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2023-11-08 CC Agenda Packet-CHANGED Due to Election
Il IlWater The fair thplace of Minnesota WORKSHOP MEETING CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING November 8, 2023 1. Recreation Center Expansion Feasibility Update 2. Hazardous Building Determination at 1309 3,d St S 3. Emerald Ash Borer Presentation 4. Affordable Housing Policy Work Plan Request IV. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator 13. Library Director 4:30 P.M. V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL Vill. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 14. Municipal Separate Storm Sewer System (MS4) Reporting Annual Meeting 15. Certificate of Appreciation for Dawn Thoren, Administrative Assistant X. OPEN FORUM — the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 16. October 17, 2023 Regular Meeting Minutes 17. Payment of Bills 18. All Hazard Mitigation Plan to Maintain FEMA Grant Eligibility - Resolution 19. Appointment to Human Rights Commission and Parks and Recreation Commission 20. Deferred Assessment for 2023 Street Improvement Project - Resolution 21. Downtown Stillwater Holiday Lights Agreements 22. Employer Paid Covid-19 Leave for 2024 - Resolution 23. Fee Schedule Amendment for Credit Card Fees - Resolution 24. Fire Department Purchase Request for Fire Truck Apparatus 25. Hwy 95 Monument Sign Design Services Contract Agreement LRIP 26. Lakeview Easement Acquisition - Resolution 27. Myrtle Street Reconstruction Project Funding Support — Resolution 28. Rivertown Commons Request for Letter of Support for Financing Applications 29. Therapeutic Massage Business and Individual Massage Therapist Licenses — Resolution 30. Well House #12 Pump Repair Project Contract Agreement 31. 2024 Street Improvement Project Traffic Study Contract Agreement Xll. PUBLIC HEARINGS —when addressing Council please limit your comments to 10 minutes or less. 32. Case 2022-19 to consider an appeal to variance denial for yard setbacks on an apartment building located at 107 31d St N. 33. Ordinance Amendment to establish a special service district in the Downtown Stillwater area for purposes of imposing a service charge within the district — Ordinance 2nd Reading & Resolution XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 34. Drive -Through Request in Neighborhood Commercial District 35. Zone Map Amendment to rezone from Agricultural Preserve District to CTHR (Cove Townhouse Residential District for a Townhouse Development (Sundance Stillwater) — Ordinance 1st Reading XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda November 8, 2023 lJwr The Birthplace of Minnesota WORKSHOP MEETING I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING November 8, 2023 1. Recreation Center Expansion Feasibility Update 2. Hazardous Building Determination at 1309 3nJ St S 3. Emerald Ash Borer Presentation 4. Affordable Housing Policy Work Plan Request IV. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator 13. Library Director 4:30 P.M. V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL Vill. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 14. Municipal Separate Storm Sewer System (MS4) Reporting Annual Meeting X. OPEN FORUM — the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 15. October 17, 2023 Regular Meeting Minutes 16. Payment of Bills 17. All Hazard Mitigation Plan to Maintain FEMA Grant Eligibility - Resolution 18. Appointment to Human Rights Commission and Parks and Recreation Commission 19. Deferred Assessment for 2023 Street Improvement Project - Resolution 20. Downtown Stillwater Holiday Lights Agreements 21. Employer Paid Covid-19 Leave for 2024 - Resolution 22. Fee Schedule Amendment for Credit Card Fees - 23. Fire Department Purchase Request for Fire Truck Apparatus 24. Hwy 95 Monument Sign Design Services Contract Agreement LRIP 25. Lakeview Easement Acquisition - Resolution 26. Myrtle Street Reconstruction Project Funding Support - Resolution 27. Rivertown Commons Request for Letter of Support for Financing Applications 28. Therapeutic Massage Business and Individual Massage Therapist Licenses — Resolution 29. Well House #12 Pump Repair Project Contract Agreement X11. PUBLIC HEARINGS — when addressing Council please limit your comments to 10 minutes orless. 30. Case 2022-19 to consider an appeal to variance denial for yard setbacks on an apartment building located at 107 3rd St N. 31. Ordinance Amendment to establish a special service district in the Downtown Stillwater area for purposes of imposing a service charge within the district — Ordinance 2nd Reading & Resolution XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 32. Drive -Through Request in Neighborhood Commercial District 33. Zone Map Amendment to rezone from Agricultural Preserve District to CTHR (Cove Townhouse Residential District for a Townhouse Development (Sundance Stillwater) — Ordinance 1st Reading XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda November 8, 2023 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: November 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Receive Update on St. Croix Valley Recreation Center Expansion Feasibility Analysis — Operating Financial Pro -Forma and Capital Fundraising Next Steps BACKGROUND The City is reacting to a request from multiple stakeholder groups to discuss potential options to expand the current St. Croix Valley Recreation Center. City Council Direction assumed that the project would be funded by a split of State Bonding Dollars and Private Capital Fundraising Dollars. In other words, the project will not move forward with traditional City Dollars. Staff recently completed a Financial Pro -Forma that focused on operations and maintenance, not initial capital costs. Generally speaking, the Financial Pro -Forma indicates that the City can reasonably assume that operating revenue will cover operating expenses. Below is a summary of operating revenues and expenditures: Total Revenue $961,800 Total Expense $946,111 Surplus $15,689 However, when factoring in depreciation to ensure regular capital maintenance needs, there is a risk that the expansion would operate at a deficit of approximately $100,000. That could be offset by net revenue history of the existing space. At the end of the day, Staff believes the level of risk is within a reasonable range. The table below outlines several scenarios ranging from full space need recommendations to a series of scaled -back alternatives. Scenario Overall Cost (Design and Construction) Parking Lot Expansion Only $2M Support Areas for Existing Users Only $7M 1 Story Curling Center Only $26M 2 Story Curling Center Only $30M 1 Story Curling Center + Support Areas for $40M Existing Users 2 Story Curling Center + Support Areas for $46M Existing Users The process of preliminary design, cost estimating and developing an operating proforma has been completed. A key piece of the implementation is the Stakeholder Group securing sufficient dollars in a Capital Fundraising Campaign. The Stakeholder Group is requesting the opportunity to fundraise for all space need recommendations, and then would scale back request depending on outcome of that process. The City Council has previously supported the State Bonding Bill Request ($20M) and will continue to make that Legislative Priority unless directed otherwise by the City Council. RECOMMENDATION Based on previous Council Direction, Staff recommends that the Council affirm its support for a Capital Fundraising Campaign, based on the updated materials. ACTION REQUESTED No action is being requested at this time. The Stakeholder Group is seeking confirmation that they may commence Capital Fundraising using the updated materials (Financial Pro -Forma and Space Needs Renderings). Apex 3495 Northdale Blvd NW Suite 230 Coon Rapids, MN 55448 www apex co us St. Croix Valley Recreation Center Project: Recreation Center Expansion Reduced Bld SF Architect: JLG Architects Location: Stillwater, MN Estimate By: JJIKMS Date: 12119/22 Based on conceptual documents prepared by JLG Architects dated November 23, 2022 ExcludedWest Parking Lot Construction Unit Cost %/Total $$ Totals Temporary Fence/Barricades/Cleanup $1.46 0.37% $100,000 Demoliton Building Connection S0.75 0.19% $51,000 Cast In Place & Precast Concrete $35.21 8.82% $2.409,440 Masom Walls $149 0.37% $102,200 Structural & Miscellaneous Steel $23.21 5.8111/e $1,588,576 Rough Y Finish Carpentry/Glue Lam Roof $12.96 325% $887,017 Roofln /Insulation/Joint Protection $19,91 4.99% $1,362,598 Aluminum Entrances/Doors/Frames/Hardware S16.75 4.19% $1.146.420 D all/Ceilin s/Floorirl /Paintin $15.04 3.77% $1,029.352 Operable Walls/Toilet Corrip-Misplay Case $2.64 0.66% $180.851 Food Service Equipment -Owner Section $0.00 0.00% $0 Lockers & Benches $1.34 0.34% $911800 Refrigeration 5 stemllce Sheet/Curling Equipment S42.37 10.61% $2.900.000 Blank $0,00 0.00% $0 Elevator $1.32 0.33% $90,000 Fire Suppression $4.33 1.08% $296.500 Plumbing $11.32 2.83% $774,800 Fteatin Ventilating, and Aircondilion(HVAC) $32.19 &06% $2,203.140 Integrated Automation-HVAC Controls $3 00 0.75% $205,314 Electrical $34.77 8.71% $2,379,620 NV Systems & Broadcast Equipment S0.00 0.00% $0 Electronic Safety & Security $0.94 023% $64.000 Earthwork $15.34 3.84% $1.050,000 Exterior Improvements $0.61 0.15% $42,000 Utilities 1 $3.29 0.82%1 $225.000 General Conditions-14 month duration $15.74 3.94%1 $1,077,332 Emerqency Power Generation $11.18 2 80% 5765,420 $21,022,379 Permits & Insurance Building Permit Allowance $4.84 1211/6 $331.102 SAC/WAC Allowance $2 20 0.55% $150,540 Surve m Layout Allowance $20,000 Testing Allowance $10.000 Builder's Risk & Deductibles Allowance $0.97 0.24% $66,220 Performance Bond $3.14 0 79 % $214.554 General Liability Insurance 525,241,252 1.07% 5291,370 Subtotal Construction Permits & Insurance 61�438 SIF Owner Costs $323.01 $22,106,161; Architectural/Mechanical & Electrical Design $22.61 5.66% $1,547,432 Independent Testing & Inspections $0 73 0.18% $50,000 FF&E Tables, Chairs, etc.) $2.92 0.73% $200.000 Food Service Equipment $0.00 0.00% See Below TV Broadcast Equipment $0.00 0.00% Omitted Other: S0.00 0.00% Le al Fees? $0.00 0.00% Development Fees? $0.00 0.00% Park Dedication Fees? S0.00 0 00% Subtotal •$23,903,591, Fees & Contingency Design Contingency 5%T $22.106.167 4.04% $1,105.308 C6n3trUC11011 Cantingenry 5 % $22,106,167 4.04%1 $1.105,308 Construction Fee 5% $24.316,783 1 4.45%1 $1,215,839 rr Budget cost models base on schematic documents dated 6/29122 West Parking Lot $2,010,000 High School Locker & Meeting Rooms $7,008,100 South Entry $975.000 South Parkin Lot $2,850.300.00 Broadcast System "Backbone" $1,225,200 Food Service Equipment $750,000 lUpper Level Shell Conditions 15,000sf S4,500,000 Remove Width of Two Curling Lanes 7440 sf ($2,827,200) PLEASE NOTE: Cost model is based on 2022 pricing and does not include any projection for inflation. An inflation factor should be added to account for cost changes from 2022 to the start of construction. City of Stillwater Curling Center Proforma Curling Facility Memberships (Winter) Memberships (Spring) Summer & Fall ($150/each) Lockers and Equipment Rentals Corporate Events Lessons Special Events Sales Restaurant Players Lounge Other Income Wages and Benefits FT Wages PT Wages Other Benefits Total Wages and Benefits Other Expenses Conferences/Schools/Travel Communications/Marketing/Advertising Contract/Professional Services Building Repair/Maintenance Icemaking/Maintenance Equipment Repair/Maintenance Tools/Small Equipment Janitor Service Snow Removal Food/Liquor Expense Entertainment Office Supplies/Postage Operating Supplies Uniforms COGS Refunds Utilities Utilities - Restaurant Insurance Club Room Expenses Dues/Subscriptions Property Taxes Fee/Licenses/Sales Tax Credit Card Expense Other Total Expenses Total Expenses Net Operating Income Annual Debt Service Annual Replacement Rerves Cash Flow After Debt Service Stillwater REVISED $350 1000 350,000 $150 300 45,000 $150 600 90,000 $50 400 20,000 Average of Chaska/SPCC 163,600 Chaska 15,000 Chaska 35,000 Chaska 15,200 22.5% of Gross Sales ($1 M Gross Sales) 225,000 Chaska 2,000 Chaska 1,000 INEURm"MrSe No. Amount Chaska 4 207,067 Chaska 50 124,700 Chaska 54 137,989 469,756 City 4,000 Chaska 2,900 SPCC 1,800 City 20,000 Curling Center 27,000 Included in line above - Chaska 4,200 SPCC 20,000 City does - Off balance sheet - Chaska - Chaska 2,600 Chaska 18,200 Chaska 2,200 Chaska 10,100 Chaska 100 Assumes no charge for water 164,600 Included above per Doug - Includes restaurant 35,000 Curling Center 28,000 Chaska 4,500 Value range of $1.2 to $1.6M (used $1.4) 40,155 Curling Center 50,100 Curling Center 20,900 Chaska SPCC is 8,800 20,000 476,355 ME 15,689 4 yr. Average Capital Per Chaska 134,500 P a r,_ r r' pnwcft A CI« r s. 6 02023JLGARC j M EL MINARY RENDERING F'6..R OWNER'S APPR AL © 2023 AG ARCHITECTS I PRELIMINARY RENDERING FOR NER'S APPROVAL ST. CROIX VALLEY RECREATIM CENM It I k a jignsvii spaa. 1 1 I� . r 0 O 2023 JLG ARCHITECTS I PRELIMINARY RENDERING FOR OWNER'S APPROVAL " V~ lqmmmmw �l 8 r rI AA6 qQft �ly WALVA65: 400 WAVALV q%w AV IftwOo.mamoft. ova* �L_4b-dM ESSIOM DRINKS .0 41 & P, —4 rl k, �w m -T. 0 A4 ML Lw. Mol"LAAr" *W WOU Alk MMLIO]UVA hL CoNcOURSHOL ""son I� IP OO 2023 JLG ARCHITECTS I PRELIMINARY RENDERING FOR OWNER'S APPROVAL r HAZARDOUS BUILDING ACTION 1309 3RD STREET SOUTH MINNESOTA STATUTES, CHAPTER 463 Obtain Building Official's report that identifies the hazardous conditions on the property. City Council passes a Resolution and Order finding the property is hazardous and ordering the property owner to repair or remove the hazardous conditions. Serve Order on owner, tenants, and lien holders; they have 20 days to answer. 463 ACTION PROCESS: MINNESOTA STATUTES, SECTIONS 463.15 - 463.251 If there is no answer, the City files the Order with the District Court and obtains a default judgment. The court will hear the presentation of evidence and may affirm or modify the Order. If the Order is contested, there will be a trial and then the Court will enter a judgment. If judgment is not complied with, City may perform the work and assess the costs as a special assessment. 463 ACTION PROCESS: MINNESOTA STATUTES, SECTIONS 463.15 - 463.251 "Hazardous building or hazardous property" means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. Minnesota Statutes, Section 463.15, subd. 3. 1309 3RD STREET SOUTH t 7% �� � Tom` �. � a- •/S�i� - • ^ . �y .e. .r�•yr,�� �� �� .. �� •ww, +fir -. y,r , tAfit _ G ogle ■ The property is currently owned by Richard A. Ames, Robert M. Ames, and Cheryl E. Ames as conveyed by Transfer on Death Deed on February 22, 2023. ■ In March of 2023, the Building Inspections Department received a report from a neighboring property owner that the property's garage and rear yard retaining wall were in a state of disrepair. On June 8, 2023, the Building Inspections Department conducted an inspection of the property and found the following hazardous conditions on the property: The back wall of the garage is collapsing, which is twisting the roof. The chimney on the garage is tilted and on the verge of collapse. The garage's wood foundation, floor, exterior walls, and roof are deteriorating and compromised. The rear yard retaining wall, which is attached to the garage foundation at the southeast corner, is failing. The retaining wall is cracking and heaving toward the neighboring property. JUNE 89 2023, INSPECTION BY BUILDING INSPECTIONS DEPARTMENT op = -s JUNE 89 2023, INSPECTION BY BUILDING INSPECTIONS DEPARTMENT ■ Based on the June 8, 2023, inspection, the Building Inspections Department concluded that the property's garage is no longer safe for use and should be demolished. ■ The Building Inspections Department also concluded that the rear yard retaining wall should either be demolished, and the earth regraded or the garage should be repaired and rebuilt. ■ On August 15, 2023, the City's Building Official and City Code Enforcement Officer inspected the garage and retaining wall and documented the BUILDING following hazardous conditions: I. The detached retaining wall supports the garage and is collapsing at the garage support OFFICIAL S and the along the plane of the wall. 2. The garage's foundation, floor, structural posts INSPECTION and beams are rotted and deteriorated beyond repair. 3. The garage is leaning toward the neighboring property at 1314 2nd Street South. 4. The garage's chimney had recently collapsed, and it fell into the rear yard of 1314 2nd Street South. � . F� ..ter '-. ... - =x. '` mm GARAGE: INTERIOR -- �.R { ' �" +k?„ �. L;' `, �„.^' J 1 ,� i 6,:7 h :a <\ �-�,� / ..., ' • i.�` '�J �Y'1 "�(b•��' . _ •ai ;.YF q It - Am mad- ICA $Lfl k4t 1•� � �� 1� 1�r: i •�.1 ,�ti� � %'-✓mow . � ' `� GARAGE: EXTERIOR j Wl-- GARAGE: EXTERIOR --vQ91r- 9�7 z ,-A- CRACKED FOUNDATION; COLLAPSED CHIMNEY; DEBRIS ON NEIGHBORING PROPERTY 13 ..\ ZA opwr t � Ck� _ � .:.�fLfC —fir" ^�ys" � >� . �i!+�, r'?' i •"�.D�' � .g_. r. oll � -� -,.r ♦ _ _ '—=��-- — =5 c � �.. � �r ram'`' a. �; � _ewe+ i - -T-- m -_ - •' RISK OF GARAGE COLLAPSE ON NEIGHBORING PROPERTY AT 1314 2ND STREET SOUTH REAR YARD RETAI N I N G WALL ■ Based on the August 15, 2023, inspection, the Building Official concluded that the garage and retaining wall are hazardous structures and pose a life safety hazard to the neighboring properties. ■ The garage will need to be demolished and the retaining wall either demolished and the earth regraded or repaired/replaced and rebuilt in cooperation with the property owner at 1314 2nd Street South. A portion of the property's rear yard retaining wall is located on the 1314 2nd Street South property. Based on a survey of the 1314 2nd Street South property, where the retaining wall turns East-West is where the retaining wall crosses onto the property. The East-West jog is 5.4 feet in length (red line). The owner of 1314 2nd Street South owns and is responsible for 3.6 feet of the retaining wall (orange line). The remaining 1.8 feet of the retaining wall is located on the property and is the responsibility of the 1309 3rd Street South property owner. ■ March 21, 2023. Code Enforcement Officer and Building Inspector receive a complaint regarding the condition of the property's garage and retaining wall. ■ June 8, 2023. Building Inspections Department conducts visual inspection of the property and provides property owner with a report detailing the hazardous garage and retaining wall and the need for removal and/or repair of those structures. ■ July 7, 2023. Building Inspector is notified that the chimney on the garage has collapsed and fallen into the neighboring property. ■ July 10, 2023. Community Development Director contacts Robert Ames requesting permission to inspect the garage and discuss options to repair the retaining wall. ■ July 20, 2023. Robert Ames contacts Code Enforcement Officer and Building Official requesting additional information on the corrections that need to be made on the property. ■ July 21, 2023. Code Enforcement Officer provides Robert Ames a copy of the June 8, 2023, inspection report detailing the hazardous conditions on the property and reiterates the need to address the garage and retaining wall structures. ■ August 15, 2023. Building Official conducts an inspection of the garage and retaining wall, concluding that the garage and retaining wall are hazardous structures that need to be demolished and/or repaired. ■ August 15, 2023. Code Enforcement Officer is informed by neighboring property owner that he has attempted to work with Robert Ames to find a solution to the retaining wall and garage; Robert Ames did not express an interest in finding a solution in a timely manner. ■ August 15, 2023. Code Enforcement Officer provides Robert Ames a copy of Minnesota Statutes, Chapter 463 and City Code provisions regarding building maintenance; Robert Ames expresses a desire to address each of the specific concerns on the property. September 20, 2023. Robert Ames contacts Community Development Director to inform him of several updates being made to the property, including moving his family into the property, doing foundation work on the residence, painting, and hiring an architect to design a new garage, but he stated he was not going to do anything yet on the garage or retaining wall as he wanted to concentrate on the interior of the residence. Resolution and Order in your packet finds that due to significant deterioration of the garage and retaining wall on the property, they create a hazardous condition constituting a hazard to the public safety. Property owner will have until December 31, 2023, to raze and remove the garage and demolish, repair and/or replace the retaining wall. If the property owners fail to take the required action, the City will file the Order with the Washington County District Court, obtain a judgment, remove the hazardous conditions, and assess the costs against property. Move to adopt the Resolution and Order to Raze and Remove the Hazardous Structures Located at 1309 3rd Street South S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: November 8, 2023 TO: Honorable Mayor and City Council FROM: Kori Land, City Attorney SUBJECT: Request to Raze and Remove the Hazardous Structures Located at 1309 3rd Street South pursuant to Minnesota Statute, Chapter 463. BACKGROUND City Staff is requesting that the Council initiate an action for removing a hazardous garage and retaining wall located at 1309 3rd Street South ("Property"). The Property is currently owned by Richard A. Ames, Robert M. Ames, and Cheryl E. Ames ("Owners"). In March of 2023, the City's Building Inspections Department received a report that the garage and rear yard retaining wall on the Property were in such a state of disrepair that portions of the retaining wall were falling into the neighboring property. The Building Inspections Department, along with members of the Planning Department, conducted an inspection of the Property's garage and rear yard retaining wall from a neighboring property. The inspection revealed the garage's foundation, walls, and roof to be severely deteriorated and compromised and the retaining wall cracked and heaving towards the neighboring property. On August 30, 2023, the City's Building Official conducted an inspection of the Property and further observed a collapsing garage and rear yard retaining wall. Both the Building Official and Building Inspection Department concluded that, due to their cracked, rotting, and deteriorated state, the Property's garage and retaining wall are hazardous structures and beyond repair, posing a life and safety hazard to the neighboring properties, and must be demolished. City Staff have attempted to work with the Owners to resolve the hazardous conditions that exist on the Property; however, the Owners have been unwilling to take any remedial action. Therefore, in order to correct the hazardous conditions that currently exist on the Property, City Staff is recommending the City Council issue an Order requiring the removal of the hazardous garage and rear yard retaining wall from the Property. The process to pursue an action against a hazardous building or property is articulated in Minnesota Statute § 463.15 through § 463.251. The process is as follows: 1. Building Official's Report. The Building Official prepares a report on the status of the building or property to present to the City Council, articulating the facts that make the building or property hazardous. The statute defines "hazardous building or hazardous property" as "any building or property which, because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard or a hazard to public safety or health." (Minn. Stat. § 463.15, subd. 3). The report includes pictures to support the conclusion. 2. City Council's Order. Based on the Building Official's report, the City Council then issues an Order that the owner corrects or removes the hazardous condition or razes or removes the building or structure and provides a reasonable time to do so. 3. Service of the Order. Once approved by the Council, the Order is served on the owner and all lienholders in the same manner as a civil court action. Within twenty (20) days, the owner or a lienholder can serve an Answer specifying any facts in dispute. 4. Default Judgment. If no Answer is served and the owners do not comply with the timeframe in the Order, the City must file the Order with the District Court and ask the Court for enforcement of the Order as a default judgment. The Court would hear the presentation of evidence and affirm or modify the Order and enter a judgment. 5. Contested Cases. If an Answer is served, then the action must follow the Rules of Civil Procedure, which involves discovery, possible trial or mediation, and a final judgment. If the City's Order is upheld, the Court would enter a judgment and fix a time after which the building or structure must be destroyed or the hazardous condition removed. 6. Enforcement of Judgment. If a judgment is not complied with in the time prescribed in the Judge's Order, the City may perform the work and assess the costs against the property as a special assessment. A Resolution and Order has been attached which contains the Building Official's report, as well as other supporting documentation. ACTION REQUESTED Hold a hearing, affording the Property Owners the opportunity to be heard. Consider the evidence presented and adopt the Resolution and Order to Raze and Remove the Hazardous Structures at 1309 3rd Street South. 2 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION AND ORDER TO RAZE AND REMOVE THE HAZARDOUS STRUCTURES LOCATED AT 1309 3rd STREET SOUTH WHEREAS, the following Findings of Fact support the Order to Raze and Remove the hazardous garage and retaining wall structure located at 1309 3rd Street South, Stillwater, Minnesota: 1. The Property located at 1309 3rd Street South, Stillwater, Washington County, Minnesota, is legally described as: The North 119 fee of Lot 6 of County Auditor's Plat Number 4, subject to and together with an easement for driveway purposes as contained in Book 236 of Deeds, page 289. PID: 33.030.20.14.0110 ("Property"). 2. The Property is owned by Richard A. Ames, Robert M. Ames, and Cheryl E. Ames ("Owners") as conveyed by Transfer on Death Deed upon the death of Mary E. Ames on February 22, 2023 (See Deed at Exhibit 1) (See Obituary at Exhibit 2). 3. U.S. Bank National Association ND, a national banking association organized under the laws of the United States, is the Mortgagee of the Property (See Mortgages at Exhibits 3 & 4). 4. On or about March 21, 2023, the Building Inspections Department received a report from a neighboring property owner that the Property's garage and rear yard retaining wall were in such a state of disrepair that portions of the retaining wall are falling into his property. 5. On June 8, 2023, the Building Inspections Department, along with members of the Planning Department, conducted an inspection of the Property's garage and rear yard retaining wall from the neighboring property at 1314 2nd Street South. The inspection revealed the following hazardous conditions: a. The back wall of the garage is collapsing, which in turn, is twisting the roof. b. The chimney on the garage is titled at such an angle that it is on the verge of collapse. 1 c. The north half of the garage has a wood foundation and wood floor which are progressively pitching downhill to the east as the east garage wall deteriorates. The wood posts and beams in this portion of the garage are rotted and displaced which has compromised the garage's floor, exterior walls, and roof. d. The south half of the garage has a masonry foundation which is also deteriorating and being undermined in the south-east corner. The foundation in this portion of the garage is cracked and leaning downhill to the east, which is pulling the garage's walls, roof and chimney out of place. e. The retaining wall, which is attached to the garage foundation at its southeast corner, is failing. The north side of the retaining wall is cracked and heaving towards the neighboring property at 1314 2nd Street South. (See Building Inspection Department's Report and Photographs from June 8, 2023, at Exhibit 5). 6. Based on the June 8, 2023, inspection, the Building Inspection Department concluded that the Property's garage is no longer safe for use and should be demolished. The Building Inspection Department also concluded that the rear yard retaining wall should demolished and the earth regraded or replace and rebuild a new retaining wall (See Building Inspection Department's Report at Exhibit 5). 7. On August 15, 2023, the Building Official, along with a Code Enforcement Technician, conducted an inspection of the Property. The inspection further revealed the following hazardous conditions: a. The detached garage and retaining wall are located on the adjoining property line to 1314 2nd Street South. The retaining wall is approximately six to seven feet tall and retains the yard of the Property above 1314 2nd Street South. b. The retaining wall supports the detached garage and is collapsing at the garage and has areas of failure along the plane of the wall. c. The garage's foundation, floor, structural posts and beams are rotted and is deteriorated beyond repair. The garage is leaning toward the neighboring property at 1314 2nd Street South. d. The garage's chimney has recently collapsed and fell into the rear yard of 1314 2nd Street South. (See Building Official's Report and Photographs at Exhibit 6). 8. Based on the August 15, 2023, inspection, the Building Official concluded that the Property's garage and retaining wall are hazardous structures and pose a life safety hazard to the neighboring properties. Accordingly, the garage will need to be demolished and the 2 retaining wall requires replacement in a timely manner (See Building Official's Report at Exhibit 6). 9. As referenced in the August 30, 2023, Building Official's Report, a portion of the Property's rear yard retaining wall is located on the 1314 2nd Street South property (See Certificate of Survey for 1314 2nd Street South at Exhibit 7). Based on the Certificate of Survey for 1314 2nd Street South, where the retaining wall turns East-West is where the retaining wall crosses onto the Property. This East-West jog is 5.4 feet in length. The owner of 1314 2nd Street South owns and is responsible for 3.6 feet of the retaining wall. The remaining 1.8 feet of the retaining wall is located on the Property and is the responsibility of the Owners, which has fallen into a state of disrepair (See Retaining Wall Photograph at Exhibit 8). WHEREAS, on November 8, 2023, the City Council held a hearing on this matter and considered the evidence presented. NOW, THEREFORE, BE IT RESOLVED that based on the hearing and the information and evidence presented, the Stillwater City Council adopts the aforementioned Findings of Fact and finds that due to the significant deterioration of the Property's garage and rear yard retaining wall, they create a hazardous condition that constitutes a hazard to the public health, safety and welfare, as defined in Minnesota Statutes, Section 463, and therefore, the garage must be razed and removed and the rear yard retaining wall repaired, replaced, or razed and removed as determined by the City's Building Official. NOW, THEREFORE, BE IT ORDERED by the Stillwater City Council as follows: 1. Richard A. Ames, Robert M. Ames, and Cheryl E. Ames, Owners of the Property at 1309 3rd Street South, Stillwater, Minnesota must raze and remove the garage, and all related materials, located on the Property by December 31, 2023. 2. Richard A. Ames, Robert M. Ames, and Cheryl E. Ames, Owners of the Property at 1309 3rd Street South, Stillwater, Minnesota, must repair, replace, or raze and remove, as determined by the City's Building Official, the portion of the retaining wall located on the Property, returning the Property to a safe condition by December 31, 2023. 3. Unless corrective action is taken or an Answer is filed within twenty (20) days of service, as provided in Minnesota Statutes, Section 463.18, a motion for summary enforcement of this Order will be made to the District Court of Washington County. If there is no compliance, the City will be authorized to enter the Property and immediately raze and remove the garage and portion of the rear yard retaining wall located on the Property. All costs associated with this action and of razing and removing the garage and retaining wall may be a lien against the real estate, which may be levied and collected as a special assessment, as provided by Minnesota Statutes, Section 463. I Adopted by the City Council of Stillwater, Minnesota this 8th day of November, 2023. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT I 3882738 Receipt#: 187766 TOD $46.00 Return to: ECKBERG LAMMERS BRIGGS WOLFF 8 18M NORTHWESTERN AVENUE SUITE 110 STILLWATER MN 55082 11111111,11111111111111 Certified Filed and/or recorded on: 3882738 Office of the County Recorder Property Records & Taxpayer Services Washington County, MN Kevin J Corbid, Counry Recorder (Space above line reserved for recording information) TRANSFER ON DEATH DEED Minnesota Uniforin Conveyancing Blanks Form 10.8.3 (2009) NO DEED TAX DUE Date: April 4, 2012 Pursuant to Minn. Stat. 287.22(15) MARY E. AMES, a single person ("Grantor Owner"), hereby conveys and quitclaims to RICHARD A. AMES, ROBERT M. AMES, and CHERYL E. AMES ("Grantee Beneficiaries"), as tenants in common, effective on the death of the Grantor Owner, real property in Washington County, Minnesota, legally described as follows: The North 119 feet of Lot 6 of County Auditor's Plat Number 4, subject to and together with an easement for driveway purposes as contained in Book 236 of Deeds, page 289 Check here if all or part of the described real properly is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. If RICHARD A. AMES, ROBERT M. AMES, or CHERYL E. AMES should predecease the Grantor Owner, his or her interest in said property shall pass to his or her descendants, per stirpes. If checked, the following optional statement applies: ® When effective, this instrument conveys any and all interests in the described real property acquired by the Grantor Owners before, on, or after the date of this instrument. Page I of 2 • r STATE OF MINNESOTA COUNTY OF WASHINGTON person. The foregoing instrument was acknowledged before me on April 4, 2012, by MAItY E. AMEs, a single NOTARIAL .STAX/P OR SEAL SH td0000LEY!?IGHT Notary Public PJinmota CommisRa� 8x0:�tJanuary3t, 2Ut8 'THIS INSTRUMENT WAS DRAFTED BY: Shannon Hooley Enright, Esq. ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P. L. L. P. 1809 Northwestern Avenue Stillwater, Minnesota 55082 SignaturAf Nn Public Page 2 of 2 EXHIBIT 2 8/18/23, 8:42 AM Obituary for Mary Elizabeth (Frederick) Ames I Simonet Funeral Home Provided by Simonet Funeral Home Mary Elizabeth (Frederick) Ames July 22, 1939 — February 22, 2023 (age 83) Mary E. Ames, age 83, long-time resident of Stillwater, Minnesota, passed away peacefully surrounded by her loving family on February 22, 2023. Preceded in death by her parents Martin and Clarissa Frederick, the love of her life husband Richard H. Ames, her brother-in-law Patrick Mahoney, and her sister-in-law Jan Ames. Survived by her children Richard Ames, Robert Ames (Elena), and Cheryl Ames; 4 grandchildren and 2 great grandchildren; her brother Joseph Frederick, sisters Janet Mahoney and Pat Hayes (Duane), and brother-in-law Charles Ames; nieces, nephews, loving relatives and friends. Washburn HS graduate class of'57. Exceptional wife, mother and friend. Public servant. A light and beacon to all who knew her, she was truly an inspiration and the model for a life well -lived. Family requests those who loved Mary share photographs and/or memories of Mary whether physically or digitally for their Memory Book. Mass of Christian Burial 11 am on Wednesday, March 8, 2023 at the Church of Saint Michael, 611 3rd St S, Stillwater, MN 55082. Visitation 1 hour prior to the Mass in the church atrium. Interment at Fairview Cemetery with a light lunch following. https://www.simonetfuneralhome.com/pdntnotice/Mary-Ames/1 o-/0c/0q/0d/0b 1 /1 EXHIBIT 3 4 ,t Receipt#: 171049 MTG $46 00 MRT $172.50 Conservation Fee: $5 00 Retum to: SOUTHWEST FINANCIAL SERVICES L 537 E PETE ROSE WAY STE 300 CINCINNATI OH 45202 3854483 1111111111111111111 Certified Filed and/or recorded on: 9.116!2011 3 15 PM 3854483 Office of the County Recorder Property Records & Taxpayer Services Washington County, MN Kevin J Cot -bid. County Reawder Afol/v D Rourke. Auditor Trecteru-er Return To: Prepared By: AeK Pier. K 1eq Southwest Financial Services, Ltd. Southwest Financial Services, Ltd. ll l q IIII II I� �� 82� I��I�I�I II���II III IA 537 E Pete Rose Way, STE 300 537 E Pete Rose Way, STE 300 Cincinnati, OH 45202 Cincinnati, OH 45202 1 MORTGAGE (With Future Advance Clause) 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ...08/26/2011 .................................. . The parties and their addresses are as follows: MORTGAGOR: MARY E. AMES, Unmarried. ❑ If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: U.S. Bank National Association ND, a national banking association organized under the laws of the United States 4325 17th Avenue SW Fargo, ND 58103 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, sells, conveys and mortgages to Lender, with the power of sale, the following described property: See attached Exhibit "A" The property is located in WAHINGTON.COUNTY................................ at ............................................... (County) ....................................................................... Minnesota 55.00Z-.6259......... (Address) (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any tithe in the future, be part of the real estate described above (all referred to as "Property"). MINNESOTA - MORTGAGE (NOT FOR OPEN -ENO CREDIT OR FOR FNMA, FHLMC, FHA OR VA USE) (page I or6) C 1994 Wolters Kluwer financial Services - Bankers Systems TM Form USB-REMTG-MN 5/6/20106098AD 5/10 3. MAXIMIJM 013LIGATION LUMT. Notwithstanding anything to the contrary herein, the maximum principal indebtedness secured by this Security Instrument is S . 7.5.,000...OQ...................................... This limitation of amount does not include interest, attorneys' fees and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below, include the borrowers' names, initial and maximum note amounts, interest rates, maturity dates, and any other descriptions you want to add.) Borrower(s): MARY AMES Principal/Maximum Line Amount: 75,000.00 Maturity Date: 09/10/2041 Note Date: 08/26/2011 B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that tWs Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, ircluding, but [lot limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D, All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms o, this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell and mortgage, with the power of sale, the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assignto Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. (page I or 6) C�,'1994 Wolters Kluwer Financial Services - Bankers Systems Tu Fcnn US8 RFMTG MN SW2010609AAD 5,10 Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Except as otherwise provided in this section, Mortgagor irrevocably grants, bargains, conveys, sells and mortgages to Leader as additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security Instrument. Mortgagor agrees that this assignment is effective immediately upon the execution of this mortgage and perfected upon the recording of this Mortgage.This assignment will remain in effect during any redemption period until the Secured Debt is satisfied. Mortgagor agrees that Lender may take actual possession of the property without the necessity of commencing legal action. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied first, as set forth in M.S.A. §576.01, subdivision 2, and then, as otherwise provided in this Security Instrument. Mortgagor warrants that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. This section applies only if the Mortgage secures an original principal debt of $100,000 or more or is a lien upon residential real estate containing more than four dwelling units, and is not a lien upon property which is entirely homesteaded as agricultural property or residential real estate containing four or fewer dwelling units where at least one of the units is homesteaded. This assignment may only be enforced against the nonhomestead portion of the mortgaged property. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any of the following occur: A. Any party obligated on the Secured Debt fails to make payment when due. B. A breach occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. C. Any statement, representation or warranty made by Mortgagor or any co -maker, endorser, guarantor or surety to Lender at any time shall prove to have been incorrect or misleading in any material respect when made. D. Mortgagor or any such co -maker, endorser, guarantor or surety shall die, liquidate, merge, consolidate, transfer a substantial part of its property, or if a partnership, limited liability partnership, or limited liability company, suffer the death, dissolution or liquidation of any partner or member. E. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired. 15. REMEDIES ON DEFAULT. If this is a conventional loan under Minn. Stat. § 47.20, Lender will give Borrower written notice of default prior to foreclosure, unless the default consists of the sale of the Property without Lender's consent. The notice will specify: (a) the nature of the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is mailed by which the default must be cured; (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by the mortgage and sale of the mortgaged premises; (e) that the Borrower has the right to reinstate the mortgage after acceleration; and (f) that the Borrower has the right to bring a court action to assert the nonexistence of a default or any other defense of the Borrower to acceleration and sale. Additionally, in some other instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. Upon default, Lender shall have the right, without declaring the whole indebtedness due and payable, to foreclose against all or any part o- the Property. This lien shall continue as a lien on any part of the Property not sold on foreclosure. (page 3 of 6) 01994 Wolters KWww Financial Services- Bankers Systems TM Form US8-RCMTGMN 5/6/2010609BAD S/10 16 17. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents including without linutation, the power to sell the property. If there is a default, Lender may, in addition to any other permitted remedy, advertise and sell the property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title and interest of Mortgagor at such time and place as Lender designates. If Lender invokes the power of sale, Lender shall give notice of the sale including the time, terms and place of sale and a description of the property to be sold as required by the applicable law in effect at the time of the proposed sale. Lender or its designee may purchase the Property at any sale. Upon the sale of the Property and to the extent not prohibited by law, Lender shall make and deliver a deed to the Property sold which conveys absolute title to the purchaser. Lender shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Mortgage; (c) any excess to the person or persons legally entitled to it. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. If the Property is sold pursuant to this section, Mortgagor, or any person holding possession of the Property through Mortgagor, shall immediately surrender possession of the Property to the purchaser at the sale. If possession is not surrendered, Mortgagor or such person shall be a tenant holding over and may be dispossessed in accordance with applicable law. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set furth. Tile acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the contract interest rate in effect from time to time as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall rernaut in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, 'Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 01994 Wolters Kluwer Flnarulal Services - Barkers Systems n' Form USB-REMTG-MN 5/6/2010 6098AD S/10 (poye 4 or6) 18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti -deficiency or one -action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 24. NOTICE. Unless otherwise required bylaw, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to he notice to all mortgagors. 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all appraisement, dower and homestead exemption rights relating to the Property. (page 5 of 6) J 1994 Wolws Kluwer HnanWl Services -Bankers Systems ��'Form USR-REMTGMN 5/6W 06098AD 5/10 26.OTHER TERMS. If checked, the following are applicable to this Security Instrument: El Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. El Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. lEJ Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable xes] 0 Condominium Rider D Planned Unit Development Rider r Othe................................................... El Additional Terms. SIGNATURES, -. By signing below, Mortgagor agrees to the terms and covenants contained in this Security Instrument and in any attach is. Mortgagor also ac �vledges receipt of copy of this Security Instrument on the date stated on page 1. .......................................................................... . ................... . (Signatu ) M E. AMES (Date) (Signature) (Date) ACKNOWLEDGMENT: STATE OF M. . '1M.. ?, ........................ COUNTY OF..�I1�n�iV.)......... ............) SS. 47 This instrument was acknowledged before me this .......(O...... day of ............................ byMARY,E;,AMES, Unma!ried................................................................................................... ............................................................................................................................................. . My commission expires: Jc r % 31 , o) o i b .................... ........... . . ....... . . . .......... AM ( URIE HOFFMAN (Notary is NOTARY PUBLIC • MINNESOTA W Commission Expires Jan. 31, 2016 Thisinstrument was prepared by......................................................................... , of .................................. ®1"4Wolters KluwerAnancialServices -8ankersSystems TM Form US&REMTGMNS/6/20106098ADS/10 (p09e6o/6) EXHIBIT "A" LEGAL DESCRIPTION Page: 1 of 1 Account #: 1"82186 Index #: Order Date : 08/17/2011 Reference : 20112291120360 Parcel #: 33 030 20 14 0110 Name: MARY AMES Deed Ref : N/A TRACT OR PARCEL OF LAND LYING AND BEING IN THE COUNTY OF WASHINGTON AND STATE OF MINNESOTA, DESCRIBED AS FOLLOWS, TO -WIT: THE NORTH 119 FEET OF LOT 6, COUNTY AUDITOR'S PLAT NO.4, FIRST WARD, SUBJECT TO ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS, LEASES AND RESTRICTIONS OF RECORD, ALL LEGAL HIGHWAYS, ALL RIGHTS OF WAY, ALL ZONING, BUILDING AND OTHER LAWS, ORDINANCES AND REGULATIONS, ALL RIGHTS OF TENANTS IN POSSESSION, AND ALL REAL ESTATE TAXES AND ASSESSMENTS NOT YET DUE AND PAYABLE. BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN DOCUMENT NO.0, OF THE WASHINGTON COUNTY, MINNESOTA RECORDS. 111111111111111 EXHIBIT 4 0 Return To: Indecomm Global Services 2925 Country Drive Little Canada, MN 55117 Receipt#: 171940 I MTG M RT Conservation Fee: $46.00 $69.00 $5.00 Retum to: INDECOMM GLOBAL SERVICES 2925 COUNTRY DRIVE ST PAUL MN 55117-9%9 Prepared By: Southwest Financial Services, Ltd. 537 E Pete Rose Way, STE 300 Cincinnati, OH 45202 3856131 111111111111 Certified Filed and/or recorded on: 9/30/2011 10:47 AM 3856131 Office of the County Recorder Property Records dr Taxpayer Services Washington County, MN II Kevin./ Corhid. Coanty Recorder Afolly 0Rour6e, Auditor'f'reacttrer 0iii��VIU�Jl4�m �'p�gr6 b MORTGAGE y (With Future Advance Clause) 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is .... 1/20/2004 ........................... . The parties and their addresses are as follows: MORTGAGOR: MARY E. AMES, UNMARRIED 33-030-20-14-0110 ❑ If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: U.S. Bank National Association ND, a national banking association organized under the laws of the United States 4325 17th Avenue SW Fargo, NO 58103 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, sells, conveys and mortgages to Lender, with the power of sale, the following described property: See attached Exhibit "A" The property is located in..WA$HlNQTO.N.QQ.VNT.Y ............................... at ........................................... (County) -5T1�4WKgR.................................................................. Minnesota .55082-6251.......... (Address) (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). MINNESOTA -HOME EQUITY LINE OF CREDIT MORTGAGE (NOT FOR FNMA.FMLMC, FHA OR VA USE) (page I of S) 01994 Wolters Kluwer Flnandal SeMces - Bankers Systems W Form USBOCPMTG-MN 5/12/2010 6099AD 5110 3. MAXIMUM OBLIGATION LIMIT. Notwithstanding anything to the contrary herein, the maximum principal indebtedness secured by this Security Instrument at any one time is S..3A,ROQ,RQ...................................... This limitation does not include interest and any amount advanced by mortgagee in protection of the mortgaged premises or this mortgage, including but not limited to: taxes, assessments, charges, claims, fines, impositions, insurance premiums, amounts due upon prior or superior mortgages and other prior or superior liens, encumbrances and interest, legal expenses and attorneys' fees. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (You must specifically identify the debt(s) secured and you should include the final maturity date of such debt(s).) Borrower(s): MARY E AMES Principal/Maximum Line Amount: 30,000.00 Maturity Date: 01/19/2029 Note Date: 01/20/2004 B. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. S. MORTGAGE COVENANTS. Mortgagor agrees that the covenants in this section are material obligations under the Secured Debt and this Security Instrument. If Mortgagor breaches any covenant in this section, Lender may refuse to make additional extensions of credit and reduce the credit limit. By not exercising either remedy on Mortgagor's breach, Lender does not waive Lender's right to later consider the event a breach if it happens again. Payments. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. Prior Security Interests. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees to make all payments when due and to perform or comply with all covenants. Mortgagor also agrees not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written approval. Claims Against Title. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. Property Condition, Alterations and Inspection. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. Authority to Perform. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. Leaseholds; Condominiums; Planned Unit Developments. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. Condemnation. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. (page 1 ors) 01994 Wolters Kluwer Financial Services Bankers Systems TM Form USBOCPMTG-MN 5/12/2010 6099AD 5/10 Insurance. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shalt immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. Financial Reports and Additional Documents. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell and mortgage, with the power of sale, the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. 8. DEFAULT. Mortgagor will be in default if any of the following occur: Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Debt that is an open end home equity plan. Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to make a payment when due. Property. Any action or inaction by the Borrower or Mortgagor occurs that adversely affects the Property or Lender's rights in the Property. This includes, but is not limited to, the following: (a) Mortgagor fails to maintain required insurance on the Property; (b) Mortgagor transfers the Property; (c) Mortgagor commits waste or otherwise destructively uses or fails to maintain the Property such that the action or inaction adversely affects Lender's security; (d) Mortgagor fails to pay taxes on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is senior to the lien of this Security Instrument; (e) a sole Mortgagor dies; (f) if more than one Mortgagor, any Mortgagor dies and Lender's security is adversely affected; (g) the Property is taken through eminent domain; (h) a judgment is filed against Mortgagor and subjects Mortgagor and the Property to action that adversely affects Lender's interest; or (i) a prior lienholder forecloses on the Property and as a result, Lender's interest is adversely affected. Executive Officers. Any Borrower is an executive officer of Lender or an affiliate and such Borrower becomes indebted to Lender or another lender in an aggregate amount greater than the amount permitted under federal laws and regulations. 9. REMEDIES ON DEFAULT. If this is a conventional loan under Minn. Stat. § 47.20, Lender will give Mortgagor written notice of default prior to foreclosure, by certified mail at the address of the Mortgaged property or such other address Mortgagor may have designated to Lender in writing, unless the default consists of the sale of the Property without Lender's consent. The notice will specify: (a) the nature of the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is mailed by which the default must be cured; (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property; (e) that the Mortgagor has the right to reinstate this Security Instrument after acceleration; and (f) that the Mortgagor has the right to bring a court action to assert the nonexistence of a default or any other defense of the Mortgagor to acceleration and sale. In addition to any other remedy available under the terms of this Security Instrument, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure, or other notices and may establish time schedules for foreclosure actions. Upon default, Lender shall have the right, without declaring the whole indebtedness due and payable, to foreclose against all or any part of the Property. This lien shall continue as a lien on any part of the Property not sold on foreclosure. (page 3 of5) ®1994 Wolters IOuwet financial Services • Bankers Systems TM Form USBOUMTGMN 5/12120106099AD 5/10 At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or any time thereafter. If there is a default, Lender shall have the power of sale and may advertise and sell the property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title and interest of Mortgagor at such time and place as Lender designates. If Lender invokes the power of sale, Lender shall give notice of the sale including the time, terms and place of sale and a description of the property to be sold as required by the applicable law in effect at the time of the proposed sale. Lender or its designee may purchase the Property at any sale. Upon the sale of the Property and to the extent not prohibited by law, Lender shall make and deliver a deed to the Property sold which conveys absolute title to the purchaser. Lender shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Mortgage; (c) any excess to the person or persons legally entitled to it. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. If the Property is sold pursuant to this section, Mortgagor, or any person holding possession of the Property through Mortgagor, shall immediately surrender possession of the Property to the purchaser at the sale. If possession is not surrendered, Mortgagor or such person shall be a tenant holding over and may be dispossessed in accordance with applicable law. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it happens again. 10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. if Mortgagor breaches any covenant in this Security Instrument, Mortgagor agrees to pay all expenses Lender incurs in performing such covenants or protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred for inspecting, preserving, or otherwise protecting the Property and Lender's security interest. These expenses are payable ondemand and will bear interest from the date of payment until paid in full at the contract interest rate in effect as provided inthe terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to,.attorneys' fees, court costs, and other legal expenses. To the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 13. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti -deficiency or one -action laws. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. ®1994 Wo ters Kluwer ilnan ial Se Ices- Banker Systems 1M Form USWXPWG-MN S/1 2/2010 6099AD 5110 (Page 4 of Si 14. SEVERABILITY; INTERPRETATION. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 15. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate parry's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 16. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all appraisement, dower and homestead exemption rights relating to the Property. 17. LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. 18. APPLICABLE LAW. This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to the extent otherwise required by the laws of the jurisdiction where the Property is located, and applicable federal laws and regulations. 19. RIDERS. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] 0 Assignment of Leases and Rents ■ Other .................................................. 20. 0 ADDITIONAL TERMS. SIGNATURES: By signing belo ortgagor agrees to a terms and covenants contained in this Security Instrument and in attachm ts. M acknowledges receipt Or a copy of this Security Instrument on the date stated on page 1. (Signature) E. AMES ate) (Signature) (Date) ACKNOWLEDGMENT - STATE OF .................... COUNTY OF ...QC,; —1 6n................. ss. This instrument was acknowledged before me this ......ca?.0 y FIRIED ...... day of ..... ....................t,c�i.Q 1........... by MARY E: AMES. UNMA....................................... ................................................................................ ............................................................................................................................................. . ......................................................................................... I ........ ................ ....................... . My commission expires:,JCArn 31 . aJ►lo CURIE HOFFMAN �. b c. T�1 yaipIC� MINNEsoTA , of . This i t r iss� fa;S'liiih:'31;20T6.».................................................................... 01994 Wolters Kluwer FinandalServices - Bankers Systems WForm USBOCPMTG-MN 5/12/20106099AD 5/10 (page5ofS) EXHIBIT "A" LEGAL DESCRIPTION_ - - - -- - ---------- - -------------------- - --- Page::-1 of-�------- ---�. . Account #: 20084703 Index M Order Date : 09/13/2011 Reference : 3000232675 Parcel #: 33-030-20-14-0110 Name: MARY E. AMES Deed Ref : 895049 TRACT OR PARCEL OF LAND LYING AND BEING IN THE COUNTY OF WASHINGTON AND STATE OF MINNESOTA, DESCRIBED AS FOLLOWS, TO -WIT: THE NORTH 119 FEET OF LOT 6, COUNTY AUDITOR'S PLAT NO.4, FIRST WARD. SUBJECT TO ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS, LEASES AND RESTRICTIONS OF RECORD, ALL LEGAL HIGHWAYS, ALL RIGHTS OF WAY, ALL ZONING, BUILDING AND OTHER LAWS, ORDINANCES AND REGULATIONS, ALL RIGHTS OF TENANTS IN POSSESSION, AND ALL REAL ESTATE TAXES AND ASSESSMENTS NOT YET DUE AND PAYABLE. BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN DOCUMENT NO.895049, OF THE WASHINGTON COUNTY, MINNESOTA RECORDS. _*U02170943, 6602 9/26/201,1 77307860/1 IIII1111�111�1�1 EXHIBIT 5 Iwa ter Building Inspection � Site inspection at: Mary E. Ames 1309 3rd Street S Stillwater, MN 55082 6/8/2023 The Building Inspections Department, along with members of the Building Planning Department, met at 1314 2nd St. S to inspect the collapsing garage and retaining wall at 1309 3rd St. S. The back wall of the garage is collapsing which in turn is twisting the roof and masonry chimney protruding through the roof. The chimney is tilted to the north at such an angle that it will no doubt fall over in a short time. The north half of the garage has a wood foundation and wood floor which is progressively pitching downhill to the east as the east wall deteriorates. The wood posts and beams are rotted and displaced which has compromised the floor, exterior walls, and roof. The South half of the garage has a masonry foundation which is also deteriorating and being undermined in the south-east corner. This foundation is cracked and also leaning downhill to the east, which is pulling the walls, roof and chimney out of plane. It is no longer safe to put automobiles in the garage. Our recommendation is to demo the garage and its foundation completely before it collapses. Since a collapse would undoubtedly result in wall, roof and chimney sections falling into the yard of the neighbor below, it becomes a safety issue that we, and the residents of 1314 2nd St. S, are concerned about. Since some of the east garage foundation also retains earth on the uphill side, a means of earth retention would have to be put in place to prevent any further earth displacement and erosion. We also observed the failing condition of the retaining wall which is attached to the east garage foundation at its southeast corner. The North side of the wall is cracked and heaving towards the property below. Rain drainage continuously flush soil out the wall drainage holes further weakening it with every storm. Our recommendation is to also demo this wall and regrade or rebuild a new retaining wall. Regards, Lauren Sirotiak Mike Eng Stillwater Building Inspections Department 216 Fourth Street N., Stillwater, MN 55082 • 651-430-8825 •Fax: 651-430-8810 • www.ci.stillwater.mn.us Iwa ter Building Inspection � 216 Fourth Street N., Stillwater, MN 55082 • 651-430-8825 •Fax: 651-430-8810 • www.ci.stillwater.mn.us EXHIBIT 6 Iwa ter Building Inspection � To: Kori Land, City Attorney Tim Gladhill, Community Development Agreement Morena Garcia, Code Enforcement Technician From: Cindy Shilts, Building Official Date: August 30, 2023 RE: 1309 3rd Street South Garage and Retaining Wall On August 15, 2023, the Building Department along with the Code Enforcement Technician conducted an inspection on 1309 3rd Street South to address ongoing neighbor complaints of a collapsing garage and rear yard retaining wall. My observations are as follows: • The detached garage and retaining wall are located on the adjoining property line to 1314 2nd Street South. The retaining wall is approximately six to seven feet tall and retains the yard of 1309 3rd Street South above 1314 2nd Street South. • The retaining wall supports the detached garage and is collapsed at the garage and has areas of failure along the plane of the wall. • The garage's foundation, floor, structural posts and beams are rotted and is deteriorated beyond repair. The garage is leaning toward the neighboring property of 1314 2nd Street South. • The garage's chimney has recently collapsed and fell into the rear yard of 1314 2nd Street South. Based my observations it is my professional opinion that the garage and retaining wall are deemed hazardous structures and pose a life safety hazard to the neighboring properties. The garage will need to be demolished and the retaining wall requires replacement in a timely manner. 216 Fourth Street N., Stillwater, MN 55082 • 651-430-8825 •Fax: 651-430-8810 • www.ci.stillwater.mn.us � � ." �" X .2.! ,�=�ti3,� i"' ::♦ s� tR�_ �,K,_,'_- act t � �,�saaJ ♦. byy-. I ki �. - _ _ =a,�= _ _ - �' -,,- - ._�., _ EXHIBIT 7 Notes: CERTIFICATE OF SURVEY Notes: M, Ind. Measured Value. Bearing System is an R. " Ind:. 'Record Value. BARRETT M. STACK .assumed datum. o Indicates #13774 iron pipe set, STILLWATER, MINN. 55082 Offsets shown to existing structures unless noted otherwise. MINNESOTA REGISTERED are measured to the outside building * Indicates iron found inplace as noted. LAND SURVEYOR wall line, unless noted otherwise. Any Underground or overhead, public or private Tel. No.439-5630 ,projections from said wall lines, such as utilities, on or adjacent the parcel, were eaves,.sill.s, steps, etc.', will impact .not located in conjunction with this survey, indicated offsets accordingly.. ' unless noted otherwise. Underlined.of indicates'rec.;Desc. typo error. SURVEY MADE EXCLUSIVELY FOR; Collin and Alyssa Soukup, 1314 Second Street South, Stillwater, Minnesota, 55082. DESCRIPTION; As Recorded: (per Document No. 4230708, Washington County -Records) Lot Eight (8) of County Auditors Plat No. Fourc,,(4).� _.according to.the platiof thereof on file and of record in the Office of the Register of Deeds in and for Washington County, Minnesota. Additional Notes: The,. l' += wide Block Wall shown hereon is tipped easterly and fracturing in many places. This wall has a wood fence located generally along the the top of the wall as a.safety measure for the adjoiner westerly. The date or erector of this walls origin is not currently known by Stack Land Surveying. The southwesterly corner of Lot 8, Co. Aud. Plat'.:No. 4, falls in the N'ly. edge of a power pole and was not set. � S�'cOn/.d �•i . E'_ k/ /PEC . C: A P. � OFt'OS - < PNG?• Z <TY ��� Ala. 2: N0.2T1-1 � < yE Cow Z � if%/C.IC //✓�L L. �OD'G La s F.ei1ME Lo 7-IVAI La T B 3 �r�eir4E � 1 V 4.S`#Gc SEC�e.Oz� Z STOGY j , �•-- L Co/vc. N/JLL O, �6e f i yr v/e. ExT, q/v L//1/E Z9, /'_' E, Ss0 !.8'�W i 30�.l±�G Q.,C°2• iTY�) i .�O.e, �/ Q�• V `� I Q i J co/vc'._ �/ G✓. L/yam' h . y, L p� Z D 7'0/� OF_/"` �✓/OE /' Jam/ %�G % _�/ L✓040 FE. aN Tory o 2B.d E 1 / ze* 5 e 'r j 45- ca e, Ta,- S99`JG'3D`GS/ _/Y3 r SD �N n��p / _ I hereby certify that this survey, plan, or report was QL D i 7 prepared by me or under my direct supervision and that ,�0 ��� ,� h I am a duly Registered Land Surveyor under the laws of z . /S' D�� o s l�f4E �/3 the State of Minnesota. .... ..... ............. ......`.... ............ I........................ May 15, 2021 13774 Date......................... Reg.P+io............................... EXHIBIT 8 EMERALD ASH BORER UPDATE 2023 By: Andrew Coyne, Natural Resources Technician ASH TREES IN MINNESOTA •Minnesota ash population ~1billion trees •Black ash - millions of acres of swamp in northern Minnesota •Green ash – adaptable to drought, flooding and urban conditions •Overplanted after Dutch Elm Disease (1961-1978) •After DED wipeout, elms were largely replaced with only two trees: silver maple and green ash. EMERALD ASH BORER (EAB) •Agrilus planipennis –Emerald Ash Borer •Wood boring beetle, native to northeast Asia •Feeds on all ash species in North America •Kills healthy trees in 2-4 years •>99% mortality rate EAB IN MINNESOTA •First detected in Michigan in 2002 •Rapidly spread across midwest and east coast •Detected in Minnesota in 2009 •St. Paul, Minneapolis – heavily infested •First reported in Stillwater in 2018 0 10 20 30 40 50 60 70 80 90 100 0 5 10 15 Pe r c e n t A s h M o r t a l i t y Years After First EAB Infestation EAB Death Curve EAB IN STILLWATER Treated; 157 Not Treated; 140 Removal ; 291 Stillwater Public Ash Tree Status Treated Not Treated Removal •588 public ash trees •291 need removal •140 need to be treated or will need future removal •157 treated by homeowners, continue to monitor •Thousands of private ash trees Insecticide Treatment Emmamectin Benzoate –2 year cycle Only healthy trees (>70% live canopy) Survival is not guaranteed Time for treatment is running out *140 Untreated trees: 7416 total DBH inches @ $4.10/inch $30,405.60 every two years After 13 years, treatment cost will surpass the cost of removal and replacement Remove & Replace High up front cost Eliminates/ prevents hazards Replacement is important $1650/tree for removal, stump grinding, replacement and 3 years of maintenance 291 Dead/Dying trees: $480,000 *140 Untreated trees: $231,000 Biological Control Using natural predators to control invasive species: Parasitoid wasps Woodpeckers Fungal Control Emerging field, limited research and applicability Will not eradicate EAB, but can help with control at the landscape level MANAGEMENT OPTIONS * Based on June 23’ survey. Some of these trees may now be on a treatment program, some may be too infested to treat at this point. STRATEGIES FOR MOVING FORWARD •Diversify •Proactive planning to avoid future canopy losses •75% of canopy only 5 genera (based on 2010 DNR survey) •Strive for <10% of each genus •Avoid planting maple, spruce, birch, apple for now •Educate •Empower citizens to be urban forest monitors •Detection/management of present pests: Emerald Ash Borer, Oak Wilt, Dutch Elm, Spongy Moth •Early detection of nearby pests: Asian Long-Horned Beetle, Spotted Lanternfly, Mountain Pine Beetle, etc. •Collaborate •UMN Tree Care Advisors, Tree Trust, U.S. Forest Service, MN DNR grants, WCD cost share grants Genus % of canopy Picea (Spruce) 18.9 *Fraxinus (Ash) 16.5 Acer (Maple) 14.5 Betula (Birch) 13.0 Malus (Apple) 12.6 *this number has decreased since EAB 75.5 QUESTIONS? “Unless we practice conservation, those who come after us will have to pay the price of misery, degradation and failure for the progress and prosperity of our day.“ ‐Gifford Pinchot, In The Fight for Conservation (1910) �l Water T H E B I R T H P L A C E O F M I N N E S O TA DATE: November 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director Larry Odebrecht, City Councilmember SUBJECT: Affordable Housing Policy Work Plan Request DISCUSSION Councilmember Odebrecht has requested consideration from the City Council to prioritize the establishment of an Affordable Housing Policy. The attached slide deck provides some additional context and ideas. The purpose of this discussion is to help leverage existing resources, projects and partnerships. • 2024 Comprehensive Zoning Code Update to streamline processing and `right - size' regulations • New Metrowide Sales Tax for Housing Initiatives • Existing Partnerships with Outside Funding Agencies Affordable Housing is defined at a household spending no more than 30% of their income on housing. Affordability Thresholds are based on AMI (Area Median Income). The attached slide deck provides additional breakdown of specific affordability thresholds. Resource Needs An initiative of this priority will require Staff Support. This initiative is already a priority of the Community Development Department and could be further supported by the Planning Commission and Human Rights Commission. The Economic Development Authority (EDA) could have a future role if new programs are recommended. This current review is focused on smaller, low resource policies in order to gain momentum. Additionally, the 2040 Comprehensive Plan includes a tactic to create a Housing Action Plan. This is an optional elective of the Comprehensive Plan and not a requirement of the Metropolitan Council. Furthermore, the Community Development Department is in the process of restructuring its Work Plan to delegate projects to newer Staff in order to balance workload. As part of that effort, Community Development Staff has developed a process to better define and consider Project Proposals. AFFORDABLE HOUSING IN STILLWATER STRATEGIC DIRECTION DISCUSSION 2023 T� T� Formation of a Specialized Timing of Launch Staff Involvement Communication & Decision Team on Affordability Making Approach: Bring together a diverse group of citizens to address housing affordability in Stillwater. Recommendation: Seel< involvement via socials and newsletter as we did with the Energy Action Team. When do we want to I<icl< off this initiative? Are there I<ey dates or milestones we need to consider? Determine the extent of staff participation and their roles. Larry to dedicated significant time as leader. Recommendation: no decision -making power afforded to team — worl< ends in a recommendation to council. Joe and Tim to help ensure final recommendation is acceptable to council (leveraging the Energy Action Team model). THE CHALLENGE Limited Choices: Low-income community members, face limited housing options. Displacement Risk: Lacic of affordable homes increase the risk of residents getting displaced. Economic Impact: High housing costs reduce spending on other essentials, affecting local businesses and Stillwater s economic growth. Superheros: Sadly, this problem affects some Icey resident: Police, Fire,Teachers, etc. ■ We HaveATotal Of 7,958 Housing Units In Sti I Iwate r. ■ Out Of These, Just 299 Units, Or 3.76%, Cater To Those Earning Up To 30% Of AMI. ■ ForThose Earning Between 31 % And 50% Of Ami, 726 Units Or 9.12% Become Accessible. ■ A near Majority, 3,834 Units Or 48.18%,Are Within Reach For Residents Earning Between 51 % And 80% Of AM I. A Affordable Housing: A household spends no more than 30% of their income on housing. AMI (Area Median Income): A metric used to determine income thresholds for housing affordability. 2023 Affordability Thresholds and Data (Metropolitan Council) based of AMI of $98k (family) $50k (individual): # of Bedrooms for Rent 30% AMI 50% AMI 60% AMI 80% AMI Efficiency $652 $1,087 $1,304 $1,739 1 Bedroom $699 $1,165 $1,398 $1,864 2 Bedroom $838 $1,397 $1,676 $2,235 3 Bedroom $969 $1,615 $1,938 $2,584 4 Bedroom $1,080 $1,801 $2,161 $2,883 Family Income Level 80% AMI 60% AMI Affordable Home Ownership Price $304,700 $234,200 50% AMI $192,800 30% AMI $109,900 Affordable Housing Need Allocation Units (2040 Comprehensive Plan) At or below 30% AMI 31 % to 50% AMI 51 % to 80% AMI Units Needed 117 80 30 Total 227 Housing Action Plan Development: Initiate a housing action plan by 2022 to comprehensively address housing challenges. 11 City Area Designations: Specify regions within the WON city for housing upliftment while preserving naturally occurring affordable housing. Housing Affordability Programs: Set up housing initiatives and tools. Assess the financial implications of diverse regulatory provisions to ensure affordability. Critical Housing Issue Analysis: Deep dive to understand pressing housing matters and create strategies to tackle them. Housing Needs Assessment: Execute thorough surveys to pinpoint and address housing necessities. Cost and Savings Relationship: Strive to discern the correlation between initial capital expenses and subsequent operational savings. • Financial Boost: State legislators recently enhanced Minnesota Housing with a notable $1 billion in addition to its regular $190 million biennial budget. This initiative aims to aid more Minnesotans in securing affordable housing. • Programs Overview: This analysis from the League offers a comprehensive list of housing schemes on pages 19 and beyond. While many of these programs require developer participation, some can directly benefit city -led housing projects. • Highlighted Avenues: • Local Affordable Housing Aid: An initiative aimed at supporting local housing efforts. • Local Housing Trust Fund Matching Grants: Opportunities for Stillwater to establish its Local Housing Trust Fund. • Community Stabilization: Ensuring stable and thriving communities through sustainable housing initiatives. • Recommendation from LMC: The legislature setting aside a significant funds but not yet disbursing the funds, the LMC recommends that Stillwater takes proactive steps to prepare and maximize potential benefits. • Next Steps: Consultation with LMC's Intergovernmental Relations Team, to shape and lead housing discussions in Stillwater. OUR CURRENTWORK: INITIATIVES &ACHIEVEMENTS Achieved: Amended city code to accommodate Accessible Dwelling Units. Objective: Ensure housing aligns with the requirements of individuals with physical challenges. Ongoing: Exploring the establishment of an emergency housing facility near the County Government Center. Collaboration: Actively working with Washington County to devise innovative solutions. Proposed: Exploring collaboration with Stillwater Area High School. Vision:Acquire properties through the Economic Development Authority, offering students the opportunity to renovate them. Possible Focus: Undertaking modifications to the city's code to boost housing density. Strategy:Support housing projects that reserve units for those with lower incomes via incentives Note: Zoning updates on the horizon for next year. Accomplished: Spearheaded the Connector Loop bus route, enhancing the city's connectivity. Function: Links housing communities with essential establishments. Impact: Provides a vital transportation mode for individuals lacking personal vehicles, ensuring they can access necessary services. Leading the Charge Role: I'll be at the forefront, facilitating co -creation sessions. Support: Our Community Development team will provide crucial backing. Reference: Drawing from the successful Energy Action Team framework. 1GA Model Inspiration Proven Success:The Energy In Action initiative showcases the efficacy of community - driven models. Defining the Guardrails Staff Time Value: Recognize the significance of staffs time and strive to optimize it. Fiscal Constraints: Understand the city's budgetary limitations - city funds are limited. Empowerment: Empower the community, providing them autonomy from defining the fffl Our Strategy purpose to deciding on tactics. Facilitation: I will guide these sessions, ensuring alignment with our guardrails while fostering creativity and innovation. T� T� Formation of a Specialized Timing of Launch Staff Involvement Communication & Decision Team on Affordability Making Approach: Bring together a diverse group of citizens to address housing affordability in Stillwater. Recommendation: Seel< involvement via socials and newsletter as we did with the Energy Action Team. When do we want to I<icl< off this initiative? Are there I<ey dates or milestones we need to consider? Determine the extent of staff participation and their roles. Larry to dedicated significant time as leader. Recommendation: no decision -making power afforded to team — worl< ends in a recommendation to council. Joe and Tim to help ensure final recommendation is acceptable to council (leveraging the Energy Action Team model). x Ole spa x � � Key Question Proposed Timing & Recommended Roles End Goal Structure & Responsibilities Should We Embark on This Journey? Assess the feasibility and relevance of this initiative. Recruitment: I will tal<e the lead on gathering the right team with help from socials and newsletter. Meeting Cadence: Envision a I<icl<-off, followed by 6 sessions spaced approximately a month apart. My Role: Lead and facilitate, ensuring discussions remain focused and productive. Community Development Team: Offer essential support, bacl<ing my leadership. City Attorney Input: Help in understanding what's achievable within our constraints. Deliverable: Results should align with what the council can accept, taking cues from successful initiatives like Energy Action. Stakeholders: Input from Joe and Tim is crucial for final acceptance. 4)X THANKYOU MS4 Annual Public Meeting City of Stillwater November 8, 2023 1 MS4 Permit Updates and Compliance 3 4 MS4 Permit Background 5 Municipal Separate Storm Sewer System (MS4) Permit • Conveyance or system of conveyances- roads, catch basins, curbs, ditches, etc. • Who is regulated? o Cities, Watershed Districts, Colleges, MnDOT 6 What’s the Problem? According to the Environmental Protection Agency, stormwater runoff is the leading source of water pollution. 7 Only Rain Down the Storm Drain Anything in the streets and ditches –litter, pesticides, grass clippings, motor oil – can end up in our local lakes, wetlands, and creeks. Minimum Control Measures (MCMs) 1. Public Education and Outreach 2. Public Participation and Involvement 3. Illicit Discharge Detection and Elimination 4. Construction Site Stormwater Runoff Control 5. Post-Construction Stormwater Management 6. Pollution Prevention and Good Housekeeping for Municipal Operations 9 10 MCM 1: Public Education & MCM 2: Public Participation -Residential best management practices topics -Articles in the City’s newsletter - EMRWEP partnership - Information on website - City clean-up event MCM 3: Illicit Discharge Detection & Elimination - Updated Storm Sewer System Map -One (1) illicit discharges reported or identified in 2022 - Field staff refreshed on illicit discharge training 11 MCM 4 & 5: Construction Site & Post-Construction Management -108 active construction site visits in 2022 - 2 trained inspectors 12 MCM 6: Good Housekeeping for Municipal Operations - Quarterly inspection of Public Works’ Yard - Completed required inspections for stormwater infrastructure - Removed excess stored materials and routine sweeping of the yard - Continue routine trainings for field/seasonal staff 13 THANK YOU 14 ,7�III� S TIL L WA TER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to P�.-PP.-i 4".1.1 and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: November 8, 2023 j (water 216 41h Street N, Stillwater, MN 55082 r0 0651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES October 17, 2023 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Captain Julien Public Works Director Sanders Assistant City Engineer Abdullah PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS SMART Salt Training Presentation Angie Hong, Coordinator of the East Metro Water Resource Education Program, gave a presentation on the harmful impacts of chloride from road salt, water softeners, fertilizer, manure, and dust suppressant. She stated that Long Lake is close to being de -listed for excess nutrients, but shows new chloride impairment. Karen Kill, Brown's Creek Watershed District Administrator, noted the Long Lake measurement was done in 2019 and it is unclear whether it is getting worse or slowing down. Ms. Hong offered several ways Stillwater can reduce its salt output, including participating in the Minnesota Statewide Chloride Management Plan and the Smart Salting Certification Program, offered by the Minnesota Pollution Control Agency in partnership with Bolton & Menk. Grants for certain projects are offered through the MPCA. Public Works Director Sanders shared ways the Public Works Department reduces salt use. Stillwater's 180th Birthday, Heritage Preservation Commission Annual Report and Awards Heritage Preservation Commission (HPC) Chairman Matt Thueson noted the City's 180th birthday and the 50th anniversary of the formation of the HPC. He reviewed the history of preservation efforts in Stillwater. City Council Meeting October 17, 2023 HPC Vice Chair Fitzie Heimdahl and Chairman Thueson recognized the following with HPC awards: Sara Jesperson, Union Art Alley; 1021 Third St S; Contractor Chris Rustad; 1003 Sixth Ave S; 902 Fourth St S; Freight House; Image 360; Seven Edges Design; Cates Fine Homes; Stillwater Public Library; the Washington County Historical Society. Proclamation - Breast Cancer Awareness Month Police Captain Julien explained the Pink Patch Project for breast cancer awareness, and Mayor Kozlowski read a proclamation designating October 2023 as Pink Patch Project/Breast Cancer Awareness Month. OPEN FORUM Dave Najarian, Art's Coffee, requested a Conditional Use Permit for a drive -up window. Community Development Director Gladhill stated this would require an amendment to City Code; he will coordinate with Mr. Najarian and bring the issue to the Planning Commission. Linda Hanson asked if more handicapped -accessible parking can be designated downtown and be better enforced; Community Development Director Gladhill stated the City offers free parking for vehicles with a disability sticker even in the pay zone. He will work with Ms. Hanson and the Police Department to resolve the problem and better inform the public. STAFF REPORTS Public Works Director Sanders updated the Council on the Teddy Bear Park project, and stated there will be an update on the emerald ash borer at the next Council meeting. Police Captain Julien commended Officer Mike Mallet for his work on the Pink Patch program, and Officer Steven Papke for developing a Pals Program (Police At Local Schools), to promote relationship building with kids. He stated three new officers have started, gave a downtown parking update, and stated the Police won the Police versus Fire Tug of War. Fire Chief Glaser reported on Fire Prevention Week activities and the blood drive. Finance Director Provos stated the software update has begun - kudos to Kathy Berwald. Community Development Director Gladhill updated the Council on personnel recruitment, the Sundance Stillwater project and Chapel Hill Flats project. City Clerk Wolf stated absentee early voting is open; the next City Council meeting will be November 8 due to the election; there are openings on the Charter, Downtown Parking, Joint Cable and Library Boards. Business License renewals are due November 1. City Attorney Land stated lease renewals are progressing. City Administrator Kohlmann stated he, the Mayor and Director Sanders will testify before the House Investment Committee regarding Myrtle Street on November 14. CONSENT AGENDA October 3, 2023 Regular Meeting Minutes Payment of Bills Broken Storm Sewer Pipe - Chestnut Driveway Project Brown's Creek Prairie Restoration Page 2 of 7 City Council Meeting October 17, 2023 Gambling Premise Permit for Bayport American Legion Post 491 - Resolution 2023-142 Gambling Premise Permit for Stillwater Elks Lodge 179 - Resolution 2023-143 225 Main St N, St. Croix Boat & Packet Dock Permit and Lease Renewal Temporary Liquor License for Ascension Church Therapeutic Massage Business and Individual Massage Therapist Licenses - Resolution 2023-145 U.S. Bench Corporation Bench License Encroachment Agreement for 324 South Main Street Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Proposed Assessments for 2023 Street Improvement Project Assistant City Engineer Abdullah explained the project. The final project cost is estimated to be $2,520,367. There were slight variations in the final assessment amount and appraisals were higher than the estimated and final assessments of the project. Property owners are being assessed the lower of the two (actual cost of the project) because assessments cannot be more than the appraised benefit to the properties. He explained the assessment rates and time periods. Two objections have been submitted. Mayor Kozlowski opened the public hearing. Melissa Loskota, 804 Anderson Street, stated her assessment went up from $13,260, including water service, to $16,409. As a single mom working two jobs, the assessment is a hardship and will force her to sell her house. She asked why her neighbors got a water service last year and they were charged less; and Mr. Abdullah replied that the contractor's price for the water services was higher this year. Chris Cooper, owner of 1410 Greeley Street (Lily Lake Terrace), with partner Harold Teasdale, stated the $88,000 assessment for their property is 14% of their gross annual revenue and will be an extreme hardship. If they pass it through to their tenants it would be a $20-42 per month per tenant rent increase depending on the assessment term. He has been in multifamily real estate for 18 years and Mr. Teasdale is a pioneer of affordable housing. They have no idea how they will manage the assessment. Mayor Kozlowski responded that if the City absorbed the cost of street projects, everyone's taxes would go up 30% and it would be unfair to those who are still paying off assessments from 15 years ago. He has spent hundreds of hours trying to figure out a better way. Jon Miner, 928 Abbott Street, asked how far in advance street projects are planned. Would it be possible for the City to notify property owners a year and a half or two years in advance, to give them the opportunity to save up money for the assessment; and Mr. Sanders answered that the City rates street condition every three to four years and has a good idea of projects five years out; there should be an updated map on the City web site showing this. The process, starting with authorization for the feasibility report, starts in late summer for the following year, and notices of neighborhood meetings are sent out almost a year in advance. Page 3 of 7 City Council Meeting October 17, 2023 Finance Director Provos added that property owners may pay off all or a portion of their assessment without interest. Scott Brasher, 721 Martha Street South, asked how his corner lot was assessed, noting it is a narrow dead end street; and Mr. Sanders replied that corner lots are assessed per side that was improved. It is a unit assessment so everyone got the same assessment rate. Mr. Brasher then stated his assessment will be a real struggle for him. He feels the assessment method is not an acceptable method, and the problem is not being addressed. Mayor Kozlowski responded that every city uses assessments and he has been trying to figure out a solution to the problem of large assessments. The answer was to make the term 10-15 years and give people more time to pay. The State limits the City's ability to assess to the amount of increase in property value that results from the project. The City is seeking State funding for major streets like Myrtle Street. Tom Grimm, 1050 Orleans Street West, echoed the concerns expressed, adding that his driveway situation has not been resolved to his satisfaction. Adding the sidewalk where there was not one before changed the pitch of the driveway. There is a crest on the driveway reducing the ground clearance which is problematic for his tenant next door; and Mr. Abdullah responded that there was originally a sidewalk there, but at some point it was cut and raised to match the driveway. For this project, the sidewalk had to be lowered to meet ADA requirements. He will work with Mr. Grimm on the issue. Mayor Kozlowski closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2023-146, Resolution Adopting Assessment for 2023 Street Improvement Project (Project 2023-02, L.I.436). All in favor. Proposed Assessments for 72nd Street and Trail Improvement Project Public Works Director Sanders reviewed the project which should be completed by the end of this month. The total cost is estimated to be $711,100. Seven properties would be assessed, totaling $39,000. Instead of unit assessments, appraisals were used to determine assessments. Assessment amounts vary from $3,000 to $12,000 based on appraisals for each of the assessed properties. He explained the assessment rates and time periods. To date no objections have been submitted. Councilmember Polehna stated he thought every street project is assessed by unit. He feels it should be consistent. Councilmember Junker noted this project is much different than other projects because the road was originally unpaved. The Council had many meetings to figure out an equitable way to pay for the project and the City paid much of the cost. Mr. Sanders answered when he was doing calculations, looking only at a cost per lineal foot, according to City policy assessing 80% for a reconstructed road, it comes out to be about $100/lineal foot. So the 270 foot lot would have a $27,000 assessment based on lineal feet. Instead, that large lot is assessed at $12,000. He asked the appraiser why there was such variation and was told there are not many homes on this project that have driveways on the Page 4 of 7 City Council Meeting October 17, 2023 roadway, so they probably would not be using the new road as much as someone living on an interior lot. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2023-147, Resolution Adopting Assessment for 72nd Street Road and Trail Improvement Project (Project 2022-04, L.I. 438). All in favor. Proposed Assessments for CSAH 5 Phase 2 Improvement Project Assistant City Engineer Abdullah reviewed the project and stated the City portion of the final project cost is estimated to be $630,144. There were slight variations in the final assessment amount. He reviewed the assessment rates and time periods. To date no objections have been submitted. Mayor Kozlowski opened the public hearing. Joel Luth, 206 Owens Street South, asked why the work is not done yet. There is not a top layer on the street yet, and brand new curbing is already breaking up. Since the street will not get the top layer till next year, what will happen when the snow plow hits the curb? Mr. Sanders answered this was a County -led project. It is unusual for the County not to pave the final wear course, but this project was unique because there was a lot of underground work in the project area, so they wanted to wait over the winter season to see if there is any settlement in the road. The curbs are being marked and will be replaced as part of the contractor's punch list items. Jameson Beuke, 215 Owens Street South, stated he is not happy about his driveway. The entrance is wrong and is already on the punch list to be fixed next year. He had pavers along the driveway and rock next to that to accommodate his plow truck in the winter. He is contesting his assessment because what was done in his yard was supposed to be fixed this year, but it was not fixed. The County stated it is a City problem and vice versa. He will withhold payment until the work is done. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt Resolution 2023-148, Resolution Adopting Assessment for CSAH 5 Improvement Project (Phase 2 Project 2019-09, L.I.437). All in favor. Ordinance amendment of 31-514.1 to allow manufacturing of THC-infused beverages as an accessory use at breweries and distilleries and to allow the sale of THC-infused beverages at off- sale liquor establishments - 2nd reading on 2 Ordinances City Attorney Land stated the ordinance amendment allows the manufacture of THC-infused beverages only at distilleries and breweries as an accessory use (not a primary use), and allows the sale of THC-infused beverages at liquor stores. The moratorium adopted by the City is still in place. This is a narrow new allowance under the existing legislation. Councilmember Junker expressed concern that from now until the State of Minnesota gets up and running, tentatively January 1, 2025, the Department of Health is the go -to agency Page 5 of 7 City Council Meeting October 17, 2023 for enforcement of cannabis regulations. How will the City know if the use goes from accessory to primary? He questioned the sale of beverages, levels of THC in beverages, marketing and advertising selling THC, how the City will enforce the restrictions in the ordinance and sales in a gas station convenience store. City Attorney Land replied the ordinance allows sales only at exclusive liquor stores. She agreed the situation is incredibly difficult to try to enforce. The Minnesota Department of Health is taking complaints, so if the City is aware of current businesses that are selling products with more than .3% THC or are manufacturing them unlawfully in the City, the Department of Health should be notified. The City's code enforcement officer can immediately address sign violations or other violations of code. Testing the product is something the City does not know how to do. The City can enter any of these businesses under City ordinances and try to confirm whether or not the manufacturing has become a primary use, but it is unclear how the City would do that. If a business is selling their THC- infused beverages on -sale, that would have to be something that the City just discovers. Councilmember Polehna stated he previously asked to see how other communities are handling these issues. Mr. Gladhill stated staff did a survey and have some results: out of the seven respondents in Washington County, at least three allow on -sale, and at least four allow off -sale retail sales of THC-infused beverages, so Stillwater would not be alone in allowing this type of use. Mayor Kozlowski noted Stillwater is more restrictive relative to many cities in Minnesota. There were no public comments. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt second reading of Ordinance No. 1205, an Ordinance Amending City Code Chapter 31, Section 31- 514.1 Regarding Performance Standards for Cannabis -Related Uses, and Ordinance No. 1206, an Ordinance Amending Stillwater City Code Section 41-10 Regarding CBD Retail Establishment License Exceptions and Performance Standards. Motion passed 4-1 with Councilmember Junker voting nay. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Ordinance Amendment to establish a special service district in the Downtown Stillwater area for purposes of imposing a service charge within the district - Ordinance 1st Reading City Administrator Kohlmann explained that a special service district is a defined area within the City where special services are rendered and the costs of the special services are paid from revenues collected from service charges imposed within that area. In general, the services are those not ordinarily provided throughout the city from general fund revenues of the City, or provided at an increased level than for the rest of the City. Commercial properties are proposed to receive the Special Service Charge per commercial building. The $500 per commercial building is anticipated to generate about $53,000 annually and allocated to the district in various services and improvements. He summarized the City's Page 6 of 7 City Council Meeting October 17, 2023 efforts to engage downtown business owners in discussion of creating a special service district. The next step is having a public hearing November 8. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt first reading of an Ordinance Enacting Stillwater City Code Chapter 56, Section 6 - Special Service District. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 9:56 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2023-142, Approving Minnesota Lawful Gambling Premise Permit for Bayport American Legion Post 491 at The Lumberjack Resolution 2023-143, Approving Minnesota Lawful Gambling Premise Permit for Stillwater Elks Lodge 179 at Melt Pizza Resolution 2023-145, Approving Issuance of New Therapeutic Massage Business License and Individual Massage Therapist License Resolution 2023-146, Resolution Adopting Assessment for 2023 Street Improvement Project (Project 2023-02, L.I.436) Resolution 2023-147, Resolution Adopting Assessment for 72nd Street Road and Trail Improvement Project (Project 2022-04, L.I.438) Resolution 2023-148, Resolution Adopting Assessment for CSAH 5 Improvement Project (Phase 2 Project 2019-09, L.I.437) Ordinance No. 1205, an Ordinance Amending City Code Chapter 31, Section 31-514.1 Regarding Performance Standards for Cannabis -Related Uses Ordinance No. 1206, an Ordinance Amending Stillwater City Code Section 41-10 Regarding CBD Retail Establishment License Exceptions and Performance Standards Page 7 of 7 i loom wa ter THE BIRTHPLACE OF M I N N E S O T A DATE: November 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Sarah Erenberg, Senior Account Clerk SUBJECT: Payment of bills A list of bills in the amount of $912,718.09 has been sent to the Mayor and City Council Members to approve for payment. i water THE BIRTHPLACE OF MINNESOTA DATE: November 211, 2023 TO: Honorable Mayor and City Councilmembers FROM: Brian Mueller, Chief of Police/Emergency Manager SUBJECT: 2023 Washington County All Hazard Mitigation Plan BACKGROUND Every five years Washington County Emergency Management leads the initiative to update the Washington County All Hazards Mitigation Plan. This plan was last updated in 2017-2018 and due for renewal this year. This plan includes all communities in Washington County including the city of Stillwater. representatives from all city departments participated in the update. Adoption of this plan will assist the city in partnering with other agencies, deploying best practices in all risk areas as well as being eligible for grant funding and identified reimbursable expenditures. RECOMMENDATION Staff recommends adoption of the 2023 Washington County All Hazards Mitigation Plan. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving RESOLUTION ADOPTING THE 2023 WASHINGTON COUNTY ALL HAZARDS MITIGATION PLAN. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION ADOPTING THE WASHINGTON COUNTY ALL -HAZARD MITIGATION PLAN WHEREAS, the City of Stillwater has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and WHEREAS, the Act establishes a framework for the development of a multi - jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; an WHEREAS, the Washington County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Washington County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Washington County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Washington County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS, the Washington County All -Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS, this is a multi -jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby supports the hazard mitigation planning effort and wishes to adopt the Washington County All -Hazard Mitigation Plan. Adopted by the City Council this 8th day of November, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk Llwater THE BIRTHPLACE OF MINNESOTA DATE: November 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Appointment to Human Rights Commission and Parks and Recreation Commission DISCUSSION Four Commissions had openings for members. Staff published the openings and applications were received however only for Human Rights Commission and Parks and Recreation Commission. Interviews were conducted on qualified applicants. The recommendations to fill the commission appointments are as follows: Charter Commission: No applications were recieved therefore staff will publish again for the one open seat. Downtown Parking Commission: No applications were recieved therefore staff will publish again for the one open seat. Human Rights Commission: Edward Nelsen, Ward 3 is recommended to fill Melissa May's partial term that will end May 1, 2024. Parks and Recreation Commission: Joseph Yetman, Ward 1 is recommended to fill Johnson's partial term that will end May 1, 2025. Joint Cable Commission: No applications were recieved therefore staff will publish again for the one open seat. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion to approve the appointment of Edward Nelsen and Joseph Yetman to their respective Board or Commission. i water THE BIRTHPLACE OF MINNESOTA DATE: November 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Vanessa Norby, Assistant Finance Director SUBJECT: 2023 Deferred Assessment Requests BACKGROUND On October 17, 2023 the City Council approved assessments for the 2023 Street Project. We had three residents apply to have their assessments deferred; 911 Abbott St. W. with the amount of $10,932.30, 803 Anderson St. W. with the amount of $12,923.37 and 922 Abbott St. W with the amount of $10,932.30. To qualify for deferral of the assessments, applicants must be either 65 years of age or older, OR retired by virtue of a permanent or total disability OR a member of the MN National Guard or other military reserves who is into active service AND is the owner of the property, AND the property is classified as Homestead status AND that the first year's installment of the special assessment, either alone or in aggregate with installments of other special assessments due total more than 1 % of the applicants Adjusted Gross Income (AGI). Staff has reviewed the applications and verified both applicants meet the requirements to defer their assessments. RECOMMENDATION It is recommended that the Council approve deferral of assessments for 911 Abbott St. W., 803 Anderson St. W. and 922 Abbott St. W. ACTION REQUESTED If the Council agrees with the recommendation, they should pass a motion to approve Resolution 2023- ADOPTING DEFERRED ASSESSMENT FOR 2023 STREET IMPROVEMENT PROJECT (PROJECT 2023-02, LI 436.2). City of Stillwater Washington County, Minnesota RESOLUTION 2023- ADOPTING DEFERRED ASSESSMENTS FOR 2023 STREET IMPROVEMENT PROJECT (PROJECT 2023-02, LI 436.2) WHERAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment 2023 Street Improvement Project for the following properties. GEOCODE ADDRESS DEFERRED CHARGE 33.030.20.21.0118 803 Anderson St. W $12,923.37 33.030.20.21.0125 911 Abbott St. W $10,932.30 33.030.20.22.0004 922 Abbott St. W $10,932.30 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota that 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the deferred assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. The deferred street assessment would be collected with interest at the annual rate of 5.07% until the sale, transfer or subdivided, or in any way conveyed to another by the fee owner qualified for deferred status, death, loss of homestead status, or Council determines no hardship of the property. 3. The deferred assessment for this property shall be filed with the office of County recorder. Adopted by the Stillwater City Council this 8t" day of November, 2023 CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk i water THE BIRTHPLACE OF MINNESOTA DATE: November 3, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Downtown Holiday Lights Agreement BACKGROUND Staff has obtained the last Downtown Holiday Lights agreement from the property owner to allow the winter Holiday lights to be placed along the top of businesses buildings in Downtown. RECOMMENDATION Staff recommends renewing the attached Downtown Holiday Lights Agreement for May 1, 2023 to May 1, 2026. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve the Historic Downtown Stillwater Holiday Lights Agreement for 2023-2026. City of Stillwater/Administration 2023 Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this day of 2023 by and between the City of Stillwater ("City") and Gartner Properties for ("Owner") exterior holiday lights to be located on the building at 132 Main Street South, 201 Main Street South ("Property") RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: imer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utili , Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. 3. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City LiabilitX: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party 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 may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused thi CITY OF STILLWATER: In Ted Kozlowski, Mayor Beth Wolf, City Clerk Its: (title) 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: November 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Donna Robole, HR Manager SUBJECT: City of Stillwater Employer Paid COVID-19 Leave DISCUSSION The City takes its responsibility to provide a safe and healthy environment for its employees and its customers seriously. In January 2022, the City Council approved up to 80 hours of COVID-19 leave to be utilized by City staff and by the end of 2022, 64 employees who tested positive for COVID-19 were able to utilize this special leave allocation. Through October 2023, 14 COVID-19 leaves were approved. Throughout the COVID-19 pandemic, the City has and will continue to take necessary steps to ensure all employees and customers are safe and healthy while at work or while at City facilities. Members of the City of Stillwater workplace are directed to self -monitor for disease symptoms, practice personal safety and health practices such as handwashing, maintaining appropriate distance and staying home when sick, and adhering to all posted signage and directives. The workforce must also comply with the infection control and mitigation protocols, including testing, isolation and quarantining, as directed. The City follows Centers for Disease Control and Minnesota Department of Health guidelines and doing so can require an employee to remain away from the workplace for 5 — 10 days, or more, depending on circumstances. If an employee notifies a supervisor of exposure, the supervisor and the City's Human Resources staff work together to determine a plan for the employee based on the data. Employees in their first year of service with the City may not be eligible for employer -provided sick leave due to the terms of collective bargaining agreements, and may not be eligible for employer -provided protections under the Family Medical Leave Act. Therefore, the City recommends renewal of an allocation of up to 80 hours of COVID-19 Leave, to be utilized in 2024 by City staff as follows: • Care of Self o Employee Vaccination: Become vaccinated with a COVID-19 vaccine authorized for use by the World Health Organization and the U.S. Food and Drug Administration o Recover: Recover from side effects from each dose o Isolation/Quarantine: Employees who test positive for COVID-19 must stay home from work and isolate or quarantine for five or more days o Experiencing COVID-19 symptoms and seeking a medical diagnosis/test result • Care of Family Member who has been advised by a health care provider to isolate or quarantine due to constraints related to COVID-19. • City of Stillwater coverage eligibility begins January 1, 2024, and sunsets December 31, 2024. ACTION REQUESTED Motion to approve the resolution titled, "Employer Paid COVID-19 Leave for 2024." City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX APPROVING EMPLOYER PAID COVID-19 LEAVE FOR 2024 WHEREAS, the City of Stillwater takes its responsibility to provide a safe and healthy environment for its employees and its customers seriously; and WHEREAS, throughout the COVID-19 pandemic, the City has and will continue to take necessary steps to ensure all employees and customers are safe and healthy while at work or while at City facilities; and WHEREAS, members of the City of Stillwater workforce are directed to self - monitor for disease symptoms, practice personal safety and health practices such as handwashing, maintaining appropriate distance and staying home when sick, and adhering to all posted signage and directives; and WHEREAS, the workforce must also comply with the infection control and mitigation protocols, including testing, contact tracing, isolation and quarantining, as directed; and WHEREAS, the City of Stillwater follows Centers for Disease Control and Minnesota Department of Health guidelines such that if an employee notifies a supervisor of exposure or a positive COVID-19 test result for themselves or a household family member, the supervisor and the City's Human Resources staff work together to determine a work plan for the employee based on the data; and WHEREAS, employees may be directed to remain away from the worksite for 5 — 10 days, depending on their COVID-19 circumstances; and WHEREAS, employees in their first year of employment with the City may not be eligible for employer -provided sick leave due to the terms of a collective bargaining agreement, and may not be eligible for employer -provided protections under the Family Medical Leave Act; and WHEREAS, an allocation of up to 80 hours of paid COVID-19 Leave, would to be available to City staff to utilize as follows: • Care of Self o Employee Vaccination: Become vaccinated with a COVID-19 vaccine authorized for use by the World Health Organization and the U.S. Food and Drug Administration o Recover: Recover from side effects from each dose o Isolation/Quarantine: Employees who test positive for COVID-19 must stay home from work and isolate or quarantine for five or more days o Experiencing COVID-19 symptoms and seeking a medical diagnosis/test result Care of Family Member who has been advised by a health care provider to isolate or quarantine due to concerns related to COVID-19. • City of Stillwater employee COVID-19 leave coverage eligibility begins January 1, 2024, and sunsets December 31, 2024; and NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves a 2024 Paid COVID-19 Leave for City of Stillwater employees. Adopted by the City Council this 8th day of November, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk i water THE BIRTHPLACE OF MINNESOTA DATE: November 3, 2023 TO: Honorable Mayor and City Councilmembers FROM: Sharon Provos, Finance Director SUBJECT: Fee Schedule change DISCUSSION The City of Stillwater is currently undergoing a change in the Enterprise Resource Planning software (ERP). When the city was interviewing multiple software vendors we asked about charge card fees and the feedback was that a majority of cities pass along credit and debit card fees to customers who use them. This was part of the 2024 Budget Presentation earlier in the year. In the past year, the City has absorbed over $61,000 in credit card fees. With that, Staff is recommending that the City adjust the fee schedule to pass these fees onto the user. The current vendor we are working with charges 2.9% + $0.30 for each credit/debit card transaction and a $1.00 echeck fee. That amount may change if we contract with a different vendor. Our utility billing customers that sign-up for auto -pay through us would not be charged a fee. RECOMMENDATION Staff recommends Council approve adding credit card fees to the City fee schedule. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to adopting RESOLUTION AMENDING RESOLUTION 2022-172 TO ESTABLISH MERCHANT CREDIT CARD PROCESSING FEES. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION AMENDING RESOLUTION 2022-172 TO ESTABLISH MERCHANT CREDIT CARD PROCESSING FEE WHEREAS, the Stillwater City Council adopted Resolution 2022-172 entitled "Resolution Approving the City of Stillwater 2023 Fee Schedule" on December 22, 2022; and WHEREAS, an amendment on the fee schedule is needed to establish fees for credit card transactions; and NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Stillwater, Minnesota that the City of Stillwater 2023 Fee Schedule is hereby amended to reflect the following- V. FINANCE FEES: Merchant Credit Card Processing Fees At City Cost Adopted by the Stillwater City Council this 8th day of November, 2023. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk water. THE BIRTHPLACE OF MINNESOTA DATE: October 31, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tom Ballis, Deputy Fire Chief SUBJECT: Apparatus Purchasing BACKGROUND The 2023 CIP budget included funding to replace the rescue truck which is 34 years old. Staff have been working with our truck manufacturer and the consortium over the past two months to design the replacement apparatus. Through the process we found that the manufacturer cost of the chassis and body have had significant increases over the past three years. The proposed cost to replace the apparatus was just under $1,000,000.00. SFD staff and the truck committee all agree this cost is unrealistic. Staff has worked to identify other means to meet the operational needs of the department while working to stay within the budget allocated for apparatus replacement. Funding approved for apparatus replacement for 2023 was $600,000.00. SFD sold one of our engines earlier this year for $148,000.00. We are working to build two smaller apparatus that will meet operational needs for the department and fall within the funding allocated in 2023. SFD has worked with several vendors to provide the chassis' and build the body for these apparatus at a significantly lower price than the consortium. SFD has received chassis quotes from dealerships and finalizing pricing for the body and are within the allocated budget. Working with several vendors to build the apparatus we are asking approval to move forward with purchasing the chassis' and build the bodies for these apparatus with funding allocated for truck replacement. RECOMMENDATION Staff recommends approval to purchase fire apparatus ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approval to purchase fire apparatus. 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: November 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: HWY 95 Monument Signage BACKGROUND As part of the 2023 Capital Improvement Program, an entrance monument sign is planned for the southerly entrance to the City on Highway 95. Staff received a quote from TKDA for the engineering services including design, geotechnical and contract administration for $35,900. The final design will serve as the standard for all other entrance monument locations in the City. Funding for this project will be paid from Capital Outlay Permanent Improvements. RECOMMENDATION Staff recommends approving the contract for HWY 95 Monument Signage with TKDA. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR HWY 95 MONUMENT SIGNAGE. l (water The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 8th day of November, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and TKDA, 444 Cedar Street Suite 1500, St. Paul MN 55101 ("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: HWY 95 Monument Signage 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: 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 10/26/23, incorporated herein as Exhibit A; ii. Other documentation, incorporated herein as Exhibit B. 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 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 Kathleen Anglo, 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 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 4tn Street North Stillwater, MN 55082 Attention: Shawn Sanders Or e-mailed: ssanders(a-ci.stillwater.mn.us If to Consultant: TKDA 444 Cedar Street Suite 1500 St. Paul, MN 55101 Attention: Kathleen Anglo Or e-mailed: kathleen.anglo(a)tkda.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. 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 party'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. f. 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 M M Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: N TKDA By: Its: Date: Project Description: HWY 95 Monument Signage rmi 1J TKDAo October 26, 2023 Mr. Shawn Sanders, City Engineer City of Stillwater, Minnesota 216 North Fourth Street Stillwater, Minnesota 55082 Re: Revised Proposal for Architectural and Engineering Services Final Design and Construction Administration Monument Signage Dear Mr. Sanders: via email: ssanders(aD_ci.stillwater.mn.us In response to your request, we propose to provide Architectural and Engineering Services for Monument Signage in Stillwater, Minnesota hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to terms and conditions set forth in the "General Provisions of Engineer -Architect Agreement" dated July 2009. This Proposal supersedes our previous Proposal dated October 16, 2023. Hereinafter, City of Stillwater is referred to as the CLIENT. I. PROJECT DESCRIPTION The City of Stillwater is requesting services for final design and engineering of a monument entry sign located along Highway 95. Sign details and context specific plans will be along the highway in the vicinity of the Sunnyside Marina entrance and St. Croix Crossing Loop Trail parking lot. The sign will be constructed outside of MnDOT right-of-way, within City of Stillwater property. II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA's understanding of the Project, we propose to provide the following Landscape Architecture services as well as Structural and Electrical Engineering services: A. Validation of Preliminary Design 1. Assume two (2) signage design review meetings with CLIENT, held via Microsoft Teams. 2. Assume one (1) meeting with MnDOT to review location (as courtesy, signage location not within MnDOT ROW). 3. Survey of two (2) potential signage locations, one (1) on either side of the Sunnyside Marina entrance road. Includes topography, utilities, and above -grade features. 4. Geotechnical investigation, one (1) boring in each potential location for a total of two (2) borings. 5. Review preliminary sign designs, confirm with City sign design requirements, create two (2) refined concepts for legibility, constructability, structural integrity, and consideration of site context. 6. Conduct a fit analysis for sign placement in two (2) locations near the Sunnyside Marina entrance and St. Croix Crossing Loop Trail parking lot. 7. Provide rendered concept plans and 3D models of sign in two (2) locations to provide site context for review. 8. Lighting design is included, either external to the sign or ground mounted. B. Final Design 1. Develop a 90% submittal set for review by the CLIENT, with draft technical specifications. 2. Assume one (1) submittal review meeting with City staff. 3. Issue for Bid submittal, which includes final technical specifications. C. Construction Administration 1. Coordinate and attend a pre -construction meeting. 2. Conduct site observation visits (6 visits are assumed): i. Staking of sign location by Contractor. TKDA® 1 444 Cedar Street Suite 1500 1 Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Shawn Sanders I City of Stillwater Revised Proposal for Architectural and Engineering Services Monument Signage October 26, 2023 Paae 2 Review footing installation (structural). iii. Review stone sample layout. iv. Observe stone installation. v. Observe and coordinate metal signage installation. vi. Review planting installation. 3. Submittal reviews. 4. Address Requests for Information (RFIs). 5. Punchlist. 6. Final Close-out. III. ADDITIONAL SERVICES If authorized in writing by the CLIENT, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Time and Materials basis and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Additional Landscape Architecture or Engineering services or beyond those listed in SECTION II. B. Bidding services. IV. CLIENT RESPONSIBILITIES These responsibilities shall be as set forth in Article 8 of the General Provisions and as further clarified herein below: A. Designate one (1) individual to act as a representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. This individual shall be identified in the signature block area of this Proposal. B. Provide TKDA with access to the site as required to perform services listed in SECTION II. C. Provide reviews of materials furnished by TKDA to maintain the Project schedule. D. Coordinate and schedule meetings with MnDOT, if needed. E. Provide frontend specifications. F. Bidding for sign replacement, assumed it will be an informal bidding process. G. Contractor oversight and pay application reviews and approvals. V. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your written acceptance of this Proposal and estimate to complete SECTION II services by September 30, 2024. VI. COMPENSATION Compensation to TKDA for services provided as described in SECTION II of this Proposal shall be on an Hourly Time and Materials basis, including expenses, in an amount not to exceed $35,900, summarized as follows: Item Description Cost 1 Preliminary Design $6, 980 la Geotechnical $7, 500 2 Final Design $14,300 3 Construction Administration $7,120 TOTAL= $35,900 Payment shall be made in accordance with Article 3 of the attached General Provisions. r , I Shawn Sanders I City of Stillwater Revised Proposal for Architectural and Engineering Services Monument Signage October 26, 2023 Paae 3 The level of effort required to accomplish SECTION II services can be affected by factors which are beyond our control. Therefore, if it appears at any time charges for services rendered under SECTION II will exceed the above, we agree we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised additional funds are available and our work can proceed. VII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal. We agree this letter and its attachments constitute a contract between us upon a signed copy returned to us. This Proposal will be open for acceptance for 30 days unless the provisions herein are changed by us in writing prior to that time. Please feel free to contact Kathleen Anglo directly at 612.845.5991 or kathleen.anglo(c�tkda.com if you have any questions. Sincerely, Kathleen Anglo, PLA, ASL es AP Project Manager Attachments: General Provisions Fee Estimate 4�� DJ Heinle, AIA Vice President, Architecture ACCEPTED FOR CITY OF STILLWATER, MINNESOTA: By: Signature Phone KWA:DJH:slp:dad Printed Name/Title Email Date rmi I TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED General Provisions of Engineer -Architect Agreement ARTICLE 1. GENERAL These General Provisions supplement and become part of the Agreement between Toltz, King, Duvall, Anderson and Associates, Incorporated, a Minnesota Corporation, hereinafter referred to as TKDA, and the other Party to the Agreement, hereinafter referred to as CLIENT, wherein the CLIENT engages TKDA to provide certain Engineering, Architectural, and/or Planning services. Either Party to this Agreement may be referred to as a "Party" or collectively as "Parties." As used herein, the term "Agreement" refers to (1) TKDA's original Engagement Letter or proposal (the "Engagement Letter") which forms the basis for the Agreement; (2) these General Provisions, and (3) any attached Exhibits, as if they were part of one and the same document. With respect to the order of precedence, any attached Exhibits shall govern over these General Provisions and the Engagement Letter shall govern over any attached Exhibits and these General Provisions. ARTICLE 2. PERIOD OF SERVICE The term of this Agreement for the performance of services hereunder shall be as set forth in TKDA's Engagement Letter. Any lump sum or estimated maximum payment amounts set forth in the Engagement Letter have been established in anticipation of the orderly and continuous progress of the project in accordance with the schedule set forth in the Engagement Letter or any Exhibits attached thereto. ARTICLE 3. COMPENSATION TO TKDA A. Compensation to TKDA for services shall be as designated in the Engagement Letter. The CLIENT shall make monthly payments to TKDA within 30 days of date of invoice. B. The CLIENT will pay the balance stated on the invoice unless CLIENT notifies TKDA in writing of the particular item that is alleged to be incorrect within 15 days from the date of invoice, in which case all undisputed items shall be paid and amounts in dispute shall become due upon an adjudicated resolution or upon agreement of the parties. All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1-112% per month, or the maximum amount authorized by law, whichever is less. TKDA shall be entitled to recover all reasonable costs and disbursements, including reasonable attorneys' fees, incurred in connection with collecting amounts owed by CLIENT. In addition, TKDA may, after giving seven days' written notice to the CLIENT, suspend services under this Agreement until TKDA has been paid in full for all amounts then due for services, expenses and charges. CLIENT agrees that it shall waive any and all claims against TKDA and that TKDA shall not be responsible for any claims arising from suspension of services hereunder. ARTICLE 4. EXTRA WORK If TKDA is of the opinion that any work it has been directed to perform is beyond the Scope of this Agreement, or that the level of effort required exceeds that estimated due to changed conditions and thereby constitutes extra work, it shall notify the CLIENT of that fact. Upon written notification to CLIENT, TKDA shall be entitled to additional compensation for same, and to an extension of time for completion absent timely written objection by CLIENT to additional services. ARTICLE 5. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement upon seven days' written notice for convenience of either CLIENT or TKDA. In addition, the CLIENT may at any time reduce the scope of this Agreement. Such reduction in scope shall be set forth in a written notice from the CLIENT to TKDA. In the event of unresolved dispute over change in scope or changed conditions, this Agreement may also be terminated upon seven days' written notice as provided above. In the event of a termination or reduction in scope of the project work, TKDA shall be paid for the work performed and expenses incurred on the project work and for any completed and abandoned work for which payment has not been made, computed in accordance with the provisions of the Engagement Letter and payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with TKDA's subconsultants, costs of producing copies of file materials and other related close-out costs. ARTICLE 6. DISPOSITION OF PLANS, REPORTS AND OTHER DATA All documents, including reports, drawings, calculations, specifications, CADD materials, computer software or hardware or other work product prepared by TKDA pursuant to this Agreement are TKDA's Instruments of Service and TKDA retains all ownership interests in said Instruments of Service, including copyrights. Any use or reuse of such Instruments of Service, except for the specific purpose intended, by the CLIENT or others without written consent, verification, or adaptation by TKDA will be at the CLIENT's risk and full legal responsibility. In this regard, the CLIENT will indemnify and hold harmless TKDA from any and all suits or claims of third parties arising out of such use or reuse which is not specifically verified, adapted, or authorized by TKDA. Copies of documents that may be relied upon by the CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by TKDA's Engineer or Architect. Files in electronic format furnished to the CLIENT are only for convenience of the CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. In the event electronic copies of documents are made available to the CLIENT, the CLIENT acknowledges that the useful life of electronic media may be limited because of deterioration of the media, obsolescence of the computer hardware and/or software systems or other causes outside of TKDA's control. Therefore, TKDA makes no representation that such media will be fully usable beyond 30 days from date of delivery to CLIENT. If requested, at the time of completion or termination of the work, TKDA shall make available to the CLIENT at CLIENT's expense copies of the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred under this Agreement, and (ii) fulfillment of the CLIENT's obligations under this Agreement. ARTICLE 7. CLIENT'S ACCEPTANCE BY PURCHASE ORDER In lieu of or in addition to execution of the Engagement Letter, the CLIENT may authorize TKDA to commence services by issuing a purchase order by a duly authorized representative. Such authority to commence services or purchase order shall incorporate by reference the terms and conditions of this Agreement. In the event the terms and conditions of this Agreement conflict with those contained in the CLIENT's purchase order, the terms and conditions of this Agreement shall govern. Notwithstanding any purchase order provisions to the contrary, no warranties, express or implied, are made by TKDA. In order to implement the intent of Parties to this Agreement, the Parties agree that the Engagement Letter, these General Provisions, and any Exhibits constitute the entire Agreement between them. The Parties further agree that the preprinted terms and conditions of any CLIENT -generated purchase order issued to request work pursuant to this Agreement will not apply to the work, regardless of whether TKDA executes the purchase order in acceptance of the work. ARTICLE 8. CLIENT'S RESPONSIBILITIES A. To permit TKDA to perform the services required hereunder, the CLIENT shall supply, in proper time and sequence, the following at no expense to TKDA: 1. All necessary information regarding its requirements as necessary for orderly progress of the work. 2. Designate in writing a person to act as CLIENT's representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive instructions, receive information, and interpret and define CLIENT's policies with respect to TKDA's services. 3. Furnish, as required for performance of TKDA's services (except to the extent provided otherwise in the Engagement Letter or any Exhibits attached thereto), data prepared by or services of others, including without limitation, soil borings, probing and subsurface explorations, hydrographic and geohydrologic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning, deed and other land use restriction; and other special data not covered in the Engagement Letter or any Exhibits attached thereto. 4. Provide access to, and make all provisions for TKDA to enter upon publicly or privately owned property as required to perform the work. 5. Act as liaison with other agencies or involved parties to carry out necessary coordination and negotiations; furnish approvals and permits from all governmental authorities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project. 6. Examine all reports, sketches, drawings, specifications and other documents prepared and presented by TKDA, obtain advice of an attorney, insurance counselor or others as CLIENT deems necessary for such examination, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of TKDA. 7. Give prompt written notice to TKDA whenever the CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of TKDA's services or any defect in the work of Construction Contractor(s), subconsultants or TKDA. 8. Initiate action, where appropriate, to identify and investigate the nature and extent of asbestos, petroleum and/or pollution in the project and to abate and/or remove the same as may be required by federal, state or local statute, ordinance, code, rule, or regulation now existing or hereinafter enacted or amended. For purposes of this Agreement, "pollution" and "pollutant" shall mean any solid, liquid, gaseous or thermal irritant or contaminant, including petroleum, smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste. Hazardous Materials means any substance, waste, pollutant or contaminant (including petroleum) now or hereafter included within such terms under any federal, state or local statute, ordinance, code, rule or regulation now existing or hereinafter enacted or amended. Waste further includes materials to be recycled, reconditioned or reclaimed. CLIENT further agrees it TKDA GENERAL PROVISIONS JULY 2009 (E/O) will, where appropriate, endeavor to identify, remove and/or encapsulate asbestos products, petroleum, pollutants or Hazardous Materials located in the project area prior to accomplishment by TKDA of any work on the project. If TKDA encounters, or reasonably suspects that it has encountered, asbestos or pollution in the project, TKDA shall cease activity on the project and promptly notify the CLIENT, who shall proceed as set forth above. Unless otherwise specifically provided in the Engagement Letter, the services to be provided by TKDA do not include identification of asbestos or pollution, and TKDA has no duty to identify or attempt to identify the same within the area of the project. With respect to the foregoing, CLIENT acknowledges and agrees that TKDA is not a user, handler, generator, operator, treater, Storer, transporter or disposer of asbestos, petroleum, Pollutant, or other Hazardous Materials which may be encountered by TKDA on the project. CLIENT agrees to hold harmless, indemnify and defend TKDA and TKDA's officers, subconsultant(s), subcontractor(s), employees and agents from and against any and all claims, lawsuits, damages, liability and costs, including, but not limited to, costs of defense, arising out of or in any way connected with the presence, discharge, release, or escape of asbestos, petroleum or other Hazardous Materials or waste on the site. This indemnification is intended to apply only to existing conditions present at the site prior to TKDA's commencement of services, and does not apply to conditions that arise subsequent to TKDA's commencement of services that are caused or created by TKDA. 9. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the project, such legal services as the CLIENT may require or TKDA may reasonably request with regard to legal issues pertaining to the project including any that may be raised by contractor(s), such auditing service as CLIENT may require to ascertain how or for what purpose any contractor has used the monies paid under the construction contract, and such inspection services as CLIENT may require to ascertain that contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 10. Provide "record" drawings and specifications for all existing physical plants or facilities which are pertinent to the project. 11. Act promptly to approve all pay requests, Supplemental Agreements, or requests for information by TKDA as set forth herein. 12. Require all Utilities with facilities in the CLIENT's right-of-way to locate and mark said utilities upon request, relocate and/or protect said utilities as determined necessary to accommodate work of the project, submit a schedule of the necessary relocation/protection activities to the CLIENT for review and comply with agreed upon schedule. 13. Provide other services, materials, or data as may be set forth in the Engagement Letter or any Exhibits attached thereto. B. TKDA shall be entitled to rely on the accuracy and completeness of information furnished by the CLIENT. If TKDA finds that any information furnished by the CLIENT is in error or is inadequate for its purpose, TKDA shall promptly notify the CLIENT. ARTICLE 9. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations end maintenance costs provided for in the Engagement Letter or any Exhibits attached thereto, are made on the basis of TKDA's experience and qualifications and represent TKDA's judgment as an experienced and qualified design professional. It is recognized that TKDA does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any evaluation of any facility to be constructed, or acquired, or work to be performed on the basis of TKDA's cost opinions, must of necessity, be speculative until completion of construction or acquisition. Accordingly, TKDA does not guarantee that proposals, bids or actual costs will not substantially vary from opinions, evaluations or studies submitted by TKDA to CLIENT hereunder. TKDA assumes no responsibility for the accuracy of opinions of probable project costs or construction costs, and provides these estimates for the sole convenience of the CLIENT for the purposes of general project budgeting. ARTICLE 10. CONSTRUCTION PHASE SERVICES CLIENT acknowledges that it is customary for the Architect or Engineer who is responsible for the preparation and furnishing of Drawings and Specifications and other construction -related documents to be employed to provide professional services during the Construction Phases of the project, (1) to interpret and clarify the documentation so furnished and to modify the same as circumstances revealed during bidding and construction may dictate, (2) in connection with acceptance of substitute of or -equal items of materials and equipment proposed by bidders and contractor(s), (3) in connection with review of shop drawings and sample submittals, and (4) as a result of and in response to TKDA's detecting in advance of performance of affected work inconsistencies or irregularities in such documentation. CLIENT agrees that if TKDA is not employed to provide such professional services during the Construction Phases of the project, TKDA will not be responsible for, and CLIENT shall indemnify and hold TKDA (and TKDA's professional associates and consultants) harmless from, all claims, damages, losses and expenses including attorneys' fees arising out of, or resulting from, any interpretation, clarification, substitution acceptance, shop drawing or sample approval or modification of such documentation issued or carried out by CLIENT or others. Nothing contained in this paragraph shall be construed to release TKDA (or TKDA's professional associates or consultants) from liability for failure to perform in accordance with professional standards any duty or responsibility which TKDA has undertaken or assumed under this Agreement. ARTICLE 11. INSURANCE TKDA shall procure and maintain insurance for protection from claims against it under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees, and from claims against it for damages because of injury to or destruction of property. Also, TKDA shall procure and maintain professional liability insurance for protection from claims arising out of performance of professional services caused by any negligent act, error, or omission for which TKDA is legally liable. Certificates of insurance will be provided to the CLIENT upon request. ARTICLE 12. ASSIGNMENT This Agreement, being intended to secure the personal service of the individuals employed by and through whom TKDA performs work hereunder, shall not be assigned, sublet or transferred without the written consent of TKDA and the CLIENT. Any assignment of the Agreement, or claims arising under or relating to the Agreement without the written consent of both Parties shall be null and void. ARTICLE 13. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE 14. SEVERABILITY Any provision or portion thereof in this Agreement which is held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding between CLIENT and TKDA. ARTICLE 15. WAIVER OF CONSEQUENTIAL DAMAGES CLIENT and TKDA waive consequential damages for claims, disputes or other matters in question arising out of or relating to TKDA's services under this Agreement. This mutual waiver of consequential damages applies and survives termination of this Agreement. ARTICLE 16. LIMITATION OF LIABILITY In recognition of the relative risks of CLIENT and TKDA relating to the work, CLIENT agrees, to the extent permitted by law, that TKDA's liability to the CLIENT or anyone claiming through CLIENT for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes including, but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied, of TKDA or its officers, directors, partners, employees, agents, or consultants, or any of them, shall not exceed the total insurance proceeds paid or available on behalf of or to TKDA by its insurers in settlement or satisfaction of CLIENT's claims against TKDA under the terms and conditions of TKDA's insurance policies applicable thereto. ARTICLE 17. CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and TKDA agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 18. CONFIDENTIALITY TKDA agrees to keep confidential and not to disclose to any person or entity, other than TKDA's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to TKDA and marked CONFIDENTIAL by the CLIENT. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict TKDA from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for TKDA to complete services under the Agreement or defend itself from any suit or claim. ARTICLE 19. UNDERGROUND UTILITIES If authorized in the Engagement Letter, TKDA and/or its authorized subconsultant will conduct the research that in its professional opinion is necessary and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. Such services by TKDA or its subconsultant will be performed in a manner consistent with the ordinary standard of care. The CLIENT recognizes that the research may not identify all underground improvements and that the information upon which TKDA relies may contain errors or may not be complete. The CLIENT agrees, to the fullest extent permitted by law, to waive all claims and causes of action against TKDA and anyone for whom TKDA may be legally liable, for claims by CLIENT or its contractors for delay or additional compensation relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by TKDA. TKDA GENERAL PROVISIONS JULY 2009 (E/O) Mi TKDA Project Fee Estimate Client: CityofStillwater Date: 10/26/2023 Project: Monument Signage Design + CA Prepared By: Task Task Description Estimated Person Hours Required Total Hours Total Dollars Sr LA Reg LA Structural EE Sr Reg Eng Admin Survey 1 Preliminary Design PM 4 4 $ 848 Survey 12 12 $ 924 Client Meetings (assume 2 design, 1 submittal) 4 4 8 $ 1,340 MnDOT/Stakeholder Meetings 1) 2 2 $ 424 Plan + 3D renderings 20 20 $ 2,460 Site design revisions 8 8 $ 984 Subtotal Preliminary Design 10 32 12 46 $ 6,980 is Subconsultant - Geotechnical $ 7,500 2 Final Design 90% Plans, draft technical specs 40 8 24 4 76 $ 11,943 QA/QC 2 2 4 $ 888 Issue for Bid Documents 10 1 2 12 $ 1,473 Subtotal Final Design 2 50 8 24 2 6 92 14,304 Subtotal Final Design Rounded 14,300 3 Bidding + Construction Admin PM 4 4 $ 882 jBidding assistance incl. questions, addendum, review of bids 6 6 $ 768 Preconstruction meeting 2 2 $ 256 RFI, Submittals 6 2 8 $ 1,186 On -site meetings/observation (6 meetings) 1 10 2 2 15 $ 2,273 Fabricator coordination 1 12 1 1 13 $ 1,756 $ Subtotal Bidding + Construction Admin 6 36 2 4 48 7,121 Subtotal Bidding + Construction Admin Rounded 7,100 Total Person Hours 2023 10 32 - - 12 186 Total Person Hours 2024 Billing Rate/Hr x Multiplier 2023 Billing Rate/Hr x Multiplier 2024 Total Billable for Charged Time 2023 8 $ 212 $ 220 $ 2,120 86 $ 123 $ 128 $ 3,936 10 $ 171 $ 178 $ - 28 $ 201 $ 209 $ - 2 $ 215 $ 224 $ - 6 $ 93 $ 97 $ - $ 77 $ 80 $ 924 $ 14,480 Total Billable for Charged Time 2024 $ 1,764 $ 11,001 $ 1,778 $ 5,853 $ 447 $ 580 $ - $ 21,424 Total $ 3,884 $ 14,937 $ 1,778 $ 5,853 $ 447 $ 580 $ 924 $ 35,904 Expenses: Travel & Subsistence TS $ - Reproduction & Reprographics (RR) $ Miscellaneous (MI) Is Total Project Fees $ 35,904 Total Not to Exceed $ 35,900 water. THE BIRTHPLACE OF MINNESOTA DATE: November 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Easement Acquisition on PIDs 3103020330003 and 3103020340004 to install water and sewer utilities BACKGROUND: As you know, the City is going to be installing utilities in the northeast corner of the intersection of Manning Avenue North and State Highway 36 project ("Project"). The next step is to acquire the permanent and temporary easements necessary to construct and maintain the Project. The easements needed are graphically depicted for your review in Exhibit A to the resolution. The resolution authorizes the easement acquisitions for the Project and the use of eminent domain. The first step in the process is to attempt to purchase the easements through negotiation. The owner will be given an offer and a copy of the City's appraisal to begin that negotiation. And we may continue to negotiate regardless of the filing of an eminent domain action. But given the hard deadline to make sure we have the easements at the beginning of the 2024 construction season, it will be necessary to commence the eminent domain case in December. Even after we start the eminent domain case, the City and the owner may still agree to the terms for a purchase or settlement. Starting the eminent domain case now is about the construction schedule; it does not limit the parties' ability to complete the acquisition amicably. The proposed resolution includes: (a) public purpose findings that the easements are reasonably necessary for the Project; (b) a finding that it is necessary to have title to the easements before construction begins; (c) a procedure to determine the City's approved appraised values for the acquisitions, a determination that is necessary to make offers and to acquire the easements before construction begins; and (d) authorization to make offers and commence eminent. ACTION REQUESTED: Move to adopt the Resolution Authorizing Easement Acquisition for the Installation of Utilities in the Northeast Corner of the Intersection of Manning Avenue North and State Highway 36. City of Stillwater Washington County, Minnesota RESOLUTION NO. 2023- RESOLUTION AUTHORIZING EASEMENT ACQUISITION FOR THE INSTALLATION OF UTILITIES IN THE NORTHEAST CORNER OF THE INTERSECTION OF MANNING AVENUE NORTH AND STATE HIGHWAY 36 IN STILLWATER, MINNESOTA WHEREAS, the City plans to install water and sanitary sewer utilities in the northeast corner of the intersection of Manning Avenue North and State Highway 36 in Stillwater, Minnesota, on property identified as Washington County PID numbers: 3103020330003 and 3103020340004 ("Project"); and WHEREAS, the City Council deems it necessary and expedient for the public health, safety and welfare that the City of Stillwater undertake the Project; and WHEREAS, it is necessary to acquire certain easements to construct, operate, and maintain the Project; and WHEREAS, the City Council finds that it is reasonably necessary, proper, convenient, and in the interest of the general welfare that the City acquire for the Project the easements identified in Exhibit A attached hereto ("Easements"); and WHEREAS, the City Council finds that title to and possession of the Easements is required before construction on the Project can begin and before the filing of the final report of the condemnation commissioners to be appointed by the district court; and WHEREAS, the City has engaged independent real estate appraisers to provide the City with the appraiser's opinion of damages caused by the City's acquisitions of the Easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER THAT: 1. The acquisition of the Easements is necessary and for a public purpose in furtherance of the Project; 2. The proper City officers and agents are authorized and directed to acquire the Easements needed for the Project by voluntary negotiation and, if necessary, through the exercise of the power of eminent domain; 3. The proper City officers and agents are authorized and directed to make offers of compensation for the Easements consistent with the independent appraisals, and to attempt to negotiate the voluntary acquisition of the Easements; 4. The City Attorney is authorized and directed to take all steps necessary on behalf of the City to acquire the Easements through eminent domain if they are not timely acquired by voluntary negotiation, including filing an action in eminent domain and using the quick take procedure under Minn. Stat. § 117.042-1 5. That the City Administrator is authorized to approve the appraised values for the Easements if he determines that the independent appraisals adequately reflect the fair market value thereof for the purposes of Minn. Stat. § 117.042. Adopted by the Stillwater City Council this 8th day of November, 2023. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 2 EXHIBIT A EASEMENTS TO BE ACQUIRED (attached on the following pages) El c_n ENLARGED DEPICTION OF EASEMENT AREAS exwPrloN I S19-16'05'°E exc v aN I ,�Cc nw TeRMNATICN OR NEBeCNNNC OP iI R/W CORNER B13, W \ zN v WASH. CO. R/W PLAT NO. IB2— ! I E%TENSION A� — I— IL E AN FLY Uwe OF \WASH. CO PLAT N0. 182/W , 63-q 6 1400°43'55 `\ SE CORNER OF -� PARCEL 2 R/W CORNER OK, WASH. ' J CO. R/W PLAT NO, 102 NORTH r I I I I 1 I I 19 �y �o wa I \ O ppI NNy�li SOUTH LIFE OF THE t0 SE 1/4 OP THE SW GBR�.=NBB'46�59"E 1/4 OP SEC. 31, �--- -__--_____ 612.82' ____-___-__- IC=321.6,� T30, R20-_ _, 3e , \ P=„28P S89%m 8'so05"E NCOb TEMPORARY EASEMENT N0. 1 N7p° 6 11=321.621 'ti i \\ R' t S87°5813 27 . �2 3B °�' 9`9'a1�_C ms77317.39'--�— 1N85°72'00"E �\ c I/ITOMPORARY EASEMENT NO. 1,/"o N8757'S8"E��R�\ �SIZ ES — — — —1— N87°57'S8"E 1 \ / ! TEMPORARY EASEM ENT 0.2 / \ R/W PER BOOK 275,E ! 4 / \ ! 9 PACE 417. SEE NOTE. I // 1417.59_ I 1 - ACCESS CONTROL AS SHOWN ON— �R/W PER BOOK 275, �� \\ I Na9°16'05"W I 1 MrDOT R/W PLAT IJO. 82-82 Irl 9 PAGE 4 P. SEE NOTE. a I ACCESS CONTROL AS SHOWN PERF-� / BOOK 275, PACE 497 \-N1.Y RIGHT OP WAY UNE CC HIGHWAY' Olt R/W CORNER B1. Zj�-10' HIGHWAY EASEMENT—/ 36 PER BOOK 275, PACE 497. IN00T R/W PLAT PER BOOK 122, PACE 48 14CHWAY RIGHT OP WAY LINE NO, 52_02 PROVKIEO BY MOM, SEE NOTE. \\DENOTES PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES. AREA=70,248 SQ. FT. MORE OR LESS. DENOTES TEMPORARY CONSTRUCTION EASEMENT NO. 1. 0 180 360 AREA = 146,679 SQ.FT. MORE OR LESS. DENOTES TEMPORARY CONSTRUCTION EASEMENT NO. 2. (LIES WITHIN CURRENT MN AREA = 113,981 SQ.FT. MOREORE ORR LESS. SEE SEPARATE SHEET FOR EASEMENT DESCRIPTIONS I 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: November 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: 2023 Local Road Improvement Program Funding for the Myrtle Street Reconstruction Project BACKGROUND In 2025, it is planned to reconstruct Myrtle Street from Owens Street to Main Street. The preliminary estimate for project has the cost exceeding $3.5M. We plan to use State Aid monies, assessments and City bonding to fund the project, but recently was made aware of another funding source. Minnesota Department of Transportation (MNDOT) through the Local Road Improvement Program (LRIP) has available over $100M for government agencies to apply for road projects of this kind with a maximum award of $1.5M. Funds through this program are only for construction, but would go a long way in funding this project. The application submittal for LRIP requires a resolution of support from City Council as part of the application submittal. RECOMMENDATION Staff recommends approving Resolution Authorizing the Pursuit of 2023 Local Road Improvement Program Funding for the Myrtle Street Reconstruction Project. ACTION REQUESTED If Council agrees with the recommendation they should pass resolution 2023- RESOLUTION AUTHORIZING THE PURSUIT OF 2023 LOCAL ROAD IMPROVEMENT PROGRAM FUNDING FOR THE MYRTLE STREET RECONSTRUCTION PROJECT City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION AUTHORIZING THE PURSUIT OF 2023 LOCAL ROAD IMPROVEMENT PROGRAM FUNDING FOR THE MYRTLE STREET RECONSTRUCTION PROJECT WHEREAS, the Myrtle Street Reconstruction project includes a full reconstruction of the roadway from Owen Street North to St. Croix Scenic Byway, (TH 95/ Main Street), and WHEREAS, the Myrtle Street Reconstruction project will provide a safer and more efficient roadway along with pedestrian and bicycle improvements, and WHEREAS, Myrtle Street is a regionally significant roadway in the City of Stillwater that connects directly to the city's historic downtown area and the St. Croix Scenic Byway (Highway 95), and WHEREAS, the Local Road Improvement Program (LRIP) administered by the Minnesota Department of Transportation makes available up to $1,500,000 to apply towards projects on local roads that are regionally significant, result in safety improvements, address transportation deficiencies, and contribute to economic development, and WHEREAS, the proposed year for project construction is 2025. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the following: 1. The City Council hereby supports the reconstruction of Myrtle Street from Owen Street North to the St. Croix Scenic Byway, and 2. The City Council hereby supports the City of Stillwater's pursuit of LRIP funding and authorizes staff to prepare and submit such application, and 3. The City Council hereby commits to funding project elements not eligible for LRIP funding, ensuring the project will comply with all LRIP funding requirements, and following the project schedule as presented in the application. Adopted by the City Council this 8th day of November, 2023. IN I vael;&l I I I IRTi%119 4 N Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: November 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Rivertown Commons Request for Letter of Support for Funding Request to Washington County Community Development Agency DISCUSSION The City has received a request from Standard Communities, an affordable housing developer, regarding a proposed property acquisition of Rivertown Commons, an affordable housing property located at 212 2nd St N located north of the Parking Ramp. As part of the property acquisition, the Buyer is looking for a letter support related to two (2) funding/financing applications to the Washington County CDA (Community Development Agency). This transaction and associated funding applications to other agencies helps preserve and extend the affordability for these existing residents for the next 30 years. The request to Washington County preserves existing, naturally occurring affordable housing and avoids displacing any existing residents in need of affordable housing. There are no financial requests to the City planned by the Buyer at this time; it is all requests to other agencies. Other highlights include, but is not limited to the following. • Will retain existing tenant requirements (62+ or individuals with disabilities) • Expect to retain existing on -site staff • Applying for Low Income Housing Tax Credits (LIHTC) and Housing Bonds through Washington County CDA to finance planned improvement to building • Standard Communities plans to reinvest in the property by remodeling units and internal common areas with new fixtures and finishes (no major reconfiguration of space or # of units) o There is limited exterior improvements to the fagade planned o No residents are expected be displaced due to the remodel — tenants will be temporarily moved to vacant and guest units as units are remodeled • Rent is not expected to increase for Tenants o Property has an agreement with HUD (US Department of Housing and Urban Development) for Project Based Assistance that caps Resident Rent at 30% of their income o Rent amount is based on income, so as long as tenant income profile does not change, tenant rent amount will not change o Rent would only increase if their income amount increased o Buyer is likely to request a market -rate adjustment to their reimbursement/voucher amount from HUD Timeline • November 2023, Request for Letter of Support from City of Stillwater • December 2023, Apply to Washington County Community Development Agency (CDA) for Tax Credits and Housing Bonds • January 2024, Seek final approvals from Washington County CDA for financing • Summer 2024, Complete Transaction and Begin Building Improvements RECOMMENDATION Staff recommends Council should support the Letter of Support for Funding Applications to the Washington County CDA regarding the purchase and renovation of 212 2nd St N. ACTION REQUESTED Motion to support the Letter of Support for Funding Applications to the Washington County CDA regarding the purchase and renovation of 212 2nd St N. 5 wa ter. The Birthplace of Minnesota DRAFT FOR CONSIDERATION November 8, 2023 Washington County Community Development Agency Attn: Karly Schoeman Deputy Executive Director 7645 Currell Boulevard Woodbury, MN 55125 RE: Rivertown Commons Proposed Renovation and Conduit Bonds Application Dear Ms. Schoeman: I am writing to express my support for Standard Communities' planned acquisition and rehabilitation of Rivertown Commons located at 212 2nd Street North, Stillwater, MN, 55082. Rivertown Commons provides apartments that serve low-income seniors (62+) and persons with disabilities. As proposed, the issuance of tax-exempt bonds for the project will preserve the property as affordable housing for at least the next 30 years. In addition to maintaining affordable rents for Stillwater residents, Standard Communities' proposal will result in critical capital upgrades to the building systems and the living units, ensuring that the property will provide high -quality affordable housing going forward. The improvements planned for Rivertown Commons will enhance the quality of life for residents, strengthen the sense of community at the property as residents will collectively enjoy the improved amenity spaces, and preserve the property as a place that will provide high -quality housing to those who may not otherwise be able to afford such arrangements. Our support for this application is based on the assumption that the tenant criteria will remain under current conditions and existing residents will not be displaced by changing tenant criteria. Sincerely, "-ZED 216 4t" Street North, Stillwater Minnesota - 651-430-8800 - www.stillwatermn.gov TAI -M, Rivertown Commons Deal Summary October 2023 Rivertown Commons MSA — Minneapolis/St. Paul • Senior Residential Community • 96 units • 90 one bedrooms • 6 two bedrooms • PBS8 HAP Contract on 100% of units • Built in 1978; Renovated in 2007 (LIHTC) • A seven -story building, 55,800 rentable square feet • No commercial space • Property to be syndicated as a 4% tax credit deal • Project amenities will include a community room, tenant storage space, elevator lobby, laundry room, fitness center, business center, and parking Location Stillwater, MN 61 Q Heights R. '•e�p 95 , Lurie —do. StI Roseville a91lr� Lauderdale Falcon Heights �rrlo Minneapolis �� r 95 G5 t _ r ,o �. a.�_):9•— O ��, Park eNe St Paul��_ � _ v RGWGf �ORx ` calE��tio PRI��. ' Noao. Nat ona/River Areatio^ Area C � j j7■ F ,, h MIGNLANp RARIY J -ST`RNEMILL FARMS t Located 20 minutes from St. Paul and 30 minutes from Minneapolis jjN +F� Balcony views of St. Croix River and Downtown Stillwater Property Photos Exterior Y - oil A I f' p' n go oil rrr �� 6f 'N,- pn -n nn I' F. sr , oil_— nr ...- r- r r', •n� �r�, 111 C r. Ir •p I. r ■IC a .rr' Sol SONS i o 0- ( ,M- "00 f gill ,F, �� or t�_ Ins` r N,: -, 60 STANDARD COMMUNITIES 0 Nab :LL Property Photos Units t w7-- 0 Standard Execution 4% LIHTC Transaction • Since 2008, Standard has completed more than $4 billion of property acquisitions and more than 50 separate LIHTC Transactions covering 7,900 units • Sub-allocator Washington County Community Development Agency will issue bonds and tax credits • Will pursue an Option 1 HUD Mark Up to Market • Expect to close in June of 2024 Rehabilitation Scope - Tenant In -Place • A substantive rehab will be completed to include: • Electrical and Plumbing upgrades and repairs • Kitchen and Bathroom repairs • HVAC upgrades • New Low Flow Toilets, New Appliances • Interior and Exterior Painting • Accessibility upgrades • Common amenity upgrades Illustration of past Standard renovation Standard Communities Overview Standard Communities Institutional Full -service investment and asset management firm. Experts Specialists in the acquisition, rehabilitation, and preservation of "at - risk" affordable housing. Diversified Owns more than 18,600 residential units (including, 17,400+ affordable and workforce housing units) across the U.S. Experienced Since 2008, Standard Communities has completed more than $4 billion of property acquisitions and rehabilitations, including more than 50 separate LIHTC transactions covering over 7,900 units. Nationwide Offices in Los Angeles, New York, Washington D.C., Chicago, Charleston, and Orange County, California. Standard's Real Estate Portfolio —"R, t Regional Breakdown: West Coast: 33 Properties Northeast: 39 Properties Midwest: 14 Properties Southeast: 33 Properties West Coast Midwest Northeast Southeast Select Transactions $196mm acquisition of a 559-unit three - property affordable senior portfolio in Escondido, Livermore, and Anaheim, CA. Standard completed the transaction in partnership with Housing on Merit and an institutional joint venture equity partner. Led a public -private partnership to convert a 176-unit community to affordable from market rate. A $3mm renovation is planned, including energy efficiency upgrades and addressing deferred maintenance. $54mm acquisition of a 148-unit mixed income community in Chicago completed in partnership with HUD, the Illinois Housing Development Authority (IHDA), Chicago Housing Authority (CHA) and the City of Chicago Department of Housing (DoH.). Select Transactions $55.5mm acquisition of a 300-unit existing Section 8 property in Charleston, SC. A $22mm rehab is underway that will upgrade the entire community without displacing residents. $31.2mm transaction to preserve the affordability of all 61 units at an apartment community in downtown Pasadena, CA as senior affordable housing for the next 55 years. $38mm Public -Private Partnership with NJHMFA that extended the affordability of all 169 units in a community in Atlantic City for the next 30 years. A $1 Omm rehab is underway that will upgrade the entire community. Select Transactions $29mm acquisition of 42 Section 8 family units in Washington, D.C. Four units were added to the site as part of an extensive renovation. The transaction preserved and extended the community's affordability for the next 30 years. $26mm acquisition of 120 family units in Summerville, SC. The community is 100% LIHTC and 100% project -based section 8. Upon acquisition, Standard executed a new section 8 contract that covered all units for another 20 years. $65mm acquisition of a 97-unit mixed - income property in Methuen, MA and a 156-unit naturally occurring affordable senior community in Westwood, MA using private capital. Energy & Sustainability Goals & Objectives ■ Reduce Carbon Pollution, Energy Consumption, and Potable Water Consumption individually 20% by 2030, compared to a 2020 baseline ■ Strive to install solar energy in all new projects and renovations ■ Conduct an energy audit and Enterprise Green Communities certification feasibility study for new builds and substantial rehabilitations ■ Pursue bulk energy supply contracts prioritizing renewable energy ■ Develop a master metering strategy for energy and water while implementing cutting -edge water conservation technologies ■ Plan and implement an Indoor Air Quality Management Plan at all properties 1 Better Buildings CHALLEUS DEPARTMENT NGE ``ll/� Enterprise 0 reen .. 1 1 communities,, LEEp Sustainability Profile Fort Chaplin Park Apartments ■ Largest rooftop community solar system in D.C., spanning 45 buildings • Generates 1.5 million + kWh of energy annually, which is the equivalent to offsetting the greenhouse emissions of 229 cars per year • Saves residents up to $500 per year on their electric bills ■ 5,000 square foot LEED Silver Community Center complete with a green roof • Features a full-length pool and amenities such as a gym, computer room, and day care center • This Community Center serves as the hub for all social services and community programming ■ Enterprise Green Communities certified V STANDARD COMMUNITIES Certified B Corporation Certified B Corporation since April 2023 ■ Standard Communities joins an international movement of more than 6,500 purpose -driven businesses that meet B Corp's high standards of verified performance, accountability, and transparency on factors from employee benefits and charitable giving to supply chain practices and input materials. ■ Certified B Corporations are leaders in the global movement for an inclusive, equitable, and regenerative economy. ■ Standard is the first affordable housing company to receive this designation. a Certified This company is committed to accountability, transparency, and continuous improvement. Corporation :���►�� WE MEASURE MORE � 1 THAN PROFIT, Corporate Philanthropy 6'9STANDARD PLUS FOUNDATION ■ Standard Plus Foundation's mission is to foster strong, inclusive, and equitable communities in the markets we serve ■ Resident Relief Fund to help residents who have been most adversely impacted by COVID-19 ■ Provided free COVID-19 protection kits to approx. 18,500 low- income residents across our portfolio ■ Distributed more than 6,000 meals to residents of our affordable housing communities in New York City and the surrounding metro area ■ Facilitated a donation of $13,600 to the Thomas House Family Shelter in Orange County, CA to help further the non-profit organization's response to the COVID pandemic STANDARD $ 13,603.00 THIRTL I - THE FAMILIES „- - Standard Communities Team Standard Team - Key Principals =�' Scott J. Alter Co -Founder of Standard Communities 4 Scott J. Alter is Co -Founder and Principal of Standard Communities. As Principal, Mr. Alter manages all aspects of investments, asset management, construction, financial structuring, and corporate strategy for Standard Communities Since co-founding Standard Communities in 2008, Mr. Alter has led Standard to become a California Benefit Corporation and one of the 50 largest affordable housing owners in the country, with more than $4 billion in AUM and over 18,600 units. Over the course of his career, Mr. Alter has played an integral role in the acquisition, management, disposition, and financing of real estate transactions. Well-known in the philanthropic community, Mr. Alter serves on the Host Committee for the Stanford Center on Philanthropy and Civil Society and is a current Board Member and Co -Founder of Housing on Merit, a California based non- profit focused on creating a bridge to permanent affordable housing for vulnerable populations. Additionally, Mr. Alter is an active board member of multiple locally -focused community organizations in New York City. Mr. Alter earned a Bachelor of Science degree in Industrial and Labor Relations from Cornell University with a concentration in Labor Economics and Finance. q4Jeffrey E. Jaeger Co -Founder of Standard Communities Jeffrey E. Jaeger is Co -Founder and Principal of Standard Communities. Mr. Jaeger is responsible for all facets of investments, asset management, construction, financial structuring, and the strategic direction of Standard Communities. Under Mr. Jaeger's leadership, Standard Communities has become one of the 50 largest affordable housing owners in the country, with a portfolio of 120 deals totaling over 18,600 units. Over the course of his career, Mr. Jaeger has played an essential role in the acquisition, management, disposition, and financing of real estate transactions. Active in the Los Angeles philanthropic community, Mr. Jaeger is a current Board Member and Co -Founder of Housing on Merit, a California -based non-profit focused on creating a bridge to permanent affordable housing for vulnerable populations. Mr. Jaeger is also a current Board Member of Inner -City Arts, one of the nation's most effective arts -education providers located in the heart of Skid Row, Los Angeles. He earned a Bachelor of Arts degree from the University of California, Berkeley. Case Studies Deal Profile: IL Sec 8 Portfolio Illinois Section 8 portfolio ■ $206mm transaction preserving 855 at risk units across 6 properties in the Chicago MSA ■ Largest tax-exempt bond financing transaction for a single affordable housing preservation project in Illinois Housing history ■ Expanded affordability of the properties, eliminating a source of stress for over 1,200 residents and introduced PBRA to 150 units ■ Completed a $42mm renovation that upgraded unit interiors, building systems, and community spaces REMPr'.-Mi Deal Profile: Lake Park Crescent Lake Park Crescent • Acquisition and rehabilitation of a 148-unit mixed income community in Chicago. • Deal financed with 4% tax credits, and subordinate financing from the Illinois Housing Development Authority (IHDA), Chicago Housing Authority (CHA) and the City of Chicago Department of Housing (DoH). ■ Involves RAD conversion of a portion of public housing units, and a comprehensive tenant in place rehabilitation. Evil „I 373 Deal Profile: Commonwealth Commonwealth • Acquisition and rehabilitation of a 145-unit senior residential community in Chicago. ■ Originally built in 1927, the property is undergoing substantial rehab through 4% tax credits and tax-exempt bonds. Deal Profile: Greenleaf Greenleaf • Acquisition and rehabilitation of a 321 senior residential community in Bolingbrook, IL. ■ Originally built in 1972, the property is undergoing substantial rehab through 4% tax credits and tax-exempt bonds. • In addition to the substantial interior and exterior upgrades, the property will benefit from renewal energy through solar panel electrification. City of Stillwater Washington County, Minnesota RESOLUTION 2023- DENYING ISSUANCE OF A THERAPEUTIC MASSAGE BUSINESS LICENSE AND INDIVIDUAL MASSAGE THERAPIST LICENSE WHEREAS, a application request from Weili Cai owner of W & M LLC dba Garden of Eden has been received for the issuance of a Therapeutic Massage Business License and Individual Massage Therapist License; and WHEREAS, the applicant made a false statement in the course of the applicant's former business. lk NOW THEREFORE BE IT RESOLVED by the City Cou f th City of Stillwater, Minnesota hereby denies the issuance of a Thetape ge Business License and Individual Massage Therapist License to Weo er & M LLC dba Garden of Eden. Adopted by the Stillwater City Council this 8th day o N 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Beth Wolf, City Clerk i water THE BIRTHPLACE OF MINNESOTA DATE: November 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses BACKGROUND Therapists Guiyun Qin and Juan Yin of Qin Chinese Acupressure Therapeutic Massage, LLC and has completed submitting their Therapeutic Massage Business application and Individual Massage Therapist application items and ready for approval. Applicant Weili Cai owner of W & M LLC dba Garden of Eden applied for a business and individual massage therapist license however Ms Cai made a false statement on her individual massage therapist license application regarding a former business she owned. Per City Code, any fraudulent statements, misrepresentations, not fully disclosed information or making false statements in the application or investigation for or in the course of the applicant's business is a reason for denial. Since The applicant is a sole proprietor, the business application as well as the individual massage therapy application should be denied. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion to adopt RESOLUTION 2023- APPROVING ISSUANCE OF NEW THERAPEUTIC MASSAGE BUSINESS LICENSES AND INDIVIDUAL MASSAGE THERAPIST LICENSES to Guiyun Qin and Juan Yin of Qin Chinese Acupressure Therapeutic Massage, LLC. And RESOLUTION 2023- DENYING ISSUANCE OF A THERAPEUTIC MASSAGE BUSINESS LICENSE AND INDIVIDUAL MASSAGE THERAPIST LICENSE to Weili 14a W971TI - . iVJE:l1yj14WeZ'.I:fLe�T eM70 iix'M07 City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING ISSUANCE OF NEW THERAPEUTIC MASSAGE BUSINESS LICENSES AND INDIVIDUAL MASSAGE THERAPIST LICENSES WHEREAS, a request from the following businesses and message therapists have been received for the issuance of a Therapeutic Massage Business License and Individual Massage Therapist License; and WHEREAS, all required documentation has been submitted and fees paid. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the issuance of Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses to the following conditioned upon approval from the Police Department and City Clerks Office. Business Location Massage Therapist(s) Qin Chinese Acupressure Therapeutic Massage, LLC 1940 Greeley St S, Suite 202C Guiyun Qin Juan Yin Adopted by the Stillwater City Council this 8th day of November, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2023- DENYING ISSUANCE OF A THERAPEUTIC MASSAGE BUSINESS LICENSE AND INDIVIDUAL MASSAGE THERAPIST LICENSE WHEREAS, a application request from Weili Cai owner of W & M LLC dba Garden of Eden has been received for the issuance of a Therapeutic Massage Business License and Individual Massage Therapist License; and WHEREAS, the applicant made a false statement in the course of the applicant's former business. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby denies the issuance of a Therapeutic Massage Business License and Individual Massage Therapist License to Weili Cai owner of W & M LLC dba Garden of Eden. Adopted by the Stillwater City Council this 8th day of November, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: November 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Robert Benson, Utilities Superintendent SUBJECT: Wellhouse #12 Repairs BACKGROUND As part of the 2023 Capital improvement Projects for the Utility Department it, is planned to repair the pump at wellhouse #12, located at Legends Park. It is proposed that the pump be removed, inspected and repaired per City approval. The City received three bids for the work with lowest bidder Keys Well Drilling Company at a price of $27,370.00. Funding for this project will be paid out of the Utilities Capital Outlay budget. RECOMMENDATION Staff recommends approving the contract for Wellhouse #12 Repairs with Keys Well Drilling. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR WELLHOUSE #12 REPAIRS. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 8th day of November, 2023, by and between the City of Stillwater, 216 4ch Street North, Stillwater, Minnesota 55082, ("City") and Keys Well Drilling Company, 1156 Homer St., St. Paul, MN 55116 ("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; Wellhouse #12 Repairs 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 01/24/23, 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. 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. 2 8. CITY'S REPRESENTATIVE. The City has designated Robert Benson to act as the City's representative with respect 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 Douglas Keys 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. 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 parry 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 Keys Well Drilling Company 216 4th Street North 1156 Homer St. Stillwater, MN 55082 St. Paul, MN 55116 Attention: Robert Benson Attention: Douglas Keys Or e-mailed: rbenson@stillwatermn.gov Or emailed: dkeys@keyswell.com 3 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. 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 Beth Wolf, City Clerk 4 CONTRACTOR Keys Well Drilling Company By: By (Please Print): Title (Please Print): Project Description: Wellhouse #12 Repairs Keys Well Drilling Company 1156 Homer Street, St. Paul, MN 55116-3232 651-646-7871 Fax 651-641-0216 To: City of Stillwater 204 N 3rd Street Stillwater, MN 55082 We are pleased to quote you as follows: Date of January 24, 2023 Attention: Robert Benson Project: Pump Repair Location: wellhouse # 12 The removal of your well pump #12, inspect, and repair per your approval. Pump settting- 10" x 1-1/2" x 120' with a Goulds 12CHC 4 -stage pump end- condition 1200gpm g240TDH Labor: Pull, Install Pump and test Shop time ( blasting, inspect , reassemble, etc) Machine Shop (machine bowl castings) Total Labor Cost Materials: (if needed) 10" x 10' T&C Column pipe 10" x 5' T&C Column pipe Rubber Bearing Inserts Stainless Steel Headshaft Dischargehead Bearing and Packing Impeller Brz Wear Rings Bowl Brz Bearings Stainless Steel Bowl Shaft 10" Suction Pipe TOE 100hp US VHS Motor repair estimate 1" PVC probe tube (2-runs) Total Material Cost Total Estimated Cost New Bowl Replacement- $12,550 + freight Unit Est Qty Price Total LS 1 $ 6,500.00 $ 6,500.00 HR 24 $ 110.00 $ 2,640.00 HR 8 120.00 960.00 $ 10,100.00 EA 6 $ 1,200.00 $ 7,200.00 EA 1 $ 900.00 $ 900.00 EA 12 $ 35.00 $ 420.00 EA 1 $ 600.00 $ 600.00 LS 1 $ 350.00 $ 350.00 EA 4 $ 500.00 $ 2,000.00 EA 5 $ 350.00 $ 1,750.00 EA 1 $ 500.00 $ 500.00 EA 1 $ 950.00 $ 950.00 EA 1 $ 2,000.00 $ 2,000.00 FT 240 $ 2.50 $ 600.00 $ 17,270.00 $ 27,370.00 Thank you for giving us the opportunity of quoting you. If you have any questions, please give me a call Terms: N-30 17 Quota ' n va for 0 d Quoted By Douglas I Keys Accepted Da 1 1 Water —1 THE BIRTHPLACE OF MINNES O T A DATE: November 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Traffic Study Agreement for the 2024 Street Improvement Project (2024- 02) BACKGROUND At their regular meeting on July 18t", 2023 the City of Stillwater Council members ordered the Engineering staff to prepare a feasibility study for the 2024 Street Improvement Project. Greeley Street is part of the improvement project, and there are many challenges with Right -Of -Way and turning lanes from Greeley Street on to Churchill Street. Staff contacted SEH Inc. to conduct traffic counts at the intersection of Greeley Street and Churchill Street, and to a survey for adding a Bike lane and the condition of the parking along Greeley Street. The cost of doing this traffic study is $8,200. Funding for the survey will come from the 2024 Street Improvement Project (Project No. 2024-02) budget. RECOMMENDATION Staff recommends approving the Agreement with SEH for conducting a traffic Study for Greeley Street as part of the 2024 Street Improvement Project (2024-02). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH SEH FOR CONDUCTING A TRAFFIC STUDY FOR GREELEY STREET AS PART OF THE 2024 STREET IMPROVEMENT PROJECT (2024-02). l Ewa ter The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 8th day of November, 2023, by and between the City of Stillwater, 216 4tn Street North, Stillwater, Minnesota 55082, ("City") and Short Elliott Hendrickson, 3535 Vadnais Center Dr, St. Paul, MN 55110 ("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: 2024 Street Project — Traffic Study 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 11/2/2023, 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 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 Reabar Abdullah, 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 Greg Anderson 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. 2 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 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. An Umbrella or Excess Liability insurance policy may be used to supplement the Consultant's policy limits to satisfy the full policy limits required by the Contract. 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. An Umbrella or Excess Liability insurance policy may be used to supplement the Consultant's policy limits to satisfy the full policy limits required by the Contract. 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 4tn Street North Stillwater, MN 55082 Attention: Reabar Abdullah Or e-mailed: rabdullahaci.stillwater.mn.us If to Consultant: Short Elliott Hendrickson Inc., 3535 Vadnais Center Dr. St. Paul, MN 55110 Attention: Greg Anderson Or e-mailed: ganderson(a)-sehinc.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. 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 party'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. f. 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 M in Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: N SEH By: _ Its: Date: Project Description: 2024 Street Project — Traffic Study SEH Building a Better World for All of Us'` November 2, 2023 Mr. Reabar Abdullah Assistant City Engineer City of Stillwater 216 4th Street North Stillwater, MN 55082 Dear Mr. Abdullah: RE: City of Stillwater, Minnesota Greeley Street South Traffic Study SEH No. STILL 175720 14.00 SEH appreciates the opportunity to submit this proposal for providing engineering services for traffic study assistance on Greeley Street South. This letter serves as our understanding of the project scope and schedule. PROJECT BACKGROUND The City of Stillwater is planning street improvements on Greeley Street South as part of their 2024 Street Improvement Project. The project will cover Greeley Street South between Orleans Street and Mrytle Street West. City Staff is reviewing options to include a shared trail along the project corridor that may require turn lane adjustments at Churchill Street West. SEH met with City Staff on November 2, 2023 to discuss possible traffic turn lane options at Churchill Street West to include in the upcoming street project and traffic counting. Staff asked for this proposal to provide assistance in collecting traffic data at the intersection of Churchill Street West and Greeley Street South and public engagement assistance with a resident survey. SCOPE OF WORK The Scope of Work below was developed after our meeting on November 2nd. SEH will collect and review turning movement count data at the intersection of Greeley Street South and Churchill Street West. We will also assist the City with public engagement this fall to gather public input and gauge public interest in the proposed traffic options along the corridor. Task 1: Project Management & Client Communication $800 • Client communication and up to one 1-hr virtual meeting Administration Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 651.490.2000 1 800.325.2055 1 888.908.8166 fax I sehinc.com SEH is 100% employee -owned I Affirmative Action —Equal Opportunity Employer Mr. Reabar Abdullah November 2, 2023 Page 2 Task 2: Traffic Data Collection & Analysis $4,200 • Set up traffic video camera and process 13-hours of vehicle, pedestrian, and bicyclist data for one weekday (Tuesday — Thursday) • Summarize turning movement count data • Turn lane analysis with respect to MnDOT and Washington County turn lane requirements. Estimate future traffic demands if needed. • Summarize data and document turn lane analysis to City • Does not include traffic operations analysis or roadway/ alternatives or bike lane configurations Task 3: Public Engagement $3,200 • Using SEH's Alchemer Survey subscription, SEH will provide the City with a link to a survey that includes up to 6 close -ended questions (i.e. multiple choice) and up to 2 open-ended questions. Survey to be shared on the City's social media pages and/or other efforts. • SEH to provide the City with basic survey analytics and results. • It is assumed the City will share survey with impacted residents via social media/email/mailings. SCHEDULE We anticipate starting our services upon your authorization. We tentatively scheduled the traffic data collection for Thursday, November 9t" or mid -week the following week. We will provide the City with a summary of the traffic/turn lane data within 3-4 weeks following the data collection. Following the City's review of the data, we will meet with City Staff to review the data and discuss a schedule for the public engagement assistance. COMPENSATION Compensation for the services identified in the Scope of Work will be made on an hourly basis plus the cost of reimbursable expenses. Total compensation is estimated at $8,200. This includes all expenses and equipment. REMARKS You agree to furnish us with full information as to your requirements, including any special or extraordinary considerations for the Project or special services needed, and also to make available all pertinent existing information and data that we will need to perform our services. We will also furnish such Additional Services as you may request or as required. This Letter Proposal represents the entire understanding between The City of Stillwater (The Owner) and Short Elliot Hendrickson Inc. (The Consultant) in respect of the Project outlined above. If it satisfactorily sets forth your understanding of our Agreement, please sign this letter agreement and return a copy of it to me. Mr. Reabar Abdullah November 2, 2023 Page 3 SEH appreciates the opportunity to continue to serve the City of Stillwater. We look forward to working with the City to complete this upcoming project. Please contact me directly at 612.720.5883 or ganderson(a�sehinc.com should you questions or requests for additional information. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Greg Anderson, PE Client Service Manager (Lic. MN) ah c: Shawn Sanders, City of Stillwater xApt\s\sti11\common\175720\Itr proposal.docx APPROVED THIS DAY OF 2023 CITY OF STILLWATER, MINNESOTA 0 Title: 1 1 Water THE BIRTHPLACE OF MINNES 0 TA DATE: November 8, 2023 TO: Honorable Mayor and Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: CD Case No. 2022-19: Appeal to Variance Denial for Yard Setbacks for Chapel Hill Flats Proposed Balconies located at 107 3rd St S; Case of Landucci Construction BACKGROUND The City has previously approved a series of Applications for this project. The Applicant now desires to add balconies to the proposed design, which requires a variance to project into the minimum yard setbacks. The Subject Property is located within the following Zoning Districts. • CBD: Central Business District (Primary/Underlying Zoning District) • Central Business District Height Overlay District • Downtown Design Review District The Applicant is seeking to introduce balconies projecting from the exterior walls on three (3) sides of the building (3rd Street/Front, North Facade/Side Interior, East Facade/Rear). There would be no projections on the Myrtle Street Facade (side corner). Staff has reviewed this inquiry with the City Attorney on multiple occasions over the past year. It is the City Attorney's legal opinion that these balconies must meet the minimum required yard setbacks, and are not allowed as a projection into required yard areas per City Code Section 31-514 (Miscellaneous residential and non-residential performance standards). The Applicant is seeking a five (5) foot variance from all setbacks as the building footprint is already set at the minimum setback. The existing setbacks are as follows. Front Setback 15 feet Side Setback 20 feet total both sides (10 feet/10 feet; or 0 to 20 feet on either side Rear Setback 20 feet The HPC reviewed the design permit for the balconies. From a design standpoint, the Heritage Preservation Commission believed that, despite the Variance, the introduction of balconies will improve the design of the proposed building. However, the Planning Commission denied the variance because the Applicant failed to meet the practical difficulty test based on the following findings. • The property owner does not propose to use the land in a reasonable manner for a use permitted in the zone where the land is located and is requesting that balconies be added that encroach into setbacks where the existing footprint could be reduced and/or balconies could be recessed. • The plight of the landowner is not due to circumstances unique to the property and was created by the landowner that created the current building design. • The variance, if granted, will alter the essential character of the neighborhood. • Many of the statements made in support of the Variance by the Applicant were focused on economic considerations alone. The Applicant has appealed the PC's denial, which the Council must now review. In order to grant a Variance, Minnesota Statutes Chapter 462.357 requires that the City find that the Applicant establishes a `Practical Difficulty" in complying with the Zoning Ordinance. In order to meet the Practical Difficulty Test, the Applicant must demonstrate the following. • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance • The plight of the landowner is due to circumstances unique to the property not created by the landowner • The variance, if granted, will not alter the essential character of the locality • Economic considerations alone do not constitute practical difficulties Additionally, the City must find that the Variance is in harmony with the general purposes and intent of the ordinances and are consistent with the Comprehensive Plan. In this case, the use is consistent with the Comprehensive Plan. However, arguably, the proposal may not be in harmony with the general purposes and intent of the ordinance. The Applicant has more than maximized development potential of the site (due to the existence of an existing parking agreement with the City that allowed additional height/units by relying on off -site parking). There are other reasonable solutions to allow for balconies, most notably recessed balconies similar to nearby examples. COUNCIL'S OPTIONS The City Council has the following alternatives to consider. 1. Uphold the Planning Commission's Denial of the Variance a. If the Council finds that the Applicant has not established a practical difficulty, then the Council may deny the request with written findings of fact i. The Variance is not in harmony with the general purposes and intent of the ordinance and is not consistent with the comprehensive plan ii. The property owner does not propose to use the property in a reasonable manner not permitted by the zoning ordinance iii. The plight of the landowner is not due to circumstances unique to the property and is due to plight created by the landowner iv. The variance, if granted, will alter the essential character of the locality v. In this proposal, economic considerations alone do constitute the practical difficulties If denied, Staff will prepare Findings for Denial based on the discussion, which will be brought forward on a future agenda. 2. Overturn the Planning Commission's decision and Approve the Variance If approved, Staff recommends the following findings and conditions (or as modified by the Council) a. Findings i. The Variance is in harmony with the general purposes and intent of the ordinance and consistent with the comprehensive plan ii. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance iii. The plight of the landowner is due to circumstances unique to the property not created by the landowner iv. The variance, if granted, will not alter the essential character of the locality v. Economic considerations alone do not constitute the practical difficulties b. Conditions i. Plans shall be consistent with those included in this report. ii. All minor modifications to the plans shall be approved in advance by the Community Development Department. All major modifications shall be approved in advance by the Planning Commission. Determination of the distinction between "major" and "minor" is defined in the Zoning Ordinance. 3. Continue matter for additional information. The City has extended the deadline to make a final decision to December 23, 2023. City of Stillwater Washington County, Minnesota RESOLUTION CC 2023- RESOLUTION OVERTURNING THE PLANNING COMMISSION'S DENIAL VARIANCE OF YARD SETBACKS FOR EXTERIOR BALCONIES AT 107 3RD ST N WHEREAS, the City of Stillwater received a variance application from Landucci Construction ("Applicant"), located 107 3rd St N, legally described as in Exhibit A (the "Property"),; and WHEREAS, the on September 27, 2023, the Planning Commission for the City of Stillwater denied the request; and WHEREAS, on September 28, 2023, the Applicant appealed the denial by the Planning Commission; and WHEREAS, on October 25, 2023, the Planning Commission adopted written findings supporting the September 27, 2023 denial; and WHEREAS, on November 8, 2023, the City Council held a public hearing regarding the appeal. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby overturns the Planning Commission;s denial and approves the Variance to yard setbacks for exterior balconies. The approval of the variance is based on the following findings and conditions of approval. FINDINGS 1. The Variance is in harmony with the general purposes and intent of the ordinance and consistent with the comprehensive plan 2. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance 3. The plight of the landowner is due to circumstances unique to the property not created by the landowner 4. The variance, if granted, will not alter the essential character of the locality 5. Economic considerations alone do not constitute the practical difficulties CONDITIONS 1. Plans shall be consistent with those included in this report and as shown in Exhibit B, attached hereto. 2. All minor modifications to the plans shall be approved in advance by the Community Development Department. All major modifications shall be approved in advance by the Planning Commission. Determination of the distinction between "major" and "minor" is defined in the Zoning Ordinance. 3. Variance approval does not constitute final approval. The Applicant must secure proper permits and approvals from the City. Adopted by the City Council this 8t" day of November, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A Legal Description of the Applicant's Property Parcel A (PID: 2803020420060): West 90 feet of Lot 15, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. Parcel B (PID: 2803020420061): West 90 feet of Lot 14, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. Parcel C (PID: 2803020420059): The South 45 feet of the West 90 feet of Lot 16, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. Parcel D (PID: 2803020420169): The North 5 feet of the West 90 feet of Lot 16, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. Exhibit B Site Plan/Survey LPAVV= ^NOTES _ ^ SYMBOL LEGEND r� KEYNOTES R19® ��- i Sri -------- I I 3RD STREET NORTH C P !al IOI��tilsjsj ; GS�I'!JP C �Wifii I u N H z x aM 6 NDIRn R::J �►�fAf n M !- A � r � ■,/ems` � r ' %' � ' a, Z�•; V " � n r !F � 0 * O OF 7r y �I (water The Birthplace of Minnesota N WE S Site Location 1073rdStN 0 60 120 General Location 240 Feet n � � PAVING NOTES 1. All street patches shall match existing grade and be within 1/4-inch of the existing pavement thickness. 2. Concrete joints are shown for general reference only to signify new light -duty and/or heavy-duty concrete pavement. Actual joints shall be constructed per the project specifications. KEY NOTES ONEW B612 CONCRETE CURB, SEE DETAIL SYMBOL LEGEND HEAVY DUTY BITUMINOUS PAVEMENT MATCH EXISTING CONCRETE SIDEWALK SEE DETAIL HEAVY DUTY CONCRETE SEE DETAIL NEW STOOP/APRON SEE STRUCTURAL/ARCHITECTURAL I I I I GAS GAS NORTH 0 5 10 20 a) o� r ;v LO 6 ., LO Z -0 0 CD OIL 0 )CU c J O (14 -0 � U c 1 J m Co C W M VI It � L Jw M�� J M N 0 N O Z ■ W W 13 Cl Z Q F 1 ' Z W a O J ■ W W i J Q Z W 0 U W M J Cl U W F .CD O U U N 00 CD LO CIO LO z Q J LL z W J w Q _ � J JCIO W z Q Q cn 2 0 U co iv o U � O ^L LL I hereby certify that this plan, specifications or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the state of Minnesota. 7J_ - 9,4, Date: 08.24.23 Lic. No.: 53681 v. Date Description F Project #: 12226171.000 Drawn By: TJR Checked By: MJW Issue Date: 08.24.23 Sheet Title: PAVING PLAN Sheet: BALCONIES: 10"-0"x5'-0" (ARCHITECTURAL PLEASING ADDS FACETS TO BUILDING) RAILINGS BLOCKING DOORS BALCONIES: 10"-0"x5'-0" (ARCHITECTURAL PLEASING ADDS FACETS TO BUILDING) RAILINGS BLOCKING DOORS (ARCHITECTURAL BORING) k 1 Ld1 lug:, L-- Om �- ql,,,,,i �m ■ ■■I �■ Imo ■ WIN oF m� innni , ■ it 1 ■ ,,,gypu lulpl M nnm - • ■ ■ Mir' ■I It - BALCONIES: 10"-0"x5'-0" (ARCHITECTURAL PLEASING ADDS FACETS TO BUILDING) RAILINGS BLOCKING DOORS (ARCHITECTURAL BORING) Beth Wolf From: Joe Kohlmann Sent: Monday, November 6, 2023 11:55 AM To: Beth Wolf Subject: FW: Special Service District For the updated packet on Wednesday ... From: chris siedow Sent: Monday, November 6, 2023 11:45 AM To: Joe Kohlmann <jkohlmann@ci.stillwater.mn.us> Subject: Fwd: Special Service District [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Joe, thank you for taking the time to give me additional information about the Special Service District. Due to the short notice I will not be able to attend. Please confirm that you will get my below email in the city council packet at the next meeting. Regards, Chris Siedow City Council Members, As a building owner I have many concerns with the proposed Special Service District. I feel more time to vet this would be prudent. In the end its better to get this right vs moving it forward in today's meeting because of year end. 1. We currently have a beautification fund that can be used for additional services. I'm being told that fund went from $15,000 to $69,000 in 2023. It's not clear to me and many others why we are trying to create an additional fund to be managed by a small group. 2. It's my understanding at last month's city council meeting you discussed this new tax for the building owners. Myself and other building owners did not get notification of that meeting. Why? I received less than a two weeks' notice for this November 8tn meeting. This is a very short notice and does not allow building owners that are against the new tax sufficient time for a formal response. 3. On October 5th there was an informational meeting with the building owners that I was not able to attend. Why weren't the notes from that meeting mailed out to the building owners if the intent was to move forward? 4. It is my understanding that other cities have this program. Did some cancel the program over time? I think it would be prudent to review case studies before any vote on moving forward. 5. How did the small group that put this together determine the allocation of $500.00 per building? This clearly is not fair for someone that owns 20' of frontage vs others with 100s of feet of frontage. Take a hotel as an example. They can bring in millions of dollars in revenue compared to a small store. I believe the council owes it to the building and small business owners to request case studies to get a better understanding on a fair split of this tax. 6. What about buildings with multiple PID #? Are they getting charged multiple times? What about buildings that have many tenants. The charge will be harder on building owners with one small tenant. $500.00 may not be a lot of money to the council but it is for a small business. 7. My taxes went up 60% over the last 3 years. Hopefully, you can understand the push back when I already absorbed this huge increase. 8. Customer traffic is up in downtown Stillwater, and I assume this brings in additional money from sales tax and parking fees. Did we look at requesting additional money from the city for the beautification fund? Do we need to request more? Has the council tried to work with the public works group to see if they can help with additional beautification items? 9. Will there be increases in the fees? There need to be checks and balances. Once again, we can get a better understanding if we have case study from another city. 10. What happens if a group does not want this and would like to stop it from moving forward or if it moves forward what are their options on canceling this program? This is not a time sensitive issue and does not have to be moved forward at this meeting. More information is owed to the building owners and small businesses. I suggest a packet be sent out with additional information along with case studies. Regards Chris Siedow Special Service District City of Stillwater – City Council Presentation 10/17/23 City of Stillwater Overview •February 21st - Downtown Opportunities Forum •106 Comments received •July 12th – Follow up –Special Service District Discussion introduced •October 5th – Special Service District meeting with commercial property owners COMMENTS CONCERNING: •Garbage, Restrooms, Safety, Lighting, Lowell Park, Parking, Streets/Sidewalks, Events, Signage, Biking/Peds, City Process, Main Street, Snow Removal City of Stillwater What is a Special Service District •“A defined area within the city where special services are rendered and the costs of the special services are paid from revenues collected from service charges imposed within that area.” •not ordinarily provided throughout the city from general fund revenues of the city, or •provided at an increased level than for the rest of the city City of Stillwater Special Service District City of Stillwater Special Service District 102 Commercial Parcels – 1 per building $51,000 Annually $500 Annually City of Stillwater Special Service District Downtown Advisory Committee 5 – 9 Members City of Stillwater City of Stillwater What could be funded? Advisory Committee would Direct •Improve Safety •Improve Cleanliness •Security •Sidewalk enhancement •General Upkeep •Waste Removal •Snow and Ice Removal •Landscaping •Physical Enhancements •Any Public Improvements allowed under 429 •Other City of Stillwater Why a Special Service District? •Advisory Board creates a formal channel for Downtown Commercial Property Owners •100% of funds stay within the District and managed with Advisory Board •Formal City Staff Support to the Advisory Board •Improves Downtown Stillwater City of Stillwater How is an SSD established? •Petition. An SSD may be established by petition by the owners of 25 percent or more of the land area that would be subject to the charges •and either (i) owners of 25 percent or more of the net tax capacity of property that would be subject to the charges, or (ii) owners, individuals, and business organizations that would be subject to 25 percent or more of a proposed charge •60% land area •56% tax capacity City of Stillwater Next Steps and Timeline •Public Hearing on November 8th •Certify to County in November •2024 Implementation – Board Creation; Service Charges i water THE BIRTHPLACE OF MINNESOTA DATE: November 811, 2023 TO: Honorable Mayor and City Council FROM: Joe Kohlmann, City Administrator SUBJECT: Special Service District in Downtown Stillwater Area — Public Hearing — Second Reading Overview The City has been engaging the downtown business owners dating back to February. There was an open invitation to provide feedback on how the City of Stillwater can enhance downtown. The City received 106 comments at this first meeting in February. The City hosted another meeting in July, through an open invite to provide follow up information to the feedback it received in February. At this meeting, the topic of a Special Service District was introduced and was met with positive reception. On October 5t", the City invited all commercial property owners downtown to a presentation on a Special Service District at the Stillwater Library. This again was met with generally positive reception. The City received petitions well over the required thresholds of 25% for land area impacted and 25% tax capacity of the district to order a Public Hearing considering the creation of a Special Service District. The city received approximately 60% in regards to land area and 56% in regards to tax capacity. The Public Hearing will be on November 8t" Special Service District Overview A special service district is "a defined area within the city where special services are rendered and the costs of the special services are paid from revenues collected from service charges imposed within that area." Commercial properties are proposed to receive the Special Service Charge per commercial building. The $500 per commercial building is anticipated to generate about $53,000 annually and allocated to the district in various services and improvements. What kinds of services may be provided in an SSD? The city ordinance establishing the SSD specifies what services may be provided. In general, the services are those: • not ordinarily provided throughout the city from general fund revenues of the city, or • provided at an increased level than for the rest of the city Special services authorized in some city ordinances have included street and sidewalk cleaning, snow and ice removal, lighting, signage, landscaping, and security. They may also include capital improvements authorized in the special assessment statute. The proposed Ordinance is written open ended for the services provided as there will be collaboration with the Board mentioned below on how to best utilize those funds. Downtown Special Service District Management Board A Downtown Special Service District Management Board made up of 5 — 9 members of commercial property owners will be created to work with the City to determine how the funds from the Special Service District are allocated back to the district. These funds will be utilized for enhanced services from what the City already provides today. Timeline October 17 — First Reading October 27 — Notice Mailed to Property Owners for Public Hearing November 8 — Public Hearing Recommendation Staff recommends approval of the Ordinance and Resolution. Action Requested If Council concurs with recommendation, they should pass a motion adopting and ORDIANCE 1207 AN ORDINANCE ENACTING STILLWATER CITY CODE CHAPTER 56, SECTION 6 — SPECIAL SERVICE DISTRICT and approving RESOLUTION AUTHORIZING THE IMPOSITION OF A SERVICE CHARGE TO THE STILLWATER 690xy/_11&14:IT/[a]=1Q6"19N101 Stillwater Special Service District Parcel ID OWNER -NAME TAX AMOUNT Property Address 28.030.20.11.0002 STILLWATER MARINA & YACHT CLUB $1,000.00 575 MAIN ST N 28.030.20.11.0013 STILLWATER MARINA & YACHT CLUB $500.00 422 MULBERRY ST E 28.030.20.11.0042 PRIME COMMERCIAL LLC $500.00 610 MAIN ST N, STE 100 28.030.20.11.0043 SAND CREEK DREAMS LLC $500.00 610 MAIN ST N, STE 200 28.030.20.13.0165 MIDNIGHT REAL ESTATE II LLC $500.00 217 2ND ST N 28.030.20.13.0166 ABS CO LLP $500.00 402 MAIN ST N 28.030.20.13.0183 STILLWATER MILLS COMMERCIAL PARTNERS LLC $500.00 220 MULBERRY ST E 28.030.20.14.0035 ARCHANGEL ASSETS 4 LLC $500.00 225 2ND ST N 28.030.20.14.0039 MIDNIGHT REAL ESTATE II LLC $500.00 232 MAIN ST N 28.030.20.14.0040 JOHNNY'S TV & DAVID FAZENDIN & THOM SYVERSON $500.00 242 MAIN ST N 28.030.20.14.0041 ARCOLA DEVELOPMENT CO LLC $500.00 270 MAIN ST N 28.030.20.14.0043 LAMB DOUGLAS K $500.00 212 MAIN ST N 28.030.20.14.0045 LYNSKEY MICHAEL J SR & LEE T BJERK $500.00 218 MAIN ST N 28.030.20.14.0053 DESCH BUILDING LLC $500.00 333 MAIN ST N 28.030.20.14.0061 ABS CO LLP $500.00 450 MAIN ST N 28.030.20.14.0064 LIFTBRIDGE CAPITAL LLC $500.00 223 MAIN ST N 28.030.20.14.0066 TREMAR LLC $500.00 221 MAIN ST N 28.030.20.14.0067 THOMAS & THOMAS LLC $500.00 219 MAIN ST N 28.030.20.14.0068 PUGSLEY LLC $500.00 217 MAIN ST N 28.030.20.14.0070 RIVER SIREN BREWING CO LLC $500.00 225 MAIN ST N 28.030.20.14.0278 STILLWATER MILLS COMMERCIAL PARTNERS LLC $500.00 350 MAIN ST N, STE 100 28.030.20.14.0280 STILLWATER MILLS COMMERCIAL PARTNERS LLC $500.00 350 MAIN ST N, STE 102 28.030.20.41.0001 ROCHESTER GK STILLWATER LLC & 200 CHESTNUT GRP LLC $500.00 200 CHESTNUT ST E 28.030.20.41.0002 GRANDMA VINCENZA'S PINZADOTS LLC $500.00 106 MAIN ST S 28.030.20.41.0003 DOLLY INVESTMENTS LLC $500.00 221 MYRTLE ST E 28.030.20.41.0004 MICHAEL J LYNSKEY SR & BARBARA L LYNSKEY REV TRS $500.00 108 MAIN ST S 28.030.20.41.0005 LDL COMPANY $500.00 124 MAIN ST S 28.030.20.41.0006 GARTNER PROP LLC $500.00 132 MAIN ST S 28.030.20.41.0007 O'BRIEN THOMOND RJR $500.00 224 CHESTNUT ST E 28.030.20.41.0008 BRITANNIA HOLDINGS INC $500.00 101 MAIN ST S 28.030.20.41.0010 ST JOHN'S HOME CORP $500.00 113 MAIN ST S 28.030.20.41.0011 NORDIC LUV LLC $500.00 125 MAIN ST S 28.030.20.41.0014 BUETTNER REAL ESTATE LLC $500.00 131 MAIN ST S 28.030.20.41.0015 BUNKHOUSE DESIGN LLC $500.00 308 CHESTNUT ST E 28.030.20.41.0019 HAPPY BRIDGE LLC $500.00 209 MAIN ST S 28.030.20.41.0027 JFS STILLWATER LLC $500.00 305 WATER ST S 28.030.20.41.0028 SOUTH UPTON PROPERTIES $500.00 215 MAIN ST S 28.030.20.41.0029 WHITE BEAR VENTURES LLC $500.00 223 MAIN ST S 28.030.20.41.0030 219 SOUTH MAIN STREET LLC $500.00 219 MAIN ST S 28.030.20.41.0031 227 MAIN ST S PROPERTIES LLC $500.00 227 MAIN ST S 28.030.20.41.0035 243 MAIN ST S PROPERTIES LLC $500.00 243 MAIN ST S 28.030.20.41.0036 KRANZJULIE E $500.00 301 MAIN STS 28.030.20.41.0037 J GROUP LLC $500.00 317 MAIN ST S 28.030.20.41.0038 EXCEL INVESTMENTS LLC $500.00 321 MAIN ST S 28.030.20.41.0039 DCK ENTERPRISES WI LLC $500.00 401 MAIN ST S 28.030.20.41.0040 NEW STILLWATER PROJECT LTD $500.00 423 MAIN ST S 28.030.20.41.0041 STILLWATER ELEVATOR CO LLC $500.00 413 NELSON ST 28.030.20.41.0044 DOCK CAFE CORP $500.00 425 NELSON ST 28.030.20.41.0047 HAFNER MICHAEL A & JEAN M $500.00 221 CHESTNUT ST E 28.030.20.41.0048 200 MAIN STREET LLC $500.00 202 MAIN ST S 28.030.20.41.0049 ST CROIX INVESTORS LLC $500.00 210 MAIN ST S 28.030.20.41.0050 MICHAEL J LYNSKEY SR & BARBARA L LYNSKEY REV TRS $500.00 214 MAIN ST S 28.030.20.41.0051 224 MAIN STREET LLC $500.00 224 MAIN ST S Stillwater Special Service District 28.030.20.41.0052 BRITANNIA HOLDINGS INC $500.00 226 MAIN ST S 28.030.20.41.0053 HAPPY BRIDGE LLC $500.00 232 MAIN ST S 28.030.20.41.0054 PROPP RANDALL & RANDY L NELSON $500.00 236 MAIN ST S 28.030.20.41.0057 ACTO Holdings $500.00 302 MAIN ST S 28.030.20.41.0058 308 SOUTH MAIN LLC $500.00 308 MAIN ST S 28.030.20.41.0060 KAUFENBERG JUSTIN & JILL $500.00 310 MAIN ST S 28.030.20.41.0061 ST CROIX ENTERPRISES LLC $500.00 312 MAIN ST S 28.030.20.41.0069 301 GRAND LLC $500.00 3012ND ST S 28.030.20.41.0070 JULIANN B MCGUIRE TRS $500.00 233 2ND ST S 28.030.20.41.0080 FIRSTAR BANK OF MN NA C/O RYAN PTS DEPT 908 $500.00 213 CHESTNUT ST E 28.030.20.41.0087 QWEST & TAX DEPT 25TH FLOOR $500.00 302 2ND ST S 28.030.20.41.0088 SMITH STEPHANIE A $500.00 118 MAIN ST N 28.030.20.41.0091 O'CONNOR LARRY S & KRISTINE M $500.00 212 COMMERCIAL ST 28.030.20.41.0093 STEVEN CLARK GNAN LIVING TRS $500.00 220 COMMERCIAL ST 28.030.20.41.0094 FREDERICK REAL ESTATE GROUP LLC $500.00 123 2ND ST N 28.030.20.41.0095 SOUND PROP LLC $500.00 102 MAIN ST N 28.030.20.41.0096 LIBAN PROPERTIES INC $500.00 103 MAIN ST N 28.030.20.41.0099 MICHAEL J LYNSKEY SR & BARBARA L LYNSKEY REV TRS $500.00 222 COMMERCIAL ST 28.030.20.41.0104 NORTH FOREST LLC $500.00 226 MYRTLE ST E 28.030.20.41.0105 LEON PROPERTIES UNO LLC $500.00 112 MAIN ST N 28.030.20.41.0106 CROIX VIEW PARTNERS LLC $500.00 114 MAIN ST N 28.030.20.41.0107 FRANCIS-HARVEY KATHERINE B & FREDERICK L HARVEY $500.00 120 MAIN ST N 28.030.20.41.0108 JAMES E MELTON FAMILY SHARE TRS & JOYCE A MELTON $500.00 124 MAIN ST N 28.030.20.41.0109 M&E MCKAY LLC $500.00 126 MAIN ST N 28.030.20.41.0110 STILLWATER REAL ESTATE PARTNERS LLC $500.00 124 2ND ST S 28.030.20.41.0111 SE-TAC PROPERTIES -COMMERCIAL LLC $500.00 126 2ND ST S 28.030.20.41.0116 ST CROIX PRESERVATION CO INC $500.00 101 WATER ST S 28.030.20.41.0121 204 N MAIN ST LLC $500.00 204 MAIN ST N 28.030.20.41.0122 MIDNIGHT REAL ESTATE LLC $500.00 201 2ND ST N 28.030.20.41.0124 BUETTNER REAL ESTATE LLC $500.00 127 MAIN ST S 28.030.20.41.0126 GARTNER PROP LLC $500.00 220 MYRTLE ST E 28.030.20.41.0148 GARTNER PROPERTIES LLC $500.00 201 MAIN ST S 28.030.20.41.0157 HAF REAL ESTATE & DEVELOPMENT LLC $500.00 233 MAIN ST S 28.030.20.41.0159 ELEVAGE HOTEL GROUP LLC $500.00 402 MAIN ST S 28.030.20.41.0160 229 MAIN ST S PROPERTIES LLC $500.00 229 MAIN ST S 28.030.20.41.0161 229 MAIN ST S PROPERTIES LLC $500.00 231 MAIN ST S 28.030.20.41.0166 GRAND GARAGE HOLDINGS LLC $500.00 324 MAIN ST S 28.030.20.41.0167 ELEVAGE HOTEL GROUP II LLC $500.00 324 MAIN ST S UNIT 2 28.030.20.42.0093 NORDIC LUV LLC $500.00 102 2ND ST S 28.030.20.42.0098 SUNSHINE PROPERTIES MN LLC $500.00 116 CHESTNUT ST E 28.030.20.42.0100 ST CROIX LAND CO LLC $500.00 114 CHESTNUT ST E 28.030.20.42.0102 M3&G REAL ESTATE LLC $500.00 106 CHESTNUT ST E 28.030.20.42.0104 ST CROIX ENTERPRISES LLC $500.00 109 MYRTLE ST E 28.030.20.42.0106 SCHMIDT EDWARD J & TIMOTHY G BROWN $500.00 101 3RD ST S 28.030.20.42.0107 CVII HOLDINGS LLC $500.00 107 CHESTNUT ST E 28.030.20.42.0140 TWO7FIVE LLC $500.00 275 3RD ST S 28.030.20.42.0179 102 SECOND LLC $500.00 102 2ND ST N 28.030.20.44.0088 ST CROIX BOAT & PACKET COMPANY $500.00 525 MAIN ST S City of Stillwater Washington County, Minnesota ORDINANCE NO. 1207 AN ORDINANCE ENACTING STILLWATER CITY CODE CHAPTER 56, SECTION 6 — SPECIAL SERVICE DISTRICT The City Council of Stillwater does ordain: SECTION 1 ENACT. Stillwater City Code Section 56-6 is hereby enacted as follows: 56-6 Downtown Special Service District (1) Authority. Pursuant to the authority granted by the legislature in Minnesota Statutes Section 428A.01 to 428A.10, there is hereby established a Downtown Special Service District (otherwise referred to herein as the "district") wherein the city may render or contract for public services to be rendered, of a kind or degree not ordinarily provided throughout the city from general fund revenues. (2) Boundary. Said special service district shall consist of that area depicted as follows: N 3illwater CD -S rt Special Service District Pioneer Park I • Special Service District Parcels - aSt �, oeffl gueet City Hall M Al Lo el ark pWaterbodies got s Green Spaces s S MH'�1e Street O J� a-1 e5 � 1✓ 1✓� � • NT� y-'ti / Bear Park Feet N �r AN n 1 nnn (3) Services to be performed. Services may include, but are not limited to the design, construction, repair, maintenance, and installation of landscaping, decorative materials, informational signs, pedestrian and vehicle safety measures, banners, sidewalk enhancements, lighting, as well as the performance of snow and ice removal, cleaning services, waste removal, security and any capital improvements authorized by Minn. Stat. Ch. 429 that is for or related to the real or personal property owned by the City to enhance, improve and beautify the district. (4) Service charges. The city may impose service charges that are reasonably related to the services to be provided. Only property that is used as a commercial use and located in the district may be subject to the charges imposed by the city. Charges for service shall be as nearly as possible proportionate to the cost of furnishing the service and may be fixed on the basis of the service directly rendered, or by reference to a reasonable classification of the types of premises to which service is furnished, or on any other equitable basis. The service charges established by the city council and collected pursuant to Minn. Stat. Ch. 428A. (5) Management board. A management board to be known as the Downtown Special Service District Management Board shall be appointed by the city council within one year after the District is established. The management board shall advise the city council in connection with the design, construction, maintenance and operation of improvements and the furnishing of special services in the district. The management board shall make recommendations to the city council on the requests of owners, occupants and users of property within that district and members of the public. The management board shall review and comment upon any proposal by the city council to provide services or to impose special service charges in the district before the adoption of such proposal. (6) Expiration of district. The district shall expire twenty-five (25) years after the effective date of this ordinance, unless it is renewed by ordinance. SECTION 2 AMEND. The Stillwater Fee Table shall be amended as follows: V. FINANCE FEES Fee Downtown Special Service District $500 per commercial building SECTION 3 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 establishes a Downtown Special Services District to allow the ability to impose a service charge on commercial buildings in the district so that the city can provide enhanced services to the district. SECTION 4 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. 2 Adopted by the City Council of the City of Stillwater this 8th day of November, 2023. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor �3 City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION AUTHORIZING THE IMPOSITION OF A SERVICE CHARGE TO THE STILLWATER SPECIAL SERVICE DISTRICT WHEREAS, the city of Stillwater received petitions creating a Special Service District, and WHEREAS, the number of petitions received exceeded the required number of petitions to hold a Public Hearing to create the Special Service District, and WHEREAS, the City of Stillwater conducted a Public Hearing on November 8t" and adopted an ordinance creating the Special Service District, and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the following: 1. The City of Stillwater authorizes the fees of $500 per commercial building in the Special Service District, and 2. The City of Stillwater shall certify those charges to Washington County for certification effective 2024. Adopted by the City Council this 8th day of November, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk From: marcelle lillyblad <trem1992@sbcglobal.net> Sent: Tuesday, October 31, 2023 12:47 PM To: Stillwater <stillwater@ci.stillwater.mn.us> Subject: Special Service District letter [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. We strongly oppose the establishment of a special service district. Stillwater is already on the verge of being too expensive for middle-class people to enjoy. You also just started charging visitors for parking —where is that money going? Our property taxes are already extremely high, and we believe that tax revenue should easily be enough to cover the services outlined in the "special service district" proposal. We believe trash removal, snow removal, and lighting should be a top priority and that our money should be spent on these services before using it for other things (christmas lights, fireworks, etc). We should be looking for ways to save businesses money because, at the end of the day, this will all fall back on our customers. They are the reason we all have jobs, and we need to appreciate them. It's also not fair to have this expense fall entirely on businesses. The services you've proposed will benefit residents just as much —they should absolutely be paying for this. On top of that, a $500 flat fee does not make sense —shouldn't it scale with the size of the business? This fee will hit the smaller businesses much harder than it will hit the larger ones. We hope you understand our stance on this. We really want to see Stillwater remain affordable for families and maintain its reputation as a family -friendly, historic downtown. We appreciate all that you do and hope we can find a compromise that keeps main street beautiful without increasing prices too much for our customers. Thank you, Marcy Tremblay Owner Tremblay's Sweet Shop From: chris siedow <csiedowl@gmail.com> Sent: Monday, October 30, 2023 5:40 PM To: Stillwater <stillwater@ci.stillwater.mn.us> Subject: City counsel- Ordinance est special service distric [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, we received a VERY short notice for the special hearing to establish a special district in downtown Stillwater. I propose that this item gets pushed into the December meeting to allow more time to review. The listed items that the money would be used for appear to be items that our taxes should cover. Please get back to me as soon as possible. Regards Chris Siedow V ,. -, T H E B I R T H P L A C E O F M I N N E S 0 T A DATE: November 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Planning Manager SUBJECT: Drive -Through Inquiry Update BACKGROUND During the Open Forum portion of their October 17, 2023 regular meeting, the City Council was presented with a request to allow drive-throughs in the Neighborhood Commercial (NC) district. The specific request was to permit the operation of a drive -through at "Art's Coffee" located at 920 Olive Street West. The request was made by the Owner of Art's Coffee/Nelson's Ice Cream, who noted the current on -site operation consists of patrons parking on site and walking up to the service window of Art's Coffee. Staff noted that prior to any formal approval of the request, an amendment to City Code would be required. Currently, the City Code does not permit drive-throughs in the NC District. The City Council directed staff to coordinate with the Planning Commission to discuss Planning considerations surrounding the request and return to City Council with a formal report. PLANNING COMMISSION DISUCSSION City Staff held a discussion with the Planning Commission at their September 27, 2023 meeting. Staff presented to the Planning Commission that Art's Coffee was inquiring about the possibility of a drive -through at their property. Staff noted that drive-throughs are currently not permitted in the NC District, and to allow operation at this specific site would require an amendment to the City Code permitting drive-throughs throughout the NC District, not only this property. Staff informed the Planning Commission that this inquiry was likely coming before them now due to in part of enforcement action related to the location operating a drive -through without formal approval. The Owner had since halted the drive -through related activity and is now seeking options for formal approval. The purpose of this discussion was to garner feedback from the Planning Commission regarding the appropriateness of drive-throughs in the NC District. Staff would like to note, the Planning Commission was not reacting to a specific application, project, or Report. Ultimately, the Planning Commission concluded that they would be disinclined to entertain a Zoning Text Amendment to allow drive-throughs in the NC District. The primary reasons noted were traffic concerns both on site and pressures to local streets and that drive- throughs would likely be an incompatible neighboring use with the residential properties. Further, it was noted that while this property currently exemplifies many of the key attributes for businesses within the NC District, it already experiences traffic and pedestrian safety concerns. The Planning Commission also noted that their understanding of the NC District was to serve as a commercial node within the residential areas and that such nodes remain walkable and not automobile centric. Allowing a drive - through in this district would be permitting a land use impact greater than intended for this district and incompatible with the generally smaller lot sizes of these commercial properties. Thus, the impact of this type of use would be difficult to confine solely to the property. DIRECTION REQUESTED • Does the City desire to begin the Zoning Text Amendment process to all drive- throughs in the Neighborhood Commercial district? r � 1 1 A -7� �it- •_ /ter : � `1p' s �• • • i PV -ModlP L, 4gw S ` ! IL Aw AW es 1��' �� R' cam•: � '� � ;� ^'. 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Z O ... ........ .....: 6 1' hAZEL ST" L 94 95' z LKINS ST WILKINS STE - 1Ni w Ns Iln1 ellu w IKu sick Lake , o. 1ilRlul Rn1i RRn fin . - VvaE\Sje LAUREL IT 1 • . 3� 41Pkill � �1 ■* iiiii �� -' '� Y� 4 = lip rLMYRTLE SY. a OLIVE ST W '' • v� '\ 1�I11 �- — ♦ � 9 2 Ium c PINE ST W c�ll�l�l�►e - enntw t mm If F! t Re �' 11h1 Labe yy� CHURCHILL ST W .E 'CHURCHILL ST E Avon m � '23' y■j� ■ ■ ^ A�LfAN �SyE.6; 1 ater T H E B I R T H P L A C E O F M I N N E S O T A DATE: November 8, 2023 TO: Honorable Mayor and City Council FROM: Ben Gutknecht, Planning Manager Tim Gladhill, Community Development Director SUBJECT: CD 2023-04 — Zoning Map Amendment, Preliminary Plat and Final Plat: Sundance Stillwater (12100 Block of 801" St N at Intersection with Manning Avenue) BACKGROUND The City has received an Application from Timberland Partners for a Zoning Map Amendment, Preliminary Plat, and Final Plat to facilitate the development of a 179-unit townhome development at the southeast intersection of Manning Avenue and 80t" St N (also connects to Boutwell Road N). The City Council has reviewed an earlier concept of this plan in the spring and summer of 2023. Council noted concern with the original concept as it did not conform to all requirements in an existing available medium density zoning district nor did it meet required building setbacks to public roadways. The Applicant has submitted an updated proposal that appears to be consistent with an existing medium density zoning district, indicates compliance with required setback requirements, has increased the net developable area by 5.31 acres with inclusion of an additional lot, increased the number of physical buildings from 14 to 17, but has decreased overall density from 10.82 units per acre to 7.95 units per acre. Staff would like to note a couple items for Council's consideration. First, at tonight's meeting the City Council will only be acting on the Zoning Map Amendment request. City Staff will outline the proposed plat and development to ensure there is comprehensive understanding of the request. However, the Preliminary and Final Plat action will be taken at the same time as the Zoning Map Amendment's Second Reading. Second, as a Zoning Amendment, the City has a high degree of discretion; in other words, the City is not obligated to approve the Zoning Amendment. Potential implications of not approving the Zoning Amendment are outlined in latter sections of this report. The Planning Commission held a public hearing and recommend approval of the Zoning Map Amendment on October 25t", 2023. The Planning Commission also held a public hearing and adopted a resolution of approval for the Preliminary and Final Plat on October 25t", 2023. Staff would like to note that the Planning Commission's approval was for the updated Preliminary Plat, showing two site access points on Boutwell Road/80t" Street. Comprehensive Plan (future vision) The 2040 Comprehensive Plan guided these parcels as Medium Density Residential. This designation provides for a density of 6 to 14.5 units per acre. Typical uses include townhomes and small-scale apartment buildings. This designation is also used in areas of western Stillwater along Manning Avenue and for sites adjacent to existing medium density housing to provide sites for new townhomes (or housing types of similar styles and densities) as well as areas for affordable housing. From a high-level perspective, this proposed development helps advance these goals of this land use designation. While the Comprehensive Plan guides the City to rezone this property to a medium density residential district, it doesn't mean that the City has to choose this particular medium density district nor approve at this exact moment in response to a development proposal. The City Council previously had an opportunity to discuss previous iterations of this proposal. At that time, there was discussion about broader small area planning to look at the interface of multiple potential development sites in this node. Ultimately, interconnectivity between other development sites in this node is precluded by significant wetland complexes in this area. Zoning (regulatory framework) Since the Comprehensive Plan clearly guides this area in anticipation of this style of development if the City denies the Zoning Amendment, the Council would need to amend the Comprehensive Plan and decide what type of development it envisions for this property. Project Review Comprehensive Plan Considerations The Comprehensive Plan guides the property as medium density residential and allows a density range between 6 to 14.5 units/acre. The proposed project has a net density of 7.95 units/acre. Zoning Considerations P1 The site is currently located in the AP: Agricultural Preserve District. The Applicant is proposing a Zoning Map Amendment to CTHR: Cove Townhouse Residential District. This is appropriate in this application and is consistent with the 2040 Comprehensive Plan. This is the same district used directly adjacent to this site on the north side of 801" Street N/Boutwell Road West. There will be one property owner/developer for the entire project, with rental units. In other local examples with this Developer (i.e. Sundance Woodbury), there is only one parcel/lot for the entire site, not one parcel per building. The reason there are two lots proposed for Sundance Stillwater is that the City of Stillwater requires public streets and does not permit private streets in this setting therefore the development is proposed to be platted with two lots that are split by the proposed public street. Dimensional Standards Review Required Proposed Lot Area per Unit 3,000 square feet Block 1 Lot 1 — 143 units Block 1 Lot 2 — 36 units Building Height 2.5 stories, not to exceed Club House: 22'-0" 35 feet 8 Unit building: 25'-6" 11 Unit building: 25'-6" 12 Unit building: 25'-6" Setbacks Boutwell Avenue 70 feet 73 feet Manning Avenue 100 feet 102 feet Other Public Streets 30 feet 30 feet Building Separation 40 feet 35 feet (between maintenance building and 8- unit building) Garages must front on private alleys. Only end units may front on public streets. Elevation views should include patios and porches. Performance Standards The proposed development includes 17 apartment buildings (total of 179 units), a clubhouse, and maintenance building. All of the proposed residential buildings comply with the minimum massing standards outlined in Section 31-311 of the City Code. However, Staff would like to note that there appears to be a 35-foot setback between the maintenance building and an 8-unit residential building when 40 feet is required. Staff recommends that the site map be updated to reflect a compliant distance of 40 feet. The proposed parking complies with standards outlined for multi -family units/apartments, with 2.3 stalls per unit with one covered and 60 guest stalls. The applicant has provided a Tree Preservation Plan: the plan indicates that there will be a proposed removal of 349 trees over the allowed 35% threshold. The applicant has provided a Tree Replacement plan as required by Section 31-520 Subd.4. It appears the proposal is consistent with wetland buffer standards for a "Manage 2" classified wetland, per the City's Local Surface Water Management Plan. The Management Plan which requires 50-foot buffer which has been met. Staff recommends that as a conditional of approval, the applicant shall submit plans to the Brown's Creek Watershed District for review. Lastly, in the packet is a Traffic Impact Study. Generally, it appears that while there is an overall increase in traffic, the adjacent intersections continue to operate at acceptable levels of service. As mentioned above, tonight is a First Reading of the Zoning Map Amendment. If approved, it will come before you as a public hearing and final reading on December 19, 2023. At that meeting, we will also bring forward the Preliminary and Final Plat and a Development Agreement. RECOMMENDATION Based on guidance of the Comprehensive Plan, Staff finds it appropriate to approve the request as presented, with conditions of approval as outlined in this report and resolution. ALTERNATIVES A. Approve as presented B. Continue the hearing and direct modifications and/or request additional information C. Deny the amendment with findings for denial ACTION Motion #1 — Zonina MaD Amendment Motion to approve/deny the first reading of the Zoning Map Amendment City of Stillwater Washington County, Minnesota AN ORDINANCE AMENDING CHAPTER 31, ARTICLE 3 SECTION 31-311 OF THE CITY CODE OF THE CITY OF STILLWATER REGARDING COVE TOWNHOUSE RESIDENTIAL ZONING CASE NO. 2023-04 The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. The zoning of the following property, depicted on Exhibit A, attached hereto, is hereby rezoned from Agricultural Preserve to be rezoned as Cove Townhouse Residential: Property located at 12125 80t" Street North (PID#), 12211 80t" Street North (PID# 3003020220006), 12121 80t" Street North (PID# 3003020220005), 12055 80t" Street North (PID# 3003020220010), and 7865 Manning Avenue North (PID# 3003020220003) SECTION 2 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this —day of 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A 111water Zoning Amendment - Proposed Zoning November 2023 3770 3gp1 M 9 6P^c 3g4� r o CDCO °3 M m 12125 Ln { I I N L O � 7865 d Exhibit Area AP: Agricultural Preservation CCR: Cove Cottage Residential 7837 CTHR: Cove Townhouse Residential - PROS: Park, Recreation, or Open Space PWF: Public Works Facility Feet 89 RR: Rural Residential 0 260 9 City of Stillwater Washington County, Minnesota RESOLUTION 2023-26 RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT FOR SUNDANCE STILLWATER WHEREAS, the City of Stillwater received a Preliminary Plat and Final Plat application from Timberland Partners ("Applicant") for Properties owned by Micheal Dekker, Kelsey and Logan Martin, Joseph and Lorre Neitz, Rhonda Rivard, and Chris Wells ("Owners"), located at following properties; • 12055 80th Street North 12125 80th Street North • 7865 Manning Avenue • 12211 80th Street North • 12121 80th Street North legally described as in Exhibit A (the "Properties"); and WHEREAS, the Planning Commission reviewed the request on October 25, 2023. NOW THEREFORE BE IT RESOLVED that the City of Stillwater Planning Commission hereby approves the preliminary and final plat of Sundance Stillwater, with the following Conditions of Approval: 1. Review and Approval by the City Engineer 2. Review and Approval by the Browns Creek Watershed District 3. Review and Approval by Washington County Public Works Adopted by the Planning Commission this 25th day of October, 2023. CITY OF STILLWATER John Dybvig, Planning Commission Chair ATTEST: Tim Gladhill, Community Development Director EXHIBIT A Legal Description of the Applicant's Property Situs Address: 12055 80t" Street North Parcel ID: 30-030-20-22-0010 Abstract Property Type That part of the Northwest Quarter of the Northwest Quarter (NW 14 of NW 1/4), of Section Thirty (30), and also that part of the Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4) of Section Nineteen (19), all in Township Thirty (30) North, of Range Twenty (20) West, Washington County, Minnesota, described as follows: Beginning at the Northwest corner of said Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4) of Section Thirty (30); thence south 00°48'03" East, assumed bearing, along the west line of said Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 14) of Section Thirty (30), a distance of Five Hundred Twenty-eight (528.0) feet (Thirty-two (32) rods); thence South 89°59'53" East, parallel with the north line of said Northwest Quarter of the Northwest Quarter (NW 14 of NW 14) of Section Thirty (30), a distance of Four Hundred Twenty-five (425.00) feet; thence North 01010'59" West, parallel with the east line of said Northwest Quarter of the Northwest Quarter (NW 14 of NW 14) of Section Thirty (30), a distance of Seven Hundred Forty-two and Five Hundredths (742.05) feet to the centerline of Boutwell Road North, (also known as Old County Highway No. 12); thence North 89013'03" West, along the centerline of Boutwell Road North (also known as Old County Highway No. 12), a distance of Four Hundred Twenty and Forty-four Hundredths (420.44) feet to the west line of said Southwest Quarter of the Southwest Quarter (SW 14 of SW 14) of Section Nineteen (19); thence South 00°52'23" East, along the west line of said Southwest Quarter of the Southwest Quarter (SW 14 of SW 14) of Section Nineteen (19), a distance of Two Hundred Nineteen and Seventy Hundredths (219.70) feet to the point of beginning. This tract contains 7.22 acres more or less and is subject to the right-of-way of Boutwell Road North, (also known as Old Highway No. 12), and is also subject to the right-of-way of Manning Ave. North, (also known as County Road No. 15.). According to the United States Government Survey thereof Situs Address: 12125 80t" Street North Parcel ID: 19-030-20-34-0002 Abstract Property Type All that part of the Southwest Quarter (SW 1/4) of Section Nineteen (19) and part of the Northwest Quarter (NW 1/4) of Section Thirty (30) all in Township Thirty (30) North, of Range Twenty (20) West, described as follows: Commencing at the Southwest corner of Section Nineteen (19), Township Thirty (30) North, of Range Twenty (20) West; thence East along the South line of said Section Nineteen (19) for a distance of one thousand twenty-seven (1027) feet, more or less, to the Southwest corner of the Southeast Quarter of Southwest Quarter (SE 1/4 of SW 1/4) of Section Nineteen (19), this point being the point of beginning of this description; thence North along the West line of said Southeast Quarter of Southwest Quarter (SE 1/4 of SW 1/4) of Section Nineteen (19) for a distance of two hundred thirty-one and five tenths (231.5) feet to the center line of County Highway (known as Stillwater and Wildwood Road); thence East along said center line of County Highway for a distance of five hundred fifty-eight and forty-six hundredths (558.46) feet; thence South along a line parallel with West line of the East half of Northwest quarter of Section 30, for a distance of three hundred ninety (390) feet; thence West and parallel to said center line of County Highway for a distance of five hundred fifty- eight and forty-six hundredths (558.46) feet to the West line of the East half of the Northwest Quarter (E 1/2 of NW 1/4) of Section Thirty (30), Township Thirty (30) North, of Range Twenty (20) West; thence North along said West line for a distance of one hundred fifty-eight and five tenths (158.5) feet to the point of beginning, Washington County, Minnesota Situs Address: 7865 Manning Avenue North Parcel ID: 30-030-20-22-0003 Abstract Property Type All that part of the Northwest Quarter of the Northwest Quarter of Section 30, Township 30, Range 20, Washington County, Minnesota, lying South of a line running due East from a point 32 rods South from the Northwest corner of said Section and except the South 440 feet of said Northwest Quarter of Northwest Quarter. Subject to County State Aid Highway No. 15 and a driveway easement over, under and across the South 10 feet of the West 116 feet thereof. Situs Address: 12211 80t" Street North Parcel ID: 30-030-20-22-0006 Abstract Property Type That part of the Northwest 1/4 of the Northwest 1/4 of Section 30, and also that part of the Southwest 1/4 of the Southwest 1/4 of Section 19, all in Township 30 North, of Range 20 West, Washington County, Minnesota, described as follows: Commencing at the Northwest comer of said Northwest !4 of the Northwest 1/4 of Section 30; thence South 00 degrees 48' 03" East, assumed bearing, along the West line of said Northwest 1/4 of the Northwest 1/4 of Section 30, a distance of 528.00 feet, (32 rods); thence South 89 degrees 59' 53" East, parallel with the North line of said Northwest 1/4 of the Northwest 1/4 of Section 30, a distance of 733.16 feet to the point of beginning of the land to be described; thence North 01 degrees 10' 59" West, parallel with the East line of said Northwest 1/4 of the Northwest !4 of Section 30, a distance of 737.85 feet to the centerline of Boutwell Road North (also known as Old County Highway No. 12) and said point is 312.56 feet Westerly of the East line of said Southwest 1/4 of the Southwest 1/4 of Section 19 as measured along the centerline of Boutwell Road North (also known as Old County Highway No. 12); thence South 89 degrees 13' 03" East, along the centerline of Boutwell Road North, (also known as Old County Highway No. 12), a distance of 312.56 feet to the East line of said Southwest 'Z of the Southwest 1/4 of Section 19; thence South 00 degrees 25' 32" East, along the East line of said Southwest 1/4 of Southwest 1/4 of section 19, a distance of 205.50 feet to the Southeast comer of said Southwest 1/4 of Southwest 1/4 of Section 19; thence South 01 degrees 10' 59" East, along the East line of said Northwest 1/4 of Northwest 1/4 of Section 3 30, a distance of 528.06 feet to its intersection with a line that is parallel with the North line of said Northwest 1/4 of Northwest 1/4 of Section 30, and bears South 89 degrees 59' 53" East, from the point of beginning; thence North 89 degrees 59' 53" West, parallel with the North line of said Northwest 1/4 of Northwest !4 of Section 30, a distance of 309.72 feet to the point of beginning. According to the United States Government Survey thereof Situs Address: 12121 80t" Street North Parcel ID: 30-030-20-22-0005 Abstract Property Type That part of the Northwest Quarter of the -Northwest Quarter (NW of NW ) of Section Thirty (30), and also that part of the Southwest Quarter of the Southwest Quarter (SW of SW ) of Section Nineteen (19), ail in Township Thirty (30) North, of Range Twenty (20) West, Washington County , Minnesota, described as follows: Commencing at the northwest corner of said Northwest Quarter of the Northwest Quarter (NW [/4 of NW 1/4) of Section Thirty (30); thence South 00°48'03" East, assumed bearing, along the west line of said Northwest Quarter of the Northwest Quarter (NW 1/4; of NW 1/4), Section Thirty (30), a distance of Five Hundred Twenty-eight (528.00) feet [Thirty-two (32) rods]: thence South 89°59'53"East. parallel with the north line of said Northwest Quarter of North- west Quarter (NW 1/4 of NW 'A)of Section Thirty (30), a distance of Four Hundred Twenty-five (425.0) feet to the point of beginning of the land to be described; thence North CTT(T 59" West, parallel with the east line of said Northwest Quarter of the Northwest Quarter (NW W of NW 1/4) of Section Thirty (30), a distance of Seven Hundred Forty-two and Five Hundredths (742.05) feet to the centerline of Boutwell Road North (also known as Old County Highway No.12): thence South 89°13'03" East., along the centerline of Boutwell Road North (also known as Old County Highway No.12), a distance of Three Hundred Eight and Twenty-seven Hundredths (30 8.27) feet to a point which is three Hundred Twelve and Fifty-six Hundredths (312.56) feet westerly of the cast line of said Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4) of Section Nineteen (19) as measured along the centerline of Boutwell Road North (also known as Old County Highway No. 12); thence South ONTO' 59" East, parallel with the East line of said Northwest Quarter of Northwest Quarter (NW 1/4 of NW N) of Section Thirty (30), a distance of Seven Hundred Thirty seven and Eighty-five Hundredths (737,85) feet io its intersection with a line that is parallel with the north line of said Northwest Quarter of the Northwest Quarter (NW W of NW VQof Section Thirty (30) and bears South 89°59!53" East from the point of beginning; thence North 89059' 53" West, parallel with the north line of said Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 9<<) of Section Thirty (30). A distance of Three Hundred Eight and Sixteen Hundredths (308.16) feet to the point of beginning. This tract contains 5.23 acres and is subject to the right-of-way of Boutwell Road North (also known as Old County Highway No. 12). According to the United States Government Survey thereof 11 __ . (wa t e r 1 H E B I R T H P L A C E O F M I N N E S 0 1 R DATE: October 25, 2023 TO: Honorable Chair and Planning Commissioners FROM: Shawn Sanders, Public Works Director/City Engineer SUBJECT: Case No. 2023-04: Sundance Stillwater Concept Review Comments, Plan Set Review dated September 27, 2023. 1. Trunk sewer and water fees and AUAR fees shall be required based on the net developable acres of 22.5 acres. 2. Park and Trail dedication fee shall be required per city code for multi- unit development. 3. Street widths are shown to be 26' feet. Past experience has shown that this does not work. An example is Stillwater Crossing were on street parking is used routinely by the residents an access difficult in the winter time with a narrow roadway. If 26' street widths are approved, no parking shall be required on both sides of the street. An option consider is to eliminate sidewalk one side. this would add six additional feet of pavement for parking. 4. Street lights shall be provided for the development at intersections, dead ends and at appropriate spacing approved by the City Engineer. Provide trail or sidewalk connection to Manning Avenue. 5. Add east entrance to development 150' feet from west entrance of public Works. 6. Cul-de-sac Diameter shall be approved by the Fire Chief. 7. Sidewalks shall be either in the platted right -of way or dedicated easement. 8. All public storm sewer lines shall be platted easements. 9. Dedicate utility easement for the Sanitary sewer and water main and the northeast corner of the site. 10. Eliminate west water main connection on Boutwell Road and Connect to water main In Manning Avenue right -of- way. 11.All watermain shall be Ductile Iron Pipe. 12. Provide documentation that supports 2" domestic supply or change to 4" service. 13.All upstream catch basins from stormwater ponds shall have a minimum 4-foot sump depth. 14. Wells and septic systems shall be capped or abandoned and documented with the City. 15. Snow clearing of the parking bays along the street and by the clubhouse shall be the responsibility of the property. 16.All Stormwater design be reviewed and permitted by Browns Creek Watershed District. 17. Civil plans shall be approved by the City Engineer prior to construction. Wa4iington utY October 24, 2023 Tim Gladhill Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Sundance Development Preliminary Plat Dear Tim Gladhill, PUBLIC WORKS Wayne Sandberg, P.E., Director, County Engineer Frank D. Ticknor, P.E., Deputy Director Thank you for the opportunity to review and comment on the Sundance Development Preliminary Plat on CSAH 15 & 80th Street N. We are grateful for Stillwater's partnership on this project. Out development team has reviewed the plans offers the following comments. CSAH 15 A. Access Management - The Washington County 2040 Comprehensive Plan contains access criteria for county roads related to spacing, sight lines, and availability of local road connections. Access permits will be required to construct new street connections or private access points within the county right-of-way. o Intersection Spacing — At this location, CSAH 15 is currently classified as an "A -Minor Expander" roadway. Washington County access spacing guidelines for minor connector roads is 1/4 of a mile. As part of this development the removal of existing driveways along 80th street will be required. o 7837 Manning Ave N — The County recommends connections between adjacent developments to promote interconnectivity between neighborhoods and reduce the number of conflict points on County Highways. As the area continues to grow and traffic increases on CSAH 15 the access for 7837 Manning will inevitably be restricted to a right -in -right -out. As such, the County recommends that the developer/city consider connecting the home to the proposed development, essentially following the current driveway serving 7865 Manning, either as its sole access route or a secondary route to accommodate future closure of direct access to CSAH 15. Right -of -Way Preservation - The Washington County Comprehensive Plan calls for preserving 180 feet of right-of-way for this portion of CSAH 15. The site plans indicate sufficient dedication of right-of-way, however this will need to be checked at the time of platting. General Comments/Considerations A. Traffic Noise - Washington County's policy is to assist local governments in promoting compatibility between land use and highways. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area Classification (NAC), where the establishment of the land use would result in violations of established noise standards. Minnesota Statute 116.07, Subpart 2a exempts County Roads and County State Aid Highways from noise thresholds. County policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures. The developer should assess the noise situation and take any action outside of County right of way deemed necessary to minimize the impact of any highway noise. B. Right -of -Way Permit -A Right -of -Way Permit will be required for any work within the County highway right-of-way as it relates to the development. As the development progresses, a plan set will be required with the application and include any grading, culvert installation, water and sewer services, parallel trail development, signage, and any landscaping and other improvements within the County right of way. C. Utility Connections - All utility connections to County highway right of way for the development require Washington County Right of Way permits. Typically, these utility connection permits are the responsibility of the utility companies. D. Drainage Report - Additionally, the developer or the City will need to submit a drainage report and calculations for review of any downstream impacts to the county drainage system. Along with the drainage calculations, we will request written conclusions that the volume and rate of stormwater run-off into the county right of way will stay the same as part of the project. E. City Right -of -Way Preservation —As the City and County continue to grow in population, the demands on the traffic infrastructure along 80th Street shall increase. As part of this development, the County recommends that the City acquire necessary right-of-way to meet the future needs of 80th Street N. Thank you again for the opportunity to provide comments on the Preliminary Plat for the Sundance Development. We look forward to continuing to work with you and the City of Stillwater to ensure that development in this area is successful and well -served by the transportation network. If you have any questions, please get in touch with me at 651-430-4307 or daniel.elder@co.washington.mn.us Sincerely, Daniel Elder Planner II Cc (email only): Wayne Sandberg, Public Works Director/County Engineer Frank Ticknor, Deputy Director Public Works Lyssa Leitner, Public Works Planning Director Joe Gustafson, Traffic Engineer Kevin Peterson, Design Engineer A great place to live, work and play... today and tomorrow Government Center 1 14949 62nd Street North I P. 0. Box 6 1 Stillwater, MN 55082-0006 P: 651-430-6001 1 F: 651-430-6017 1 TTY: 651-430-6246 www.co.washington.mn.us Washington County is an equal opportunity organization and employer From: Marguerite DeFore <> Sent: Tuesday, October 24, 2023 4:49 PM To: Planning Dept Subject: Consideration of a Preliminary and Final Plat and rezoning to CTHR Cove Townhouse Residential [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission, I am not able to come to Wednesday's meeting, due to a previous commitment. I am a homeowner that lives in the Settlers Glen townhome development, and my south facing unit faces 80th and the consideration of what may come directly across the street from me. Here are my concerns regarding this project. • With a 179-unit Townhouse development, the TRAFFIC increase will be enormous and I'm not sure with 80th being a 2-lane road, it can handle this without a lot of stress to the entire area. • 1 realize there is an emergency entry road; but that is only for emergencies; otherwise, we have one road into the development which I believe will again cause the traffic in and out of Abercrombie (north and south) to be bottlenecked at times throughout the day. • Here in Lodges of Settlers Glen, we turn in off of 80th onto Abercrombie, but have the ability to exit the development through a side street out of our development. The new development will not have this ability. One way in, one way out. • 1 will not be happy if all of these large beautiful trees will need to be taken down. These trees gain their beauty from their years of growth, as well as the other benefits trees give us. • Since these units are high -rental townhomes; has there been any thought give for affordable housing? Thank you for sharing my concerns for this project and making them a part of the official public record. Marguerite DeFore 3888 Abercrombie Ln Stillwater, MN 55082 From: Brian Larson <> Sent: Wednesday, October 25, 2023 12:28:02 PM To: Tim Gladhill <> Subject: RE: Sundance [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Tim 1 see Sundance is in front of Planning Commission tonight? Though 1 have not kept track of its progress (and am unclear if their workshop was ever rescheduled) I'd like my comments below submitted as public comment to the PC: This site is unique with its limitation of a single point of entrance and exit for the proposed 179 units. Since most of the residents, visitors and service people will be moving through the Manning Avenue intersection, the traffic and safety of this intersection of seems especially important, as does emergency vehicle access to the site. It also seems prudent to provide bicycle and pedestrian access to the site in locations separate from the traffic at the vehicular access point. Despite numerous studies showing that walking trails are the most desired amenity for planned communities, no pedestrian perimeter trail amenity is shown around and within the site, nor are connections indicated to existing trails adjacent to the site. One of the site's only opportunities — the wetland to the south- is mostly walled -off from the rest of the site with units and could at least be connected/experienced with a trail loop. The traffic report indicates a sidewalk connection to the north on the east side of Abercrombie which would align with the existing sidewalk across 80t"; the drawings show this walk on the west side, not aligned with the development to the north. There appear to be no direct connections to the north/south trail along Manning to the west. The developer should explain the extent of proposed internal sidewalks and how pedestrians and cyclists can safely access the trails system to the west and north adjacent to the site. Thanks Brian Larson, From: Tim Gladhill <> To: Brian Larson <> Subject: RE:Sundance This message was sent from outside your organization. Please proceed with caution. 411 Iwa ter The Birthplace of Minnesota N WE S Site Location Sundance Stillwater Corner of Manning Ave N and Boutwell Rd N 0 145 290 580 Feet General Site Location ow or q d ul --. . AI\CimdL STILLWATER PLANNING COMMISSION October 25, 2023 ---------- o , nook, TIMBERL ND 'of ,e 4 00 PARTNERS About Timberland Partners • Founded in 1992, we are a private family -owned company based in Bloomington, MN. • Timberland Partners is a real estate investment, management and development firm committed to providing exceptional service to our residents, opportunities to our team members, and long-term relationships with the communities we serve. • Consistent Growth • Today, we employee more than 550 team members, overseeing a portfolio that includes over 20,000 units across 91 properties located in 18 states. • Development at a Glance • 45+ years of combined experience • 5,000+ completed units • 758 units under construction • 1,100 currently in planning • $1.2 billion in total developments • Long Term in Mind • Timberland Partners approaches every opportunity with a long-term mindset. We construct our properties using high quality materials and contractors. They are built to last, as we typically hold our properties for long term. • Property Management • We ONLY manage what we own. No third party management. i lit //� /11 . rih TIMBERL ND PARTNERS Sundance Stillwater — location & Zoning Five Individual Parcels • 12055 80th Street North • 12121 801h Street North • 122.11 80th Street North • 12125 80th Street North • 7865 Manning Avenue • CURRENT ZONING —Agricultural Preserve • FUTURE LAND USE— Medium Density Residential • Request— Rezone to Cove Townhome Residential which is consistent with the Future Land Plan! TIMBERL ND PARTNERS Sundance Stillwater Site Plan 80TH STREET NOFQH TIMBERL ND PARTNERS • 17 buildings + Clubhouse • 179 units • Located on 22.5 Net Developable Acres • Net Density = 7.95 Units/Acre • Preservation of Wetlands Sundance Stillwater — Architectural Design • Two-story buildings • One-, Two-, and Three -Bedroom Units • Buildings consist of 8-14 units • Four-sided architecture with end -loaded garages • Each resident has a direct -access entry (No Common Corridors) • Safety • Privacy • Attached garages TIMBERL ND PARTNERS Sundance Stillwater — Actual Example Sundance Stillwater — Actual Example Sundance Stillwater - Amenities Community Amenities • 5,000+ SF Community Clubhouse • Fitness Center & Yoga Studio • Club room • Coffee Bar • Resort -style Pool • Outdoor Pool & Kitchen • Ample Green Space / Preservation of Wetlands • Dog Park • Pet Spa • Onsite Management, Leasing & Maintenance • Community Manager • Assistant Community Manager • Leasing Specialist • Maintenance Supervisor • Maintenance Tech Unit Features • In -unit washer/dryer • Granite or Quartz countertops • Stainless steel appliances • Hard surface flooring 1 "Ir olR=ME , Sundance Stillwater — Est. Average Rents Bedrooms Apartments Avg. Unit Size Avg. Stabilized Rents One Bedroom 854 SF $1,925 Two Bedroom 1,311 SF $2,800 Three Bedroom 11623 SF $3,500 NOTE: 100% Market Rate Project - ®®® r1l., ��. 1 TIMBERL ND PARTNERS Sundance Stillwater — Renter Profile Renter Profile • Young Professional(s) • Don't want a mortgage • Can't afford a down payment or mortgage in today's environment • Want to establish roots in the community • Downsizing Empty Nester • Don't want a house; but not ready for independent living or an apartment • Still need space and privacy • Want to keep roots in the community • Typically less than 10% of households have children 0 Combined HH Income well into the six figures • Tend to support local businesses and future commercial development 0®� O V"V A - 11 4, - -B )l V9 [A- TIMBERL ND PARTNERS Sundance Stillwater — Helps Further City Housing Goals Meets the Housing Goals of the 2040 Comprehensive Plan • Housing Goal 1: Provide a quality living environment for the residents of Stillwater by maintaining and improving the city's existing housing stock and by planning for a range of new housing opportunities. • Objectives Met 1. Provide for a range of new housing opportunities from large lot single family to multifamily. 2. Ensure that all new housing, including high density, adheres to the highest possible standards of planning, design, and construction. • Housing Goal 2: Provide a balanced choice of housing types and densities suitable to a wide range of demographic groups, with a focus on life cycle housing. • Objectives Met 1. Locate multifamily and attached housing close to community services and public parks 2. Encourage housing for a range of household income and age levels where local services are available • Housing Goal 3: Establish a housing pattern that respects the natural environment while striving to meet local housing needs and the community's share of the metropolitan area housing growth. • Objectives Met 1. Explore development concepts such as higher density infill, mixed -use developments and cluster housing to maintain open space character and provide a mix of housing types. 2. Designate residential densities and housing types sensitive to natural resources and land conditions. 3. Use the planned unit development process for reviewing innovative development concepts and protecting natural resource areas. 4. Encourage innovative subdivision design including clustering techniques to preserve open space or natural features. Excerpt from the City's 2040 Comprehensive Plan: "National trends have indicated a larger shift in preference between renting and ownership. In general, this shift is linked to specific demographics such as the Baby Boomer generation who are downsizing and a younger population choosing to live in smaller units without the burden of a mortgage." Sundance Stillwater— Rezoning Makes Sense • Limited Amount of Available Appropriately Guided Land Available • Provides Needed Attainable Life -Cycle Housing • 100% Market Rate Rental Housing • 100% Privately Funded / No City Assistance Requested • High Quality Product & Finishes • $330,000+ Per Unit • Timing is Right / Willing Sellers • 5 Individual Sellers • Timberland is a Long Term Owner and Manager • Increased Tax Revenue • Willingness to Listen & Accommodate Concerns The Best We Can TIMBERL ND PARTNERS Sundance Stillwater — Community Benefits on ✓ $60 Million Total Development Cost ✓ $330,000+ per Unit Cost ✓ Generating Additional Property Tax Revenue (in addition to household spending within the community) ✓ 275 Construction Jobs ✓ 5 FTE Permanent Onsite Jobs ✓ 100% Privately Funded ✓ Local Long-term Ownership and Management Addition of Needed Life Cycle Housing and Furtherance of City's Housing Goals ` SUNDANCE WILL FULFILL A NEED BY CREATING A NEIGHBORHOOD SETTING IN IN A WAY THAT FOSTERS INTERGENERATIONAL LIVING AND PROVIDES RESIDENTS WITH A SENSE OF PRIDE IN COMMUNITY. i TIMBERL ND PARTNERS SUNDANCE STILLWATER REZONING AMENDMENT AND PRELIMINARY APPLICATION SUBMITTAL NARRATIVE STILLWATER, MINNESOTA September 27, 2023 Timberland Partners proposes to construct 179 townhome-style apartments on approximately 29.28 acres gross, 22.51 acres net (excludes R.O.W dedication and wetlands) located at 12055, 12121, 12211, 12125 801h Street North and 7865 Manning Avenue. Branded as Sundance Stillwater, the project will include 100% market rate rentals, with no public assistance requested from the City of Stillwater. The five (5) parcels that make up the site area are currently zoned Agricultural Preservation (AP). We are requesting the subject property be rezoned to Cove Townhouse Residential (CTHR). The density request is for approximately 7.95 units per net acre which is consistent with the city's Future Land Use Plan which guides all four parcels Medium Density Residential (MDR). The net density per acre is well below the density allowed under MDR zoning, and also below the similarly zoned and existing townhome project located across 80th Street from the subject property. No variances are being requested. Sundance will contain seventeen (17) two-story buildings, each containing 8-12 flats, or dwelling units. The project will be constructed as one cohesive development through connectivity and shared amenities including a 5,000+ square foot clubhouse which will include a full kitchen, community room, game lounge, and fitness center. It will also contain offices for our award -winning on -site management team. Connected to the clubhouse will be a large outdoor pool with an outdoor kitchen, including grilling stations, and a fire pit. Site amenities will also include natural wetland buffers, ample green space, and a dog run and dog spa. Sundance will include a mix of one-, two-, and three -bedroom units. All units will have direct access entries and all will have at least one dedicated attached garage space. There are no common corridors or common entries associated with any of the units allowing our residents increased privacy and sense of safety. The development will be constructed using quality exterior materials including stone, fiber -cement siding and glass. Interior finishes will include granite or quartz countertops, hard -surface flooring, and quality lighting and plumbing fixtures. Sundance Stillwater will be developed, owned, and managed by Timberland Partners. Timberland currently owns and manages over 20,000 apartment homes located in 18 states. We build with the intent of owning long term, rarely selling properties. We intend to be part of the City of Stillwater and the surrounding community for a long time. Timberland does not provide any third -party management services, managing only what we own and focusing on providing a safe, clean, and quality living experience for our residents. Our on -site management team will include a community manager, assistant community manager, leasing agent, maintenance supervisor and maintenance tech. If approved, Timberland hopes to start construction on Sundance Stillwater in Summer 2024. - °U ou OU ou 50 BERCROMBIE LN ou °U ou OU oU oU o 0J nu G G G G G n11 011 9U - rn CD D IN RIM=911.00 0 9H 09 OU 8 CO HWY 12 INV=907.40 \ 80TH REET NO p 96.78 _ j 420.47(420.44 REc.) AS LA - our 16" WM BIT ROADWAY / - G� G /( TRAVELED (FILE NO. ( rC IINV-903.69 Oil- e 67299)G -9 .9 LLI F F OU o U C) 1 I F / BENCHMARK 2 \ I 80TH S E T - / I I / \ l_NORTH S ID F L K �� / \ I 80TH STREET NORTH AS \ 1 OUT AN T 98) / RIM=907.8J 1 \ /C9 / (FILE N 6 98) INV W=902.49 LAID OUT AND TRAVELED 1 O 1 a o NV N=903.64 / (FILE No. s73oo) \ / / p ! 1 O / \ / INV E=902.29 00 O � L � r--FROM MAPS G - __ - i OW w Nw25.8 -/I / /NCN/ - - - - - - -- I I ---- O ° O 07 WC L- N w. O � to W � / / � I - - � row z I h� WOOL o �o BUILDING 12 BUILDING 13 - F ��/� zzsz BUILDING 1 12 UNITS w w _ 12 UNITS 12 UNITS P BUILDING 2 z= w ou I I 8 UNITS - Ou L LINE OF O E _ r I -I- OE TH • F 1 :: i SE 19 WI TNESS '3 I'E -8 MON. TS 1 E /4 ' OF' ow C BUILDING 11 - 11 UNITS ° x o _ S89 101954.4 \ ,-N E o Z S ---- -184- - - - - - - -- -- - 1 a E I NWI/4 SEC. 30 /-- � W 3 e o r I Q • N Tl0 W1R x i OVEN x o - 6' WOOD FE I x--- / 'Q � ' 1 - X / - /00 - FRAME HOUSE - 50 FT 90.4 O w N _ I N CD TNH-91203za. 12055 SOT IN O O o' N = o I =� w 3I I CO zlzl CLUBHOUSE o a} = 2211 _Fz40------- x pl Lo Q �O ' C77 °p ^ } I x POOL r. ED E of vE ATION BUILDING 6 O aci I x WOVEN wlfEN' 12 UNITS ww C0 /_XBUILDING 10 r BUILDING 17 3: 1IIx x x x BUILDING E4 8 UNITS 8 UNITSW 8 UNITS x W x-x x X X W W inf -nli C- Z o W I . Hj U EPT/ IGH E W- I xI• X X X ww� U) 1� X J Z 0 dim DOG x m o HT C) 0 I z U �z x RUN a- W x 2,500 SF x z J / I z x T>: , W �' X x x W / z x >J z I I � \�I ' I I F- F1 F W W I\I \I\I I// `/ F- I♦! \< I I I /< I ♦I I\I F( / I I ''I 'I f W W � / o I G o x� f ,� f _ --60- oe 00 II 0 I �I> ON 8 LOII'z_ x BUILDING 9 BUILDING BUILDING 16 /] % '� ^ o I I 12 UNITS i 8 UNIT 12 UNITS W j wLn z� x Woo W W W W N I wNo x W O T H 9 42 Qoz y (y J I W �! _! \ / W W W W / O O W o =o _ J I� / �> o � WOVEN WIRE FENCE C� Ir/ _ -184 t --- W W W EDGT OF [LINE ED x x x - x Q ---- Q u \ W- -WE LAND PEA B WET LAND AGE OF GR - .0 T N 0 z W z o T FND IRON W LINE PARALLE WITH - - - - - - 1 / / \ 3/4"-/" W W W W W /- HE NORTH NE N I/4 �S 59153"E (RE )] S 9°101 91E' 1 & \\ WWI/98 84 4 SEC ° 2 - S8 0 39 6.79/ �/ W W W \ ' W W W W _ 309.74(309.72 REC.) .- 5. H /- W W W W - PINT 32 W W W W - _ ST MWATERW W W O DS�SOUTH o Oi� pU - - - P 1D �j v E NW COR / -0U W W W W� BUILDING 8 POB RCEL 2 PARCEL 3 W // (0 w SEC 130, T. W W W 12 UNITS W W W W W / r CK 30, I R. 20 4 P W W W � BUILDING 7 I VEGETATION W W W/ / W� N - WETLAND 2 Q I a 3 W wII`` W TREsJkEG 12 UNITS I W W W W, / N CP W 1 W W 'J. co N I W W V ANDSC E / I n� o � cailm 1 o +� I �c I N W W W W W /�. tu'-�'�, /l \ W W W W / / --EDGE OF R/ o- 7 /' VEGDETA7010N \ WI W \ W W W W/ / `� 2� CATTAILS / OU O X I W. W / �W W W'©�� ) E cK roRACE c5 \ O�� W W W W / / EDGE OF DELINEATED / SHED \s /__ -WETLAND INTER EC RAUN N T - 00 \00 i - ---1CO / o W INT-8'9C89 w W W W W W W a�W W W UU\ l� A � �- .- ff/ W W W W W I W W W W I / / // \ / / ✓ W W LO W \ 8�c M 0 F uw W \ / W/ // \ \ W W W W W� P.1AYHOIII SE W W �� � W W W W W W W W W/ \\ .. W W W W W W W W W W W W W W \ Un `n \ / '<-8'-CMP �\ /0. 'K' ANDSC m W W �/ W W W W W W W W W W W I o / / / Nv=893.77 W W W W W W MWATER�=W W W W i WET LAND/ / l �W W / ""� W/ / W W W I \ o t� im Lb OCN Cf) W W / W W W� I \/��, W W W W W \W W W POND W w T}'�Et�/VEGETiiTON•� W W \ w W / / / / l Oo1 G W W /W �G W / 1 \ \ W W W W v. W W v. / .(. W v. v. W / I� \v. / 0 i' W W W /W W j W�\ n \II 'llll I /II F- I Fi F- W W W� IW\v �/�/ i//lYJ/ w W ;``rF--T/�/ / I - \Y. <♦ >I/ rF!. //\ /\ 'lll� / �� �� 8 n A"' L o zn zi n I I W W W W W W W W W .✓ / / ��•/ %(v�OO/ //I W W W W O V// I / / W / W W \ \ I W W W W_WL'DGE OF, WATER W�r / w / / / �Pl�� / W W W W O 1 a '� W / W W W\ \ EDGE OF DELINEATED /l I IW W W W W W W 6-1-20 �1 / WETLAND 1 / '& o. / / W W W W WETLAND PER BRA UN INTER TEc00 O \ ,\ Zl N I / r\ W W W W \ // / 1.° O\e�(t/ O / W NEDGE W W TREES/VEGETATION \ \ / CATTAILS Q I W W W W / / / / EDGE 0E-'� \\ cnrrAlLs Q) O O \ / W W W JNKEOt/WEEDS/GRASS N - \\R/W MARKL7 l W W W W X I - 0.8' W OF R - II CORNER W W W W W W W W W W W Wes- W W W W\ \\ NORTH LINE SOUTH 440 A FEET OF NW 1/4 NW 1/4---\ - SEC �30,. T. .30 R. 20 \ _ L W W W W �8 DRIVEI' AY �EME T % S89018'58"E 1045.25 / 2 PER PQC, 7245 EXCEPTION / / / / / BASE OF / / ANGLE IRON o G \ MP INV C907.97 ..... .. .. ;'-FR°M MAPS 80TH STREET NORTH (PUBLIC) RlK-900.96 - G G G G G - ' 11 I RIM=8a939 p G G G INV:S I RC = R D 12I = 8 6 0R1M-899.36 INV: 15 RCP 895.16 °N 1 ° U 0 INV: W IS RCP=89281 NV�� FRCP-a92�$ �- CPP 0 F cPP Nv=899.56 - - - INV: 24" RCP=896.45 FRO 0 - APS INV=900.49 \ \\ 217.99' �\ 1 FROM MAPS, \ \ I i x Q \ \ \. I 10.72'� D, s --- - I \\RIM=898.47 \\\ a 4 INV: N-876.7 k- \ BUILDING 3 I I w x ' \ 8 UNITS BUILDING 4 12 UNITS /' J � z A / / Q O O j 5 WIRE FENCE Za-F LLJ x mZ� LINE NWI/ 0 T.30 R. O� 1 8' w w - �// O i� I, x M o z WOGU FENCE N Ld < 0 - _ / M W x m 1� / Oo cn < 0 --MFrol FFNCE\ 8 \\\•�I� H 94/ O WQ r ^ Q SPIGOT \ -_ r , BUILDING 5 , f3.5 HT. Z w x \ / 12 UNITS 9.9 MODULAR P ND -aszss BLOCK WALL j1 1J WOOD i - CANOPY � 6' METAL FENCE • • l\A9 ��/I I x \\��RIM=893.67 INV:S IS RCP=890.47 I 17.45' 11 ALLIANT 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com N8803312811 W 558.47 4.2` -----RIM=896.36 INV:N 15 RCP=893.19 \ LLJ RIAM--892Z2- � J J SITE DATA: EXISTING ZONING = AGRICULTURAL PRESERVATION (AP) PROPOSED ZONING = COVE TOWNHOUSE RESIDENTIAL (CTHR) LOT AREAS: GROSS AREA = 80TH STREET NORTH DEDICATION = MANNING AVE. DEDICATION = WETLAND = 29.28 1.17 1.12 4.48 AC AC AC AC NET DEVELOPABLE = 22.51 AC PUBLIC R.O.W (INTERNAL) = 2.95 AC UNIT COUNT: TOTAL UNITS = 179 UNITS NET DENSITY** = 7.95 UNITS/ACRE **EXCLUDES MANNING AVENUE, 80TH ST. N. DEDICATION AND WETLANDS PARKING PROVIDED: GARAGE STALLS: - 12 STALLS PER 12 UNIT BUILDING * 10 = 120 STALLS - 13 STALLS PER 11 UNIT BUILDING * 1 = 13 STALLS - 12 STALLS PER 8 UNIT BUILDING * 6 = 72 STALLS DRIVEWAY STALLS: = 205 STALLS (1 PER GARAGE) ADDITIONAL VISITOR PARKING: = 60 STALLS (REQ'D 1 PER 3 UNITS) PRIMARY STRUCTURE SETBACK: MANNING AVE. N./CSAH 15 = 100' 80TH STREET N. = 70' FRONT YARD: = 30' SIDE YARD: = 5' REAR YARD: = 5' MINIMUM SEPARATION BETWEEN UNITS: = 40' ROAD DIMENSIONS PUBLIC ROAD WIDTH: = 26' (50' R.O.W) MINIMUM DRIVEWAY DEPTH: = 20' (n cc Q ♦ ` a V Z w SITE PLAN NOTES: j J Q 1. REFER TO ARCHITECTURAL DRAWINGS FOR CONCRETE STOOPS ADJACENT TO PROPOSED BUILDING. Q � 'c^^ V♦ 2. CONTINUOUS CONCRETE CURB & GUTTER WHICH CHANGES TYPE SHALL HAVE A MIN. FIVE FOOT (5') TRANSITION ON PRIVATE w Q w ROADS. U U 3. ALL CONCRETE CURB AND GUTTER ADJACENT TO CONCRETE WALK Z Z U BE SEPARATED BY A 1/2 INCH EXPANSION JOINT. Q Q 4. PAVEMENT STRIPING SHALL BE 4 INCH WHITE. 0 N Z 5. ALL WORK WITHIN THE R.O.W. STALL COMPLY WITH CITY OF =cn 1__ M Q LAKEVILLE ENGINEERING DESIGN STANDARDS. CD ch 00 w PUBLIC & PRIVATE 6. ALL STREET SIGNAGE, , SHALL COMPLY WITH THE MN MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. 7. ALL CURB AND GUTTER TO BE CONCRETE B612 OR MOUNTABLE I hereby certify that this specification, or report was plan, TYPE AS NOTED, PER CITY OF LAKEVILLE STANDARDS. prepared by me or under my 8. TYPICAL PRIVATE PARKING STALL = 9'x18' direct supervision and that I am a duly License ��\\\' 9. SHORELAND OVERLAY DISTRICT DEPICTED 25' BEYOND THE EDGE OF DELINEATED WETLANDS OR 100 FROM CENTERLINE OF PROFESSIONAII i� tEE� #�� An ` tQ M,�A UNNAMED TRIBUTARY, WHICHEVER IS GREATER. L Ub _EGEND• %c7 a License No. QUALITY ASSURANCE/CONTROL EXISTING CURB & GUTTER CURB & GUTTER - - RIGHT-OF-WAY LINE BY DATE PROPERTY LINE DATE ISSUE BUILDING SETBACK _--------_ WETLAND BUFFER WETLAND BUFFER STRIP - - - - DELINEATED WETLAND BOUNDARY - - - - - - - - - - ASSUMED WETLAND BOUNDARY WETLAND BUFFER MONUMENT N PROJECT TEAM DATA DESIGNED: MK DRAWN: IDS, JG, JP PROJECT NO: 220-0208 1.0 0 30 60 120 SCALE IN FEET 4I Oku I�jw K'1116-AM11111 1111116qr F _q L -A i �� 40 lop ApWw�4 Gross Square Footage Building Building Total Total Gross Site Count Level 1 Level 2 Gross Area Building Areas 8-Unit Building (8A) 6 81276ft2 7,992ft2 16,268ft2 97,608ft2 11-Unit Building (11A) 1 9,218ft2 8,844ft2 18,062ft2 18,062ft2 12-Unit Building (12A) 10 8,468ft2 8,096ft2 16,564ft2 165,640ft2 Clubhouse 1 5,120ft2 - 5,120ft2 5,120ft2 Maintenance 1 786ft2 - 786ft2 786ft2 x Grand Total 19 287,216ft2 Residential Unit Mix -12-Unit Building (12A) Unit Gross Square Footage Net Rentable Square Footage Rooms Name Count Main Floor Stairs Garage Area Total Unit Area Total Area Main Floor Stairs Garage Net Total Total Net Area Bed Bath Unit Type Not Placed Unit A2 -Garage 1 2 Not Placed 96 ft2 412 ft2 0 ft2 753 ft2 83 ft2 0 ft2 836 ft2 1,672 ft2 1 1 - Level 1 Unit Al -Garage 1 8 797 ft2 0 ft2 381 ft2 1,178 ft2 9,425 ft2 740 ft2 0 ft2 0 ft2 740 ft2 5,920 ft2 1 1 Type B Level 2 Unit A2 -Garage 1 6 808 ft2 96 ft2 412 ft2 1,316 ft2 7,894 ft2 753 ft2 83 ft2 0 ft2 836 ft2 5,016 ft2 1 1 - Unit 132 -Garage 2 8 1,216 ft2 113 ft2 318 ft2 1,647 ft2 13,176 ft2 1,148 ft2 86 ft2 0 ft2 1,234 ft2 9,872 ft2 2 2 - 2 2 Residential Unit Mix - 8-Unit Building (8A) Unit Gross Square Footage Net Rentable Square Footage Rooms Name Count Main Floor Stairs Garage Area Total Unit Area Total Area Main Floor Stairs Garage Net Total Total Net Area Bed Bath Unit Type Level 1 Unit C1 2 1,546 ft2 0 ft2 771 ft2 2,317 ft2 4,634 ft2 1,469 ft2 0 ft2 0 ft2 1,469 ft2 2,938 ft2 3 2 Type B Level 2 Unit B2 -Garage 1 2 1,216 ft2 135 ft2 379 ft2 1,730 ft2 3,460 ft2 1,148 ft2 86 ft2 0 ft2 1,234 ft2 2,468 ft2 2 2 - Unit B2 -Garage 2 2 1,216 ft2 1113 ft2 1318 ft2 11,647 ft2 13,294 ft2 1,148 ft2 186 ft2 10 ft2 11,234 ft2 12,468 ft2 12 2 - Unit C2 4 <varies> 1128 ft2 1748 ft2 2,440 ft2 9,951 ft2 <varies> <varies> 0 ft2 <varies> 6,301 ft2 3 2 - Grand total 10 1 1 1 21,340 ft2 14,175 ft2 Residential Unit Mix- 11-Unit Building w/ Type A (11A) Unit Gross Square Footage Rentable Square Footage Rooms Main Garage Total Unit Main Total Net Unit Name Count Floor Stairs Area Area Total Area Floor Stairs Garage Net Total Area Bed Bath Type Level 1 Unit Al -Garage 1 1 797 ft2 0 ft2 381 ft2 1,178 ft2 1,178 ft2 740 ft2 0 ft2 0 ft2 740 ft2 740 ft2 1 1 Type B Unit B3 1 1,134 ft2 0 ft2 419 ft2 1,553 ft2 1,553 ft2 1,070 ft2 0 ft2 0 ft2 1,070 ft2 1,070 ft2 2 2 Type B Unit B5 - Type A 1 1,098 ft2 0 ft2 723 ft2 1,821 ft2 1,821 ft2 1,035 ft2 0 ft2 0 ft2 1,035 ft2 1,035 ft2 2 2 Type A Level 2 Unit A2 -Garage 1 1 808 ft2 96 ft2 412 ft2 1,316 ft2 1,316 ft2 753 ft2 83 ft2 0 ft2 836 ft2 836 ft2 1 1 - Unit A2 -Stairs 2 1 808 ft2 132 ft2 412 ft2 1,352 ft2 1,352 ft2 753 ft2 83 ft2 0 ft2 836 ft2 836 ft2 1 1 - Unit B2 -Garage 1 1 1,216 ft2 135 ft2 379 ft2 1,730 ft2 1,730 ft2 1,148 ft2 86 ft2 0 ft2 1,234 ft2 1,234 ft2 2 2 - Unit B2 -Garage 2 2 1,216 ft2 113 ft2 318 ft2 1,647 ft2 3,294 ft2 1,148 ft2 86 ft2 0 ft2 1,234 ft2 2,468 ft2 2 2 - Unit B2 -Garage 3 1 1,216 ft2 135 ft2 716 ft2 2,067 ft2 2,067 ft2 1,148 ft2 86 ft2 0 ft2 1,234 ft2 1,234 ft2 2 2 - Unit B4 -Garage 1 1 1,182 ft2 95 ft2 412 ft2 1,689 ft2 1,689 ft2 1,119 ft2 88 ft2 0 ft2 1,207 ft2 1,207 ft2 2 2 - Unit B4 -Garage 2 1 1,182 ft2 132 ft2 748 ft2 2,062 ft2 2,062 ft2 1,119 ft2 88 ft2 0 ft2 1,207 ft2 1,207 ft2 2 2 - Grand total 11 18,062 ft2 11,867 ft2 I` kaas Wilson Sundance zzainwater architects Timberland Partners a Stillwater, MIN _ CV = Lll 0 Maintenance - Back Elevation 3/16" = 1'-0" t. Truss Br 109'-1 7/8" _ Level 100'-0" Maintenance - Side Elevation 1 3/16" = 1'-0" NI Z 0 a 0 LL. 0 0 Of Maintenance - Front Elevation 3/16" = 1'-0" SDj011 6 tLIZ Y S D_30�1 5 a N 3 (SD_301 Level 1 - Maintenance Building Copy 1 U 3/16" = 1'-0" Maintenance -Side Elevation 2 3/16" = 1'-0" ..Truss Br 109'-1-1 7/8" Level 1 100'-0" t. Truss Br 109'-1 7/8" Level 1 100'-0" :. Truss Br 109'-1 7/8" Level 1 100'-0" c Er C, SD -Level 1 - Clubhouse 3/16" = 1'-0" kaas W;,Son7 UTimberland n Partners Buildings - Floor Plans i Ir 10 pip, - '4V OR ri F/5 11 11 ■ II■I■I■I■I■I � ���� I I�I�I�I�I�I� IF !r�I��1111�.�,V �11111'.�.�II■1�,� it 1pip 48011MUM160 4@"Iommalro I . Kaas / ""is°n Timberland Partners Sun 11water Stillwater, MN I _ 0,11 gill MEN MI,—ffli_ � :::::i IIII i1�1�1111111 IIII uunn �::::::� ����I��; 111111111 � I � , � ■ 11111 I� ► i I111111111 III, 11' IIIIIIIL.............. 111111111111111111111111111111� � I I111111111 '••'• '•••• I 11 fff! 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Timberland Partners Sun illwa er Stillwater, MN I ABERCROMBIE LN 80TH STREET NORTH (PUBLIC) �'S2Q�44]OC ccn nn, --A=0°10'25" S88°22'06"E 594.82' S88°22'06"E 299.31' S88°24'05"E 558.71' BLOCK 1 LOT 1 DRAINAGE AND UTILITY EASEMENT OVER ALL OF p BLOCK 1 LOT 1 • LO i W 242.55' 50' o rn rn 00 w w o O O O O O O O I0 �I Z I Z BLOCK 1 LOT 1 77 N8 °22 02 46.90' — — N90°00'00"W 292.01' 'Q — N88_22'02"W 100.69' /� 'I��� IIIIIIII IIIIIIII IIIIIII IIIIIIIII I — — — 4- N88`22'02"W 434.41' — — — O O M N�/v I o I 7- `� II I—x x I —I BLOCK 1 LOT I OC � E ] IN a x I Z O o N'-�' � DRAINAGE AND UTILITY O°02'14"E 36.37 EASEMENT OVER ALL OF BLOCK 1 LOT 1 I I 1 I - I I 1 D M Ln r7 W O O CM - LU CV O O O Z O I I —Le Z 2 1-1 "-- ` LV I x 50' Q i II �x-x x-x-x ZU I J o 1 50' I I S8803328"E 558.47' m II � I BLOCK 2 LOT 1=36.23' R=75.00'_ w � o in 2� A=27°40'28" ui . 0 / f�i !� N x x x -` W .0 I II N I� COr(D x NI \ II o N x II R ro io �� CV \ \ Z I r BLOC 1 LOT 1 - DRAINAGE AND UTILITY x x �/o �z \ I - (0 DRAINAGE EASEMENT OVER ALL OF i \ ZI � BLOCK 2 LOT 1 x xx // \ 1000 I CONSERVATION I � N ao p EASEME�If T� II 1 _�,� LEGEND: -- I / PROPERTY LINE LOT LINE R . 0. W 00"E 26.98' o O FOUND IRON MONUMENT I \ r CONSERVATION �s• '��� ��ti`�/ / R.O.W. DEDICATION EASEMENT �/ co ' LU S4°08'54"E 1 .49' \ — — — — — — �- _ CV _S8 °10'39"E 12d 16' ' I N — — I O U) E 0 I EDGE OF DEL INEATED1 0 / DRAINAGE AND UTILITY N - WETLAND PER BRAUN-° INTER TEC '� / ,/ EASEMENT OVER ALL OF cn II i // BLOCK 1 LOT 1 \ ` Is- ! � �{� � � � � EDGE OF DELINEATED WETLAND INT BRAUN ERTEj �\\ Ul00 MANN NG /� -- ��! ' LU o � I Z )0 \ I L - BLOCK 1 LOT 1 II - CONSERVATION ----- EASEMENT -� 89°18'58"W 15�1�18' / 0 o Q0 -- L=399.76' R=1275.00' / 151.18 N89°18'58"W 894.07' N8918'58"W 1045.25' I I I I I I � I i PARCEL AREA TABLE PARCEL AREA SF AREA AC 80TH ST. ROW DEDICATION 51,050 1.17 BLOCK 1 LOT 1 883,744 20.29 BLOCK 2 LOT 1 163,371 3.75 MANNING AVE ROW DEDICATION 48,862 1.12 PUBLIC ROW (INTERNAL) 128,309 2.95 TOTAL 1,275,336 29.28 N 0 30 60 120 SCALE IN FEET �4�s ALLIANT 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com Z 12 W J J co Ix W > H a Q CD Z J z J _ Z Q cf) o W Z a U z Z Q � Z = 00 I hereby certify t specification, or prepared by me direct supervision am a duly Licen: PROFESSION4 N the low e M'IIN_A x1\n Q a Q Z J W Im IL 06 H z W � Q J o a z LU C Q Q Z 0 Z Z w a N hat this plan, report was or under my and that I ;ed G!MEER pnQyrkj to o O?� Vv 54821 License No. QUALITY ASSURANCE/CONTROL BY DATE DATE ISSUE PROJECT TEAM DATA DESIGNED: CJW DRAWN: LRJ PROJECT NO: 220-0208 7 SUNDA NCE STILL I/VA TER ZONING AMENDMENT & PRELIMINARY PLA T __j -1 --ABERCROMBIE LN STILL WA TER, MINNESOTA N 0 50 100 200 SCALE IN FEET SHEET INDEX COVER SHEET EXISTING CONDITIONS PRELIMINARY PLAT SITE PLAN GRADING, DRAINAGE, STORMWATER AND WETLANDS PLAN UTILITY PLAN DETAILS LANDSCAPE PLAN TREE PRESERVATION PLAN NO. 1 2-6 7 8-11 12-15 16-20 21-23 24-27 28-36 DEVELOPER RYAN SAILER TIMBERLAND PARTNERS 8500 NORMANDALE LAKE BLVD. SUITE 700 MINNEAPOLIS, MN 55437 PH: 952-351-9308 CONSULTANT ALLIANT ENGINEERING, INC. 733 MARQUETTE AVENUE SUITE 700 MINNEAPOLIS, MN 55402 PH: 612-758-3080 FX: 612-758-3099 ENGINEER DAN SJOBLOM LICENSE NO. 54821 EM: dsjoblom@alliant-inc.com SURVEYOR DAN EKREM LICENSE NO. 57366 EM: dekrem@alliant-inc.com LANDSCAPE ARCHITECT JOHN GRONHOVD LICENSE NO. 59233 EM: jgronhovd@alliant-inc.com Pl 11 ALLIANT 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com H Q a � z Q Z w _ J J W V W Lj > as H Q ~ Q Z z W J z � J z Q 0 cn o W W W a 2 W U Q = Z z cn 0 v Ix Z W Z O cn 65 N U 1 hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed yy PROFESSIONA NGR u i the law is Staf pN L OMB( nR GO 54821 �O QUALITY ASSURANCE/CONTROL BY DATE DATE ISSUE 9-27-23 ZONING AMENDMENT & PRELIMINARY PLAT PROJECT TEAM DATA DESIGNED: MK DRAWN: IDS, JG, JP PROJECT NO: 220-0208 1 U W 0 N U N w w N N N _ i °O O U O Cn Cf) � z w W V) O cn w w z = J ~ O 2 rQ V ) CU 2 H r� O z w � U Z� W C° >� Q� 0 z z z I Q I � I ---60— II O 00 zQD I wQD� � N O I w M < O WZ U O Q 0 Z W d' J W �\ = W � I r, I � I I II I I POINT 32 )DS SOUTH ,F NW COR / SEC I30, T. 30, I R. 20 I p II I I II N 00 I � c+� I N I � 0 ° O I � I I Q) 0 0 o N I � Cr Q 0 0 m z w<;w 1 C._ W W I � W W W I W J I T H-W I W J � W >¢(Y acf)� U Q n I z�a Qom �zo ,DRIIPEW. 18 E SEME T S89018'58"E 1045.25 /Lmj 12 PER OC. 0 7245 EXCEPTION UNIT COUNT: TOTAL UNITS = 179 UNITS NET DENSITY** = 7.95 UNITS/ACRE **EXCLUDES MANNING AVENUE, 80TH ST. N. DEDICATION AND WETLANDS PARKING PROVIDED: GARAGE STALLS: — 12 STALLS PER 12 UNIT BUILDING * 10 — 13 STALLS PER 11 UNIT BUILDING * 1 — 12 STALLS PER 8 UNIT BUILDING * 6 DRIVEWAY STALLS: ADDITIONAL VISITOR PARKING: (REQ'D 1 PER 3 UNITS) PRIMARY STRUCTURE SETBACK: MANNING AVE. N./CSAH 15 80TH STREET N. FRONT YARD: SIDE YARD: REAR YARD: MINIMUM SEPARATION BETWEEN UNITS ROAD DIMENSIONS PUBLIC ROAD WIDTH: MINIMUM DRIVEWAY DEPTH: = 120 STALLS = 13 STALLS = 72 STALLS = 205 STALLS (1 PER GARAGE) = 60 STALLS = 100' = 70' 30' 5' 5' 40' 26' (50' R.O.W) 20' THE MN MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. 7. ALL CURB AND GUTTER TO BE CONCRETE B612 OR MOUNTABLE TYPE AS NOTED, PER CITY OF LAKEVILLE STANDARDS. 8. TYPICAL PRIVATE PARKING STALL = 9'x18' 9. SHORELAND OVERLAY DISTRICT DEPICTED 25' BEYOND THE EDGE OF DELINEATED WETLANDS OR 100' FROM CENTERLINE OF UNNAMED TRIBUTARY, WHICHEVER IS GREATER. LEGEND: EXISTING CURB & GUTTER CURB & GUTTER RIGHT—OF—WAY LINE PROPERTY LINE BUILDING SETBACK WETLAND BUFFER WETLAND BUFFER STRIP DELINEATED WETLAND BOUNDARY ASSUMED WETLAND BOUNDARY WETLAND BUFFER MONUMENT Al ALLIANT 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com w a J ■ W W U Z Q z M W Z t LL1 Q H Q J a Q z_ J W oc Old a H z W z 5W a 0 z z O N z Q a W F— A, I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed 1r_N PROFESSION F\G!A�A n the la��vv���I e to o ` M'NN�TA �` .000. ` --r,nN License No. QUALITY ASSURANCE/CONTROL BY DATE DATE ISSUE PROJECT TEAM DATA DESIGNED: MK DRAWN: IDS, JG, JP PROJECT NO: 220-0208 11 0 30 60 120 SCALE IN FEET _ of 96.78 r N W 0 \ w ^° 1 Il O O 'O F O o a� O I \ cam" wl ---184- ^^ - - - - - - I 11 J I Q o o I I II U / W w m .%� Do I r 4- TNH-912.03 .- IIII 2 O�W z o1 W I z LU I I 1 > IWi I� J I cry V z 4� z z QC I- G ----60- - r8 06 0 F- ( I wIo :2 0 w � w T H 4.2`. <Oz 1 Lj w _ ci_ _. - --- 64 r, _-I W / �w I W Q Q ` ---- -184 Qj_ U Q 0 z=a I z� I <OD o �z0 I II I o I N I Cn Cr k7 BE� _ 50 _- V I E W B °° °° °° °° ON °° °� n11 �I I °I _ 1 VIEW A 1 1 G N -�U 0 8 jFROM MAPS RAM=9jL1 - RIM °° _ = 80TH STREET NORTH (PUBLIC) 420.44 REC.) - CO HWY 12 ° I� INV=907.40 80TH REET N 16" WM BIT ROADWAY G G `NnRTAs LA 0 our T=,y 1 \� G G G ` /1 TRAVELED (FILE r7 �V=903.69 ° ' u /// II -7- .7 - G 67299)G 1 I / 1 /9 2 IM 12' WM G RIM=899.391 (` INV:S F 91 0 R D // ✓ I i F F 1 2' ST / T ,P� 1 12„ u a oRt -8.9Q.36 _ _ I \ 0 0 - i INV:N I5"RCP=895.I6 1 BENCHMARK #�i' - 1 I 80T S E J' 6 I - - _/ I I I I / 1 _NOR J_ RIM=907.89 T K T ST U ' Q INV•W IS"RCP=89281 l / \ T V T FI-EC \ U 0 (, LAID STREET NORTH AS \ 1 /� / N 6 9 J \ 02 49_ \ _ - - - - 0 NV� 7�p--�q��$ - �� ,-LAID OUT AND TRAVELED \ I O jO i � o INV W=903.64 9- �C � I 9 \ � i _ _ 0 w � �-� -_- 91 / (FILE N0. 67300) / / 9 9 �� - _ - - - - - - - _ 02.29 °' O O I CP" INV=899.56 -IAIV: 24' RCP=896.46 - -8 PS, 0 \ / 9q1nnR �� 910` _, �� J�� ° d 0 INV=900. -- - 8 9 6 - 1 yUd / °' 9 908 r _ !-�`/ 89B \ �� \ FROM MAPS, 906 / / / yU6 - - - I I Yub W 1 \ \ \ g 9U4LLI 1 / I Z 902 \� 896 - ) g 8? �O�I �0 9Q vI 1 1 S . -.- ,906 \ I RIM=898.47 INV:N=S76.77 BUILDING 12 Zoo _ RF oIN��� �_ � � B ILDIN 1 0 � v m I-ST s 0 i • 252 °j 9 v BUILDING 13 90� U G � _ _ � / �� -896 I ® 12 UNITS ' 12 UNITS / 6 w I BUILDING 2 \ a9 0; 898 *41 ou / FFE: O o- 12 UNITS a9010 •\ -r -/o E \J / / BUILDING 3 FFE: FFE: 8 UNITS 8 UNITS / B2UIS4 I 902_ ,906.00 FFE: 1BUILDING - I I ' Q 905.5 903.45 902.95 FFE: , CY °U OB FFE: < WI TNESS 902.95 MON. L oy BUILDING 11 8 r _' 1111-4 902.45 O O Qj 5' WIRE FENCE 11 UNITS /_ o S8�- - w -off x m z FFE: - 902 _ \ o -- 906.50 \ / - - 904 / ! 902 - I 902 - / w BOO z /LLJ Q / � -7' WOOD FENC � � \ J o • x 0� - 90 oF- ooD F _ ' Nt - N 900 HousE- - - - \ / J w x / \ - 900_ BUILDING 5 - . g06 � � �. _ �- -� _ � / • - - --898 �- - 896 / ► 12 UNITS 0 Q Cn O / 3 3 z 894 892 s / o FFE: o z FFET I- / \ ` 890 Plc�or rn f 902.00 I z I2oa5 aoT N o0 0' / - EAST POND 888 0 1 x - �� v \ 3 904.05 CLUBHOUSE I NWL:892.70 88'883 0 7ss /I 1 x FFE: \ Q H 51 N HWL:897.52 S883-884J \� / -�-- F- 904.05 I --- 886 _ - / 900 00i 88t5 ' p -- sHE CO"� � / \ eD E o BUI ING 6 � 890 N P x I ' I T -} - ► PW� A TI ON 892 6' �FTAL FENCE10 - _ \ 00 \\��RIM=893. 57 W � � _ I � x WOVEN WI 1 NITS / � 894 / \' \ � � INV:S IS"RCP=890.47 I O \ 9 -ENCE I� 896 --� A. BUILDING 10 BUILDING 17E: 8 898 \i 1 } x x 8 UNITS x �° x BU$LDINS14 x o 8 UNITS - 903.50 R o 898 f-896 o / / FFE: I P�. 0D L-x x x�x- . FFE: 1 III i 8 899 -� �. 896 i - . - / - _I - - - - - - 1 -----RIM_=896.36 906.30 \ \ 906.30 \ \ \ \ 903.50 - _ 4' WOOD F NEE-' - _ _ ca 558.47 4- INV: N IS"RCP=893.19 I _ -894 � / I 9j\ \ • PT/ GHr u ` - � gl - x 0 xTx \ 10 89 1 R11 0 -�s2.s� o / \ \ RUN x r > -� rn \ \ x 2500 SF I 9 I 1000, 1 11 \ r x 1 9p4 1 r x� -x O 1 ,/ � 8� y� 1 OWN 0 CP I �- a ����� / 904 •� / / VIEW x { C V. BUILDING 9 BUILDING 15 / BUILDING 16 I I / W W W gg2 ^ r 12 UNITS I 8 UNITS 12 UNITS ' ' W 1 FFE: FFE: / FFE: / y/ �,/ �ti 1 905.80 I 04.60 904.10 W %'� �� w CD cli �� •� - y / 904 / O O O \ W W W W W W W J• W/ 902 W V� W J• W O po v WOVEN W NICE W - \ 'EDGE OF x -fix - XXX i-)VTLAND P17 ,� ED WET L�D I� Obo I. \ \\ -- 1 °O r FAIN, 17N \ W W I W~ w 1\ - / L W I / O 3 4 \ 1 w 902 c� c� \ W W W W I� EAST 59'53'''E (K \ SOUTH POND B /o 0 o`f� 98.8'4 2 / 40 39 6.79i NWL:893.50 /xa`�`c� co H - )i HWL:897.29 / 309.74(309.72 REC.) Z ^- - f.O i/ L ou POB RCEL our 1� W BUILDING 8 N / w / \ 12 UNITS 1 0•.rn / ° O W�TLAND 2 (IW W 9 FFE: I oCOO 4 - P L a . 3 I w E O� 904.0 W \� 0 FFE: / 903.5 � / / ---EDGE OF / 1 / � EDGE OF \ 8 yCi \ j / 9 / CATTAILS / /� O 0 vEGETAT16N j EDGE OF DELINEATED 9 0---WETLAND PER BRAUN - / IN TER TEC -'�- / // M �' \ IN V48'9C80 g„ / � � � 8 Oyu w � � � W / 1� Wj / � \\ 98 w SOUTH POND A NWL:893.50 w w // 1 �'_CMP�C3y6 HWL:897.29 8g6 / / / / _8\ / INV=893.77 -w_ \ -7� �� w f// �/ oN /�•�-� w �� �� / WET LA� / G A oo, C1) y 0 / \ ��00 g %/� / WETLAND 1 / o ` / / W /W n EDGE OF DELINEATED / � � /i WETLAND PER BRAUN-- / I W/ `� %J f J /� / O� Pd G? INTERTEC 8 // O W lP TREES/ GETATION 1 / - _EDGE QF- -' / .v ♦ ��` / CATTAILS V m / n f� .v \ w\` / 1 ��� \ �\8 % / / EDGE QE I \ 2 CATTAILS rpm 9 �2 / \ \ wCP �Pe/WEED A6 S O _ \\\�/wWrC Or � W SW w � w ��v`� W m���.��♦ �� l /�2S / ��_� � w/ � W � W II I CC ,4ER ✓ \ A O \ W W W W W W W W \� Q (`\ Dk VEWIA _PER EEM T o \ - \ > > -_ 78 \ `S89°18S811E�1�45.25 / / \ \ \ C. / 12 7� 3 5 \ \ \ EXCEPTION / / / / / / / / / BASE \ ANGLc o / 910 ly CMP GRADING NOTES: 1. ALL FINISHED GRADES SHALL SLOPE AWAY FROM PROPOSED BUILDINGS. 2. THE CONTRACTOR SHALL KEEP THE ADJACENT ROADWAYS FREE OF DEBRIS AND PREVENT THE OFF -SITE TRACKING OF SOIL IN ACCORDANCE WITH THE REQUIREMENTS OF THE CITY AND WATERSHED. 3. NOTIFY GOPHER STATE ONE CALL, AT (800)252-1166, 48 HOURS PRIOR TO START OF CONSTRUCTION. 4. ALL IMPROVEMENTS TO CONFORM WITH CITY CONSTRUCTION STANDARDS SPECIFICATION, LATEST EDITION. 5. ROCK CONSTRUCTION ENTRANCES SHALL BE PROVIDED AT ALL CONSTRUCTION ACCESS POINTS. 6. REFER TO GEOTECHNICAL REPORT AND PROJECT MANUAL, FOR SOIL CORRECTION REQUIREMENTS AND TESTING REQUIREMENTS. 7. STRIP TOPSOIL PRIOR TO ANY CONSTRUCTION. REUSE STOCKPILE ON SITE. STOCKPILE PERIMETERS MUST BE PROTECTED WITH SILT FENCE. 8. PRIOR TO STARTING CONSTRUCTION, THE CONTRACTOR SHALL BE RESPONSIBLE TO MAKE SURE THAT ALL REQUIRED PERMITS AND APPROVALS HAVE BEEN OBTAINED. NO CONSTRUCTION OR FABRICATION SHALL BEGIN UNTIL THE CONTRACTOR HAS RECEIVED AND THOROUGHLY REVIEWED ALL PLANS AND OTHER DOCUMENTS APPROVED BY ALL OF THE PERMITTING AUTHORITIES. 9. IMMEDIATELY FOLLOWING GRADING OF (3:1 OR GREATER) SIDE SLOPES AND DRAINAGE SWALES, WOOD FIBER BLANKET OR OTHER APPROVED SOIL STABILIZING METHOD (APPROVED BY ENGINEER) SHALL BE APPLIED OVER APPROVED SEED MIXTURE AND A MINIMUM OF 4" TOPSOIL. 10. THE GENERAL CONTRACTOR MUST DISCUSS DEWATERING PLANS WITH ALL SUBCONTRACTORS TO VERIFY NPDES REQUIREMENTS. IF DEWATERING IS REQUIRED DURING CONSTRUCTION, CONTRACTOR SHOULD CONSULT WITH EROSION CONTROL INSPECTOR AND ENGINEER TO DETERMINE APPROPRIATE METHOD. 11. REFER TO STORMWATER POLLUTION PREVENTION PLAN (SWPPP) FOR ALL EROSION AND SEDIMENT CONTROL DEVICE LOCATION, DESCRIPTIONS, NOTES AND DETAILS INCLUDING CONCRETE WASHOUT STATION INSTRUCTIONS. 12. BUILDING PERMITS ARE REQUIRED FOR ALL RETAINING WALLS 4 FEET IN HEIGHT OR GREATER AND THE WALLS SHALL BE DESIGNED BY A STRUCTURAL ENGINEER WITH DESIGN REVIEWED AND APPROVED BY THE CITY PRIOR TO INSTALLATION. 13. A 4 FOOT SAFETY RAILING IS REQUIRED ATOP ALL WALLS 30" IN HEIGHT OR GREATER. 14. RETAINING WALL CONTRACTOR AND/OR RETAINING WALL STRUCTURAL ENGINEER ARE RESPONSIBLE TO REVIEW CIVIC SITE ENGINEERING DRAWINGS. ANY OBSERVED CONCERNS WITH CIVIL SITE ENGINEERING DESIGN ELEMENTS RELATED TO RETAINING WALLS THAT REQUIRE MODIFICATIONS TO THE CIVIL SITE DESIGN IS THEIR RESPONSIBILITY TO COORDINATE WITH PROJECT OWNER AND CIVIL SITE ENGINEER. IF NO COORDINATION IS REQUESTED IT SHALL BE UNDERSTOOD THAT ALL CONDITIONS WITHIN THE CIVIL SITE DESIGN AND PLANS ARE ACCEPTABLE AND ABLE TO BE PROVIDED FOR IN THE RETAINING WALL DESIGN AND CONSTRUCTION. GRADING LEGEND: B618 CURB & GUTTER SURMOUNTABLE CURB & GUTTER EXISTING CURB & GUTTER PROPERTY LINE RIGHT-OF-WAY DRAINAGE & UTILITY EASEMENT - -908- EXISTING CONTOUR _908- PROPOSED CONTOUR 908.5 908.0 PROPOSED SPOT ELEVATION TW:908.5 BW:908.o TOP OF WALL BOTTOM OF WALL FFE FINISHED FLOOR ELEVATION a PROPOSED RETAINING WALL PROPOSED CATCH BASIN/MANHOLE PROPOSED STORM SEWER > PROPOSED DRAINAGE DIVIDE - - - INLET PROTECTION EOF ROUTING - - TREE PROTECTION FENCE 0 30 60 120 SCALE IN FEET ALLIANT 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com W W V z Q z M Cn Q a Q z W oc a 06 F_ z CW G z CW C ♦Q V z z 0 N 000ft% IL U) /0 V z Q IL V♦ 0 z J W 0 z Q W H Q o� 0 F_ W II 0 Q z Q V Z 0 /QM V I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed PROFESSION4 ENGINEER n the lvw' a to o M'ilN_ aCrrA 54821 License No. QUALITY ASSURANCE/CONTROL BY DATE DATE ISSUE PROJECT TEAM DATA DESIGNED: MK DRAWN: IDS, JG, JP PROJECT NO: 220-0208 12 0 rr O z W D J zm Wn V z z z Q I I I I I I I I� II I I _ I a a 0 M EIIII M M M MW 0 M 0 M M M M N 0 0 in 0 0 M M 0 0 00 0 0 M M M 0 0 0 M M M M M 0 M M M 0 M M M M M 0 mi M M M mjm M M M M M M M M M M W W M M M M omm M M M M M M M M M M M M M M M M M M M M MM M M M M M M M M 111111111IMMMMMOOMMMMImb ABED )� I-EVV OT a STREET NORTH (PUBLIC) Q, ou — I I w w — ■ I E70SIN0 PAYE1�l� PRO G 01111M - I lo: o+oo.00 (PUBLIC) v I ■ ° — — — No IIFALACE - ° -- —_ — — — VV im cumm MW== I IF v n t J I� 1 /\ ■ I V I ,I IlL _ �1 v , I CN v I 1 qI I� - +8° `1. R +00 - +00 ID. 8+0 N 00 6+ F 11 5+� ° 4+00 3+00 \, ■ ■ I _ - / �S V I � N N 0 — T/,- Ea «° v I �� \� ■ Mid; S 6.16 > O + I s S VIEW C —I Vx W W W W W W W UTILITY NOTES I I I � � f,fW W W W W ■ W W W ;, o o W W W W W W W o / ��� W W W W W W W W W W W W 1. EXISTING UTILITIES, SERVICE LOCATIONS AND ELEVATIONS SHALL BE VERIFIED IN FIELD PRIOR TO CONSTRUCTION. 0 I4.54 �� W W W W W -''' ■ 2. MAINTAIN A MIN. 18" VERTICAL SEPARATION AT ALL PIPE CROSSINGS. LOWER WATERMAIN AS NECESSARY W/ BENDS AND FITTINGS. / /ISOW W W W W W W W ■ WATER AND SANITARY SEWER LINES TO MAINTAIN 10' HORIZONTAL SEPARATION. a o ' �! W W W W ; 3. CONTRACTOR IS RESPONSIBLE FOR ALL PERMITS PRIOR TO THE START OF CONSTRUCTION. - Is W W W W Li a / W W W W W W W /' 4. PROVIDE POLYSTYRENE INSULATION FOR ALL SANITARY/STORM SEWER AND WATERMAIN CROSSINGS WHERE VERTICAL OR HORIZONTAL SEPARATION IS LESS THAN 3'. Ies W W W W W W y ; 5. ALL UTILITY WORK WITHIN THE R.O.W. SHALL COMPLY WITH THE CITY OF STILLWATER ENGINEERING GUIDELINES. W W W W W W W +,� \ ~ 16 00 -1 +00 6. NOTIFY GOPHER STATE ONE CALL 48 HOURS IN ADVANCE OF ANY UTILITY WORK. I W W W Ia L W W W, ■ V W W W W W W W; ■ 7. PROVIDE TEMPORARY TRAFFIC CONTROL IN COMPLIANCE WITH MNDOT "TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS -FIELD MANUAL" �I II W W W W W / - W W W ■ LATEST REVISION, FOR ANY CONSTRUCTION WITHIN PUBLIC R.O.W. 4I11 °- - - - - -� x - -- 8. ALL STORM SEWER CASTINGS SHALL BE NEENAH OR APPROVED EQUAL. 9. WATERMAIN, SERVICES, AND VALVES SHALL BE INSTALLED WITH MINIMUM 7.5' OF COVER. ■- I �p�-W W � >I JW W W W � N W �, W W ■ 10. WATER SERVICES MAY BE PLACED IN SAME TRENCH AS SEWER SERVICES PROVIDED THAT A 24°° VERTICAL & A 36„ HORIZONTAL SEPARATION ARE MAINTAINED. I N � I I W W W W� � ` W JW W W , ■ /�/ 11. ALL 6" AND 8" WATERMAIN SHALL BE PVC C900, UNLESS OTHERWISE NOTED. �'' - 12. PIPE LENGTHS LISTED IN SCHEDULE ARE MEASURED FROM CENTER TO CENTER OF SHOWN STRUCTURES. // /� W W W W W W s'0` �+ �' ,c d W W W W / 13. ROOF DRAINS (RD) SHALL HAVE AN AT GRADE DOWNSPOUT OVERFLOW. 0100' �'-.� �� W W W W W /'--�-- 14. HYDRANT GATE VALVES SHALL NOT BE PLACED IN THE CURB. �� W W W W W W W � �� W � ✓ ��� �_ �I' ,' // ■ �i"� W W i o� �� w w W W W W ' / i'� `I' `I' �' II -��- •' W W W W 15. ALL SANITARY SEWER MANHOLES SHALL BE 48" DIAMETER AND HAVE A NEENAH R-1642 CASTING, UNLESS NOTED OTHERWISE. A♦ !-ia---:�J../ o, W! >� W /' // / �i'■ W W W W W W W -, , ' , LEGEND ■ — I� I W W ✓ W W W / �\\ W W W W W W � v � v � / `1' `1' `1' `1' /� �� ■_ I� W W W W W, W W W W ��> PROPOSED STORM SEWER �W , PROPOSED SANITARY SEWER PROPOSED WATERMAIN W W W �� �p � W W W w ,� / / ■ PROPOSED DRAIN TILE W W W W .� . .. W W W .� y� ,' / // W W �' W W W \\ W W W W W Ji W W W W � . ,' / / � W� W W W '� ■ III I. W W W W W W W W W W W W W W /W W W '' / '/ W■ W W �' • PROPOSED STORM CATCH BASIN/MANHOLE W W W W 1 PROPOSED SANITARY MANHOLE IW W W W W W W \`\ W //' ' /' W W W W W W; ,��� ►t PROPOSED BUTTERFLY/GATE VALVE N PROPOSED HYDRANT W W W W \ W W W W EXISTING GATE VALVE ______ /' / /y W W W W W W W W W �,-6-EXISTING HYDRANT y>` ■ I `� W W W W W W W / / ' I -' ' - EXISTING WATERMAIN W` ° \\ ,' , ,/ ,� W W W W W W fI , EXISTING CATCH BASIN 171 OO EXISTING STORM MANHOLE EXISTING STORM SEWER 0 30 60 120 ' ' ® EXISTING SANITARY MANHOLE EXISTING SANITARY SEWER SCALE IN FEET I I I I I I '441,0 ALLIANT 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com it W a J F_ cn W U z a 0 z M U) Z W J J i= V) LU a z z Z 0 z Q z H 0 H O 00 Q J a a Cz G J W cc a ca H z W 2 0 z W /a'R V z z O N z J a J P D I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed PROFESSIONAL ENGINEER under the laws of the State of MINNESOTA DANIEL SJOBLOM, PE 54821 Date License No. QUALITY ASSURANCE/CONTROL BY DATE DATE ISSUE PROJECT TEAM DATA DESIGNED: JP IDS DRAWN: IDS, JG, JP PROJECT NO: 220-0208 16 ABE� �XAMA/ R o,ouni I / \/ I M A/ 0 Pr 12 - UNITS � .� �, r it ILANDSCAPE REOUIREMENTS: TOTAL TREES TO BE MITIGATED: 349 (SEE TREE PRESERVATION) �;_,� ��► ��. _ � Cam► _� -��� ,,�LANDSCAPE SCHEDULE: STREET & MITIGATION TREES KEY COMMON NAME / SCIENTIFIC NAME SIZE NOTES OVERSTORY TREES 21 AB Autumn Blaze Maple I Acer x freemanii 'Jeffersred' 2" Cal. B&B Straight Trunk, NoV-Crotch 20 AE Accolade Elm I Ulmusjaponica x wi lsoniana 'Morton' 2"Cal. B&B Straight Trunk, No V-Crotch 21 CH Common Hackberry I Celtis occidentalis 2" Cal. B&B Straight Trunk, No V-Crotch 21 GM Green Mountain Maple I Acersaccharum'Green Mountain' 2" Cal. B&B Straight Trunk, No V-Crotch 20 HL Skyline Honeylocust I Gleditsia triacanthos var. inermis'Skycole' 2" Cal. B&B Straight Trunk, NoV-Crotch 21 PO Majestic Skies Pin Oak I Quercus ellipsoidalis'Bailskies' 2" Cal. B&B Straight Trunk, No V-Crotch 22 RIB River Birch I BetuIa Nigra 8' B&B Clump form 20 RO Red Oak I Quercus rubra 2" Cal. B&B Straight Trunk, No V-Crotch 20 SL Sentry Linden I Tilia americana'McSentry' 2" Cal. B&B Straight Trunk, No V-Crotch 21 SO Swamp White Oak I Quercus bicolor 2" Cal. B&B Straight Trunk, No V-Crotch CONIFER TREES 34 BF Balsam Fir I Abies balsamea G B&B Straight Trunk, No V-Crotch 34 BH Black Hills Spruce I Picea glauca densata G B&B Straight Trunk, No V-Crotch 33 NS Norway Sprucs I Picea abies G B&B Straight Trunk, No V-Crotch 22 1 TT ITechnyArborvitae I Thuja occidentalis'Techny' G B&B Straight Trunk, No V-Crotch ORNAMENTALTREES 19 1 TL Japanese Tree Lilac I Syringa reticulata G B&B Clump form 349 TREE TOTALS Al ALLIANT 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com H a J a � z a z w _ J W a � � w > a z z z W z �_ Q o a H z la C o W W w Q a z a a z V a Z U) O a o N J I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly License LANDSCAPE the Io 0 n'` M'NN= A M 104 G �6R�RBE ASCA 26222 QUALITY ASSURANCE/CONTROL DATE ISSUE PROJECT TEAM DATA DESIGNED: JG DRAWN: TLM PROJECT NO: 220-0208 ABET ou ou 0 - • - 1 INA 01 ■ INS 1�311111M AFA N O O O O ° e a �: o� �dr .Gi�►r.�r`�������`` ,;,� -- - I ►'1`�,'- -- `%���//���/�////� --� • O .• N O O �� �WAW ZE---- ------��./- - ��%�IMA ••• a 4. O O O O ,Ot4. �O • eD O ,�, • O � I ♦� �I`I%D ':�' - - .. � �WAI , 115 FROM,. -'-�.�.�.� �.�1I � _��_.3� • • o r1" .,' 1. 0 0.111Nil ►♦R►4" ►i�j♦� Q'i�i . ►• • ♦ ♦♦ A �c•„� a :p • �► '�,` n �.•.171f ►. •. I fro. �.....♦ a �^ ''� A . 14 ♦•1 ♦i. . ►i. �.'�•. I �►...•�F�� �� �«� �►mac • • �❖i•.�1;�-i- ►�1 ►�� Cv.- rill •1�1 -- - X201 I � ! • I �� I - -i� I ►.� s:'1;_[ I�.A�' •' ■ !+ o —1,IR !' - I ♦cxi: •'� I III I I I �� I I,. .II+ I ' ,.�F:, . I �� • S♦ t ° eO ��1 I 1I . �I��I • 1. 11 v�' U,' Ia..♦•�I/�cy♦ �I re Y'r-1 I . 1�1 II1 .�I �'� I . ► - kS FFE: I . II ♦ .., I�:�►r�•am•.� Ili.l I Yr �•.!,:�;..:. •_ I I AM ... •� G I I I ►. y. L 902.95 Z 1, ice. I _ I h ►•1 IIL I m_^ -- ° — II •• : ►•1 .. II•� I� t�i ♦•� III .►•, - �l �� ►i. II�I�!\ ' II I�. • �`• ylr��.t f►i '� 11 UNITS FFE: loll IPPI 906.50 n♦• / '♦•�- • � •L- m III R; ►•. _. -- - - _ I O c. {Ir, • BUILDING 5 ` �' I % %/ _ �IIIIIIIIII n--- - 1 �•• / �' , � I ° • ...e • 1 � A.., i:. :. / iiii r •.•."�ili � ►♦ •• - -- If � .�• -•. -- � _� '' / I 'III 12 UNITS r S! • �� ►"���� ►t�/� �� IIIIIIIII■IIIIIIIII �� • • •• �.�► •.�C� � • ■ a �.� 0' \� _ _ \ ♦♦� ��_® • i_o`i • • a " � IF 0=1 •. ' ♦ � ,♦ • '1 I- �'�— 902.00 e ► .: 11i� �-. ♦ ►♦. - ► • ►•� • - ---��� ..:-••sue \ O e • • ♦ III ► ► �� • - � � ►♦� ►♦� I�.� � I �� '� • • i ♦/a� ►q � G•♦ - � ►♦1 • •,ilia • ►•' ♦ •' III- I I r�•1 . • ♦•a •_,,. ♦+• N..'.!-� ►•.' - BUILDING 17 BUILDING i �I 903.50 : • : ♦• ►_•.�� .ice►` ►t. 31Zi �S_.1 < < �.�_..� •♦ •'.•ei•1.,. \ _ • • • ;v �� �`� ��� - 4/ '(V, }'1• •[:�� .l�l f. -1' I. • __-�•.�.� _jaa.�"`�- --• 1 — �J♦ t.i`v _ _ - ���_���_�t�►C� .' e • • ♦ T... • I I� �I�r��•, . - �i/228♦•o i I II I `ti - � ` •�.,, �i•�� ►� } i�- ��► _ •1• C I� I it •� � -. •1 1 , ■ ■ ■ o ;Z. ♦e; ♦ . �I� I •1' �_ •_ Ili �. ��'� � � � �� I �y ■ ■ O � • � � O O � riot. — — � -- •• ►♦. A ■69 17,30 TREE PRESERVATION REOUIREMENTS: Il ,=v;�i ••� • . O — � ire '� ►� �>�;. . - � / � ALL SIGNIFICANT TREES REMOVED ABOVE THE MAXIMUM 35% REMOVAL LIMIT MUST BE REPLACED ON A ONE -FOR -ONE BASIS. 8 UNITS 12 UNITS I MITIGATION CALCULATIONS: I - -- - 0 Total significant tree on site : 1,205 ■ ■ 1 ��,.;, I EI IAllowable removal (35%): 422 Total• -• Total over removal to be replaced 349 DRIP 111' •• O . l --. . , - A ♦ t ra.�c . - ►♦. _ • + ••� a '•• e • e � �S ram. ►��• ►�.) (�f-•�♦��� _��� �� _- ; ° �.,. O r•: • - - e .�.• f !�'�1 • i�'y�•�' • . ,• ♦• •�. ►♦ ►�I�VZ ���♦� II• -� a i'i f SNOW, LEGEND � 1• �.� J ° T �� •// /`'V , ��'��., •� - .1�1 I:C. ��ELf�mEL!�� f—►♦� •`", •. . / ►A'r'.:.- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII BRANCHES 0 3802 EXISTING TREE TO REMAIN III M4250 x 3803 TREE TO BE REMOVED ELEVATION PLAN •,. �'� •,..�, , . d .•' • , r. FZ.- I�� ., . . ►4.. �lipL.E] 3804 OFFSITE TREE �/ / �� . 11'r ►gig' •� �. ►•, / •� / ►'�; �:•_�'> • -• • -• • • • •'REQUIRED • 12 UNITS� >., TREE PROTECTION LIMITS ENSURE SURVIVABILITY OF EXISTING TREES TO REMAIN. NO HEAVY EQUIPMENT FFE: SHALL BE STORED WITHIN THE TREE DRIP LINE AS DESIGNATED ABOVE. P ?TECTION FENCE � I • ., ��lf . ►i. a jQ .. � vw�t ri -EE REPLACEMENT - A 1. BEFORE ANY CONSTRUCTION OR GRADING OF DEVELOPMENT PROJECT IS TO OCCUR, A TREE -031 PROTECTION FENCE (AT LEAST 4 FEET IN HEIGHT AND STAKED WITH POSTS NO LESS THAN P-Vl ANN EVERY 5 FEET) SHALL BE INSTALLED AROUND WOODED AREAS. SIGNS SHALL BE PLACED ALONG THIS FENCE LINE IDENTIFYING THE AREA AS A TREE PROTECTION AREA AND PROHIBITING GRADING • � 0,,►�1�►�l pia f- ,� ►,e �/ ��� �' ', ° �,, L�,., a ,•i� .r BEYONDCONSTRUCTION TERMINATED. 2. NO EQUIPMENT, CONSTRUCTION MATERIALS OR SOIL MAY BE STORED WITHIN THE DRIP LINES OF �� II •� O ANY SIGNIFICANT TREES TO BE PRESERVED. .. ° ,. III u o o • ° . -... GRADE CHANGE, CHANGE IN SOIL CHEMISTRY SHALL OCCUR WITHIN FENCED AREAS PROTECTING SIGNIFICANT ,i .� 4. CONTRACTOR TO PREVENT THE CHANGE IN SOIL CHEMISTRY DUE TO CONCRETE WASHOUT AND 4 . �.� LEAKAGE OR SPILLAGE OF TOXICMATERIALS, ,. PAINTS. ENVIRONMENTAL CHANGES IN THE SOIL MOISTURE CONTENT WHERE TREES ARE INTENDED TO BE • �I ,0 p.5. DRAINAGE PATTERNS ON THE SITE SHALL NOT CHANGE CONSIDERABLY CAUSING DRASTIC •DEAD, DISEASED OR DYING SIGNIFICANT TREES WERE NOTOF TREE INVENTORY. IR 0 7. NO SIGNIFICANT TREES SHALL BE REMOVED UNTIL THIS TREE PRESERVATION PLAN IS APPROVED • 10 BY THE CITY OF •OD • 30 •• 120 8. OFF SITE TREES NOT• - • SCALE IN FEET Al ALLIANT 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com J a Z a Z w Q _ � � J W (ALU oc Z Q a oc w J as a Q z Q z z o _ Z Zcc cn o W W LV a cn Q z Z ♦R o Z = Z W M O 0c o 65 N H I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly License LANDSCAPE " �v>� rf6 the Ioto o n,` - M'NN= A 1,oN �R�RBE ,�,1� ASCA FOR 26222 k QUALITY ASSURANCE/CONTROL DATE ISSUE PROJECT TEAM DATA DESIGNED: JG DRAWN: TLM PROJECT NO: 220-0208 - ououou50- +-- ABERCROMBIE LN �„��— .. Ou nu D N 01i nn 0 1 __ _ 80TH STREET NORTH (PUBLIC) D CO HWY 12 �'� ou 8 , y� FROM MAPS 0 o I II SOTH REET NO I BIT ROADWAY � As LAI °U�ou� ,r=,.y� I / l TRAVELED (FILE N0. r`7A100O I II // CS 67299) I I / \ o O I II _ F �I oU Ij / w i 0 / _ BENCHMARK #2 OU 0 / \ I 80TH STREET NORTH AS 1 ` / / (FILL / OU oU °U�-0U °U °U OU ,,,"_BOTH OUT AND TRAVELED / CD(FILE NO. 67300) \ N 10 // 1 \\ \ � C1 w- wO �O '-- ZN CN CD F /-------__ 1 g to n _ \ I \ w � � BUILDING 12 —x 0 �3 zzsz • EM I ,� L- BUILDING 13 BUILDING 1 12 UNITS x F BUILDING 2 I w FT = 12 UNITS C) D 12 UNITS BUILDING 3 \ j x N J w ou I 7 8UNITS 1 BUILDING 4 I / J ou 8UNITS , o r uN of 12 UNITS r \ / Q o OU E RE�A i `rr, S THUS t I ; ;�j I \\ g i / Q z WITNESS \ I / 5' WIRE FENCE 00 MON. BUILDING 11 - -s /4 • OF' T • - T. - 0 R.20 I Q o m ' - I 11 NIT — w U S x Iof x mzm _ o f5 Io \- NWII 4 SOEF . ¢ LINE NWI/ � � I w LID - _ E - — 0 T.30 R.2 \� x O w r I Q w I "j e GE Ld x ROAD A CY) Q z 0 w 'EN WI / Ig x Sri ❑ A-7' WOOD FENCE ^ 0 2 Q WOOD FE ��++ — — — — — Y - x wOm m w I T T x — — N — 40a SSo Fr _ \ — — S>s8 / (, �- BUILDING 5 - Q 012 0 , t 12UNITS x o z o o o — — — r? % — — —1 N� � t ' ' � w Z 3 MAINT. G 3 \\ V ( I U Q \J TNH=slzo3 Qa = 12055 80T N b Lj ® STnRMWATE \ \ \ ` \ 'PICOT z 7ss 1 ~ / w w w LUBHOUSE \ ND P \ _ 0 I } o / O w O x I EDGE o BUILDING 6 Awoa�J FENCE \ � r } 4 L_— L D� V ATION � -6' METAL FENCE a I x wovEN w1 EEN, 12 UNITS wood 1` Z O �, FENCE IS 0.2 FT N 'GAZEBO r� �•�\ \ \ \ x �- BUILDING 10 4 BUILDING 17 OF PROP. LINE. �?� 'fly wI II II x x - -- x BUILDING 14 a 8UNITS x o 8 UNITS Res sz z f_ / w I Uj 8UNITS � �xx x %� w_ 4 I \I i —ram--� X--- - - - - - - �J F- 4' WOOD FENCE- / N88°33128"W 558.47 m • } I II / r I \w Z w I z n � � •I U PT/HIGH E / ` x \ w I I X X x J w / J:E 00 I I - \x DOG x Qo= x RUN I a w / 0 I 7 I x x 2,500 SF z // W Q I I ~ O U z I x x XX Z x O Q I 14 -t ., �,� w w/ 0 � W W W W W W W W W ---60- � O i x BUILDING 9 BUILDING 16 w w BUILDING 15` W W SITE DATA SITE PLAN NOTES C. 12 UNITS I 8UNITS 12 UNITS y W z o x W / n o i x I y �� %� EXISTING ZONING = AGRICULTURAL PRESERVATION (AP) 1. REFER TO ARCHITECTURAL DRAWINGS FOR CONCRETE STOOPS Q z 0 7 H=9 4.2 \ 1 � I --- ADJACENT TO PROPOSED BUILDING. r o d x x w W w// PROPOSED ZONING = COVE TOWNHOUSE RESIDENTIAL (CTHR) o w I �� \k '1 \ W // 2. CONTINUOUS CONCRETE CURB & GUTTER WHICH CHANGES TYPE II ' L, J _ �� W W / LOT AREAS: SHALL HAVE A MIN. FIVE FOOT (5') TRANSITION ON PRIVATE cl-w� ��-�---- 0 6�I � /i// GROSS AREA = 28.82 AC ROADS. O I w Ih \ 80TH STREET NORTH DEDICATION = .72 AC 3. ALL CONCRETE CURB AND GUTTER ADJACENT TO CONCRETE WALK WOVEN WIRE FENCE O > a � I EDCE OF LXLINE� ED x x x X / 'z MANNING AVE. DEDICATION = 1 .12 AC N I Q oo WW --WETLAND PF� B W W W / WET LAND w BE SEPARATED BY A 1 2 INCH EXPANSION JOINT. o II �� �� INTEO-EC ROAD A 4. PAVEMENT STRIPING SHALL BE 4 INCH WHITE. = WETLAND = 4.48 AC z=Q ~ 4 I z h �\� \W / o NET DEVELOPABLE = 22.50 AC 5. ALL WORK WITHIN THE R.O.W. STALL COMPLY WITH CITY OF Q o 0 o � 4 1.0 T N PROP. C / z o o� FND IRON W LINE PARALLE WITH — — — L W w LAKEVLLE ENGINEERING DESIGN STANDARDS. _ � z ` 0 3/4°-I" I W HE NORTH E N /4 / ` WTI w PUBLIC R.O.W (INTERNAL) = 2.95 AC 6. ALL STREET SIGNAGE, PUBLIC & PRIVATE, SHALL COMPLY WITH S 9°101 91 E 1 % \ I W W W W W /98 84 ° �2 [s 59'S3 (REc.)] f ggg THE MN MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. - W� 309.74(309.72 REC.) UNIT COUNT: 7. ALL CURB AND GUTTER TO BE CONCRETE B612 OR MOUNTABLE POINT 32 - - - STMNWATE-R O Ds IsouTH o ou-0U - - - - POND w W - TOTAL UNITS = 179 UNITS TYPE AS NOTED, PER CITY OF LAKEVILLE STANDARDS. F NW COR / _Ou I w BUILDING 8 •POB RCEL I PARCEL 3 / 0) w SEC I30, T. W w W 12 UNITS I �W W 9 Q:� NET DENSITY** = 7.96 UNITS/ACRE 8. TYPICAL PRIVATE PARKING STALL = 9'x18' 30,1 R. 20 W WETLAND 2 I III rRE VEGETATION W � / � (n I �✓ w TRES EGE .Q I �✓ ,✓ / N [O � I i ANDsc PE I d V **EXCLUDES MANNING AVENUE, 80TH ST. N. DEDICATION AND WETLANDS 'PC ❑ 3 , /� �SE -EDGE of � LEGEND: EDGE OF_ m� w .� - A o VEGETATION \ W W / / cnrrAlLs / / /�1s \ZaOg (p PARKING PROVIDED: 1 TORAGE cos \ �� / EDGE OF DELINEATED GARAGE STALLS: EXISTING CURB & GUTTER SHED W / ___---WETLAND PER BRAUN---I 02 NTERTEcg\ �s i - 12 STALLS PER 12 UNIT BUILDING 10 = 120 STALLS CURB & GUTTER V' l� ,. l� �— -- - 13 STALLS PER 11 UNIT BUILDING * 1 = 13 STALLS a� I N / / -T — — RIGHT-OF-WAY LINE - I �� W �� /� w �� / / - = PROPERTY LINE �' f / / / 12 STALLS PER 8 UNIT BUILDING * 6 72 STALLS �' I W % w- w W w w W W w P rHo sE aoDN w W W W DRIVEWAY STALLS: = 205 STALLS (1 PER GARAGE) BUILDING SETBACK +' o �W ANDSC W i ADDITIONAL VISITOR PARKING: = 60 STALLS `_ (n / I _ _ _ _ / WETLAND BUFFER cV _ / 00 CD/ �/ --� - " .. " . .PWID . .WATER �✓ wErLAND/ // l �N (REQ'D 1 PER 3 UNITS) U I T �M �, / ��. v, w y . v, � v, / �" �� ��V' TfYEE$//�7EGETYiTION / / / / �1 WETLAND BUFFER STRIP O o Cl)�, �, / / �.� w �w / / / / w w w w O /. , n . it ,. . ,� . , . ,. - ,e� l I. I'll / �'� / / ,� �� _ PRIMARY STRUCTURE SETBACK: r w 11 'lili 1 i r 1 1 �- 1 �a �- 1�� vli ,i i i , , �• i i < X�i F� �i i i 'lili / t + j I / o o o rq MANNING AVE. N./CSAH 15 = 100' DELINEATED WETLAND BOUNDARY / -IDGEi O� WATER �� w / / /�P� / z - — — — — — — — — - ASSUMED WETLAND BOUNDARY Q / EDGE OF DELINEATED 6�/-2�3 �- �/ WETLAND 1 / 0 / / w 80TH STREET N. = 70' I \ �� / �� - WETLAND BUFFER MONUMENT /W -WETLAND PER BRAUN-- I / t w / FRONT YARD: - 30' 0L IN TER TEC N I 00 / /� w . / �0 SIDE YARD: = 5' O I o I _ w w \ /� �� w yo i �/ �/ / / , �� REAR YARD: = 5' rn �TREES/VEGETATION\Y�✓ \ _-EDCE of- �/ / w w W W w f MINIMUM SEPARATION BETWEEN UNITS: = 40' N W w w // CATTAILS \ / / N = / V / / / EDGE of--'- ROAD DIMENSIONS cnrTAlLs /�W PUBLIC ROAD WIDTH: = 26' (50' R.O.W) UNKE /WEEDS/GRASS IN X I - v`R/w MARS MINIMUM DRIVEWAY DEPTH: = 20' 0. 8' W OF RA CORNER \ NORTH LINE SOUTH 440 A FEET OF NW 1/4 NW 1/4---� �. _ SEC 0,. T R. 20 L .78 — \ DRI E1w18 E �EME T / S89018'58"E 1045.25 /Lmj 12'PER DOC. 0 7245 EXCEPTION / / / / / BASE ANGLE IRON 0 30 60 120 SCALE IN FEET 41 ALLIANT 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com Ix W Q J_ V♦ W Z :2 U Z 3 Q W ~ 0 Q Z V ♦ V) I hereby certify t specification, or prepared by me direct supervision am a duly Licen: PROFESSION4 the I � e . - Vv _-c FOB a a Q Z W oc a 06 Z 5W G 0 Z W � Q Z Q C'3 J a _z Z LV O H N C/) hat this plan, report was or under my and that I Nnto o V41W , License No. QUALITY ASSURANCE/CONTROL BY DATE DATE ISSUE PROJECT TEAM DATA DESIGNED: MK DRAWN: DS, JG, JP PROJECT NO: 220-0208 11 is'FTiTiiA FINAL DOCUMENT September 2711, 2023 Prepared By: Nick Grage, PE, PTOE, RSP1 ALLIANT ENGINEERING, INC. 1 733 S Marquette Ave, Suite 700, Minneapolis, MN 55402 oALLIANT SUNDANCE STILLWATER 11 TrafficlmpactAnalysis PAGE i Table of Contents Tableof Contents....................................................................................................... i Listof Figures.......................................................................................................................................................ii Listof Tables........................................................................................................................................................ii 1. Introduction........................................................................................................1 2. Existing Conditions..............................................................................................1 2.1 Study Area Intersections.......................................................................................................................... 1 2.2 Data Collection......................................................................................................................................... 1 2.2.1 Existing Traffic Volumes.................................................................................................................... 1 2.2.2 Roadway/ Intersection Characteristics............................................................................................ 3 2.3 Historical Traffic Volumes........................................................................................................................ 3 2.3.1 Forecast Year 2025 No Build Traffic Volumes................................................................................... 3 2.4 Existing Year 2023 & Forecast Year 2025 No Build Conditions................................................................ 6 2.4.1 Intersection Capacity Analysis.......................................................................................................... 6 3. Proposed Development.......................................................................................7 3.1 Trip Generation........................................................................................................................................ 9 3.1.1 ITE Trip Generation Manual.............................................................................................................. 9 3.1.2 Trip Distribution and Assignment..................................................................................................... 9 4. Future Conditions Analysis................................................................................13 4.1 Forecast Year 2025 Build Conditions — Intersection Capacity Analysis ................................................. 13 5. Site Plan Review................................................................................................14 6. Conclusions & Recommendations.....................................................................14 Alliant No. 222-0208 46 ALLIANT SUNDANCE STILLWATER II Traffic Impact Analysis LIST OF FIGURES PAGE ii Figure1. Project Location....................................................................................................................................... 2 Figure2. Existing Conditions................................................................................................................................... 4 Figure 3. 2025 No Build Traffic Volumes................................................................................................................ 5 Figure4. Proposed Site Plan................................................................................................................................... 8 Figure 5. Directional Distribution.......................................................................................................................... 10 Figure6. Added Development Trips..................................................................................................................... 11 Figure 7. 2025 Build Traffic Volumes.................................................................................................................... 12 Table 1. Roadway Characteristics........................................................................................................................... 3 Table 2. Intersection Characteristics...................................................................................................................... 3 Table 3. Level of Service Criteria............................................................................................................................. 6 Table 4. Existing Year 2023 Intersection Capacity Analysis.................................................................................... 7 Table 5. Forecast Year 2025 No Build Intersection Capacity Analysis.................................................................... 7 Table 6. Trip Generation Estimate.......................................................................................................................... 9 Table 7. 2025 Build Intersection Capacity Analysis.............................................................................................. 13 Alliant No. 222-0208 oALLIANT SUNDANCE STILLWATER 11 TrafficlmpactAnalysis PAGE 1 1. Introduction Alliant Engineering has completed a traffic impact analysis for the proposed Sundance Stillwater development located in the southeast quadrant of the intersection of CSAH 15 (Manning Avenue North) and 80th Street North in Stillwater, MN (see Figure 1). The proposed development consists of 187 multifamily housing units. The main objectives of this study are to evaluate existing traffic operations within the study area, identify any potential traffic impacts to the adjacent roadway network due to the proposed development trips, and recommend improvements to address issues if necessary. The following provides the assumptions, analysis, and study conclusions offered for consideration. 2. Existing Conditions The existing conditions were reviewed to establish a baseline for identifying any future impacts associated with the proposed development. The evaluation of existing conditions includes turning movement counts, field observations, and an intersection capacity analysis. 2.1 STUDY AREA INTERSECTIONS The following study intersections were identified: • CSAH 15 (Manning Avenue North) & 80th Street North • CSAH 12 (75th Street North) & Maryknoll Drive North The following access was identified: • 80th Street North & Abercrombie Lane It should be noted that the only access for the proposed development aligns directly across from Abercrombie Lane, an existing T-intersection serving as the primary access to a similar existing multifamily housing development along the north side of 80th Street. No turn lanes are currently provided at the intersection, nor at any intersection along 80th Street / Boutwell Road between Manning Avenue and CSAH 12. 2.2 DATA COLLECTION 2.2.1 Existing Traffic Volumes To document existing conditions, intersection turning movement counts were collected for the study intersections by Alliant Engineering on Thursday, March 30th, 2023, over the following time periods: • AM Peak Period: 7:00 — 9:00 a.m. • PM Peak Period: 4:00 — 6:00 p.m. The a.m. and p.m. peak hours were observed to be 7:00-8:00 a.m. and 4:15-5:15 p.m., respectively. Collected intersection turning movement counts are included in the Appendix. Alliant No. 222-0208 - �• I Mt ' t � i y • I Stillwater • 361 �,•--� • _ Lake Elmo Saint Paul • i ' �R,., 94�; -.. v � 1 s y , 5 Woodbu • J% r� • 't • f W. 46 ALLIANT SUNDANCE STILLWATER II Traffic Impact Analysis PAGE 2.2.2 Roadway / Intersection Characteristics In addition to traffic volume data collection, observations were completed to identify roadway / intersection characteristics within the study area (i.e., geometry, posted speed limits, and traffic controls), which are summarized in Table 1 and Table 2. These are also shown in Figure 2 along with collected peak hour traffic volumes and historical Annual Average Daily Traffic (AADT) volumes within the study area. Table 1. Roadway Characteristics Roadway Manning Avenue 2-Lane Undivided w/ Turn Lanes 55 mph Minor Arterial 80th Street 2-Lane Undivided 40 mph Minor Collector Abercrombie Lane 2-Lane Undivided 30 mph Local Road CSAH 12 (75th Street) 2-Lane Undivided w/Turn Lanes 50 mph Minor Arterial Maryknoll Drive 2-Lane Undivided 30 mph Local Road (1) Washington County Functional Classifications Table 2. Intersection Characteristics (1) L = Left -Turn, T = Through, R = Right -Turn, Lanes Separated by "/" 2.3 HISTORICAL TRAFFIC VOLUMES A comparison of historical traffic volumes along Manning Avenue, 80t" Street, and CSAH 12 was completed to understand both historical traffic patterns and future impacts on the adjacent roadway network due to the development. This included a review of historical annual average daily traffic (AADT) volumes collected via MnDOT's Traffic Forecasting & Analysis website and completion of a least squares analysis using MnDOT's Traffic Forecast for Cumulative ESALs worksheet was also completed. Based on the historical traffic volumes and completed least squares analysis a background annual growth rate of one percent was selected to account for continued traffic volume growth and any unknown future developments in the area which may see increased traffic volumes on the adjacent roadway network. 2.3.1 Forecast Year 2025 No Build Traffic Volumes It is anticipated that construction will be completed in 2025, with a certificate of occupancy expected shortly thereafter. Utilizing the one percent annual growth rate, forecast year 2025 (after development completion) no build a.m. and p.m. peak hour turning movement volumes were developed, summarized in Figure 3. Alliant No. 222-0208 Both Street speed "=w 401w '" Sundance Development � 1 (IM J , - 44 ,� g ' s e Lane Configuratlan Dally }h . �L y r \/ + ), .� Ay '`�.. .. W. saaWnce SdUwxta TIA "gillre 3 247JNo BoOd Di Volumes ALLIANT oALLIANT SUNDANCE STILLWATER 11 TrafficlmpactAnalysis PAGE 6 2.4 EXISTING YEAR 2023 & FORECAST YEAR 202-5 NO BUILD CONDITIONS An existing year 2023 and forecast year 2025 (after development completion) no build intersection capacity analysis was completed using Synchro / SimTraffic software to establish a baseline condition to which future traffic operations could be compared. Capacity analysis results identify a Level of Service (LOS), which indicates the quality of traffic flow through an intersection. Intersections are given a ranking from LOS A through LOS F. The LOS results are based on average delay per vehicle, which correspond to the delay threshold values shown in Table 3. LOS A indicates the best traffic operation, with vehicles experiencing minimal delays. LOS F indicates an intersection where demand exceeds capacity, or a breakdown of traffic flow. A key measure of operational effectiveness is the side -street LOS. Long delays and poor LOS can occur on side -street approaches even if the overall intersection is functioning well, for both intersections controlled by a traffic control and side -street stop signs, making side -street LOS a valuable design criterion. Table 3. Level of Service Criteria Delay per Vehicle (seconds) Level of Service Description Signalized Unsignalized Intersection Intersection A Free Flow: Low volumes and no delays. 0 - 10 0 - 10 B "" ""' ®""' ®""' "" Stable Flow: Speeds restricted by travel conditions, minor delays. > 10 - 20 > 10 - 15 C ® ® ® ® Stable Flow: Speeds and maneuverability closely controlled due to higher volumes. >20-35 >15-25 D ®,.... ®__, ®,.,,,,.... ®........ .......®. Stable Flow: Speeds considerably affected by change in operating conditions. High density traffic restricts maneuverability, volume near capacity. >35-55 >25-35 E ®® ® ® ®.....® ®.... Unstable Flow: Low speeds, considerable delay, volume at or slightly over capacity. > 55 - 80 > 35 - 50 Forced Flow: Very low speeds, volume exceed capacity, long delays with stop and go traffic. > 80 > 50 ®® ® ®® ®®®®® Source: Highway Capacity Manual, 2010 Edition, Transportation Research Board, Exhibits 18-4 & 19-1. After LOS, the second component of the capacity analysis is a study of vehicular queuing, or the lineup of vehicles waiting to pass through an intersection. An intersection can operate with an acceptable LOS, but if queues from the intersection block entrances to turn lanes or adjacent driveways, unsafe operating conditions could result. The 95th percentile queue, or the length of queue with only a five percent probability of being exceeded during an analysis period, is considered the standard for design purposes. 2.4.1 Intersection Capacity Analysis The existing intersection year 2023 and forecast year 2025 no build capacity analysis was performed for the study intersections during the a.m. and p.m. peak hours observed by Alliant Engineering on Thursday, March 30th, 2023. Results of the existing year 2023 intersection capacity analysis presented in Table 4 indicate that all study intersections currently operate at overall LOS A or better during the a.m. and p.m. peak hours under existing year 2023 traffic volumes except for CSAH 12 & Maryknoll Drive which operates at LOS B. In addition, no significant side -street delay or queuing issues were observed in the field or traffic simulations. Detailed operations and queuing analysis results are presented in the Appendix. Alliant No. 222-0208 46 ALLIANT SUNDANCE STILLWATER II Traffic Impact Analysis Table 4. Existing Year 2023 Intersection Capacity Analysis Overall Intersection LOS/ Worst Approach LOS Overall Intersection Delay/ Worst Approach Delay PAGE 7 Results of the forecast year 2025 no build intersection capacity analysis presented in Table 5 indicate that all study intersections will operate at overall LOS A or better during the a.m. and p.m. peak hours under forecast year 2025 no build traffic volumes except for CSAH 12 & Maryknoll Drive which operates at LOS B. In addition, no significant side -street delay or queuing issues were observed in the field or traffic simulations. Detailed operations and queuing analysis results are presented in the Appendix. Table 5. Forecast Year 2025 No Build Intersection Ca Ana Manning Avenue & 80th Street A / D 9.5 / 37.7 A / C 5.3 / 34.6 80th Street & Abercrombie Lane A / A 0.9 / 2.9 A / A 0.9 / 3.9 CSAH 12 & Maryknoll Drive B / D 15.4 / 40.5 B / D 11.8 / 44.4 Overall Intersection LOS/ Worst Approach LOS Overall Intersection Delay/ Worst Approach Delay 3. Proposed Development The proposed development consists of 187 multifamily housing units and is shown in Figure 4. The development currently includes 17 buildings for the 187 multifamily housing units and one clubhouse. Full access to the site is provided along 80th Street, approximately 700 feet east of Manning Avenue. As previously noted, the access for the proposed development aligns directly across from Abercrombie Lane, an existing T-intersection serving as the primary access to a similar existing multifamily housing development along the north side of 80th Street. The most recent development site plan is included in the Appendix for reference. Alliant No. 222-0208 r r M ' it it •'rxrr:,}y✓:•i ..�'.�. .�N•n r. J. Op 41k Sundance Stillwater TIA Figure 4 Proposed Site Plain ALLIANT oALLIANT SUNDANCE STILLWATER 11 TrafficlmpactAnalysis PAGE 9 3.1 TRIP GENERATION To account for traffic impacts associated with the proposed development, trip generation estimates were developed for the weekday a.m. and p.m. peak hours as well as on a daily basis. The estimates were developed utilizing trip generation rates for similar land uses as documented in the ITE Trip Generation Manual, 11t" Edition. 3.1.1 ITE Trip Generation Manual The ITE Trip Generation Manual was utilized to estimate the trip generation potential for the proposed development only, as no additional developments are currently being built near the proposed development. The ITE Trip Generation Manual provides peak hour and daily trip generation rates based on studies of similar land uses. Estimated site generated traffic based on the ITE Trip Generation Manual is detailed in Table 6. Table 6. Trip Generation Estimate Source: Institute of Transportation Engineers (ITE)Trip Generation Manual, 11th Edition. Note: Multifamily Housing (Low -Rise) assumes 1 to 3 floors. (1) Trips generated for the a.m. and p.m. peak hours of the adjacent roadway network. (2) Pass -By Trips and Multi -Use Reduction not applicable. Results of the trip generation estimates indicate the proposed development is expected to generate approximately 75 a.m. peak hour, 95 p.m. peak hour, and 1,260 daily trips. Based on the methodology described in the ITE Trip Generation Manual, pass -by trips and multi -use reductions were not applied. 3.1.2 Trip Distribution and Assignment The distribution of site -generated traffic was estimated based on a review of existing traffic volumes (collected in March 2023), traffic patterns, and engineering judgement. As the 80t" Street & Abercrombie Lane intersection serves as the primary access for an existing multifamily housing development along the north side of 80th Street, the distribution of trips to / from the proposed development is likely to be similar. Traffic patterns at this intersection suggest the directional split should be different by both peak hour and by direction (entering / exiting). The estimated proposed development directional distributions are shown in Figure 5. These trip distributions were applied to the respective estimated site -generated traffic volumes to generate development added trips, shown in Figure 6, which were added to the 2025 no build traffic volumes for the adjacent roadway network to generate 2025 build traffic volumes shown in Figure 7. It should be noted that the intersection of CSAH 12 & Boutwell Road is right -in / right -out, so all eastbound 80t" Street trips destined for Stillwater would utilize the CSAH 12 & Maryknoll Drive intersection with all westbound trips returning from Stillwater utilizing the free right at CSAH 12 & Boutwell Road (not modeled). Alliant No. 222-0208 _r :.'- ► — �.I AM Pmki jow 4L Sandanm Stflhndcr Tr.A 41 ALLIANT -. -- A6 • C �. t PI I I r. - � � ■!Y� Mort d 1, wf..;" ,," I G! f 7v P" �- saaWnce SdUwxta TIA Figum 6 Added DeveJepmeat Tros ALLIANT saaWnce SdUwxta TIA Figam 7 2025 BaHd Di Volumes ALLIANT eALLIANT SUNDANCE STILLWATER 11 TrafficlmpactAnalysis PAGE 13 4. Future Conditions Analysis To help determine near -term impacts associated with the proposed development, future build conditions (i.e., one year after opening) were evaluated assuming all units were occupied. Forecast year 2025 build traffic volumes were developed utilizing the previously documented site -generated traffic volumes. 4.1 FORECAST YEAR 2025 BUILD CONDITIONS — INTERSECTION CAPACITY ANALYSIS To understand the extent to which the proposed development impacts the study area roadway network, forecast year 2025 build conditions were analyzed. Results of the forecast year 2025 build intersection capacity analysis presented in Table 7 indicate that all study intersections are expected to perform at overall LOS B or better during the a.m. and p.m. peak hours under forecast year 2025 build traffic volumes. In addition, no significant side -street delay or queuing issues were observed in the traffic simulations. The intersection of Manning Avenue & 80th Street decreases from an overall LOS A to a high -performing LOS B under a.m. peak hour build conditions. However, the overall change in delay is only 2.5 seconds (9.5 to 12.0) with the threshold between LOS A and LOS B being 10.0 seconds. Detailed operations and queuing analysis results are presented in the Appendix. Table 7. 2025 Build Intersection Capacity Analysis Forecast Year 2025 Build Conditions Overall Intersection LOS/Worst Approach LOS Overall Intersection Delay/Worst Approach Delay Alliant No. 222-0208 46 ALLIANT SUNDANCE STILLWATER II Traffic Impact Analysis PAGE 14 5. Site Plan Review A review of the proposed site plan was completed to identify any issues and recommend potential improvements regarding vehicle ingress / egress, internal circulation, and pedestrian / bicycle connectivity: • Truck turning movements should be reviewed to ensure that delivery, garbage / recycling trucks, fire trucks, etc. have adequate accommodations to negotiate the internal parking lot. • There is existing sidewalk along the east side of Abercrombie Lane, with a substantial multi -use trail network along the north side of 80th Street and the east side of Manning Avenue. Sidewalk is provided within the development site along the east side of Abercrombie Lane connecting to the existing trail network to the north. Improvements (ramps, signing, etc.) to ensure pedestrians and bicyclists can cross from the development, and are visible when doing so, may be considered. • Sidewalk is not provided between Building 2 and Building 3 in the southeast corner of the development. As such, a crossing (ramps, signing, etc.) of the development ring -road near Building 3 may be desirable to accommodate residents attempting to walk to the Clubhouse / dog park. • Queues entering the development from 801h Street are expected to be minimal. Traffic control (stop - signs, yield sign, etc.) at the T-intersection of Abercrombie Lane and the development ring -road should be considered if safety and internal traffic circulation becomes an issue. 6. Conclusions & Recommendations The following study conclusions / recommendations are offered for consideration: • The proposed development would be expected to generate approximately 75 a.m. peak hour, 95 p.m. peak hour, and 1,260 daily trips for the current development plan. • Results of the existing year 2023 and forecast year 2025 no build and build intersection capacity analyses indicate that all study intersections are expected to operate at overall LOS B or better during the a.m. and p.m. peak hours. Furthermore, no significant delay or queuing issues were observed. o The intersection of Manning Avenue & 80th Street decreases from an overall LOS A to a high - performing LOS B under a.m. peak hour build conditions. However, the overall change in delay is only 2.5 seconds (9.5 to 12.0) with the threshold between LOS A and LOS B being 10.0 seconds. A review of the proposed site plan was completed to identify any issues and recommend potential improvements regarding vehicle ingress / egress, internal circulation, and pedestrian / bicycle connectivity. A summary is provided in Section 5.0: Site Plan Review. Alliant No. 222-0208 Appendix SUNDANCE STILLWATER (STILLWATER, MN) TRAFFIC IMPACT ANALYSIS ALLIANT ENGINEERING, INC. 733 S Marquette Ave #700, Minneapolis, MIN 55402 Intersection: Manning Avenue & 80th Street Site Code: 100 Date: 3/30/2023 Ref Pt: N/A Duration: 7:00-9:00, 16:00-18:00 Page No: 1 of 3 **BREAK** 16:00 1 79 80 11 2 13 141 20 161 0 254 16:15 4 92 96 10 5 15 152 26 178 0 289 16:30 1 107 108 12 -- 12 1 143 19 163 0 283 16:45 3 103 106 12 3 15 1 165 30 196 0 317 Hour Total 9 381 390 45 -- TO 55 -- - 9r 2-601 95 698 -- 1143 17:00 3 102 105 16 2 18 2 1 147 22 170 0 293 2 17:15 -- 87 87 13 1 14 1 -- 157 21 178 0 279 1 17:30 3 93 96 12 2 14 -- 132 32 164 0 274 17:45 1 76 77 8 -- 8 -- 104 17 121 0 206 -- Hour Total 7 358 365 49 5 54 3 1 540 92 633 -- 1052 3 Grand Total -- 30 1875 1 1906 -- -- 322 1 41 364 3 -- 9 1607 250 1966 -- -- -- 1 5 6 4142 3 • of App. 0.0% 1.6% 98.4% 0.1% 0.0% 88.5% 0.3% 11.3% 0.0% 0.5% 86.1% 13.4% 0.0% 0.0% 16.7% 83.3% • of Total 0.0% 0.7% 45.3% 0.0% 46.0% 0.0% 0.0% 7.8% 0.0% 1.0% 8.8% ##### 0.0% 0.2% 38.8% 6.0% 45.1% 0.0% 0.0% 0.0% 0.0% 0.1% 0.1% 0.0% Cars Total -- 29 1841 1 1871 -- -- 317 -- 38 355 3 -- 9 1579 250 1838 -- -- -- -- 5 5 -- 4069 3 Cars % of 0.0% 96.7% 98.2% 100% 98.2% 0.0% 0.0% 98.4% 0.0% 92.7% 97.5% ##### 0.0% 100% 98.3% 100% 98.5% 0.0% 0.0% 0.0% 0.0% 100% 83.3% 0.0% 98.2% Movement Trucks Total -- 1 34 - 35 - -- 5 1 3 9 -- - 28 -- 28 - -- -- I -- I -- 73 Trucks % of 0.0% 3.3% 1.8% 0.0% 1.8% -- 0.0% 1.6% 100% 7.3% 2.5% 0.0% 0.0% 1.7% 0.0% 1.5% -- 0.0% 0.0% 100% 0.0% 16.7% -- 1.8% Movement ALLIANT ENGINEERING, INC. 733 S Marquette Ave #700, Minneapolis, MIN 55402 Intersection: 80th Street & Abercrombie Lane Site Code: 200 Date: 3/30/2023 Ref Pt: N/A Duration: 7:00-9:00, 16:00-18:00 Page No: 1 of 3 **BREAK** 16:00 1 5 6 7 5 12 0 8 13 21 39 16:15 3 2 5 16 1 17 0 8 22 30 52 16:30 3 5 8 6 2 8 0 2 18 20 36 16:45 2 4 6 13 2 15 0 12 21 33 54 Hour Total 9 16 25 42 30 74 104 181 17:00 8 5 13 1 9 1 10 0 9 17 26 49 1 17:15 3 3 6 -- 8 1 9 0 9 13 22 37 17:30 -- 2 2 1 12 4 16 0 10 25 35 53 1 17:45 1 4 5 -- 5 3 8 0 7 11 18 31 -- Hour Total 12 14 26 2 34 9 43 -- 35 66 101 170 2 Grand Total 31 99 130 5 -- -- 265 30 295 2 -- -- -- -- 0 -- -- 83 201 -- 284 2 709 9 • of App. 0.0% 23.8% 0.0% 76.2% 0.0% 0.0% 89.8% 10.2% 0.0% 0.0% 0.0% 0.0% 0.0% 29.2% 70.8% 0.0% • of Total 0.0% 4.4% 0.0% 14.0% 18.3% 55.6% 0.0% 0.0% 37.4% 4.2% 41.6% 22.2% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 11.7% 28.3% 0.0% 40.1% 22.2% Cars Total -- 31 -- 94 125 4 -- -- 260 29 289 2 -- -- -- -- 0 -- -- 81 199 -- 280 2 694 8 Cars % of 0.0% 100% 0.0% 94.9% 96.2% 50.0% 0.0% 0.0% 98.1% 96.7% 98.0% 25.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 97.6% 99.0% 0.0% 98.6% 25.0% 97.9% Movement Trucks Total -- - -- 5 5 1 -- -- 5 1 6 -- -- -- -- -- 0 - -- 2 2 - 4 -- 15 1 Trucks % of 0.0% 0.0% 0.0% 5.1% 3.8% ##### 0.0% 0.0% 1.9% 3.3% 2.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 2.4% 1.0% 0.0% 1.4% 0.0% 2.1% Movement ALLIANT ENGINEERING, INC. 733 S Marquette Ave #700, Minneapolis, MN 55402 Intersection: CSAH 12 (75th Street) & Maryknoll Drive Site Code: 300 Date: 3/30/2023 Ref Pt: N/A Duration: 7:00-9:00, 16:00-18:00 Page No: 1 of 3 **BREAK** 16:00 -- 6 14 1 21 -- -- 1 51 13 65 -- -- 2 3 2 7 -- -- 3 56 4 63 -- 156 -- 16:15 -- 10 12 1 23 -- -- -- 50 1 51 -- -- 5 11 2 18 -- -- 4 52 3 59 -- 151 -- 16:30 -- 8 11 4 23 -- -- 2 50 5 57 -- -- 4 7 3 14 -- -- 5 60 6 71 -- 165 -- 16:45 -- 13 9 1 23 -- -- 2 39 2 43 -- -- 5 11 6 22 -- -- 3 72 6 81 -- 169 -- Hour Total -- 37 46 7 90 -- -- 5 190 21 216 16 32 13 61 - -- 15 240 19 274 -- 641 -- 17:00 -- 9 9 2 20 -- -- 4 41 1 46 -- -- 3 11 2 16 -- -- 7 53 4 64 -- 146 -- 17:15 -- 13 11 1 25 -- -- 2 42 1 45 -- -- 2 6 2 10 -- -- 3 60 4 67 -- 147 -- 17:30 -- 16 8 -- 24 -- -- 1 34 -- 35 -- -- 1 5 5 11 -- -- 3 77 2 82 -- 152 -- 17:45 -- 15 5 1 21 -- -- 2 18 -- 20 -- -- 1 6 1 8 -- -- 1 55 3 59 -- 108 -- Hour Total -- 53 33 4 90 -- -- 9 135 2 146 - -- 7 28 10 45 -- -- 14 245 13 272 - 553 -- Grand Total -- 215 151 30 396 1 -- 23 672 29 724 -- -- 55 77 35 167 -- -- 50 820 50 920 -- 2207 1 %of App. 0.0% 54.3% 38.1% 7.6% 0.0% 3.2% 92.8% 4.0% 0.0% 32.9% 46.1% 21.0% 0.0% 5.4% 89.1% 5.4% %of Total 0.0% 9.7% 6.8% 1.4% 17.9% ##### 0.0% 1.0% 30.4% 1.3% 32.8% 0.0% 0.0% 2.5% 3.5% 1.6% 7.6% 0.0% 0.0% 2.3% 37.2% 2.3% 41.7% 0.0% Cars Total -- 207 151 28 386 1 -- 22 664 29 715 -- -- 54 76 35 165 -- -- 50 813 49 912 -- 2178 1 Cars %of 0.0% 96.3% 100% 93.3% 97.5% ##### 0.0% 95.7% 98.8% 100% 98.8% 0.0% 0.0% 98.2% 98.7% 100% 98.8% 0.0% 0.0% 100% 99.1% 98.0% 99.1% 0.0% 98.7% Movement Trucks Total -- 8 -- 2 10 -- -- 1 8 -- 9 - -- 1 1 -- 2 -- -- -- 7 1 8 -- 29 - Trucks%of 0.0% 3.7% 0.0% 6.7% 2.5% -- 0.0% 4.3% 1.2% 0.0% 1.2% -- 0.0% 1.8% 1.3% 0.0% 1.2% -- 0.0% 0.0% 0.9% 2.0% 0.9% -- 1.3% Movement Sundance Stillwater TIA - Measures of Effectiveness Summary Existing Year 2023 Conditions Overall Intersection LOS/ Worst Approach LOS Overall Intersection Delay/ Worst Approach Delay Forecast Year 2025 No Build Conditions Overall Intersection LOS/ Worst Approach LOS Overall Intersection Delay/ Worst Approach Delay Forecast Year 2025 Build Conditions Overall Intersection LOS/ Worst Approach LOS Overall Intersection Delay/ Worst Approach Delay Forecast Year 2025 No Build Conditions - AM Peak Hour Forecast Year 2025 No Build Conditions - PM Peak Hour Forecast Year 2025 Build Conditions - AM Peak Hour Forecast Year 2025 Build Conditions - PM Peak Hour Washington BOARD AGENDA FYI County October 24, 2023 - 9:00 AM 1. 9:00 Washington County Regional Railroad Authority 2. U A. Roll Call Pledge of Allegiance Board of Commissioners Fran Mixon, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3, Chair Karla Bigham, District 4 Michelle Clasen, District 5 B. Approval of the June 20, 2023, Regional Railroad Authority meeting minutes. C. Adopt Amendment No. 5 to extend the existing option agreement between Washington County Regional Railroad Authority and Washington County Community Development Agency for the purchase of the remaining excess property at Newport Transit Station until October 1, 2024, and modify the purchase price to $1,419,402. 9:20 D. Adjourn Washington County Board of Commissioners Convenes 9:20 Roll Call 9:20 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 exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 9:30 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the October 3, 2023, County Board meeting minutes. B. Approve separate contracts for legal representation for children in need of protection or services (CHIPS), termination of parental rights (TPR) and permanency cases for the period of January 1, 2024, through December 31, 2028, with Greg Schmidt, John Chitwood, Theresa Paulson, Amy Senn, and Viet -Hann Winchell. C. Approval of voting delegates for the 2023 Association of Minnesota Counties Annual Meeting to be held December 4-6, 2023. D. Approve Contract No. 15939 with Insight Public Sector, Inc. in the amount of $300,000 for the period of signature to October 31, 2024. 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 N870shin ton g CountyConsent Calendar continued E. Approve an application for a 1-4 day Temporary On -Sale Liquor License Permit from the Valley Chamber Chorale for the Annual Christmas with the Valley Chamber Chorale event December 8, 2023, through December 10, 2023, being held at St. Croix Prep Performing Arts Center, which is located at the St. Croix Upper School, 4260 Stagecoach Trail North in Baytown Township. F. Approve continuation of two special project Survey Technician I positions in Public Works through the end of 2024 as included in the proposed budget. G. Adopt a resolution allowing the Minnesota Department of Natural Resources to proceed with the acquisition of 50 acres of Dunes LLC property for inclusion in the Grey Cloud Dunes Scientific and Natural Area in Cottage Grove. H. Approve Contract No. 15942 between Washington County and Visual Labs, Inc. for the software subscription services for body worn, in -vehicle and interview room cameras. L Adopt a resolution authorizing the Washington County Sheriffs Office to accept a donation from the Hugo Yellow Ribbon Network for $3,300 for the Shop with a Cop event. J. Award bid to Guardian Fleet Safety, LLC and authorize execution of Contract No. 15940 in the amount of $1,394,821.00 for the purchase and build of twenty 2023 Ford Police Interceptor Utilities. 5. 9:30 Community Services - Beth Pierce, Deputy Director A. Approval of new 1.0 FTE Office Aide position in the Community Services Department. 6. 9:40 Property Records and Taxpayer Services - Amy Stenftenagel, Director A. Approve Election Services Joint Power Agreements between Washington County and the Cities of Birchwood Village, Cottage Grove, Forest Lake, Grant, Landfall, Pine Springs, St Paul Park, and Woodbury. 7. 9:50 Public Works - Sharon Price, Property Acquisition Manager A. Adopt a resolution to execute the Option Agreement for the purchase of Kelley Land and Cattle property within May Township for inclusion into Big Marine Park Reserve. 10:05 Sheriffs Office - Doug Berglund, Emergency Services Manager A. Adopt a resolution to approve the 2023 All -Hazard County Mitigation Plan. Assistive listening devices are available for use in the County Board Room if you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 9. 10:20 General Administration - Kevin Corbid, County Administrator A. Approval to negotiate and execute a contract with Larkin Hoffinan Daly & Lindgren Ltd. to provide state lobbying services to Washington County for an amount not to exceed $70,000 annually for the period of November 1, 2023, to October 31, 2025. B. Recognition of Belwin Conservancy by County Emergency Management. C. Appointment of voting delegate and alternate for the 2023 Minnesota Counties Intergovernmental Trust (MCIT) Annual Meeting to be held December 4, 2023. D. Motion to cancel the Public Hearing set for November 7, 2023, regarding Local Housing Trust Fund Ordinance. 10. 10:40 Commissioner Reports - Comments - Questions This period oftime shall be used by the Commissioners to report to thefull Board on committee activities, make comments on matters ofinterest 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 ofdiscussion will be scheduled for a future board meeting. 11. 10:55 Board Correspondence 12. 10:55 Adjourn 13. 11:00 Board Workshop with Washington County Community Development Agency A. Findings of the Washington County Labor Demand and Supply Studies. 14. 11:40 Board Workshop with Public Health & Environment A. Review Opioid Settlement, Structure and Process 15. 12:25 Break 16. 12:40 Board Workshop with Public Works A. Update on the Highway 61 Visioning Study and seeking feedback on impacts to the Regional Rail Property. 17. 1:10 Board Workshop with Administration A. Review Citizen Boards and Committee Reappointments for 2024 18. 1:40 Finance Committee Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer