNE MANUAL Lone Oak Companies Inc JUNE CREDIT CARDS Amazon.com American Heart Assoc AnyPromo.com Cyber security Labor Relations Services Fuel Reimburse for boots Supplies Asphalt 2nd Qtr Maint & City Hall Heating Pump Squad radio 2022 Chevy Traverse Equipment repair supplies Equipment repair supplies Office supplies Quarterly Monitoring Service Drug screen Curb key Targets Office supplies Dirt disposal Reimburse for MPELRA membership Park Fee Refund Rain Gear Sign supplies Filing fee Irrigation parts Water Street Inn Vehicle repair Vehicle service UB Refund Asphalt Equipment repair supplies Chestnut St Civic Plaza Equipment repair supplies Speed bumps Shared Educator Recording fee Water Leak Detection Park Fee Refund UB Refund UB Postage Hearing protection CPR/AED update digital training program Give away items Page 2 1,441.25 437.00 6,354.81 160.00 61.73 16.50 13,402.50 5,262.75 2,295.85 126.89 122.52 200.00 180.00 120.31 289.50 102.96 112.64 89.58 50.00 147.18 3,422.41 50.25 154.22 39,524.38 5,008.73 141.50 237.00 536.75 437.93 571.77 128.58 2,145.50 716.31 46.00 493.75 50.00 237.00 2,781.51 1,400.46 321.53 284.11 Breezy Point Resort Cabelas.com Candyland Dorothy Ann Bakery Dream Host Forge and Foundry Distillery Company Freds Tire Company GoDaddy.com Greater Stillwater Chamber of Commerce Half Price Books Herman Electric Bikes Lift Bridge Brewing Co Lowes Home Centers Inc. MN Crime Prevention Assn Pioneer Press St. Paul Pizza Man of Stillwater River Market Co -Op Rose Floral Sara's Tipsy Pies Sudz Car Wash Valley Bookseller Wells Fargo Bank MN NA West Marine Products You Customize It 2nd part lodging payment for conference. Goose deterrent Programs 150th ribbon cutting ceremony Website Hosting Programs Tire repair Planning web hosting fee Leadership in the Valley Materials - Adult Fiction Programs Programs Supplies Membership May subscription Lunch for catalytic converter marking event Programs Programs Programs Detailing inspection vehicles Programs - JUV SPLF Over limit fee Oil for fireboat Registry book - 150th Anniversary Page 3 106.30 80.52 30.00 332.99 21.45 30.00 42.98 143.88 25.00 24.89 48.32 30.00 23.94 60.00 18.00 75.00 30.00 30.00 30.00 200.00 60.00 39.00 48.30 38.60 iliwater THE B I R TH P i AC E OF MINNESOTA DATE: July 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Mick Greiner, Facilities Manager SUBJECT: Parking Ramp/Lowell Inn construction BACKGROUND There have been ongoing issues with kids climbing onto the roof of the Lowell Inn via the connecting wall of the Parking Ramp. Staff is looking for approval on the following documents: 1) Agreement to construct a wall on Parking Ramp and Lowell Inn (for City and owner of Lowell Inn) 2) Plans (attached to legal agreement) 3) Agreement for Services with A&K Construction The cost of the project is $17,820. It is acknowledged that Council previously authorized this project — the formal agreements just need approval. Finally, it should be noted that the Contractor has ordered the materials and will complete the project as soon as the materials arrive and finalization of these agreements. ACTION REQUESTED Motion to approve the attached Agreement with the Lowell Inn and Agreement for Services with A&K Construction. CITY OF STILLWATER AGREEMENT TO CONSTRUCT A WALL ON STILLWATER PARKING RAMP AND LOWELL INN THIS AGREEMENT TO CONSTRUCT A WALL ON STILLWATER PARKING RAMP AND LOWELL INN ("Agreement") is entered into and effective this day of , 2022 (the "Agreement Date"), by and between the City of Stillwater, a Minnesota municipal corporation (the "City"), and 102 Second, LLC, a Minnesota limited liability company (the "Owner"). WITNESSETH: WHEREAS, the Owner owns the "Property" as defined in Article II, Section 2.1; and WHEREAS, the Property is improved with an existing "Building" as defined in Article II, Section 2.1, used for commercial purposes, including a hotel and restaurant; and WHEREAS, the City owns a "Parking Ramp" as defined in Article II, Section 2.1, that is adjacent to the Building; and WHEREAS, there have been incidents of vandalism, trespass and damage to the Parking Ramp and the Building that the City and the Owner have an interest in preventing for the health, safety and general welfare of the public; and WHEREAS, the City has engaged a contractor to construct a wall and other improvements ("Improvement Project" as defined in Article II, Section 2.1) on the Parking Ramp and Building that will require alterations to the Parking Ramp and a portion of the Building that abuts the Parking Ramp, where the incidents are occurring; and WHEREAS, the Owner and City mutually desire the City to effectuate the construction of the Improvement Project in an effort to prevent future incidents of vandalism, trespass and damage; and WHEREAS, the City has the statutory authority to construct the Improvement Project for the protection of the public health, safety and general welfare. 1 NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.1. Purpose. The purpose of this Agreement is to memorialize the covenants and agreements between the Owner and the City with regard to the Property, Parking Ramp and the Improvement Project. Section 1.2. Cooperation. The City and the Owner shall cooperate and use their respective best efforts to ensure the most expeditious implementation of the various provisions of this Agreement. Section 1.3. Term. The term of this Agreement shall commence on the Agreement Date and shall terminate when the Improvement Project improvements are permanently removed or by mutual written agreement of the parties. Section 1.4. Recitals. The above recitals are true and correct as of the date hereof and constitute a part of this Agreement. ARTICLE II DEFINITIONS Section 2.1. Definitions. The following are terms used in this Agreement. Their meanings as used in this Agreement shall be expressly indicated below, unless the context of this Agreement requires otherwise: (a) Agreement: This agreement to memorialize the covenants and agreements between the Owner and the City with regard to the Property, Parking Ramp and the Improvement Project. (b) Agreement Date: The date in the first paragraph of this Agreement. (c) Building: The Lowell Inn, the building located on the Property as of the Agreement Date. (d) City: The City of Stillwater, a Minnesota municipal corporation. (e) Improvement Project: The construction of the improvements identified and depicted on Exhibit A or as otherwise approved by the City Building Official, including repair and replacement plans. (f) Owner: 102 Second, LLC, a Minnesota limited liability company. 2 (g) Parking Ramp: The real property in Washington County, Minnesota, legally described as follows: Unit No. One (1), Common Interest Community No. 349, a condominium, SPGLI Condominiums, Washington County, Minnesota. Subject to encumbrances, liens and interests noted on CICCT No. 70824. Subject to the provisions of the Minnesota Common Interest Ownership Act, Minnesota Statutes, Chapter 515B, and Acts Amendatory thereof. Torrens Property PID: 28.030.20.42.0176 Certificate of Title No. 70833 (h) Property: The real property in Washington County, Minnesota, legally described as follows: Unit No. Two (2), Common Interest Community No. 349, a condominium, SPGLI Condominiums, Washington County, Minnesota. Subject to encumbrances, liens and interests noted on CICCT No. 70824. Subject to the provisions of the Minnesota Common Interest Ownership Act, Minnesota Statutes, Chapter 515B, and Acts Amendatory thereof. Torrens Property PIDs: 28.030.20.42.0178 and 28.030.20.42.0179 Certificate of Title No. 70834 ARTICLE III COVENANTS AND AGREEMENTS Section 3.1. Covenants and Agreements of the Owner. The Owner covenants and agrees with the City that: (a) Improvement Project: The City has engaged a private construction contractor to construct the Improvement Project and intends to contract directly with and pay a private construction contractor for the construction of the Improvement Project at the City's expense. (b) License to Construct and Inspect: The Owner hereby authorizes and grants the City, said private construction contractor, and City building officials and inspectors a temporary license to enter the Property for the purposes of constructing and inspecting the Improvement Project. Said temporary license to enter the Property for the 3 purposes of constructing and inspecting the Improvement Project shall commence on the Agreement Date and shall terminate after completion of the construction of the Improvement Project and expiration of the City's private construction contractor's warranty period. The Owner acknowledges and agrees that the City shall pay no pecuniary compensation for said temporary license and Owner acknowledges the consideration of the City paying for the construction of the Improvement Project. (c) Owner Covenant that Owner is the Property Fee Owner: Owner hereby covenants and warrants with the City that Owner is seized in fee of the Property and has good right to enter into this Agreement with the City. (d) Ongoing Responsibility for Maintenance, Repairs and/or Future Replacement of Improvement Project Improvements on the Property and Parking Ramp and ongoing License: The Owner acknowledges and agrees that after installation of the Improvement Project improvements on the Property and Parking Ramp and expiration of the warranty period provided by the City's private construction contractor, said Improvement Project improvements will be public improvements. The Owner also acknowledges and agrees that the City shall be responsible for the maintenance, repair and future replacement of the Improvement Project following the expiration of said warranty period provided by the City's private construction contractor and the Owner hereby grants a perpetual license for the City, its building officials, inspectors and contractors to enter and repair said Improvement Project when repairs or replacements are needed. Section 3.2. Covenants and Agreements of the City. The City covenants and agrees with the Owner that: (a) City Payment of Costs of Improvement Project: The City hereby agrees to pay the cost of the Improvement Project and any future repairs and replacement thereof. (b) City Covenant that City is the Parking Ramp Fee Owner: The City hereby covenants and warrants that the City is seized in fee of the Parking Ramp and has good right to enter into this Agreement with the Owner. (c) Ongoing Responsibility for Maintenance, Repairs and/or Future Replacement of Improvement Project Improvements on the Property and Parking Ramp: The City acknowledges and agrees that after installation of the Improvement Project improvements on the Property and Parking Ramp and expiration of the warranty period provided by the City's private construction contractor, said Improvement Project improvements will be public improvements. The City also acknowledges and agrees that the City shall be responsible for the maintenance, repair and future replacement of the Improvement Project following the expiration of said warranty period provided by the City's private construction contractor and that the Owner shall grant a perpetual license for the City, its building officials, inspectors and contractors to enter and repair said Improvement Project when repairs or replacements are needed. 4 (d) City Construction Contractor Insurance: The City agrees that the City will require the City's private construction contractor to maintain commercial general liability insurance with limits per occurrence of not less than $1,000,000 during the term of the Agreement. ARTICLE IV DEFAULT AND REMEDIES UPON DEFAULT Section 4.1. Default. If a party to this Agreement materially defaults in the due and timely performance of any of its covenants, or agreements hereunder, the other party(s) may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party(s) may pursue all remedies and sanctions available at law and in equity, including specific performance. Section 4.2. No Remedy Exclusive. No remedy herein conferred upon or reserved to a party to this Agreement shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE V RELEASE Section 5.1. Release. The Owner agrees that the City shall not be liable to the Owner, or any subsequent owner of the Property, for any costs expense or damage arising directly or indirectly to the Building or Property arising from the installation of the Improvement Project improvements or from any defective material or faulty installation or faulty design of said Improvement Project improvements, or from any repair or replacement to the Improvement Project and the Owner waives all claims and hereby releases the City, its officials, and employees of and from all claims for injury to person(s) or damage to real or personal property arising from the installation, repair or replacement of the improvements defined as the Improvement Project. The Owner agrees that this provision shall survive the termination or expiration of this Agreement. ARTICLE VI GENERAL PROVISIONS Section 6.1. Notices. All notices, requests, demands or other communications required or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if delivered personally or by registered or certified mail, return receipt accepted, postage prepaid, addressed as follows: 5 If to City: If to Owner: City of Stillwater Attn: City Administrator 216 4th St. N. Stillwater, MN 55082 102 Second, LLC 2842 Nightingale Ct. Stillwater, MN 55082 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. Section 6.2. Non -Assignability. Neither the City nor the Owner shall assign any interest in this Agreement nor shall either party transfer any interest in the same without the prior written consent of the other party. Section 6.3. Binding Effect. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property and Parking Ramp and shall run with the Property and Parking Ramp herein described. Section 6.4. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 6.5. Amendments, Changes and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the City and the Owner. Section 6.6. Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 6.7. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. Section 6.8. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Section 6.9. Cautions. The captions and the headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provision or section 6 of this Agreement. Section 6.10. Governmental Immunity. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Owner, its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided in Minnesota Statutes, Chapter 466. Section 6.11. Recording. This Agreement shall be recorded against the Property and Parking Ramp by the City with the County Registrar of Titles. [the remainder of this page has been intentionally left blank] 7 IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be executed by its duly authorized representatives. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 202_, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 8 OWNER: 102 SECOND, LLC Name: Its: STATE OF MINNESOTA ) ) COUNTY OF ) ss. This instrument was acknowledged before me on this day of , 2022, by the of 102 Second, LLC, a Minnesota limited liability company, on behalf of said limited liability company. This instrument was drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 Notary Public 9 A&K Construction EXHIBIT A IMPROVEMENT PROJECT 2221 Jack Breault Drive, Suite 400 Hudson, WI 54016 Bus.' (65I)-233-057S • Fax. Web' www,AandkonstructIon.coM Proposal Date: 05/16/22 Project: Stillwater Parking Ramp RE: Masonry Between Parking Ramp and Lowell Inn Proposal includes all labor and material for the following; • Demolition of existing block and brick pier and dispose. • Install new 4' high masonry wall above existing concrete wall, plus 5' longer than Lowell Inn corner. • Paint parking lot side of new masonry and end by Lowell Inn • Install lumber on top of new masonry wall and new metal cap over masonry wall and over the Lowell Inn roof metal cap to seal. • Caulking between buildings. $17,820.00 Exclusions: Permits, Assumes pier can be removed per structural engineer review. Structural review fees paid by owner. Excludes re -installation of light fixture on existing masonry pier to be removed. Note: This proposal may be withdrawn, if not accepted within 30 days. Respectfully Submitted, A & K Construction Ayan Sheray 05/16/22 Signature Date Acceptance of Proposal Signature Date All pricing and material is based upon the specifications provided. All work to be completed in a professional manner according to standard practices. Any alterations or deviations from the specifications Involving extra posts will be negotiated at that time. All scheduling agreements will be contingent upon delays beyond our control. Our workers are fully covered by Workers Compensation insurance. Page I of 1 A-1 NOTE: CAP FLASHING, WALL FLASHING, SEALANT, ETC BY OTHERS RELOCATED 8" CONC CAP EXIST 3'-4"x2'-0" BRICK PIER NEW 8" CMU W/ #4 @ 16"OC DWL 6" TO DUST W/ HILTI HIT-HY200 ADHESIVE. GROUT CMU SOLID EXIST 8" CMU WALL VERIFY SOLID GROUTED EXIST 8" CONC WALL -lllll 111111111111T 1 ]111111 l 1 1.1 1 11 I i 1 f 1_ 1 11 1 r I 1 1 1 1 1 Hi i i — pi i T-7 +� 'n o 7`-6" 3'-4" 10'-2" TOP FLOOR, NORTH WALL ELEVATION 1/4 = I HEREBY CERTTFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT L AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Mi . LISow kb DATE: 07/12/2022 REG. NC.: 25071 10)4A AACRITECTS I DE5r6NER6 I ENGLNEEAS 2051 KILLEBREW DRLVE, SUITE 680, BLOOMINGTON, MA SS425 I P. 651.451.4605 I KOMAINC.COM STILLWATER PARKING RAMP 200 2nd St N Stillwater, Mn 55082 PROJECT! 22104 07/12/2022 TOP FLOOR, NORTH WALL ELEVATION I Si L11watr HE BIRTHPLACE OF MIPNLSOI AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 19 day of July , 2022 , by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and A&K Construction (name), 2221 Jack Breault Drive, WI 54016 (address) ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated May 5, 2022 , incorporated herein as Exhibit A; ii. Other documentation, incorporated herein as Exhibit B. (Hereinafter "Exhibits.") b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 1 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms 2 established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Attention: Or e-mailed: Or emailed: 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving parry's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. 3 d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this Mayor and Beth Wolf, City Clerk for the City of Stillwater. CONTRACTOR STATE OF MINNESOTA COUNTY OF of , 2021 by Ted Kozlowski, Notary Public Commission Expires: / / Commissioned At: COMPANY NAME By: By (Please Print): Title (Please Print): ) ) ss. ) The foregoing instrument was acknowledged before me this of , 2021 by , its for Notary Public Commission Expires: / / Commissioned At: 4 iliwater THE B I R TH P i AC E OF MINNESOTA DATE: July 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Otis Elevator Contract Addendum BACKGROUND There have been ongoing issues with the elevator in the Parking Ramp becoming inoperable during nights and weekends. When this occurs, there are two options. 1) Facilities Manager is on -call and has to come in 2) Otis Elevator has to be contacted to come in and address the issue Due to the high cost of contacting Otis Elevator on nights and weekends - $504 per hour premium pay and mobilization costs — our facilities Manager has been coming in to address the elevator issues. The Facilities Manager has had to come in to fix the elevator more frequently this summer. To alleviate some call backs on the Facilities Manager. Otis Elevator offered an Addendum to the contract to be on -call 24/7 for $75 per month. With this addition to the contract price — the Otis Elevator hourly rate will be reduced to $194.79 per hour plus mobilization costs. ACTION REQUESTED Motion to approved the attached Contract Addendum with Otis Elevator. OTIS Made to move you DATE: 07/20/2022 TO: FROM: City of Stillwater Otis Elevator Company % Stillwater Parking Ramp 2772 Cleveland Ave. North 216 North 4th St Roseville, MN 55113 Stillwater, MN 55082 EQUIPMENT LOCATION: STILLWATER PARKING RAMP 200 Second Street North Stillwater, MN 55082 Gabriella Pierce -Mitchell Phone: (651) 202-0840 CONTRACT NUMBER: CL 06607 CONTRACT DATE: 05/17/2011 We propose the following modification to the Contract referred to above, to take effect as of: 08/01/2022 Overtime On all Callbacks, Otis will absorb overtime premium portion. This coverage will be included for an additional $75 to the monthly contract price. This proposal, when accepted by you below and approved by our authorized representative, will become binding as an addendum and modification to the Contract. All other terms, conditions and obligations in the Contract referred to are to remain in full force and effect. This quotation is valid for ninety (90) days from the proposal date. If this change results in the price adjustment date and billing frequency not aligning, the price adjustment date will be changed to ensure continued alignment with the billing frequency not earlier than the current price adjustment date. To set up automatic payments, please visit Jutpsa/otis.payinvoicedirect.cont• Submitted by: Gabriella Pierce -Mitchell Title: Account Manager E mail: gabriella.pierce-mitchellgotis.com Accepted in Duplicate Customer Otis Elevator Company Approved by Authorized Representative Approved by Authorized Representative Date: Date: Signed: Signed: Print Name: Print Name: JJ Loew Title Title E-mail: Name of Company 0 Otis Elevator Company 2011 All Rights Reserved LiNX Form MNT-ADD (04/01/12) Contract #: CL 06607 L#D_D1711_1._ Page t of 2 ❑ Principal, Owner or Authorized Representative of Principal or Owner o Agent: (Name of Principal or Owner) © Otis Elevator Company 2011 All Rights Reserved LiNX Fonn MNT-ADD (04/01/12) Contract 4: CL 06607 LUDD Ma= P 1 Page 2 of 2 illwat!r THE BIRTHPLACE OF MINNESOTA DATE: July 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Nick Chaves, Public Works Street Superintendent SUBJECT: Retaining Wall Replacement in Downtown Parking Lots BACKGROUND Staff has been looking at removing, replacing and extending the current retaining walls in Lot #14 (Shorty's Lot) and Lot #15 (Teddy Bear Lot). The current walls are deteriorating, unstable and need reconstruction. The wall at the Teddy Bear lot will be extended on the West, South, and a portion on the East side. The Planning Department and HPC Commission have reviewed and approved the project using natural stones. Staff has received quotes for the project with Schifsky Companies being the low bidder with a cost of $108,750.00. $125,000.00 was budgeted for this project in the 2022 Permanent Improvement Fund. RECOMMENDATION Staff recommends awarding the bid and approving the contract for the Parking Lot Retaining Walls Project with Schifsky Companies, with funds from the 2022 Permanent Improvement budget. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion AWARDING BID AND APPROVING CONTRACT FOR PARKING LOT RETAINING WALLS PROJECT illwaf!r HE BIRTHPIATHEOF MINNESOTA AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 26th day of July , 20 22 , by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Schifsky Companies , PO Box 424 Lake Elmo, MN 55042 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Parking Lots Retaining Wall Project NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 6/29/22 , incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. 1 a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Nick Chaves to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Carson Schifsky to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms 2 established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Schifsky Companies 216 4fh Street North Stillwater, MN 55082 Attention: Nick Chaves Or e-mailed: nchaves@ci.stillwater.mn.us PO Box 424 Lake Elmo, MN 55042 Attention: Carson Schifsky Or emailed: carson@schifskycompanies.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. 3 d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this Mayor and Beth Wolf, City Clerk for the City of Stillwater. CONTRACTOR STATE OF MINNESOTA COUNTY OF of , 2022 by Ted Kozlowski, Notary Public Commission Expires: / / Commissioned At: COMPANY NAME By: By (Please Print): Title (Please Print): ) ) ss. ) The foregoing instrument was acknowledged before me this of , 2022 by , its for Notary Public Commission Expires: // Commissioned At: 4 PO Box 424 Lake Elmo, Minnesota 55042 (651) 439-0603 info@schifskycompanies.com I www.schifskycompanies.com RECIPIENT: City Of Stillwater 216 north fourth street stillwater, MN 55082 SERVICE ADDRESS: 216 north fourth street stillwater, MN 55082 SCHIFSKV Estimate #521 Sent on Jun 29, 2022 Total $113,970.00 PRODUCT / SERVICE DESCRIPTION QTY. UNIT PRICE TOTAL Excavate & Prep Retaining Walls Retaining Walls Excavate old materials from site and prep for new install of material. All old material to be disposed of off site unless specified otherwise. Shorties Parking Lot Natural Stone Retaining Wall System: Install 6"-8" of gravel base material under retaining walls. Install concrete footing block under all new retaining wall to set limestone on. Install 12" of 3/4" clear gravel behind retaining walls for drainage system. Install drain tile as necessary draining through wall every 20 feet. Glue natural stone walls with construction adhesive. Wall Material: 8" Rivard limestone Sawn top and bottom with a natural split face. Cap Material: none *Quantities assuming walls average 3' in height *3 year craftsmanship warranty Teddy Bear Park Parking Lot Natural Stone Retaining Wall System: Install 6"-8" of gravel base material under retaining walls. Install concrete footing block under all new retaining wall to set limestone on. Install 12" of 3/4" clear gravel behind retaining walls for drainage system. Install drain tile as necessary draining through wall every 20 feet. Glue natural stone walls with construction adhesive. Wall Material: 8" Rivard limestone Sawn top and bottom with a natural split face. Cap Material: none *Quantities assuming walls average 3' in height *3 year craftsmanship warranty 1740 $3.50 $6,090.00* 345 $62.00 $21,390.00* 1395 $62.00 $86,490.00* 1 of 3 pages PO Box 424 Lake Elmo, Minnesota 55042 (651) 439-0603 info@schifskycompanies.com I www.schifskycompanies.com SCHIFSKY PRODUCT / SERVICE DESCRIPTION QTY. UNIT TOTAL PRICE Notes - Traffic control provided by city - Price does not include engineering or exceeding 4' in height of wall - Permits if needed will be no cost to Schifsky Companies Total * Non-taxable *This quote is valid for the next 30 days, after which values may be subject to change. *Additional work not listed in this quote will be charged in addition to this price and require a contract change order approved by the client before work is to continue. *Invoice to be paid in full within 30 days after Request for payment otherwise a lien in favor of Schifsky Companies will be created and late fees up to 1.5% per month will be added to any outstanding balance until payed in full. $113,970.00 2 of 3 pages PO Box 424 Lake Elmo, Minnesota 55042 (651) 439-0603 info@schifskycompanies.com I www.schifskycompanies.com Notes Continued... Signature: Date: SCHIFSKY 3 of 3 pages illwat!r THE BIRTHPLACE OF MINNESOTA DATE: July 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Consent Agenda Item: Short -Term Home Rental License Applications BACKGROUND According to the recently amended ordinance, amending Section 41-8, new short-term home rental license applications must be approved by the City of Stillwater City Council. The Community Development Department has received and processed the following short-term home rentals and have deemed them complete for approval by the City Council. RECOMMENDATION Approval of the following Short -Term Home Rental License Applications: License Address Owner/Applicant Occupancy License Number of Type Type Location Licenses Short-term 904 Harriet KaseyAnn & home rental St S. Brian Posch ACTION REQUESTED Owner Outside of Occupied/Not Downtown 23 out of 50 on Site Area If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license application. r Grua Ln a dqe Rd cool; 5 ns h x `¢ 3 St Cram. Arc F G %N 0 n y 0 .c Spr � �cK"+1ck,p Lake lac Nu3ak Mead Dlylark ()r • Hazel 51 W x N y Poplar 51 W Y Moore SI W Stillwater Avp W Wilkins Silk 'i.rpka rra x N EImSt •W� Hickory St W" v, Maple Son Laurel SI W Linden St w - 2 x N N L6ekkey S111 E L -� 'Rice St a O�ma�c Myrtle St W Glees Park Ramsey N 2 I04 �� n h� i `ail �4C f a 0 Orirrnear Z.sP. 1 A`� C �S Cr, El t° E c e a Ins 8enzan rn V P k Orr earls SI W Olive St W Hazel S1E Vt N Wu' N Qii� e $ t 0a' SL Oak SiW rn • pipe SLYi Willard Si W '^ i u Abbott 5l W • E u chug chill St W * Ander son SOW 01 y Ln. Ln1:e - eacreoton Area (74 Or tears SI "Al Willard St W rn Ppy • N ChurMill SIW m Hancock 51 W Vi M.lr4h ST sV est -c Wau'alSLe w• N Waature Stm rr QG S• n r� Ln Churchill SI E4 N N 7.6 nDubuque Se E Hancock St E en B6rlin5ton Sr E d a 4i u L651C N c r s2. � d Fill glop N, HQUItOO -Church Si N 2 1 Newlin Sources: Esri, HERE, Garmin, USGS, Inixtermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) openStreetMarTpt'r auto js,Land■tre"TelSiUs�er gommTurnity i!lwakT THE BIRTHPLACE OF MINNESOTA Short Term Home Rentals DDowntown District License Status o Approved * Pending The Birthplace of Minnesota DATE: July 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: Summer Tuesdays Event Makeup Date Request BACKGROUND Summer Tuesdays, Inc. has had to cancel 2 of their event dates this year due to weather and they are requesting to add one more additional makeup date for their event on Tuesday, August 16, 2022. ACTION REQUESTED The City Council should consider approving the request by Summer Tuesdays and approve the special event contract amendment to add an additional event date for use of North Lowell Park on Tuesday, August 16th, 2022, which is currently available for use. Attachment: Amendment to the Special Event Contract with Summer Tuesdays, Inc. City of Stillwater Washington County, Minnesota RESOLUTION 2022-XXX APPROVING AMENDMENT TO THE 2022 SUMMER TUESDAYS SPECIAL EVENT CONTRACT WHEREAS, the 2022 Summer Tuesdays Special Event and Contract was approved on June 7th, 2022; and WHEREAS, the Organizer wishes to add an additional event date after canceling two of their event dates due to weather to include the following date: August 16, 2022. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council hereby approves amending item number 5 of the contract to read as follows: 5. Dates and Hours of Event. Operations are limited as follows: July 5, 12, 19, 26 and August 2, 9, ( dates) from 5:00 p.m. to 11:00 p.m. Adopted by the Stillwater City Council this 26th day of July, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk illwat!r THE BIRTHPLACE OF MINNESOTA DATE: July 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: Settler's Park Tennis Court Resurfacing Contract Agreement BACKGROUND One of the projects in the Parks Department Capital Outlay for 2022 was to resurface the tennis courts at Settler's Park in the Liberty neighborhood. Due to the history of the poor soils and water tank located below the current bituminous surfacing, staff recommended resurfacing the tennis courts with sport court tiles. Millz House/SnapSports MN submitted the low bid in the amount of $81,376. This project requires a small contract agreement in order to proceed with the work. RECOMMENDATION Staff recommends City Council approve the small contract agreement for the tennis court resurfacing at Settler's Park with Millz House/SnapSports MN. ACTION REQUESTED If City Council concurs with the recommendation, they should pass a motion approving the small contract agreement for the Settler's Park tennis court resurfacing agreement with Millz House/SnapSports MN. FIE BIRTHPI d 4E OF MINNESOI A AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 26th day of July , 20 22 , by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Milz House , 14645 Felton Court, Suite #104 Apple Valley, MN 55124 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Settlers Park Tennis Courts NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 6/22/22 , incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. 1 a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Jason Grode to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Alan Mills to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms 2 established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Milz House 216 4th Street North Stillwater, MN 55082 Attention: Jason Grode Or e-mailed: 19rode@ci.stillwater.mn.us 14645 Felton Court, Suite #104 Apple Valley, MN 55124 Attention: Alan Mills Or emailed: alan@millzhouse.com> 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. 3 d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this Mayor and Beth Wolf, City Clerk for the City of Stillwater. CONTRACTOR STATE OF MINNESOTA COUNTY OF of , 2022 by Ted Kozlowski, Notary Public Commission Expires: / / Commissioned At: COMPANY NAME By: By (Please Print): Title (Please Print): ) ) ss. ) The foregoing instrument was acknowledged before me this of , 2022 by , its for Notary Public Commission Expires: // Commissioned At: 4 Millz COLfRTS Date: 6-22-2022 • 'HDDF5 RECREATION Name: Jason Grode City of Stillwater Project: Tennis Court resurfacing with sport tiles 120' x 120' Project Address: 121 Rutherford Road, Stillwater, MN Approximate Installation Date: TBD Millz House Contract Millz House Outdoor Court Contract Includes: Repair cracks in tennis court. Powerwash and scrape existing coatings to remove as much as possible. Sport tiles will the SnapSports DuraCourt tiles with tennis game lines painted. Installation of sport tiles. Freight charges included. TOTAL COST: $81,376 50% down payment to be paid prior to ordering material for project. For this project the down payment requirement is $40,688. Page 1 Terms & Conditions: Any alterations or deviations from the above specifications involving extra costs will be executed only upon written order and may become an extra charge over and above the estimated. This agreement is contingent upon strikes, accidents, shipping errors or other delays beyond our control, i.e. weather. If unknown objects such as boulders, springs, plumbing, electrical, invisible fence, irrigation systems, or any other objects or systems that were unknown to Millz House prior to commencing this project create an additional installation or material expense, this agreement may increase for such additional expense and customer shall reimburse the costs of such expense to Millz House. All landscaping around the court after the court has been completed is at the homeowner's expense. This includes adding or leveling of the soil around the concrete pad. Sod, dirt, sand and concrete for site preparation will be hauled in by skid steer. Plywood will be placed on the yard to help prevent damage to the yard or grass. Millz House is not responsible for the cost of repairs to the yard should any damage occur. All Irrigation repairs are at the homeowner's expense. I acknowledge that I have checked with all state departments and associations required, including, but not limited to, Homeowners Association, neighbors, City, County, State, and hardscape personnel, and have the approval to build and install this court with the agreed upon size and components. I agree to pay Millz House for all components ordered and all work that has been done, even in the event the project is halted for any reason. I understand that the tiles may shift over time with heavy movement or dirt, debris, or any organic material getting under the tiles. I understand that it is my responsibility to clean and move the tiles back into place. I agree to pay for any extra trip charges if the job is not ready for installation at the agreed upon time. Due to pricing consideration, this agreement can only be guaranteed for30 days. If full payment is not received within fifteen (15) days after completion of the project, any outstanding balance shall accrue interest at the rate of eighteen percent (18%) per year. If customer changes their mind, Millz House/SnapSports MN may charge a restocking fee of up to 30% on any materials that have been ordered for the project Millz House/SnapSports MN, its shareholders, officers, directors, agents and employees shall not be responsible or liable for any damages to utilities, pipes, plumbing, sprinklers, or any other underground items or systems installed upon the property of the customer. Millz House, its shareholders, directors, agents, and employees make no representations or warranties other than those specified in the Manufacturer's Standard Warranty. In the event of non-payment by customer, customer agrees to pay all of Millz House/SnapSports MN costs for collection, including without limitation, reasonable attorney's fees. The above price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. PRE -LIEN NOTICE (a) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO THIS PROPERTY MAY FILE A LIEN AGAINST THIS PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS (b) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIAL FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENTS AND WHO GAVE TIMELY NOTICE. Homeowner's Signature: Date: Millz House/SnapSports MN Signature: Date: Page 2 illwat!r THE BIRTHPLACE OF MINNESOTA DATE: July 26, 2022 TO: Honorable Mayor and City Council Members FROM: Tim Gladhill, Community Development Director SUBJECT: 2001 Washington Avenue Retail Infill Development (Preliminary Plat) BACKGROUND This report was reviewed by the City Council on July 5, 2022. Content of said report is hereby incorporated by reference and available upon request. Said Staff Report is available online, along with the comments from MnDOT. The City has received a series of Applications in order to facilitate the infill development of two (2) retail parcels along the south property line of 2001 Washington Ave. Per recommendation of the Planning Commission and direction of the City Council, the Applicant has now revised the request to include only one (1) new lot for purposes of a drive through coffee building. Staff anticipates the second lot to come forward at a future date along with the requested traffic study. The City Council action is limited to the Preliminary Plat. The Planning Commission has already approved the Conditional Use Permit (site plan, architectural review), contingent upon approval of the Plat by the City Council. LAND USE/PLANNING AND ZONING INFORMATION Comprehensive Plan Designation Highway Mixed Use Zoning District BP-C: Business Park Commercial Overlay Zoning District West Stillwater Business Park Highway Mixed Use Designation — 2040 Comprehensive Plan The Comprehensive Plan lays out a future vision on how areas of the community will evolve over time. The Highway Mixed Use Future Land Use Designation was created to provide more flexibility in commercial areas to accommodate residential development in a mixed use fashion. A majority of the land use (70%) is anticipated to remain commercial. Local peer examples of this designation in action include The West End (St. Louis Park) and Arbor Lakes (Maple Grove). BP-C: Business Park — Commercial Zoning District The purpose of the BP — C: Business Park Commercial Zoning District is to provide a district for general community commercial and office uses. General Retail is a Permitted Use (administrative approval). Uses with drive-throughs are a Conditional Use, requiring approval of the Planning Commission. FINDINGS The new infill lot appears to meet all required Zoning Code Requirements. While there may be some limited opportunities to withhold approval for traffic safety and capacity concerns, Staff believes it is appropriate to approve this portion of the request. Detailed zoning analysis is as follows. Required Proposed Lot Area 1/2 Acre Front Setback 40 Feet 35.88 Side Setback 20 Feet 32.30 Rear Setback 30 Feet 42.6 Lot Coverage 60% 59.6% Landscaped Area 20% 40.4% Additionally, Staff offers the following technical comments on the plat sheets, subject to final review and approval of the City Engineer. • Easements will be required for cross -access and easements crossing property lines. Since likely private easements, a Maintenance Agreement shall also be required. • Browns Creek Wastershed District Permit shall be required. Staff recommends early coordination with BCWD, as requirements may require plan modifications. RECOMMENDATION Based on Planning Commission recommendation and past City Council direction, Staff recommends approval of the revised request. ACTION Motion to adopt resolution approving Preliminary Plat. City of Stillwater Washington County, Minnesota RESOLUTION 2022- A RESOLUTION APPROVING PRELIMINARY PLAT FOR 2001 WASHINGTON AVE WHEREAS, on May 31, 2022 the City received an Application for Preliminary Plat and Zoning Amendment for a two -lot subdivision located at 2001 Washington Ave; and WHEREAS, City Staff requested a traffic study to better understand traffic safety and congestion impacts on an already challenging traffic intersection (Washington Avenue and West Frontage Road) as well internal traffic circulation and vehicle stacking concerns; and WHEREAS, the City has not received a traffic study to date; and WHEREAS, the Planning Commission reviewed the request on June 22 and recommended that the City Council only approve one lot for the western parcel for purposes of a coffee shop drive through and not approve the easterly lot for a future drive -through user due to internal and external traffic safety concerns; and WHEREAS, the Minnesota Department of Transportation has commented that the intersection of Washington Avenue and Highway 36 has existing operational issues, further expressing that this new development shall not worse these conditions and recommended closure of the southerly access to the site; and WHEREAS, the City Council reviewed the original request for two (2) new lots and directed the Applicant to revise the proposal to include one (1) new lot. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater hereby approves the Preliminary Plat for 2001 Washington Avenue. Adopted by the Stillwater City Council this 26th day of July, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk © 2022 Westwood Professional Services, Inc. N:\0020339.00\DWG\CIVIL\0020339CV.DWG PRELIMINARY DEVELOPMENT PLANS FOR MIKDEN OF STILLWATER STILLWATER, MN PREPARED FOR: MIKDEN OF STILLWATER 434 HALE AVENUE NORTH OAKDALE, MN CONTACT: MICHAEL GIVENS PHONE: 651-968-5845 EMAIL: MICHAELG@MICHAELHOLDINGS.COM PREPARED BY: Westwood Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 westwoodps.com Westwood Professional Services, Inc. PROJECT NUMBER: 0020339.00 CONTACT: SHARI LYNN S. AHRENS SHEET INDEX Sheet Number Sheet Title CO.1 COVER CO.2 OVERALL MASTER SITE PLAN CO.3 PRELIMINARY PLAT C2.0 SITE PLAN (LOT 2 ONLY) C3.0 GRADING & EROSION CONTROL PLAN (LOT 2 ONLY) C5.0 UTILITY PLAN (LOT 2 ONLY) L1.0 LANDSCAPE PLAN SITE llb Lath Pi v n� j ri ioolt iM1y SMl aws'r, ^ �i..d, 111 RN t Eli Eli Oak Palk 11i6 Vicinity Map (NOT TO SCALE) NO. DATE REVISION SHEETS 06/23/2022 CLIENT REVISIONS 07/12/2022 CITY COMMENTS PRELIMINARY DEVELOPMENT PLANS FOR MIKDEN OF STILLWATER STILLWATER, MN INITIAL SUBMITTAL DATE: 05/27/2022 SHEET: CO.1 oC w J J V) u_ 0 z w 0 2 PROJECT NUMBER: 0020339.00 N:\0020339.00\DWG\CIVIL\0020339SP.DWG Rim Elev=936.09 Inv. Elev-d44 (L) Inv. Elev=925.89 (N/) Rim E0 v=936.01 Inv. Elev-92j.56 (N/S) m E(ev=935.96 an't open) In OO Rim Elev Inv. Elev= N 0 9z Inv. Ele Rim Elev=935.00 (full of leaves) _........) A3S.87 WA T Inv. Elev=929.62 (W/E) (30" Concrete) 601(S/N) (12 Cvunrlr) SAN STO GAS FOP Rim Elev=935.27 (full of (eaves) VAULT ANDERSON COMMUNICATION Rim Elev=934.49 (full of leaves) m Elev=934.99 =924.99 (N/S) STO WAT WA T SAN STO FOP FOP dod d0 J �l Rim ':v .26 .n'top�� L / / VAULT ERSON TIOAt / Rim E(ev=93764 WAInv. Elev=92//4 (L/W) SAN SAN STO Rim E ev=932.43 Inv El: v=928.68(S • Rim E1 ev=9 Rim Inv E SR s Rm E(ev=93745 lev=933.3 Rim Elev=934.50 Inv Elev=926.20 (N/E) Rim (fu Building Height=23.1' WA T SAN STO Rim Elev=936.71 (can't open) E4ev=933.90 o f garbage) LOT 2 12 PARKING SPACES WA T SAN STO FUEL TANK FFE=938.50 Building Height=274' LOT 1 347 PARKING SPACES 1,45 CIVIW .0110 Rim Elev=938.64 Inv Elev=935.94 (N)(4"PVC) Inv. Elev=934.29 (S)(18"concrete) WA T Rim FIev=938.691 Inv. Elev=932.29 (N/S/E/W) SAN STO W ) L w�/-1 1 /1 / r I wdr / V V L / SAN Rim Elev=938.15 (car parked on top) Rim Elev=933.79 STO Inv. Elev=929.04 (E/W) Rim Elev=933.83 (full of leaves/garbage) DRIVE-THRU TRAFFIC FLOW 629 s3zz6 im E(ev=933.61 falt'D/ leaves- - Rim Elet=933.43 (full of /eaves) I Rim E(ev=933.51 I (full of leaves) C GAS SIGN nf^)/I /I13. //- WA T �'J L \ l V ,�+14_ SAN Rim Elev=938.97 Inv Elev=928.67 WIN) Rim Elev=936.99 Inv Elev=927.94 (N, Rim Elev=938.21 (can't open) Rim Elev=935.44 (can't open) 1 WA T SAN r MAIL KIOSK WAT- SAN - / L / SITE LEGEND EXISTING PROPOSED u I I I I I I I• x 0 x Call 48 Hours before digging: 811 or cal1811.com Common Ground Alliance PROPERTY LINE LOT LINE SETBACK LINE EASEMENT LINE CURB AND GUTTER TIP -OUT CURB AND GUTTER POND NORMAL WATER LEVEL RETAINING WALL FENCE CONCRETE PAVEMENT CONCRETE SIDEWALK HEAVY DUTY BITUMINOUS PAVEMENT NORMAL DUTY BITUMINOUS PAVEMENT NUMBER OF PARKING STALLS TRANSFORMER SITE LIGHTING TRAFFIC SIGN POWER POLE BOLLARD / POST X 1"=50' 0' 50' 100' 150' NOT FOR CONSTRUCTION DESIGNED: 0 Y Lu lJ 2 0 z cc 0 HORIZONTAL SCALE:50' VERTICAL SCALEI0' or 5' INITIAL ISSUE: REVISIONS: CLIENT REVISIONS C CITY COMMENTS C C C PREPARED FOR: LLWATER KDEN OF ST 2 w Q g } Q w m � � Q cic w H D a 0 w LA Z w QQZ Zl Z O Z w u ZQ =aoa N Q ~ Z w O = I- Le eL > w w V Z Q w w H > N Z cc J = CL w _000 SHARI LYNN S. AHRENS 07/12/2022 LICENSE NO. STILLWATER, MN O N O IA N Ili WOW rit;ri OMM NNW WO N To co 1 SHEET NUMBER: CO.2 DATE: 07/12/2022 PROJECT NUMBER: 0020339.00 MIKDEN OF STILLWATER a) a) 0 .� v 4- 0 0 a N O V q N:\0020339.00\DWG\CIVIL\0020339PPO Ri - • 93 . 9. Inv. E e v= 926.4 A(E) Inv. Elev S) Rim E/ev=935.96 (can't open) Rim Elev= 936.01- - - Inv. EIev= 925.56 (N/S) Rim Elev=934.99- Inv. Ele v= 924.99 (N/S) 1"=50' 0' 50' 100' 150' -Rim Elev=935.00 (full of leaves) =935.87 r� Inv. -)r=929.62 (W/E) 3 Concrete) - . EIev=930.57 (S/N) (12" Concrete) GAS PUG FOP Elev=935.27 (full of leaves) PID: 3203020340008 MIKDEN OF STILLWATER LLC Q. -° 1 a. --Rim Elev= 935.40 Inv. Elev=928.60 '"VAULT ANDSON COMMUNICA TIO A 4 IVI N88°48'52"W 185.34 PUG FOP PID: 3203020430009 MIKDEN OF STILLWATER LLC Rim Elev=933.01-- Inv Elev=926.96(??) Rim El e v= 933.32 -' Inv El e v= 924.37 (N/S) STO -___-Rim LI 93/.45 n G I/' GAS PUG GASP r FOP Building Height=23.1' PID: 320302034008 MIKDEN OF STILLWATER LLC - FFE= 938.44 P10: 3203020430010 MIKDEN OF STILLWATER LC _ Rim Elev=932.43 Inv Elev=928.68 (18" Cone 140 Rim Elev=934.50-I Inv Elev=926.20 (N/E) 1.12-- g n /r AS SIGN 7 PID: 3203020430013 MIKDEN OF STILLWATER LLC m Elev=93'.9 v Elev=928.6 W/S) Rim Eti Inv Ele v= 936.9 =92/.94 -Rim EIev= 938.21 i (can't open) -Rim Elev=935.44 (can't open) Rim Elev=938.64. Inv EIev=935.94 (N)(4'PVC) '\ Inv. Elev-934.29 : "concrete) Inv. EIev=. 7 Rim E)ev.9 % •' 2.29 (N/S/E/W) -FUEL TANK FFE= 938.50 �-Building Height=27.4' PID: 3203020430011 MIKDEN OF STILLWATER LLC -20' Utility EXISTING BUILDING �YIrGa. ®Z■RIESSEiiis9>terIfi IENEMO WRIME Q mar =• 3.61- oc 44p. 773-A7 (full of leaves `-WA TER ELEV. = 927.08 (Field located 11/02/2018) WAT/ /)IA/r-L) 939 - ' Elev=938.15 - (cor . orked on top) Rim Elev= 933.79 AID • 9.04 E/W) Rim Elev=933.83 (full of leaves/gorboge PID: 3203020430012 MIKDEN OF STILLWATER LLC -Rim Ele l (full of l c V = 933.43 a ves) -Rim Elev=933.51 ' (full of leaves) P10.• 3203020430022 CITY OF STILLWATER L. WA r SAN WA T SAN P10: 3203020430039 HABERMAN LLP S00°18'02"E 474.46 ,-MAIL KIOSK PID: 3203020430026 DS HOSPITALITY N 13 N 20' Utilif Easement per Doc No. 773-A \\`\ L L LOT AREA CHART LEGAL DESCRIPTION LOT AREA (ACRE) LOT 1 8.53 AC. LOT 2 0.56 AC. OUTLOT A 0.43 AC. TOTAL 9.52 AC. PROPERTY DESCRIPTION Call 48 Hours before digging: 811 or cal1811.com Common Ground Alliance Real property in the City of Stillwater, County of Washington, State of Minnesota, described as follows: Lots 2, 3, 4, 5, 6, and 7, Block 1, Matt HooleyAddition, Washington County, Minnesota. (Abstract Property) SURVEYOR'S NOTES 1. This survey was prepared with the benefit of Title Commitment No. NCS-934995-MPLS, prepared by First American Title Insurance Company having an effective date of October 30, 2018 at 8:00 AM. 2. Subject property contains 414,712 Sq. Ft. or 9.52 acres. 3. Existing conditions are based on fieldwork conducted by Westwood Professional Services on November 2, 2018 and as shown on ALTA/NSPS Land Title Survey Westwood project number 0020339.00 dated November 19, 2018. 4. Subject property appears to be calassified as Zone X when scaled from Flood Insurance Rate Map Community - Panel Number 27163CO262E 5. Zoning information not provided by Client. 6. Coordinate system is Washington County, NAD 83 1986 Adj. LEGEND GAS FOP PUG SAN STO GAS UNDERGROUND FIBER OPTIC UNDERGROUND POWER UNDERGROUND SANITARY SEWER STORM SEWER WAT WATERMAIN VICINITY MAP BOUNDARY LINE RIGHT-OF-WAY LINE PROPOSED LOT LINE EASEMENT LINE SECTION LINE (NOT TO SCALE) dW Orri�er�1 i Target W Frontage Frei 6r1Fh Si N veIGJriS 31 YY 3, Sec 32 T3O R20W Tower Dr W SITE --- • Falk l z hforwrch Ave Id Narthwei:lrrr Av. S 0. Blvd W 60th Sh N 1 L f'' DESIGNED: 0 Y V 0 z cc 0 HORIZONTAL SCALE:50' VERTICAL SCALEI0' or 5' INITIAL ISSUE: REVISIONS: CLIENT REVISIONS N N 0 N C CITY COMMENTS N N N N C C C PREPARED FOR: LLWATER KDEN OF ST 2 ce O Z Z w 2 zw W J >Q Q 0 w S QO rn m ✓ 07/1 2/2022 LICENSE NO. STILLWATER, MN 0 0 a) 3 cO ti > co L co -z 32 w d 1S. is w � c o c Nc O N O IA N 4J O - LO lfi ld N- F- CO CO CO rnrnrn U.)• rnco N o 1 SHEET NUMBER: CO.3 DATE: 07/12/2022 PROJECT NUMBER: 0020339.00 MIKDEN OF STILLWATER N:\0020339.00\DWG\CIVIL\0020339SP02.DWG YQ Rim Elev=9 2.43 Inv Elev=92:.68(SW)(18" Concrete) Rim Elev=933.01 Inv Elev=926.96(??) 0 Rim Ele =933.32 Inv Elev= 24.37 (N/S) 0_ • . EMI 11 11 EMI 0 0 fit A , aiviv,His, 4). -,-,,,11:4011 ifitTliii �13ab0 a3a10 livm Eli 11111101111111111i4VVINI Oil 13111W 1111 iIP ��,►,o`� 0 II 629 co��■■ /j'..:. SF FFE 937.20 f (s.io) SIGN LEGEND REFERENCE S.4 DO NOT ENTER Sr0 SIZE MnDOT DESIGNATION 30" X 30" R5-1 tri Rim (full El SITE DETAILS (SI-OXX) 1 B612 CURB AND GUTTER 2 FLUSH CURB 8 CONCRETE SIDEWALK 9 PRIVATE PEDESTRIAN CURB RAMP 13 TRAFFIC ARROW 15 HANDICAP ACCESSIBLE SIGNAGE AND STRIPING 18 BOLLARD 19 PAVEMENT SECTIONS 21 HEAVY DUTY CONCRETE 24 CONCRETE CURB AT SIDEWALK 0 SITE KEYNOTES A B C D E F G H J K L M N P Q S T TRASH ENCLOSURE - SEE ARCH PLANS TRANSFORMER LOCATION DRIVE THRU MENU BOARDS - SEE ARCH PLANS DRIVE THRU CLEARANCE BAR - SEE ARCH PLANS BIKE RACKS - SEE ARCH PLANS TIP OUT CURB AND GUTTER PATIO FURNITURE - SEE ARCH PLANS FILTRATION BASIN AIR CONDITIONING UNIT - SEE ARCH PLANS FENCE - SEE ARCH PLANS SAWCUT LINE - MATCH EXISTING PAVEMENT WAIT STALL SIGN - SEE SIGNAGE PLANS NOT USED TRANSITION CURB TO FLUSH MATCH EXISTING CURB REMOVE EX. LIGHT POLE PROPOSED LIGHT POLE - SEE PHOTOMETRIC PLAN FUTURE LIGHT POLE - SEE PHOTOMETRIC PLAN SITE LEGEND EXISTING PROPOSED I I I I I I I • x x GENERAL SITE NOTES Call 48 Hours before digging: 811 or cal1811.com Common Ground Alliance PROPERTY LINE LOT LINE EASEMENT LINE CURB AND GUTTER TIP -OUT CURB AND GUTTER POND NORMAL WATER LEVEL RETAINING WALL FENCE CONCRETE PAVEMENT CONCRETE SIDEWALK NORMAL DUTY BITUMINOUS PAVEMENT NUMBER OF PARKING STALLS TRANSFORMER SITE LIGHTING TRAFFIC SIGN POWER POLE BOLLARD / POST 1. BACKGROUND INFORMATION FOR THIS PROJECT PROVIDED BY WESTWOOD PROFESSIONAL SERVICES. 2. LOCATIONS AND ELEVATIONS OF EXISTING TOPOGRAPHY AND UTILITIES AS SHOWN ON THIS PLAN ARE APPROXIMATE. CONTRACTOR SHALL FIELD VERIFY SITE CONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. IF ANY DISCREPANCIES ARE FOUND, THE ENGINEER SHOULD BE NOTIFIED IMMEDIATELY. 3. REFER TO BOUNDARY SURVEY FOR LOT BEARINGS, DIMENSIONS AND AREAS. 4. ALL DIMENSIONS ARE TO FACE OF CURB OR EXTERIOR FACE OF BUILDING UNLESS OTHERWISE NOTED. 5. REFER TO ARCHITECTURAL PLANS FOR EXACT BUILDING DIMENSIONS AND LOCATIONS OF EXITS, RAMPS, AND TRUCK DOCKS. 6. ALL CURB RADII ARE SHALL BE 3.0 FEET (TO FACE OF CURB) UNLESS OTHERWISE NOTED. 7. ALL CURB AND GUTTER SHALL BE B612 UNLESS OTHERWISE NOTED. 8. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGGERS AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. PLACEMENT OF THESE DEVICES SHALL BE APPROVED BY THE CITY AND ENGINEER PRIOR TO PLACEMENT. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MNDOT STANDARDS. 9. BITUMINOUS PAVEMENT AND CONCRETE SECTIONS TO BE IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE GEOTECHNICAL ENGINEER. 10. CONTRACTOR SHALL MAINTAIN FULL ACCESS TO ADJACENT PROPERTIES DURING CONSTRUCTION AND TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES. 11. SITE LIGHTING SHOWN ON PLAN IS FOR REFERENCE ONLY. REFER TO LIGHTING PLAN PREPARED BY OTHERS FOR SITE LIGHTING DETAILS AND PHOTOMETRICS. SITE DEVELOPMENT SUMMARY • EXISTING ZONING: • PROPOSED PARCEL DESCRIPTION: • PROPERTY AREA: • PERVIOUS SURFACE: • IMPERVIOUS SURFACE(RATIO): BPC, BUSINESS PARK COMMONS LOT 2, BLOCK 1, MATT HOOLEY 2ND ADDITION 24,394 SF (0.56 AC) 9,850 SF (40.4%) 14,544 SF (59.6%) • BUILDING GROSS SIZE: 629 SF • BUILDING SETBACK PER CODE: 40'=FRONT 20'=SIDE 30'=REAR • PARKING SETBACK: 15'=ROW 10'=PROPERTY LINE • PARKING SPACE/DRIVE AISLE: 9' WIDE X 18' LONG, 24' AISLE • PARKING PROVIDED: 10 X 1" = 20' 0' 20' 40' 60' NOT FOR CONSTRUCTION DESIGNED: 0 Y 0 z cc 0 HORIZONTAL SCALE:20' VERTICAL SCALE: 4' or 2' INITIAL ISSUE: REVISIONS: CLIENT REVISIONS C CITY COMMENTS C C C PREPARED FOR: LLWATER KDEN OF ST 2 ce O zz w 2 zw >Q <0 Qo rn m v SHARI LYNN S. AHRENS O1 r— 07/12/2022 LICENSE NO. STILLWATER, MN 0 0 CD 3 d >M L in co L6 E z �Z0 32 • c g' o• C O N O u, N U) WOW COMM COMM NNW 0)0)o Z- Qz 0 O W N I— I — SHEET NUMBER: C2.0 DATE: 07/12/2022 PROJECT NUMBER: 0020339.00 MIKDEN OF STILLWATER © 2022 Westwood Professional Services, Inc. N:\0020339.00\DWG\CIVIL\0020339GD.DWG it Rim Ele 9 Inv Elev=9 Elev=933.01 =92 Rim Ele 933.32 Inv Elev= 24.37 (N/S) 68(SW)(1 GRADING NOTES Concre 935.72 931 PROPOSED WATERMAIN (TYP.) SEE BASIN DETAIL MATCH EX. CURB Ls - SF 935.30 936 935.74 935.40 935.77 936 SF 935 934 932f 931 936.31 936.24 936.07 936.14 INFILTRATION BASIN BOTTOM 931.50 OUTLET = 933.00 100-YR HWL = 934.05 SF 930� 929� 1 LOCATIONS AND ELEVATIONS OF EXISTING TOPOGRAPHY AND UTILITIES AS SHOWN ON THIS PLAN ARE APPROXIMATE. CONTRACTOR SHALL FIELD VERIFY SITE CONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIED IMMEDIATELY IF ANY DISCREPANCIES ARE FOUND. 2. CONTRACTORS SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF VESTIBULE, SLOPED PAVEMENT, EXIT PORCHES, RAMPS, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS, EXACT BUILDING UTILITY ENTRANCE LOCATIONS, AND EXACT LOCATIONS AND NUMBER OF DOWNSPOUTS. 3. ALL EXCAVATION SHALL BE IN ACCORDANCE WITH THE CURRENT EDITION OF "STANDARD SPECIFICATIONS FOR TRENCH EXCAVATION AND BACKFILL/SURFACE RESTORATION" AS PREPARED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA. ALL DISTURBED UNPAVED AREAS ARE TO RECEIVE SIX INCHES OF TOPSOIL AND SOD OR SEED. THESE AREAS SHALL BE WATERED UNTIL A HEALTHY STAND OF GRASS IS OBTAINED. SEE LANDSCAPE PLAN FOR PLANTING AND TURF ESTABLISHMENT. 5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. PLACEMENT OF THESE DEVICES SHALL BE APPROVED BY THE ENGINEER PRIOR TO PLACEMENT. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MNDOT STANDARDS. 6. ALL SLOPES SHALL BE GRADED TO 3:1 OR FLATTER, UNLESS OTHERWISE INDICATED ON THIS SHEET. 7. CONTRACTOR SHALL UNIFORMLY GRADE AREAS WITHIN LIMITS OF GRADING AND PROVIDE A SMOOTH FINISHED SURFACE WITH UNIFORM SLOPES BETWEEN POINTS WHERE ELEVATIONS ARE SHOWN OR BETWEEN SUCH POINTS AND EXISTING GRADES. 8. SPOT ELEVATIONS SHOWN INDICATE FINISHED PAVEMENT ELEVATIONS & GUTTER FLOW LINE UNLESS OTHERWISE NOTED. PROPOSED CONTOURS ARE TO FINISHED SURFACE GRADE. 9. SEE SOILS REPORT FOR PAVEMENT THICKNESSES AND HOLD DOWNS. 10. CONTRACTOR SHALL DISPOSE OF ANY EXCESS SOIL MATERIAL THAT EXISTS AFTER THE SITE GRADING AND UTILITY CONSTRUCTION IS COMPLETED. THE CONTRACTOR SHALL DISPOSE OF ALL EXCESS SOIL MATERIAL IN A MANNER ACCEPTABLE TO THE OWNER AND THE REGULATING AGENCIES. 11. CONTRACTOR SHALL PROVIDE A STRUCTURAL RETAINING WALL DESIGN CERTIFIED BY A LICENSED PROFESSIONAL ENGINEER. 936.14- 935.74 prSILT FENCE (TYP.) SF SF 936.24 936.05 936.12 935.95- 935.95 934.75 B 936.55 F 936.05 935.88 1'VJS aHV H3 11V1S GV3HV H3GH0 936.20 936.05 936.13 936.13 936.04 936.02 936.56 B 937.19 F 936.69 11V-S Kim Elev=933.61 (full MATCH EX. PAVEMENT INLET PROTECTION (TYP.) SF SF SF EXISTING STRUCTURES TO REMAIN IN PLACE 936.32 ROCK CONSTRUCTION ENTRANCE • e• e• r• ej *1141141141141 •.•.•.•.• *1141141141141 •.•.•.•.• •.•.•.•.• 01141141141141 •.•.•.•.• :.=.=.=. .4.0.0.v.,,s, 935.82 936.02 1935.95 Pie !le Pi Pt -1• Adler•- 936.22 935.56 936.37 935.15 934.794 '2 935.18 934.27 934.50 934.13 934 r Rim E (full o 12. ALL CONSTRUCTION SHALL CONFORM TO LOCAL, STATE AND FEDERAL RULES INCLUDING THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS. 13. PRIOR TO PLACEMENT OF ANY STRUCTURE OR PAVEMENT, A PROOF ROLL, AT MINIMUM, WILL BE REQUIRED ON THE SUBGRADE. PROOF ROLLING SHALL BE ACCOMPLISHED BY MAKING MINIMUM OF 2 COMPLETE PASSES WITH FULLY -LOADED TANDEM -AXLE DUMP TRUCK, OR APPROVED EQUAL, IN EACH OF 2 PERPENDICULAR DIRECTIONS WHILE UNDER SUPERVISION AND DIRECTION OF THE INDEPENDENT TESTING LABORATORY. AREAS OF FAILURE SHALL BE EXCAVATED AND RE -COMPACTED AS SPECIFIED HEREIN. 14. EMBANKMENT MATERIAL PLACED BENEATH BUILDINGS AND STREET OR PARKING AREAS SHALL BE COMPACTED IN ACCORDANCE WITH THE SPECIFIED DENSITY METHOD AS OUTLINED IN MNDOT 2105.3F1 AND THE REQUIREMENTS OF THE GEOTECHNICAL ENGINEER. 15. EMBANKMENT MATERIAL NOT PLACED IN THE BUILDING PAD, STREETS OR PARKING AREA, SHALL BE COMPACTED IN ACCORDANCE WITH REQUIREMENTS OF THE ORDINARY COMPACTION METHOD AS OUTLINED IN MNDOT 2105.3F2. 16. ALL SOILS AND MATERIALS TESTING SHALL BE COMPLETED BY AN INDEPENDENT GEOTECHNICAL ENGINEER. EXCAVATION FOR THE PURPOSE OF REMOVING UNSTABLE OR UNSUITABLE SOILS SHALL BE COMPLETED AS REQUIRED BY THE GEOTECHNICAL ENGINEER. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIRED SOILS TESTS AND INSPECTIONS WITH THE GEOTECHNICAL ENGINEER. 933.98 Rim (full GRADING LEGEND EXISTING PROPOSED STO WAT SAN -I 1 1 I I 1 1 I I - MATCH EX. PAVEMENT GRADE • 90C - 980 - 982 SF TPF x 900.00 0.00% TW=XXX.XX BW=XXX.XX E.O.F-< la SB-19 0 O PROPERTY LINE INDEX CONTOUR INTERVAL CONTOUR CURB AND GUTTER INFILTRATION BASIN 100-YR HWL (934.05) STORM SEWER FLARED END SECTION (WITH RIPRAP) WATER MAIN SANITARY SEWER RETAINING WALL N/A BIOROLL - N/A RIDGE LINE - N/A SILT FENCE TREE PROTECTION FENCE - N/A SPOT ELEVATION FLOW DIRECTION TOP AND BOTTOM OF RETAINING WALL - N/A EMERGENCY OVERFLOW - N/A SOIL BORING LOCATION - N/A ROCK CONSTRUCTION ENTRANCE INLET PROTECTION GENERAL EROSION CONTROL NOTES Call 48 Hours before digging: 811 or cal1811.com Common Ground Alliance 1. THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS ARE BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES AND LIMITED MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION SHALL NOT BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR SHALL VERIFY EXISTING CONDITIONS PRIOR TO CONSTRUCTION AND NOTIFY THE OWNER OR ENGINEER OF DISCREPANCIES. 2. ALL SILT FENCE AND OTHER EROSION CONTROL FEATURES SHALL BE IN -PLACE PRIOR TO ANY EXCAVATION/CONSTRUCTION AND SHALL BE MAINTAINED UNTIL VIABLE TURF OR GROUND COVER HAS BEEN ESTABLISHED. EXISTING SILT FENCE ON -SITE SHALL BE MAINTAINED AND OR REMOVED AND SHALL BE CONSIDERED INCIDENTAL TO THE GRADING CONTRACT. IT IS OF EXTREME IMPORTANCE TO BE AWARE OF CURRENT FIELD CONDITIONS WITH RESPECT TO EROSION CONTROL. TEMPORARY PONDING, DIKES, HAYBALES, ETC., REQUIRED BY THE CITY SHALL BE INCIDENTAL TO THE GRADING CONTRACT. 3. EROSION AND SILTATION CONTROL (ESC): THE CONTRACTOR SHALL ASSUME COMPLETE RESPONSIBILITY FOR CONTROLLING ALL SILTATION AND EROSION OF THE PROJECT AREA. THE CONTRACTOR SHALL USE WHATEVER MEANS NECESSARY TO CONTROL THE EROSION AND SILTATION INCLUDING BUT NOT LIMITED TO: CATCH BASIN INSERTS, CONSTRUCTION ENTRANCES, EROSION CONTROL BLANKET, AND SILT FENCE. ESC SHALL COMMENCE WITH GRADING AND CONTINUE THROUGHOUT THE PROJECT UNTIL ACCEPTANCE OF THE WORK BY THE OWNER. THE CONTRACTOR'S RESPONSIBILITY INCLUDES ALL IMPLEMENTATION AS REQUIRED TO PREVENT EROSION AND THE DEPOSITING OF SILT. THE OWNER MAY DIRECT THE CONTRACTOR'S METHODS AS DEEMED FIT TO PROTECT PROPERTY AND IMPROVEMENTS. ANY DEPOSITION OF SILT OR MUD ON NEW OR EXISTING PAVEMENT OR IN EXISTING STORM SEWERS OR SWALES SHALL BE REMOVED AFTER EACH RAIN EVENT. AFFECTED AREAS SHALL BE CLEANED TO THE SATISFACTION OF THE OWNER, ALL AT THE EXPENSE OF THE CONTRACTOR. ALL TEMPORARY EROSION CONTROL SHALL BE REMOVED BY THE CONTRACTOR AFTER THE TURF IS ESTABLISHED. 4. ALL STREETS DISTURBED DURING WORKING HOURS MUST BE CLEANED AT THE END OF EACH WORKING DAY. A CONSTRUCTION ENTRANCE TO THE SITE MUST BE PROVIDED ACCORDING TO DETAILS TO REDUCE TRACKING OF DIRT ONTO PUBLIC STREETS. 5. WHEN INSTALLING END -OF -LINE FLARED END SECTIONS, BRING THE SILT FENCE UP & OVER THE FLARED END SECTIONS & COVER DISTURBED AREAS WITH RIP RAP. THE UPSTREAM FLARED END SECTIONS SHALL HAVE WOOD FIBER BLANKET INSTALLED ON THE DISTURBED SOILS. 6. ALL UNPAVED AREAS ALTERED DUE TO CONSTRUCTION ACTIVITIES MUST BE RESTORED WITH SEED AND MULCH, SOD, EROSION CONTROL BLANKET OR BE HARD SURFACE WITHIN 2 WEEKS OF COMPLETION OF CONSTRUCTION. 7. THE SITE MUST BE STABILIZED PER THE REQUIREMENTS OF THE MPCA, NPDES, MNDOT, AND CITY. A. TEMPORARY (GREATER THAN 1-YEAR) SEED SHALL BE MNDOT SEED MIX 22-111 AT 30.5-POUNDS PER ACRE. B. TEMPORARY (LESS THAN 1-YEAR) SEED SHALL BE MNDOT SEED MIX 21-112 (FALL) OR 21-111 (SPRING/SUMMER) AT 100-POUNDS PER ACRE C. GENERAL SEEDING SHALL BE MNDOT SEED MIX 25-151 AT 70-POUNDS PER ACRE. D. MULCH SHALL BE MNDOT TYPE 1 APPLIED AT 2-TONS PER ACRE. 9. FOR AREAS WITH SLOPE OF 3:1 OR GREATER, RESTORATION WITH SOD OR EROSION CONTROL BLANKET IS REQUIRED. 10. ALL TEMPORARY STOCKPILES MUST HAVE SILT FENCE INSTALLED AROUND THEM TO TRAP SEDIMENT. 11. ALL CONSTRUCTION SHALL CONFORM TO LOCAL AND STATE RULES INCLUDING THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS. 12. THE SITE MUST BE KEPT IN A WELL -DRAINED CONDITION AT ALL TIMES. THE CONTRACTOR SHALL BE RESPONSIBLE FOR TEMPORARY DITCHES, PIPING OR OTHER MEANS REQUIRED TO INSURE PROPER DRAINAGE DURING CONSTRUCTION. LOW POINTS IN ROADWAYS OR BUILDING PADS MUST BE PROVIDED WITH A POSITIVE OUTFLOW. 13. PUBLIC STREETS USED FOR HAULING SHALL BE KEPT FREE OF SOIL AND DEBRIS. STREET SWEEPING SHALL BE CONCURRENT WITH SITE WORK. 14. ALL WORK WITHIN THE CITY R.O.W. MUST CONFORM TO CURRENT CITY STANDARD SPECIFICATIONS. 1"=20' 0' 20' 40' 60' NOT FOR CONSTRUCTION DESIGNED: u V 0 HORIZONTAL SCALE:40' VERTICAL SCALE: 8' or 4' N (NJ 0 N N L) INITIAL ISSUE: REVISIONS: CLIENT REVISIONS C C C PREPARED FOR: LLWATER KDEN OF ST 2 1- O zz w2 zw W J > Q <0 uJ QO m a s a= cc d 0 as SHARI LYNN S. AHRENS 07/12/2022 LICENSE NO. STILLWATER, MN 0 vr• 5 0 O 72 3 > M L . o o'> u-) E 3 z o d ci ▪ Y - )C 0 C r ONO LD N LD • 00 MipM CORM COMM 000) NNW LnInco MOW a • L1 o x = aiiF c 0 g 3 z 0 zJ 00 V)I oz �0 w u N F- J z 0 z a_ SHEET NUMBER: C3.0 DATE: 07/12/2022 PROJECT NUMBER: 0020339.00 MIKDEN OF STILLWATER N:\0020339.00\DWG\CIVIL\0020339UT.DWG Rim Elev=9 2.43 Inv Elev=92:.68(SW)(18" Concrete) CORE DRILL CONNECTION TO EX. SAN MH 8" IE = 924.75 *Rini .E1e,..93J.32 Iri Elrv= 24.37 (N/S) 6" GV CONNECT TO EX. WM • REMOVE & REPLACE CURB & PAVEMENT FOR UTILITY CONNECTIONS PER CITY STANDARDS. 0 0 d NLET-107 (SEE NOTE 19) RE = 934.75 IE = 933.50 CTRAT1ON BASt1 -A• - BTM = 931.50 100 YR HWL - 933.75 EXTEND RIPRAP TO BOTTOM OF BASIN SAN. MH 1 RE = 936.22 INLET-108 (SEE NOTE 19) RE = 934.75 IE = 933.50 FES-104 IE = 932.00 6" PERFORATED DRAIN TILE t 4 141 LF - 8" SAN @ 0.52% 6" WM I 1 CB-105 RE = 934.75 IE = 932.23 OCS-103 RE = 933.00 IE = 930.03 HYD & SAN. MH 2 RE = 935.65 IE = 928.46 (S) IE = 926.28 (E,W) GV 87 LF - 8" S• AN @ 0.52% C�L6oa0. FFEE 629 SF FFE = 937.20 MH 102 RE = 935.18 IE (N) = 930.90 IE (W,S) = 929.64 Rim Elev=933.61 CBHM 101 RE = 933.88 IE = 929.26 REPLACE EX. CASTING WITH NEENAH R-4342 AT EXISTING RIM ELEVATION EX. STORM POND FINISH GRADE SLOPED SUBGRADE SECTION VARIES, SEE GRADING AND LANDSCAPE PLANS 100-YR HWL 933.40 FINISH GRADE 931.50 M ili11111111111IlI1111111111 1 3.1 INISH GRADE ANTI-WASH/GEOJUTE EROSION CONTROL FABRIC(MN/DOT 3883, TYPE 2) ON SIDESLOPES OF 3H:1V OR GREATER. ANCHOR FABRIC WITH SOD STAPLES AND PROVIDE 4" OVERLAP. TRENCH EDGES OF FABRIC TO PREVENT UNDERCUT. COVER WITH 4" DEPTH SHREDDED HARDWOOD MULCH THROUGHOUT. 18" DEPTH PLANTING SOIL MIX, UNCOMPACTED IN 6" LIFTS AND TILL 6" DEPTH INTO NATIVE SOILS. - 70% SAND, (5% PASSING THE #200 SIEVE, AND A MAXIMUM OF 60% PASSING THE #40 SIEVE.) - 30% ORGANIC (PEAT MOSS, HYPNUM OR SPHAGNUM) 1 CLAY LINER WITH MAX PERMEABILITY OF 1 X 10-6 cm/sec LINE BASIN TO 933.0 6" PVC SLOTTED DRAINTILE, ELEVATION MAY VARY IN AGGREGATE COARSE FILTER AGGREGATE (MNDOT 3149.2H) PRE-TREATMENT NOTES: 1. IF NO PRE-TREATMENT STORM STRUCTURE OR SUMP IS IDENTIFIED, PROVIDE SEDIMENT BASIN AT ALL INLETS WITH RIP RAP. VERIFY BASIN SIZE(3'X5'X1' DEEP MIN.) AND RIP RAP TYPE PER PLAN, AND/OR WITH ENGINEER/LANDSCAPE ARCHITECT. FINISH GRADE 3•� DRAINTILE/OVERFLOW SECTION L i DRAINTILE WITH POSITIVE DRAINAGE, CONNECT TO STORM SEWER OVERFLOW STORM SEWER MANHOLE OR CATCH BASIN. SEE STORM SEWER PLAN DRAINTILE VALVE IN STORM STRUCTURE, NOTES: 1. USE LOW IMPACT EARTH MOVING EQUIPMENT WITHIN THE BASIN AREA TO AVOID COMPACTION OF THE SOILS UNDER THE FILTRATION SYSTEM. 2. FINAL EXCAVATION OF THE FILTRATION BASIN AND INSTALLATION/INCORPORATION OF SOIL -MEDIA MIX MUST OCCUR IN DRY SOIL CONDITIONS TO PREVENT SMEARING AND COMPACTION. DO NOT WORK IN FILTRATION BASIN IF SOIL CONDITIONS ARE WET. 3. CARE MUST BE TAKEN TO AVOID CONTAMINATION OF SOIL MEDIA MIX WITH SEDIMENT, IN -SITU OR TOPSOIL DURING AND AFTER INSTALLATION. MATERIALS MUST BE SEGREGATED. 4. .DO NOT USE LOADER WITHIN THE BASIN TO EXCAVATE OR LACE SOIL AMENDMENT. LEVELING AND FINAL GRADING WITHIN THE BASIN MUST BE COMPLETED BY HAND. 5. IMMEDIATELY FOLLOWING BASIN CONSTRUCTION, THE BOTTOM AND SIDE SLOPES OF THE BASIN SHALL BE FULLY STABILIZED. TEMPORARY SILT FENCE SHALL BE INSTALLED AT THE TOP OF THE INFILTRATION BASIN SIDE -SLOPE AND AS REQUIRED AT THE BOTTOM OF THE SIDE -SLOPE OF THE INFILTRATION BASIN PERIMETER. EROSION CONTROL BLANKET ALONG SIDES AND BOTTOM. TEMPORARY EROSION CONTROL TO REMAIN UNTIL THE DRAINAGE AREA IS STABILIZED WITH FINAL IMPROVEMENTS. 6. FILTRATION RATE OF RAIN GARDEN TO BE DRY WITHIN 48 HOUR PERIOD. 7. SEE LANDSCAPE PLAN FOR ADDITIONAL INFO ON MULCH AND PLANTINGS. 8. CONTRACTOR SHALL SUBMIT PRODUCT INFO/SAMPLE FOR APPROVAL PRIOR TO INSTALLATION INVOLVING: SOIL, DRAINTILE, AGGREGATE, FILTER FABRIC, AND EROSION CONTROL FABRIC. N.T.S. Westwood TYPICAL FILTRATION / RAIN GARDEN LAST REVISED: 05/26/22 GD37 ?6LF Ak1 7.0( is - STM EX. FES 925.75 (PER RECORD PLAN) 0 DOWN SPOUT IE = 931.85 IE=931.57 39 LF - 8" @2.0% ?VC 28" IE 6" C SAN. S. 4 TUB = 926. WM S V 3 TUB Rim Elev=933.43 (full of leaves) Rim Elev. (full of lec CONSTRUCT CBMH OVER EXISTING 18" STM CBHM 100 RE = 933.75 IE (W) = 929.00 EX. IE = 928.46 (PER RECORD PLAN) UTILITY LEGEND EXISTING PROPOSED SAN FM STO WAT FM PO PO WAT ( I} GAS PUG POH TUG TOH FO CTV DT GAS PUG POH TOH TOH FO CTV Po Po GENERAL UTILITY NOTES PROPERTY LINE EASEMENT LINE CURB AND GUTTER SANITARY SEWER SANITARY SEWER FORCE MAIN STORM SEWER WATER MAIN HYDRANT GAS UNDERGROUND ELECTRIC OVERHEAD ELECTRIC UNDERGROUND TELEPHONE OVERHEAD TELEPHONE TELEPHONE FIBER OPTIC CABLE TELEVISION DRAIN TILE GATE VALVE FLARED END SECTION (WITH RIPRAP) LIGHT POLE Call 48 Hours before digging: 811 or cal1811.com Common Ground Alliance 1. THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS ARE BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES AND LIMITED MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION SHALL NOT BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR SHALL VERIFY EXISTING CONDITIONS PRIOR TO CONSTRUCTION AND NOTIFY THE OWNER OR ENGINEER OF DISCREPANCIES. 2. ALL SANITARY SEWER, STORM SEWER AND WATER MAIN MATERIAL AND INSTALLATIONS SHALL BE PER CITY REQUIREMENTS, MINNESOTA PLUMBING CODE, AND IN ACCORDANCE WITH THE CURRENT EDITION OF "STANDARD SPECIFICATIONS FOR WATER MAIN AND SERVICE LINE INSTALLATION AND SANITARY SEWER AND STORM SEWER INSTALLATION" AS PREPARED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA. 3. PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL OBTAIN THE NECESSARY FEDERAL, STATE AND LOCAL PERMITS FOR THE PROPOSED WORK OR VERIFY WITH THE OWNER OR ENGINEER THAT PERMITS HAVE BEEN OBTAINED. PERMIT FEES SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR UNLESS OTHERWISE ARRANGED WITH THE OWNER. 4. CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATION AND DIMENSIONS OF DOORWAYS, RAMPS, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY CONNECTION LOCATIONS. 5. ALL PRIVATE UTILITIES SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE SPECIFICATIONS OF THE APPROPRIATE UTILITY COMPANY. THE CONTRACTOR SHALL COORDINATE THE SERVICE LINE CONSTRUCTION WITH THE UTILITY COMPANIES. 6. CONTRACTOR SHALL OBTAIN ALL NECESSARY CITY PERMITS FOR UTILITY CONNECTIONS, AND UTILITIES SHALL BE INSPECTED AND APPROVED BY THE CITY. THE CITY SHALL BE NOTIFIED 48-HOURS PRIOR TO COMMENCING WITH THE UTILITY CONSTRUCTION OR ANY REQUIRED TESTING. CONTRACTOR SHALL NOT OPERATE, INTERFERE WITH, CONNECT ANY PIPE OR HOSE TO, OR TAP ANY WATER MAIN BELONGING TO THE CITY UNLESS DULY AUTHORIZED TO DO SO BY THE CITY. ANY ADVERSE CONSEQUENCES OF SCHEDULED OR UNSCHEDULED DISRUPTIONS OF SERVICE TO THE PUBLIC ARE TO BE THE RESPONSIBILITY OF THE CONTRACTOR. 7. WATER MAIN LENGTHS AS SHOWN ARE APPROXIMATE HORIZONTAL LENGTHS. ALLOW FOR ADDITIONAL PIPE WHEN INSTALLING ON SLOPES OR WHEN DEFLECTIONS ARE REQUIRED. THE JOINT DEFLECTIONS SHALL NOT EXCEED THE MAXIMUM RECOMMENDED BY THE PIPE MANUFACTURER OR BY LOCAL GOVERNING SPECIFICATIONS. FITTINGS REQUIRED TO CONSTRUCT WATER MAIN SHALL BE INCLUDED IN WATER MAIN CONSTRUCTION. 8. PROVIDE WATER MAIN THRUST RESTRAINTS PER CITY STANDARD REQUIREMENTS. 9. A MINIMUM VERTICAL SEPARATION OF 18 INCHES IS REQUIRED AT ALL WATER LINE CROSSINGS WITH SANITARY SEWER OR STORM SEWER. THE WATER LINE SHALL NOT HAVE JOINTS OR CONNECTION WITHIN 10-FEET OF THE CROSSING. INSULATE CROSSINGS WITH STORM SEWER. 10. UTILITY SERVICES TYPICALLY TERMINATE 5' OUTSIDE BUILDING WALL UNLESS OTHERWISE SHOWN OR NOTED. 11. DUCTILE IRON WATER LINES SHALL BE CLASS 52, PER AWWA C115 OR C151. COPPER WATER LINES SHALL BE TYPE K PER ASTM B88. PVC WATER LINES SHALL BE PER AWWA C900 AND INSTALLED PER AWWA C605 IF ALLOWED BY CITY. 12. ALL WATER LINES SHALL HAVE 8' MINIMUM COVER. INSULATE WATER MAIN IF LESS THAN 8' OF COVER. INSULATION SHALL BE DOW STYROFOAM HI BRAND 35 OR EQUIVALENT, WITH 4 INCHES OF THICKNESS. 13. SANITARY SEWER PIPE OUTSIDE THE BUILDING ENVELOPE SHALL BE POLYVINYL CHLORIDE (PVC) SDR 35 OR 26. SDR 26 IS REQUIRED FOR DEPTHS GREATER THAN 15 FEET. SANITARY SEWER PIPE WITHIN 5 FEET OF THE BUILDING AND UNDER FOOTINGS SHALL BE SCHEDULE 40 PER ASTM D2665. ALL PLASTIC SANITARY SEWER SHALL BE INSTALLED PER D2321. SOLVENT WELD JOINTS MUST INCLUDE USE OF A PRIMER WHICH IS OF A CONTRASTING COLOR TO THE PIPE AND CEMENT. ALL SANITARY SEWER SHALL BE TESTED ACCORDING TO MINNESOTA PLUMBING CODE, PART 712.0. 14. STORM SEWER PIPE: A. RCP AND HDPE PIPE MAY BE INSTALLED WITH APPROVAL OF LOCAL GOVERNING AGENCY. A.A. STORM SEWER PIPE IN PUBLIC STREETS TO BE RCP. B. REINFORCED CONCRETE PIPE SHALL BE CLASS 5 FOR PIPE DIAMETERS 18" AND SMALLER, CLASS 3 FOR PIPE DIAMETERS 21" AND LARGER UNLESS OTHERWISE NOTED, PER ASTM C76, WITH GASKETS PER ASTM C443. C. HDPE STORM PIPE 4- TO 10-INCHES IN DIAMETER SHALL MEET REQUIREMENTS OF AASHTO M252. HDPE STORM PIPE 12- TO 60-INCHES IN DIAMETER SHALL MEET REQUIREMENTS OF ASTM F2306. FITTINGS SHALL BE PER ASTM D3212 AND INSTALLED PER ASTM D2321. D. PVC STORM SEWER PIPE AND FITTINGS SHALL BE SCHEDULE 40 PIPE PER ASTM D2665 AND INSTALLED PER ASTM D2321. E. CORRUGATED METAL PIPE (CMP) FOR SIZES 18- TO 120-INCH AND MUST MEET ASTM A760 OR ASTM A796 AND BE INSTALLED PER ASTM A798. CMP MAY NOT BE INSTALLED WITHIN 10-FEET OF A WATERMAIN, WATER SERVICE, OR A BUILDING. F. ALL STORM SEWER JOINTS AND STRUCTURE CONNECTIONS SHALL BE GASTIGHT OR WATERTIGHT AS REQUIRED BY MINNESOTA PLUMBING CODE, PART 707.3. STORM SEWER LOCATED WITHIN 10-FEET OF A BUILDING AND/OR WATER LINE SHALL BE TESTED PER MINNESOTA PLUMBING CODE, PART 712. 15. ALL NONCONDUCTIVE PIPE SHALL BE INSTALLED WITH A LOCATE (TRACER) WIRE PER MINNESOTA RULES, PART 7560.0150. 16. AFTER CONSTRUCTION IS COMPLETED, THE CONTRACTOR SHALL PROVIDE THE OWNER WITH AN AS -BUILT RECORD OF UTILITY CONSTRUCTION. THE AS -BUILT SHALL INCLUDE LOCATION AND LENGTH DEVIATIONS OR CHANGES TO THE PLAN. CONTRACTOR TO VERIFY WITH OWNER OR ENGINEER WHETHER A PLAN WITH POST -CONSTRUCTION ELEVATIONS IS REQUIRED. 17. ALL MANHOLE CASTINGS IN PAVED AREAS SHALL BE SUMPED 0.05 FEET. RIM ELEVATIONS ON PLAN REFLECT THE SUMPED ELEVATIONS. 18. ALL CATCH BASIN CASTINGS IN CURB SHALL BE SUMPED 0.15 FEET AND MANHOLE CASTINGS IN PAVED AREAS SHALL BE SUMPED 0.05 FEET. RIM ELEVATIONS ON PLAN REFLECT THE SUMPED ELEVATIONS. 19. BASIN A INLETS TO BE RAIN GUARDIAN BUNKER, OR APPROVED EQUAL. 1"=20 0' 20' 40' 60' NOT FOR CONSTRUCTION DESIGNED: 0 Y lJ 0 z cc cc 0 HORIZONTAL SCALE:40' VERTICAL SCALE: 8' or 4' INITIAL ISSUE: REVISIONS: CLIENT REVISIONS C CITY COMMENTS C C C PREPARED FOR: LLWATER KDEN OF ST 2 SHARI LYNN S. AHRENS 07/12/2022 LICENSE NO. STILLWATER, MN -a 0 0 r 3 0) >M L Tr coCi L � -U'E 3▪ 2 c - y m 0 c c N r2 ONO IA N U) wow COMM rnrnrn NNW rnrno 31 To _o 1 SHEET NUMBER: C5.O DATE: 07/12/2022 PROJECT NUMBER: 0020339.00 MIKDEN OF STILLWATER a) V n 0 .� 4- 0 -0 0 0 a� N N O N:\0020339.00\DWG\CIVIL\0020339LP.DWG 0- 933.32 24.37 (N/S) lla 0- 0 PLANT SCHEDULE CODE • • QTY COMMON d 0y llv1S GV3HV 213a210 llV1S GV3HV 2134210 1-V.LS _Alt • I Imam II 1IVM 629 SFOPPER 7.20 a BOTANICAL NAME SIZE ROOT SPACING OVERSTORY TREE 6 DCE BOL IMH DISCOVERY ELM BOULEVARD LINDEN IMPERIAL HONEYLOCUST ULMUS DAVIDIANA VAR. JAPONICA 'DISCOVERY' TILIA AMERICANA 'BOULEVARD' GLEDITSIA TRIACANTHOS VAR. INERMIS 'IMPCOLE' 2.5" CAL. 2.5" CAL. 2.5" CAL. B&B B&B B&B AS SHOWN AS SHOWN AS SHOWN DECIDUOUS SHRUB 32 JWS DBH ANH DBB JAPANESE WHITE SPIREA DWARF BUSH HONEYSUCKLE ANNABELLE HYDRANGEA DWARF WINGED EUONYMUS SPIRAEA ALBIFLORA DIERVILLA LONICERA HYDRANGEA ARBORESCENS 'ANNABELLE' EUONYUS ALATUS 'COMPACTUS' #5 #5 #5 #5 CONT. CONT. CONT. CONT. 3'-X" O.C. 3'-X" O.C. 4'-X" O.C. 4'-X" O.C. CONIFEROUS SHRUB 38 BNS HMA MJJ BIRD'S NEST SPRUCE HOLMSTRUP ARBORVITAE MINT JULEP JUNIPER PICEA ABIES 'NIDIFORMIS' THUJA OCCIDENTALIS 'HOLMSTRUP' JUNIPERUS CHINENSIS 'MONLEP' #5 #5 #5 CONT. CONT. CONT. 5'-0" O.C. 3'-0" O.C. 5'-0" O.C. PERENNIALS 120 ICD BJ D MNS KFG ICE CARNIVAL DAYLILY BAJA DAYLILY MAY NIGHT SALVIA KARL FOERSTER FEATHER REED GRASS HEMEROCALLIS 'ICE CARNIVAL' HEMEROCALLIS 'BAJA' SALVIA X NEMOROSA 'MAY NIGHT CALAMAGROSTIS X ACUTIFLORA 'KARL FOERSTER' #1 #1 #1 #1 CONT. CONT. CONT. CONT. 18" O.C. 18" O.C. 18" O.C. 24" O.C. ABBREVIATIONS: B&B = BALLED AND BURLAPPED CAL. = CALIPER HT. = HEIGHT MIN. =MINIMUM O.C. = ON CENTER SP. = SPREAD QTY .= QUANTITY CONT. = CONTAINER NOTE: QUANTITIES ON PLAN SUPERSEDE LIST QUANTITIES IN THE EVENT OF A DISCREPANCY. LANDSCAPE LEGEND °0OO+ c(k7c,',) OVERSTORY DECIDUOUS TREE ORNAMENTAL TREE SHRUBS / VINES PERENNIALS EDGER LANDSCAPE KEYNOTES Q A SHREDDED HARDWOOD MULCH (TYP.) B EDGER (TYP.) C SOD (TYP.) D EXISTING TREE TO REMAIN (TYP.) • \ REMOVE CONTAINER, SCARIFY SIDES, AND SET SOIL MASS ON COMPACTED SOIL BASE MOUND, MATCHING SHRUBS NATURAL GROUNDLINE WITH FINISHED GRADE MULCH AS SPECIFIED (AND FILTER FABRIC, AS INDICATED) EDGING AT PLANTING BEDS, AS SPECIFIED, ADJACENT TO LAWN AREAS SCARIFY SIDES AND BOTTOM OF HOLE. DEPTH PER CONTAINER SOIL DEPTH BACKFILL PLANT PIT WITH SPECIFIED PLANTING SOIL OR AS APPROVED SET CONTAINER ROOT SOIL ON UNDISTURBED SUBSOIL OR MILD COMPACTED SOIL FOR DEPTH TO MATCH FINISH GRADE N.T.S. Westwood SHRUB & PERENNIAL CONTAINER PLANTING LAST REVISED: 10/23/18 LA27-C PRUNE OUT MISDIRECTED BRANCHES. PROVIDE ONE CENTRAL LEADER. GUYING AND STAKING, AS REQUIRED, FOR ONE (1) YEAR ON ALL DECIDUOUS AND CONIFEROUS TREES: TOP STAKES 5' ABOVE GROUND (MAX.) OR TO FIRST BRANCH. BOTTOM OF STAKE 3' (MIN.) BELOW GROUND. STAKING POSTS TO BE 2"X2" STAINED WOOD OR PAINTED STEEL DELINEATOR POSTS. PLACE 3 POSTS EQUIDISTANT AROUND AND OUTSIDE ROOT BALL. SECURE TREE TO POSTS WITH 16" LONG POLYPROPYLENE OR POLYETHYLENE, 40 MIL., 1.5" WIDE STRAP. TREE WRAP MATERIAL FROM GROUNDLINE UPWARD TO FIRST BRANCHES, AS REQUIRED. PLACE MULCH, DEPTH AS SPECIFIED, OVER PLANT PITS - DO NOT PILE AGAINST TRUNK. FORM 3" DEEP WATERING BASIN. BACKFILL PLANT PIT WITH SPECIFIED BACKFILL SOIL. REFER TO AMERICAN STANDARD FOR NURSERY STOCK FOR MINIMUM BALL SIZE. ROOT FLARE TO BE PLANTED AT OR NEAR FINISHED GROUNDLINE. SCARIFY SIDES AND BOTTOM OF HOLE. SET ROOT BALL ON UNDISTURBED SUBSOIL OR COMPACTED SOIL MOUND MATCHING TREES NATURAL GROUNDLINE WITH FINISHED SITE GRADE. N.T.S. Westwood DECIDUOUS TREE PLANTING LAST REVISED: 10/19/18 LA28 1"=20' 0' 20' 40' 60' Call 48 Hours before digging: 811 or cal1811.com Common Ground Alliance PLANTING NOTES 1. CONTRACTOR SHALL CONTACT COMMON GROUND ALLIANCE AT 811 OR CALL811.COM TO VERIFY LOCATIONS OF ALL UNDERGROUND UTILITIES PRIOR TO INSTALLATION OF ANY PLANTS OR LANDSCAPE MATERIAL. 2. ACTUAL LOCATION OF PLANT MATERIAL IS SUBJECT TO FIELD AND SITE CONDITIONS. 3. NO PLANTING WILL BE INSTALLED UNTIL ALL GRADING AND CONSTRUCTION HAS BEEN COMPLETED IN THE IMMEDIATE AREA. 4. ALL SUBSTITUTIONS MUST BE APPROVED BY THE LANDSCAPE ARCHITECT PRIOR TO SUBMISSION OF ANY BID AND/OR QUOTE BY THE LANDSCAPE CONTRACTOR. 5. CONTRACTOR SHALL PROVIDE TWO YEAR GUARANTEE OF ALL PLANT MATERIALS. THE GUARANTEE BEGINS ON THE DATE OF THE LANDSCAPE ARCHITECT'S OR OWNER'S WRITTEN ACCEPTANCE OF THE INITIAL PLANTING. REPLACEMENT PLANT MATERIAL SHALL HAVE A ONE YEAR GUARANTEE COMMENCING UPON PLANTING. 6. ALL PLANTS TO BE SPECIMEN GRADE, WISCONSIN-GROWN AND/OR HARDY. SPECIMEN GRADE SHALL ADHERE TO, BUT IS NOT LIMITED BY, THE FOLLOWING STANDARDS: ALL PLANTS SHALL BE FREE FROM DISEASE, PESTS, WOUNDS, SCARS, ETC. ALL PLANTS SHALL BE FREE FROM NOTICEABLE GAPS, HOLES, OR DEFORMITIES. ALL PLANTS SHALL BE FREE FROM BROKEN OR DEAD BRANCHES. ALL PLANTS SHALL HAVE HEAVY, HEALTHY BRANCHING AND LEAFING. CONIFEROUS TREES SHALL HAVE AN ESTABLISHED MAIN LEADER AND A HEIGHT TO WIDTH RATIO OF NO LESS THAN 5:3. 7. PLANTS TO MEET AMERICAN STANDARD FOR NURSERY STOCK (ANSI Z60.1-2014 OR MOST CURRENT VERSION) REQUIREMENTS FOR SIZE AND TYPE SPECIFIED. 8. PLANTS TO BE INSTALLED AS PER WILA & ANSI STANDARD PLANTING PRACTICES. 9. PLANTS SHALL BE IMMEDIATELY PLANTED UPON ARRIVAL AT SITE. PROPERLY HEEL -IN MATERIALS IF NECESSARY; TEMPORARY ONLY. 10. PRIOR TO PLANTING, FIELD VERIFY THAT THE ROOT COLLAR/ROOT FLAIR IS LOCATED AT THE TOP OF THE BALLED & BURLAP TREE. IF THIS IS NOT THE CASE, SOIL SHALL BE REMOVED DOWN TO THE ROOT COLLAR/ROOT FLAIR. WHEN THE BALLED & BURLAP TREE IS PLANTED, THE ROOT COLLAR/ROOT FLAIR SHALL BE EVEN OR SLIGHTLY ABOVE FINISHED GRADE. 11. OPEN TOP OF BURLAP ON BB MATERIALS; REMOVE POT ON POTTED PLANTS; SPLIT AND BREAK APART PEAT POTS. 12. PRUNE PLANTS AS NECESSARY - PER STANDARD NURSERY PRACTICE AND TO CORRECT POOR BRANCHING OF EXISTING AND PROPOSED TREES. 13. WRAP ALL SMOOTH -BARKED TREES - FASTEN TOP AND BOTTOM. REMOVE BY APRIL 1ST. 14. STAKING OF TREES AS REQUIRED; REPOSITION, PLUMB AND STAKE IF NOT PLUMB AFTER ONE YEAR. 15. THE NEED FOR SOIL AMENDMENTS SHALL BE DETERMINED UPON SITE SOIL CONDITIONS PRIOR TO PLANTING. LANDSCAPE CONTRACTOR SHALL NOTIFY LANDSCAPE ARCHITECT FOR THE NEED OF ANY SOIL AMENDMENTS. 16. BACKFILL SOIL AND TOPSOIL TO ADHERE TO WIS/DOT STANDARD SPECIFICATION (SELECT TOPSOIL BORROW) AND TO BE EXISTING TOP SOIL FROM SITE FREE OF ROOTS, ROCKS LARGER THAN ONE INCH, SUBSOIL DEBRIS, AND LARGE WEEDS UNLESS SPECIFIED OTHERWISE. MINIMUM 4" DEPTH TOPSOIL FOR ALL LAWN GRASS AREAS AND 12" DEPTH TOPSOIL FOR TREE, SHRUBS, AND PERENNIALS. 17. PROVIDE A MINIMUM OF 4" TOPSOIL IN LAWN AREAS AND 12" TOPSOIL IN LANDSCAPE BEDS. ADD SOIL AMENDMENTS FOR OPTIMUM PLANT GROWTH. ALL PARKING ISLAND GRADES SHALL HAVE A SIGNIFICANT CROWN. 18. MULCH TO BE AT ALL TREE, SHRUB, PERENNIAL, AND MAINTENANCE AREAS. TREE AND SHRUB PLANTING BEDS SHALL HAVE 4" DEPTH OF SHREDDED HARDWOOD MULCH. SHREDDED HARDWOOD MULCH TO BE USED AROUND ALL PLANTS WITHIN TURF AREAS. PERENNIAL AND ORNAMENTAL GRASS BEDS SHALL HAVE 2" DEPTH SHREDDED HARDWOOD MULCH. SINGLE TREE AND SHRUB PLANTINGS SHALL HAVE A 4" DEPTH SHREDDED HARDWOOD MULCH RING AROUND EACH BASE. DECIDUOUS PLANT MATERIAL SHALL HAVE A MINIMUM 3' DIAMETER RING, EVERGREEN PLANT MATERIAL SHALL HAVE A RING TO THE DRIP LINE. MULCH TO BE FREE OF DELETERIOUS MATERIAL AND MULCH TO BE ON COMMERCIAL GRADE FILTER FABRIC, BY TYPAR, OR APPROVED EQUAL WITH NO EXPOSURE. MULCH AND FABRIC TO BE APPROVED BY OWNER PRIOR TO INSTALLATION. MULCH TO MATCH EXISTING CONDITIONS (WHERE APPLICABLE). 19. EXISTING TREES AND SHRUBS, AROUND THE SITE, SHALL BE PRUNED TO REMOVE DEAD OR UNDESIRABLE LIMBS AND TO SHAPE PLANT FOR DESIRABLE APPEARANCE AND COMPLETED BY A QUALIFIED INDIVIDUAL. CONTRACTOR TO CLEAR AND GRUB EXISTING VEGETATION AND DISPOSE OF ALL REMOVALS OFF -SITE PER PROJECT IMPROVEMENTS. 20. EDGING TO BE COMMERCIAL GRADE VALLEY -VIEW BLACK DIAMOND (OR EQUAL) POLY EDGING OR SPADED EDGE, AS INDICATED. POLY EDGING SHALL BE PLACED WITH SMOOTH CURVES AND STAKED WITH METAL SPIKES NO GREATER THAN 4 FOOT ON CENTER WITH BASE OF TOP BEAD AT GRADE, FOR MOWERS TO CUT ABOVE WITHOUT DAMAGE. UTILIZE CURBS AND SIDEWALKS FOR EDGING WHERE POSSIBLE. SPADED EDGE TO PROVIDE V-SHAPED DEPTH AND WIDTH TO CREATE SEPARATION BETWEEN MULCH AND GRASS. INDIVIDUAL TREE, SHRUB, OR RAIN -GARDEN BEDS TO BE SPADED EDGE, UNLESS NOTED OTHERWISE. EDGING TO MATCH EXISTING CONDITIONS (WHERE APPLICABLE). 21. ALL DISTURBED AREAS TO BE SODDED, UNLESS OTHERWISE NOTED. PARKING LOT ISLANDS TO BE SODDED WITH SHREDDED HARDWOOD MULCH AROUND ALL TREES AND SHRUBS. SOD TO BE STANDARD MINNESOTA GROWN AND HARDY BLUEGRASS MIX, FREE OF LAWN WEEDS. ALL TOPSOIL AREAS TO BE RAKED TO REMOVE DEBRIS AND ENSURE DRAINAGE. SLOPES OF 3:1 OR GREATER SHALL BE STAKED. SEED AS SPECIFIED AND PER MN/DOT SPECIFICATIONS. IF NOT INDICATED ON LANDSCAPE PLAN, SEE EROSION CONTROL PLAN. 22. PROVIDE IRRIGATION TO ALL PLANTED AREAS ON SITE. IRRIGATION SYSTEM TO BE DESIGN/BUILD BY LANDSCAPE CONTRACTOR. SEE PLAN FOR LIMITS OF IRRIGATION. LANDSCAPE WITHIN LANDSCAPE/IRRIGATION DASHED LINE TO BE IRRIGATED FROM BUILDING. LANDSCAPE CONTRACTOR TO PROVIDE SHOP DRAWINGS TO LANDSCAPE ARCHITECT FOR APPROVAL PRIOR TO INSTALLATION OF IRRIGATION SYSTEM. CONTRACTOR TO WATER PLANT MATERIAL DURING INSTALLATION AND DURING ESTABLISHMENT PERIOD. OWNER WILL NOT PROVIDE WATER FOR CONTRACTOR. VOLUME OF WATER TO BE PER PLANT REQUIREMENT FOR ESTABLISHMENT AND NORMAL GROWTH. CONTRACTOR TO PROVIDE OPERATION MANUALS, AS -BUILT PLANS, AND NORMAL PROGRAMMING. SYSTEM SHALL BE WINTERIZED AND HAVE SPRING STARTUP DURING FIRST YEAR OF OPERATION. SYSTEM SHALL HAVE ONE-YEAR WARRANTY ON ALL PARTS AND LABOR. ALL INFORMATION ABOUT INSTALLATION AND SCHEDULING CAN BE OBTAINED FROM THE GENERAL CONTRACTOR. 23. REPAIR, REPLACE, OR PROVIDE SOD/SEED AS REQUIRED FOR ANY ROADWAY BOULEVARD AREAS ADJACENT TO THE SITE DISTURBED DURING CONSTRUCTION. 24. REPAIR ALL DAMAGE TO PROPERTY FROM PLANTING OPERATIONS AT NO COST TO OWNER. 25. VERIFY ALL LANDSCAPE IMPROVEMENTS WITH REMOVALS AND SITE WORK. 26. ALL DISTURBED LANDSCAPED AREAS, NOT INDICATED AS PLANTING BEDS, ARE TO BE SODDED, UNLESS NOTED OTHERWISE. SOD IS TO BE PRIMARILY KENTUCKY BLUEGRASS, FREE OF LAWN GRASS WEEDS. MATCH INTO EXISTING, AS APPLICABLE. ANCHOR SOD ON SLOPED OR POTENTIAL EROSION AREAS, OR AS REQUIRED. 27. CONTRACTOR TO VERIFY PLANTS REQUIRED AS REFLECTED ON PLAN, NOTIFY LANDSCAPE ARCHITECT IF PLAN AND SCHEDULE DO NOT MATCH. ALL PLANT MATERIAL TO ADHERE TO THE AMERICAN STANDARD FOR NURSERY STOCK, LATEST VERSION. ADD FERTILIZER, HERBICIDE, AND PESTICIDE AS NECESSARY FOR OPTIMUM GROWTH. NOT FOR CONSTRUCTION DESIGNED: 0 Y 0 z cc 0 HORIZONTAL SCALE:40' VERTICAL SCALE: 8' or 4' INITIAL ISSUE: REVISIONS: CLIENT REVISIONS CITY COMMENTS NCV CV N 0 0 N N m r. 0 0 0 C C C C PREPARED FOR: LLWATER KDEN OF ST 2 JEFFERY R. WESTENDORF co O 07/12/2022 LICENSE NO. STILLWATER, MN 0 0 a) 3 0 > . ci co L U.) E �Z8 32 w 0C c c N 2 0 N 0 IA N UJ iCO i COCOCO rnrnrn LOCO SHEET NUMBER: L1.0 DATE: 07/12/2022 PROJECT NUMBER: 0020339.00 MIKDEN OF STILLWATER illw*i THE BIRTHPLACE OFMINNESOTA DATE: July 26, 2022 TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works RE: Approval of Engineering Services 72nd Street Road and Trail Improvement Project 2022-04 DISCUSSION The City solicited Request for Proposals for Engineering Services for the 72nd Street Road and Trail Improvement Project. The project consists of a new asphalt street and trail from Northland Avenue to 2100 feet west to the east end of the Liberty Development. The proposal included services for feasibility study, and design and construction services. Four proposals were received with cost ranging from $135,143.00-$244,817.00 and upon review, Bolton and Menk at the price of $135,143.00 was selected for the engineering services. RECOMMENDATION Staff recommends Council approve the engineering services of Bolton and Menk for the 72nd Street Road and Trail Improvement Project. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2022- , ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR ENGINEERING SERVICES FOR 72ND STREET ROAD AND TRAIL IMPROVEMENT PROJECT City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR ENGINEERING SERVICES FOR THE 72ND STREET ROAD AND TRAIL IMPROVEMENTS PROJECT (PROJECT 2022-04) WHEREAS, the City solicited proposals to provide engineering services for the 72nd Street Road and Trail Improvements Project and four proposals have been received. WHEREAS, the proposal from Bolton and Menk represents the best fit for the project based upon the scope of services requested by the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Bolton And Menk in the name of the City of Stillwater for engineering services for 72nd Street Road and Trail Improvements Project. Adopted by the City Council this 26th day of July 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 26th day of July , 20 22 , by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Bolton & Menk , 3507 High Point Dr. N., Bldg. 1-Ste E130 , Oakdale, MN 55128 ("Consultant"). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Services under this agreement, are generally described as: 72nd Road and Trail Improvement WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal dated 7/15/22 , incorporated herein as Exhibit A; b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. 2. PAYMENT. a. City agrees to pay and Consultant agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Consultant shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended only upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 1 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Shawn Sanders , to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Jake Guzik , to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are 2 caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Shawn Sanders Or e-mailed: ssanders@ci.stillwater.mn.us If to Consultant: Bolton & Menk 3507 High Point Dr. N., Bldg. 1-Ste E130 Oakdale, MN 55128 Attention: Jake Guzik Or e-mailed: jacob.guzik@bolton-menk.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. 3 a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving parry's rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. £ Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: CONSULTANT By: Its: Date: 4 City of Stillwater July 15, 2022 ERR rF�y�31,. 4 fi'X • -, r r. y� • 44,#+' '• yfi�_ ''A..jI,r25rL:•;,L�.•.. +ti !llwatei THE BIRTH PLACE OF MINNESOTA PROPOSAL FOR 72N0 STREET ROAD AND TRAIL IMPROVEMENTS Contact: Jake Guzik, PE 612-965-2021 Jacob.Guzik@bolton-menk.com 3507 High Point Drive North I Bldg. 1 - Suite E130 I Oakdale, MN 55128 651-704-9970 I Bolton-Menk.com 24 BOLTON & MENK Real People. Real Solutions. July 15, 2022 Shawn Sanders Director of Public Works 216 North Fourth Street Stillwater, MN 55082 ssanders@ci.stillwater.mn.us RE: Proposal for 72"d Street Road and Trail Improvement Dear Shawn Sanders: 3507 High Point Drive North I Bldg. 1 - Suite E130 1 Oakdale, MN 55128 651-704-9970 I Bolton-Menk.com The City of Stillwater has initiated the 72"d Street Road and Trail Improvement to pave the city's last remaining gravel road, reconstruct a portion east of Mid Oaks Avenue, and add a trail. This project will improve the flow and safety of vehicle and pedestrian traffic which has increased in recent years. Like you, Bolton & Menk, Inc. takes great pride in designing and managing projects that are safe, sustainable, and functional. We understand what needs to be accomplished for the successful completion of the 72"d Street Road and Trail Improvement. TRUSTED EXPERIENCE Bolton & Menk brings a strong background in municipal engineering. The City of Stillwater is familiar with me and has also worked with our trenchless services, environmental, and planning services groups. Our strength is derived from our talented and experienced staff, extensive project experience, and relationships with governmental and regulatory agencies. Our team has extensive experience on similar projects completed throughout the metro and near the St. Croix valley area. By hiring us, you can be sure the 72"d Street Road and Trail Improvements will be a safe, sustainable, and beautiful project enjoyed by residents for many years to come. We are passionate about seeing this through. EFFICIENT DESIGN TEAM Choosing Bolton & Menk ensures the City of Stillwater receives great value for every dollar spent. Proactive problem -solving keeps small things small. As your project manager, I will play an active role in the project's progress and maintain communication with city staff. Isiah Bubany will serve as the design engineer, bringing his design and field experience to the project's planned production. Isiah and I have worked together on several projects, including a similar project earlier this year. In continued service to the City of Stillwater, we are excited at the opportunity to complete the 72"d Street Road and Trail Improvement. I will serve as your lead client contact and project manager. Please contact me at 612-965-2021 or Jacob.Guzik@bolton-menk.com if you have any questions regarding our proposal. Respectfully submitted, BjIton & Menk, A. c. ke Guzik, PE Project Manager KEY PERSONNEL 0 Bolton & Menk understands the importance of developing design solutions that can be supported by stakeholders and implemented efficiently. We have provided a brief background and description of key individual roles. These individuals have track records of successful projects and, just as importantly, are enthusiastic and committed to meeting and exceeding your expectations. We can provide detailed resumes of all personnel upon request. JAKE GUZIK, PE Project Manager/Design Jake will oversee all aspects of the project and will serve as your primary point of contact. Jake is a project engineer/manager responsible for various aspects of the design and construction process for municipal and site development projects. He has worked on many municipal projects consisting of roadway design, including municipal state aid design and utilities such as sanitary sewer, water main, and storm sewer. He completes project planning, design, preparation of construction plans and specifications, and overall project management. His design experience includes preliminary and final design, preliminary layout and design, preparation of feasibility reports, preparation of construction plans and specifications, preparation of quantity take -offs and cost estimates, and project documentation. In addition to his design experience, Jake has experience providing construction administration services on various projects. ISIAH BUBANY, EIT Design Construction and Inspection Isiah will work closely with Jake to complete the preliminary and final project design and construction inspection. Isiah is a design engineer who began his career in 2019. His experience includes preliminary and final design using AutoCAD Civil 3D, preparation of cost estimates, preliminary reports, and construction project representative duties on reconstruction and utility improvement projects. He has gained expertise in inspecting utility improvements for mainline sewer and services as well as GPS collection of structures. He is passionate about hands-on learning experiences that allow him to be outside on job sites. TIM OLSON, PE, CFM Water Resources Tim will manage all water resource needs for the city including permitting with the watershed district. Tim is a principal water resources engineer who joined Bolton & Menk in 2006. His experience includes project management in both design and construction of complex water resources and environmentally sensitive projects. He specializes in comprehensive surface water management planning, innovative best management practice design, hydrologic and hydraulic modeling, drainage design and construction plan review, and NPDES Phase I & II MS4 and construction stormwater permitting requirements. He couples GIS techniques with water resources design and analysis. Tim has a passion for stormwater and water quality education and participates in several stormwater- related steering committees and stakeholder groups. He enjoys facilitating partnerships, developing new relationships, and collaborating with stakeholders to define a common vision and work toward shared goals. CONFLICT OF INTEREST Our team recognizes the importance of our client relationships and is committed to working with all our clients to minimize actual or perceived conflicts. We do not believe an actual or perceived conflict of interest associated with this project exists at this time. 72"'_- -treet-Road and Trail Imppoiiem•Onts I City of Stillwater, MN METHODOLOGY PROJECT UNDERSTANDING This project will reconstruct approximately 2,100 feet of residential streets adding surmountable curb, new pavement, and a trail. The roadway is currently gravel from the end of the Liberty on the Lake development on the west, to the intersection of 72"d Steet North and Mid Oaks Avenue. From there, the roadway has existing bituminous pavement and bituminous curb up to the Croixwood development on the east. There are no pedestrian facilities along the stretch of road described above and there are no sanitary or water utilities within this portion of 72' Street North. This portion of 72' Street North will be impacted during construction due to the scope of the project but will receive a great value in the street reconstruct and trail addition to improve the safety and longevity. Bolton & Menk will engage with residents during the project process to inform them of the proposed improvements and what to expect during construction. Managing resident expectations up front will make for a smoother construction process and has historically helped generate more project support. PROJECT APPROACH The City of Stillwater is seeking professional design services and construction support for the project to complete a feasibility study, final plans and specifications, bid solicitation, construction inspection, contract administration, and post construction administration. Bolton & Menk will complete the requested professional services effectively and efficiently, while conforming to the Minnesota Statutes Chapter 429 Special Assessments process, which will provide a great value to the city and its stakeholders. We understand that we will assist the city in providing the detailed cost estimates, but the city will mostly handle the 429 processes. To accomplish this, Bolton & Menk will gather all necessary information up front to complete a feasibility study that addresses all project needs, including public input. We will survey the area and review information provided by the city, including as -built plans and pavement management data to help create a base map with accurate street widths, curb styles, and utility information. We will request locates from Gopher State One Call to accurately survey the existing private utilities in the area. This upfront work will allow for a smooth transition into the final design process and facilitate effective production of the project plans and specifications. The plans will be developed in three dimensions using AutoCAD CiviI3D based on our survey data and incorporated into a project manual for bidding. This approach will ensure all the necessary information to construct the project. Our experience developing similar plans will allow for an efficient preliminary and final design process that exceeds the city's expectations. 72"d Street Road and Trail Improvements I City of Stillwater, MN EXPERIENCE 0 We have highlighted several projects as examples of recent and related team experiences. Client satisfaction remains a top priority for us as evidenced by quality deliverables, cost- effective rates, and timely project delivery. Please feel free to contact any of these references to evaluate our performance. Additional project information is available upon request. VILLAGE CENTER REVITALIZATION, CITY OF MARINE ON ST. CROIX, MINNESOTA The Village Center Revitalization project consisted of the reconstruction of Judd Street, including storm sewer installation, aggregate base, concrete curb and gutter, concrete sidewalk, and bituminous pavement construction. The project also included the reconstruction and addition of concrete curb and gutter on Maple Street between Highway 95 and Third Street, Linden Street between Judd Street and Third Street, and Parker Street from Judd Street to Highway 95. Improvements to Parker Street included expansion of the existing parking facilities. Stormwater quality improvements were constructed throughout the project through the EPA grants secured by the Carnelian -Marine - Saint Croix Watershed District. Key Personnel Involved: Isiah Bubany, EIT — Lead Construction Inspector, Tim Olson, PE, CFM — Water Resource Design/ Permitting ANNUAL STREET IMPROVEMENTS, CITY OF FOREST LAKE, MINNESOTA The City of Forest Lake's pavement management plan program includes the rehabilitation of roughly 4 miles of state aid and local streets each year. The project scope includes reclamation, curb replacement, ADA accessibility upgrades, sewer and water improvements, stormwater quality improvements, and new bituminous pavement. We manage and implement these projects including preliminary engineering, coordination with relevant agencies (MnDOT, watershed, county, etc.), public engagement, survey, design, and construction administration. Key Personnel Involved: Isiah Bubany, EIT — Drafting/ Construction Inspection (Since 2020); Tim Olson, PE, CFM — Watershed Permitting/Water Resource Design; Jake Guzik, PE — Design/Construction (Since 2013) BIENNIAL STREET IMPROVEMENTS, CITY OF SCANDIA, MINNESOTA The City of Scandia's pavement management plan program includes the rehabilitation of local streets every other year. Project scope includes reclamation, stormwater quality improvements, and new bituminous pavement. We manage and implement these projects including preliminary engineering, coordination with relevant agencies (MnDOT, watershed, county, etc.), public engagement, survey, design, and construction administration. Key Personnel Involved: Isiah Bubany, EIT — Drafting/ Construction Inspection (Since 2020); Jake Guzik, PE — Design/ Construction (Since 2013) QUINLAN AVENUE STREET IMPROVEMENTS, FRANCONIA TOWNSHIP, MINNESOTA Franconia Township reconstructed a previously gravel road into a full section bituminous pavement road. We managed and implemented this project including preliminary engineering, coordination with relevant agencies (MnDOT, county, etc.), public engagement, survey, design, and construction administration. Key Personnel Involved: Jake Guzik, PE — Design/Construction 72"d Street Road and Trail Improvements I City of Stillwater, MN WORK PLAN AND SCHEDULE As a true partner in project delivery, Bolton & Menk repeatedly goes above and beyond the contract requirements to ensure project success. We actively collaborate and communicate across work groups and stakeholders. Our work plan shows that, even in the proposal stage, we look multiple steps forward, planning out every step of the project, leading to a more efficient project workflow from the start. Geotechnicat Services Bolton & Menk has partnered with Braun Intertec as a geotechnical subconsultant on the project to perform a materials testing during construction. We feel the geotechnical report provided by the city has sufficient information to design the project. TASK 1: FEASIBILITY STUDY A feasibility report is required by Minnesota Statutes Chapter 429 when special assessments are used by the city as a funding mechanism. As such, we will prepare a feasibility report outlining the proposed improvements, properties to be specially assessed, and proposed assessment rate following assessment policy. It is our understanding the city will prepare the preliminary and final special Subtasks include • Attendance at a project kickoff meeting with city staff • Review of city -provided as -built plans and pavement management data • Preparation of a feasibility report including • Existing conditions • Proposed improvements • Pavement analysis summary from geotechnical report • Cost estimate • Project funding • Conclusions • Recommendation and feasibility • Attendance at a public informational meeting • Developing figures (improvements map, assessment map, etc.) for meeting posterboard graphics TASK2: DESIGN STAGE SUBTASK 2.1: TOPOGRAPHIC SURVEY • Gather pertinent information on city infrastructure, adjacent buildings, structures, right-of-way, contours, and private utilities • Locate and describe underground utility information per available as-builts, field markings, and private utility information facilitated through Gopher State One Call • Ilustrate right-of-way and property lines based on field monumentation and plat information received from the city • Create a base map identifying existing above and below ground features in electronic format to be used as the basis and background for final design SUBTASK 2.2: DESIGN AND CONSTRUCTION PLANS Bolton & Menk will provide a three-dimensional design for project consisting of the following plan sheets: • Title sheet • Statement of estimated quantities • Construction details • Existing conditions and removal plan • Erosion control and stormwater pollution prevention plan (SWPPP), as needed • Street plans with profiles • Cross sections Plans will be prepared following and will be submitted to the city for review. As part of the continued coordination with the city during final design, it is assumed one project meeting will be conducted. At this meeting, Bolton & Menk will provide the city with a copy of the draft plans for questions as well as a discussion of critical project items that develop during the final design process. After the final design is complete, a final detailed engineer's estimate will be prepared in Microsoft Excel for the project. We will provide the city with hard copies and a PDF copy of the final plans on 11x17-inch plan sheets. Applicable AutoCAD Civil3D digital files will be furnished to city staff upon request. 72"d Street Road and Trail Improvements I City of Stillwater, MN SUBTASK 2.3: PROJECT MANUAL Bolton & Menk will produce a project manual comprised of Bolton & Menk's standard specifications, current city standard details, MnDOT's 2022 construction specifications, EJCDC (2018) and supplemental special provisions as required by the project. These complete bidding documents will be produced in Microsoft Word. We will also provide the city with hard copies of the project manual contract documents and a PDF of the project manual. SUBTASK 2.4: PRIVATE UTILITY COORDINATION As part of the design process, we will submit a Gopher State One Call mapping request to identify utility companies in the project area and obtain maps of their facilities. After sufficient draft plans are developed, we will conduct a utility coordination meeting with the identified utility companies. At the meeting, the proposed improvements and possible utility conflicts will be discussed with private utility representatives. Utilities will also be allowed to upgrade their facilities at the same time as the project, reducing future impacts on the newly constructed improvements and residents in the project area. We will provide meeting minutes and indicate relocations in the final plans. SUBTASK 2.5: PERMITTING Bolton & Menk will obtain necessary permits from all required agencies, such as the Minnesota Pollution Control Agency (MPCA), Brown's Creek Watershed District, etc. Not included in this proposal is the delineation of wetlands and corresponding permit applications with the Washington County Conservation District. If determined during design that this will be required, we have the staff and expertise to complete this request for an additional fee negotiated with the city prior to any work completed on this task. Design Assumptions It is assumed that all design elements will be within existing right-of-way and/or easements. We understand one the neighboring properties may grant the city an additional easement to include the trail, however obtaining and recording of such easement will be completed by the city. TASK 3: BID AND CONTRACT ADMINISTRATION SUBTASK 3.1: BIDDING ADMINISTRATION Bolton & Menk will coordinate all aspects of the project bidding, including but not limited to • Completing and submitting the advertisement for bid • Distributing plans on QuestCDN • Responding to contractor questions • Issuing addenda, as necessary 72"d Street Road and Trail Improvements I City of Stillwater, MN • Conducting the bid opening • Preparing the bid tabulation in Microsoft Excel • Reviewing bids and providing award recommendation letter • Executing contracts with the contractor and city and providing four bound paper sets of the plans and fully executed project manual to the city before the preconstruction meeting TASK 4: CONSTRUCTION OBSERVATION AND CONTRACT ADMINISTRATION SUBTASK 4.1: CONSTRUCTION OBSERVATION Bolton & Menk has extensive experience managing and inspecting construction projects, ranging from small routine maintenance projects to large and complex transportation projects. We can act as an extension of city staff at all levels, from inspection support to project management to full project administration and delivery. Bolton & Menk will provide primary construction inspection services with a MnDOT-certified construction inspector. SUBTASK 4.2: SURVEY AND STAKING Bolton & Menk will provide all surveying and staking necessary for construction of the project. This includes: • Construction limits and right-of-way • Grading • Storm sewer • Concrete curb and gutter • Bituminous trail • Miscellaneous infrastructure features SUBTASK 4.2: CONSTRUCTION ADMINISTRATION Jake will provide construction administration services for the project. This time will consist of • Coordinating a preconstruction meeting, including an agenda and meeting minutes • Reviewing shop drawings and submittals • Isiah will provide construction inspection. This includes Weekly construction meetings O • On -site work and progress reviews • Preparation of change orders • Preparing, reviewing, and approving pay applications • Provide resident observation and be onsite during at all times during significant construction work SUBTASK 4.3: PROJECT CLOSEOUT Primary project closeout activities will be conducted by Bolton & Menk following completion of the project. This includes • Coordinating a final project walk-through to develop a punch list • Coordinating with the contractor to ensure the developed punch list items are completed promptly • Preparing the final pay application • Preparing record drawings Bolton & Menk will conduct project closeout activities by preparing and submitting all construction documentation to the city with our construction observation efforts. This includes daily records, construction photos, testing reports, etc. Construction Assumptions Bolton & Menk will conduct project communication including providing updates to residents and city on a regular basis. If the city wishes to create a project website or online presence we can provide those services for an additional negotiated fee. 72"d Street Road and Trail Improvements I City of Stillwater, MN Project Schedule We have included a detailed schedule to illustrate our understanding of the project development process and its associated deadlines. We are very familiar with the 429 processes and will work with city staff to ensure all necessary tasks associated with the assessment process are accomplished, meeting its requirements and timelines. This schedule is based on our review of the project background, description, and scope of services included in the Request for Proposals and our experience on other similar projects. Upon selection, Bolton & Menk will work with city staff and other project partners to revise and update this schedule as needed to ensure the successful delivery of this project. Target Completion / Milestone Dates Subject to change y F .} ` �yL,.,{�1,� 4.5i -.M1'4' 1 +�J•l _ _ •iY - a J�� • rti : I� FEE Bolton & Menk will provide the scope of services as described for a fee of $135,143. We will bill work following our standard hourly billing rates and will not exceed our estimate without prior authorization from the city. Client: City of Stillwater Project: 72nd Street Road and Trail Improvements Detailed Cost Estimate Bolton & Menk, Inc. Task No. Work Task Description AL • 4, u 0 Cr. Manager/Design 1.0 Feasibility Stage 31 50 15 6 27 0 0 4 133 $19,179 2.0 Design Stage 58 130 34 4 40 46 6 2 320 $46,362 3.0 Bid and Contract Administration Stage 36 3 2 0 0 0 0 14 55 $7,520 4.0 Construction Stage 18 200 3 0 0 14 58 0 293 $41,582 5.0 Geotechnical Services/Materials Testing Geotechnical Subconsultant $20,500 illAmp T f 43 itSi ��� lU 67 bU •4 i Average Hourly Rate Subtotal $149.00 $132.00 $180.00 180.00 $140.00 $150.00 $170.00 $100.00 $21,307 $50,556 $9,720 $1,800 $9,380 $9,000 $10,880 $2,000 Total Fee $135,143 and Trail Improvements I City of Stillwater, MN pry'., - • g',, iliwater THE 9 IRTHPLACE OF MINNESOTA DATE: July 26th, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Mid Oaks Lift Station Improvement Bid Award BACKGROUND The Mid Oaks Lift Station Improvement would replace the 47-year-old lift station from a dry well configuration to a new submersible pump lift station. A submersible pump lift station is generally safer and has less maintenance. Three bids were submitted for the improvement on July 19th ranging from $388,000 to $487,282.21. The low bid price was from Minger Construction Co. Inc. The Engineer's estimate was $400,000. The project would be funded through the Sanitary Sewer Capital Outlay fund. RECOMMENDATION Staff recommends the City Council accept the bids and award the contract for the Mid Oaks Lift Station Improvement to Minger Construction. Co. ACTION REQUESTED If Council concurs with recommendation, they should pass Resolution 2022- ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE MID OAKS LIFT STATION IMPROVEMENT TO MINGER CONSTRUCTION. CO City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx ACCEPTING BID AND AWARDING CONTRACT FOR MID OAKS LIFT STATION IMPROVEMENT WHEREAS, pursuant to an advertisement for bids for the Mid Oaks Lift Station Improvement, three bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Minger Construction Co. Inc., Jordan, MN Geislinger & Sons, Watkins, MN Pember Companies, Menomonie, WI Engineer's Estimate and $388,800.00 $445,000.00 $487,282.21 $400,000.00 WHEREAS, it appears that Minger Construction, Co. Inc., Jordan, MN is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to enter into a contract with Minger Construction Co. Inc., Jordan, Minnesota in the name of the City of Stillwater for the improvement of Mid Oaks Lift Station according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 26th day of July 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk filiwater THE BIRTHPLACE OFMINNESOTA DATE: July 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Change of Roadway Jurisdiction BACKGROUND In 2023, MnDOT will be turning back TH 96 (TH 95 to TH 244) to Washington County. At the same time, they would like to turn back two streets in the City; Alder St (east and west of 95) and Boom Road north of CR 11 (see yellow areas in attached map). The City has been maintaining (plowing sweeping, and road repair), these streets for several years and would not cause any additional workload to the City. MnDOT has agreed to pay $60,000 as part of this turnback. The cost would mainly go toward Boom Road, where it last improved over thirty years ago, where both the street and guard rail are in need of repair. Alder Street was improved last in 2004 as part of the North Hill Project. Attached is Change of Roadway Jurisdiction Agreement that was prepared by MnDOT and reviewed by the City Attorney. RECOMMENDATION Staff recommends the City Council review and approve the Change in Roadway Jurisdiction Agreement with the State of Minnesota. ACTION REQUESTED If Council concurs with recommendation, they should pass Resolution 2022- APPROVING MNDOT AGREEMENT NO. 1051063 WITH FOR CHANGE OF ROADWAY JURSIDICTION AGREEMENT. City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx APPROVING MNDOT AGREEMENT NO. 1051063 WITH FOR CHANGE OF ROADWAY JURSIDICTION AGREEMENT WHEREAS, the City of Stillwater enters into MnDOT Agreement No. 1051063 with the State of Minnesota, Department of Transportation for the purpose to provide payment by the State to the City for the State's transfer of a portion of Alder Street and Boom Road along TH95 to the City, under State project No. 8210-118. NOW THEREFORE BE IT RESOLVED by the City 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 Stillwater City Council this 26th day of July 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk MnDOT Contract No.: 1051063 STATE OF MINNESOTA And CITY OF STILLWATER CHANGE OF ROADWAY JURISDICTION AGREEMENT Control Section Number: 8210 Original Amount Encumbered State Project Number (S.P.): 8210-118 State Funds Trunk Highway Number: 95 $60,000.00 Purpose: The state is releasing portions of Alder Street and Boom Road along Trunk Highway No.95 to the City of Stillwater within City limits. This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("MnDOT") and City of Stillwater, a political subdivision of the State of Minnesota acting through its City Council ("Political Subdivision"). RECITALS 1. Minnesota Statutes §161.20 authorizes MnDOT to enter into agreements with other governmental authorities to carry out the purposes of Minnesota Statutes Chapter 161; and 2. The Political Subdivision is a Road Authority as defined in Minnesota Statutes §160.02 (subd. 25); and 3. MnDOT has determined that portions of Alder Street located East and West of Trunk Highway 95 and Boom Road located Northeast of County Road 11 (Fairy Falls Road) parallel to Trunk Highway 95 ("Roadway Segments") are no longer needed for trunk highway purposes; and 4. The parties agree the Political Subdivision is the proper road authority; and 5. The parties have entered into this Agreement to provide for the orderly release of the Roadway Segment to the jurisdiction of the Political Subdivision. AGREEMENT 1. Effective Date; Survival of Terms This Agreement will be effective on the date last signed below by the parties and by such other State of Minnesota officials as required by Minnesota Statutes §16C.05. This Agreement will remain in effect until MnDOT has (1) served a Notice of Release, and (2) made payments (if any) as required by this Agreement. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration of the Agreement. 2. Identification of Roadway Segment; Right -of -Way Determination The Roadway Segments in the City of Stillwater covered by this Agreement described as: A. Segment 1 - Alder Street west of TH 95 from TH 95 to approximately 310 feet down centerline from TH 95. B. Segment 2 - Alder Street east of TH 95 from TH 95 to approximately 255 feet down centerline from TH 95. C. Segment 3 - Boom Road west of TH 95 from the northeast line of County Road 11 (Fairy Falls Road) to approximately 390 feet north. See Exhibit A which is attached and incorporated into this Agreement. MnDOT will determine the final right-of- way limits prior to transfer to the Political Subdivision. -1- MnDOT Contract No.: 1051063 3. Notice of Release; Conveyance Documents 3.1. Notice of Release. MnDOT will deliver to the Political Subdivision a "Notice of Release" citing the effective date of release ("Effective Date"). Upon the Effective Date, the Roadway Segment is released from MnDOT's jurisdiction, and the Political Subdivision is the Road Authority with jurisdiction over the Roadway Segment and will assume all responsibility for the operation, maintenance, and reconstruction of the Roadway Segment and of all structures and facilities that are a part of the Roadway Segment. 3.2. Conveyance Documents. Subsequent to issuing the Notice of Release, MnDOT will prepare and execute necessary and appropriate documents conveying MnDOT's interest, if any, in the Roadway Segment to the Political Subdivision. 4. Delivery of Records Following delivery of the Notice of Release, and if requested by the Political Subdivision, MnDOT will provide the Political Subdivision with available records concerning the Roadway Segment. Such records must be in MnDOT's possession, and may include the following: (a) A list of active maintenance agreements, including signal and routine maintenance agreements with other governmental agencies that will be cancelled, and a list of agreements with utility companies that will be cancelled; (b) Records concerning utility permits, drainage permits, driveway, and other access permits, advertising and sign permits, and other limited -use permits; (c) Construction plans and records, as -built construction plans (if available); (d) Bridge inspection reports and ratings; (e) Aerial photos and other photo and video files, in either hard copy or digital form; (f) Right-of-way maps and parcel files; (g) Inventory Data; (h) Pavement condition ratings; (i) Traffic signal files including timing sequence information and repair history; (j) Crash reports and statistics; (k) Most current traffic counts; (I) Alignment ties, horizontal and vertical control monuments, and related data; (m) Partially or fully completed plans for construction projects; (n) Road opening and right-of-way documentation. 5. Maintenance 5.1. Prior to Release. Prior to the Effective Date of the Notice of Release for Alder Street and Boom Road, maintenance of the Roadway Segment will continue to be provided MnDOT. The City is providing snow and ice maintenance. 5.2. Upon Release. Upon the Effective Date, the Political Subdivision will become the roadway authority responsible for maintenance of the Roadway Segment. The Political Subdivision will thereafter be responsible for performing and paying for all maintenance and reconstruction of the Roadway Segment, including all structures and facilities that constitute a part of such roadway. 6. Responsibility for Claims MnDOT will remain responsible, to the extent authorized by Minnesota Statutes §3.736 and other applicable law, for claims related to construction, maintenance, and operation of the Roadway Segment during the period when it was a state trunk highway to the extent the claims are a result of MnDOT's acts and omissions, even if such claims are filed after the Political Subdivision receives the Notice of Release. The Political Subdivision will be responsible for claims arising out of its own construction, maintenance, or operation of the Roadway Segment after it received the Notice of Release. -2- MnDOT Contract No.: 1051063 7. MnDOT Cost and Payment by MnDOT 7.1. MnDOT Cost. $60,000 is MnDOT's full and complete lump sum cost. 7.2. Conditions of Payment. MnDOT will pay the Political Subdivision the full and complete lump sum amount after the following conditions have been met and in accordance with the following: A. Encumbrance by MnDOT of MnDOT's full and complete lump sum cost share. B. Execution of this Agreement and transmittal to the Political Subdivision. C. Transfer of the Roadway Segment to the jurisdiction of the Political Subdivision. D. The MnDOT's receipt of a written request from the Political Subdivision for the advancement of funds. 8. MnDOT's Maximum Obligation MnDOT's maximum obligation under this Agreement is $60,000. 9. Release of Claims; Covenant not to Sue By accepting the payment provided for in this Agreement, the Political Subdivision releases MnDOT from any and all claims related to the condition of the Roadway Segment, regardless of whether such claims result from surface or sub -surface conditions, and regardless of whether such conditions were known or unknown at the time of reversion. The political subdivision is encouraged to perform its own geotechnical explorations and will not rely on previous geotechnical studies performed by MnDOT. In consideration of the turnback payment provided by MnDOT, the Political Subdivision covenants not to sue MnDOT or any other state agency or official with respect to MnDOT's decision to make the reversion or for any claim arising out of the condition of the Roadway Segment. 10. General Provisions 10.1. Venue. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10.2. Termination. This Agreement may be terminated only by mutual written agreement of the parties, except that MnDOT may terminate this Agreement if it does not obtain funding from the Minnesota Legislature. 10.3. Suspension. MnDOT may suspend its payment obligations under this Agreement in the event of a total or partial government shutdown due to failure to have an approved budget by the legal deadline. The period of suspension will end when MnDOT is legally authorized to resume such payments. 10.4. Severability. If any provision of this Agreement is found to be invalid or unenforceable, such provision will not affect the validity or enforceability of any other provision of this Agreement, which will remain in force and effect. 10.5. Merger. This Agreement contains all prior negotiations and agreements between MnDOT and the Political Subdivision. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 10.6. Amendments. 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 this Agreement, or their successors in office. 10.7. Government Data. This Agreement, and any data exchanged by the parties pursuant to this Agreement, will be "government data" and subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. 10.8. State Audits. The books, records, documents, and accounting practices and procedures of the Political Subdivision relevant to this Agreement are subject to examination by MnDOT and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years. .3- MnDOT Contract No.: 1051063 11. Additional Provisions — none THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. -4- MnDOT Contract No.: 1051063 STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered Recommended for Approval: as required by Minnesota Statutes § 16A.15 and 16C.05. Signed: Date: SWIFT Purchase Order: 3000653705 By: (District Engineer) Date: Approved: By: POLITICAL SUBDIVISION* (State Design Engineer) The Political Subdivision certifies that the appropriate person(s) have executed the Agreement on its behalf as required by applicable resolutions, ordinances, or charter provisions. By: Title: Date: By: Title: Date: * INCLUDE A RESOLUTION -5- Date: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) Date: liwatel? THE BIRTHPLACE OFUINNESOTA DATE: July 21, 2022 TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works RE: Approval of Engineering Services City- wide Speed Limit Study. DISCUSSION The City solicited proposals for engineering Services for a City-wide Speed Study. The scope of the project includes background information, examine existing speed limits, and safety conditions and recommendations. Two proposals were received from WSB with a quote of $9590 and SEH Inc. at $19210. Upon review, of the proposals, WSB was selected the engineering services. RECOMMENDATION Staff recommends council approve the engineering services of WSB for the City-wide Speed Study. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2022- , ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR ENGINEERING SERVICES FOR CITY SPEED STUDY. ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR ENGINEERING SERVICES FOR THE CITY SPEED LIMIT STUDY WHEREAS, the City solicited proposals to provide engineering services for the Street Project and two proposals have been received. WHEREAS, the proposal from WSB represents the best fit for the project based upon the scope of services requested by the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with WSB in the name of the City of Stillwater for engineering services for City Adopted by the City Council this 26th day of July 2022. ATTEST: Beth Wolf, City Clerk Ted Kozlowski, Mayor Washington County FYI BOARD AGENDA July 26, 2022 - 9:00 AM Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, Chair, District 4 Lisa Weik, District 5 Because of the continuing COVID-19 Pandemic first declared by the World Health Organization on March 11, 2020, some or all of the County Board members may participate in this meeting by telephone or other electronic means and the Board meeting will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. The County Board meeting will be conducted at the regular meeting location of the Board Room, Washington County Government Center, 14949 62nd Street North, Stillwater, MN. Members of the public can attend the meeting in person, or view/monitor the meeting electronically from a remote location via live webstream. Members of the public who wish to share their comments or concerns on any issue that is the responsibility or function of Washington County Government, including the items that are listed on this agenda, may provide that comment via email at administration(a co.washington.mn.us, or by telephone at 651-430-6001. Any comments or concerns shared, either prior to or during the board meeting, will be provided to each county commissioner. 1. 9:00 Ro11 Ca11 Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Ca11 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 July 12, 2022, County Board meeting minutes. B. Approval to appoint Lucas Priestley to a partial term expiring June 30, 2025, as a Workforce Representative, on the Workforce Development Board. C. Approval of Administration Policy #1300 - Washington County Guidelines and Procedures for Minnesota Government Data Practices Act. D. Adopt a resolution to authorize Washington County Veterans Service Officer to execute a grant agreement with the Minnesota Department of Veterans Affairs for the County Veterans Service Office Operational Enhancement Grant program. E. Approve Post -Employment Health Care Savings Plan for Minnesota Public Employees Association (MNPEA), Correctional Officers & Telecommunicators Unit. F. Adopt a resolution to approve Amendment No. 2 to the Amended and Restated Ramsey/Washington Recycling & Energy Board Joint Powers Agreement No. 9890. 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. Approve permanent use of fund balance in an amount not to exceed $65,700 from Fund 216 Gold Line. H. Approval of Contract No. 14877 for FY-2022 Expedited Conservation Partners Legacy Grant: Washington County, Pine Point East Prairie and Savanna Restoration. I. Adopt a resolution authorizing the Washington County Sheriffs Office to accept a K9 donation from the Hugo Lions Club in the amount of $3,000. 4. 9:10 Human Resources - Angie Nalezny, Director A. Approve Memorandum of Agreement with Supervisor's Association for Crisis Response Unit overtime and direct Human Resources Director to sign the agreement on behalf of the county. B. Approve Memorandum of Agreement with AFSCME Exempt Union for Crisis Response Unit overtime and direct the Human Resources Director to sign the agreement on behalf of the county. 5. 9:25 Public Works - Andrew Giesen, Engineer II (items A and B) - Eden Rogers, Engineer I (item C) 9:25 A. 1. Award the bid to and authorize execution of Contract No. 14982 in the amount of $1,183,515 with the bid alternative, with Minnesota Mechanical Solutions Inc. for the Lake Elmo Park Reserve Swim Pond Filtration System Improvement Project. 2. Approve permanent use of fund balance in an amount not to exceed $130,800 from the Parks Operating Fund 211. 9:40 B. 1. Award the bid to and authorize execution of Contract No. 14981 in the amount of $1,654,682 with Sunram Construction Inc., without the bid alternative, for the St. Croix Bluffs Regional Park Boat Launch Improvement Project. 2. Approve permanent use of fund balance in an amount not to exceed $620,000 from the Parks Operating Fund 211. 9:55 C. 1. Award the bid to and authorize execution of Contract No. 14979 in the amount of $1,113,345.86 with Ramsey Companies Inc. for the construction contract for County Highway 15, Manning Ave, and 30th Street Improvement project. 2. Approval of Cooperative Cost Agreement No. 14787 with the City of Lake Elmo. 3. Approval of Cooperative Cost Agreement No. 14785 with Baytown Township. 4. Approval of Cooperative Cost Agreement No. 14783 with West Lakeland Township. 5. Approval of Cooperative Maintenance Agreement No. 14786 with the City of Lake Elmo. 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 Public Works item 5C continued 6. Approval of Cooperative Maintenance Agreement No. 14784 with Baytown Township. 7. Approval of Cooperative Maintenance Agreement No. 14782 with West Lakeland Township. 8. Approval of Cooperative Signal Maintenance Agreement No. 14788 with the City of Lake Elmo, Baytown Township, and West Lakeland Township. 6. 10:15 General Administration - Jennifer Wagenius, Deputy County Administrator 7. 10:25 Commissioner Reports - Comments - Questions 8. 9. 10:40 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. Board Correspondence Adjourn 10. 10:45 Board Workshop with Public Health & Environment - Natalie Vasilj, Senior Community Health Specialist A. Introduction of Public Health and Environment's resilience initiative, The WellSpring 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