Loading...
HomeMy WebLinkAbout2024-02-20 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov REVISED AGENDA CITY COUNCIL MEETING February 20, 2024 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Proclamation – George Thole Day 2. Certificate of Appreciation for Mike Mallet, Patrol Officer V. OPEN FORUM – open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Community Development Director 8. City Clerk 9. City Attorney 10. City Administrator VII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 11. February 6, 2024 Workshop and Regular Meeting Minutes 12. Payment of Bills 13. 2024 Street Project Approve Plans and Specs and Order Advertisement of Bids – Resolution 14. 2024 Street Project Saw Cutting Agreement 15. Aiple Lift Station Engineering Services Agreement 16. City Garage Fence and Gate Project Agreement 17. Encroachment Agreement for 112 Harriet St S 18. Gambling Premise Permit for American Legion Post 48 at Gio’s – Resolution 19. I/I Repair at Shoddy Mill Agreement 20. Parking Restriction on Greeley Street – Resolution 21. St. Croix Valley Rec Center Ice Time Agreement with Mahtomedi School District 22. St. Croix Valley Rec Center Reroof Project Agreement 23. Special Service District Board Appointments 24. Temporary Liquor License for Ascension Church 25. Water Street Dumpster Rooftop Project Agreement 26. Agreement Dedicating Land-Use License for Brown’s Creek Restoration Project VIII. PUBLIC HEARINGS – None IX. UNFINISHED BUSINESS X. NEW BUSINESS 27. Possible Adoption of New City Code – Ordinance 1st Reading 28. 2024 Fee Schedule Amendment – Ordinance 1st Reading cStillwater ~ ~J The Bi r thplace of Minnesota ) Page 2 of 2 City Council Meeting Agenda February 20, 2024 XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING February 20, 2024 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Proclamation – George Thole Day 2. Certificate of Appreciation for Mike Mallet, Patrol Officer V. OPEN FORUM – open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Community Development Director 8. City Clerk 9. City Attorney 10. City Administrator VII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 11. February 6, 2024 Workshop and Regular Meeting Minutes 12. Payment of Bills 13. 2024 Street Project Approve Plans and Specs and Order Advertisement of Bids – Resolution 14. 2024 Street Project Saw Cutting Agreement 15. Aiple Lift Station Engineering Services Agreement 16. City Garage Fence and Gate Project Agreement 17. Encroachment Agreement for 112 Harriet St S 18. Gambling Premise Permit for American Legion Post 48 at Gio’s – Resolution 19. I/I Repair at Shoddy Mill Agreement 20. Parking Restriction on Greeley Street – Resolution 21. St. Croix Valley Rec Center Ice Time Agreement with Mahtomedi School District 22. St. Croix Valley Rec Center Reroof Project Agreement 23. Special Service District Board Appointments 24. Temporary Liquor License for Ascension Church 25. Water Street Dumpster Rooftop Project Agreement VIII. PUBLIC HEARINGS – None IX. UNFINISHED BUSINESS X. NEW BUSINESS 26. Possible Adoption of New City Code – Ordinance 1st Reading 27. 2024 Fee Schedule Amendment – Ordinance 1st Reading XI. COUNCIL REQUEST ITEMS ~ ii/water ~, ~ Th e Birthplace of Minnesota J Page 2 of 2 City Council Meeting Agenda February 20, 2024 XII. ADJOURNMENT City of Stillwater, Minnesota Vice Mayor Proclamation WHEREAS, George Thole: and his family moved to Stillwater in 1971. He taught physical education for 28 years at Stillwater Area High School with the following accomplishments:  Led the boys’ football program for 29 seasons, with a record of 257-69-2, which ranks 6th in the state;  Stillwater Teams won 4 State Championships, and 2 State Championship Runners Up under George’s leadership;  13 time Conference and Section Championships;  Minnesota Coach of the Year 1982; Multiple Conference Coach of the Year;  Other personal achievements include 95 coaching awards, 13 community awards, and 6 Hall of Fame inductions; and  George has remained active in the Stillwater community. He served on the District 834 School Board from 2000-2003, has been a regular at sporting events, and wrote a sports column in the Stillwater Gazette. NOW THEREFORE BE IT RESOLVED, that, I, Michael Polehna, Vice Mayor of the City of Stillwater, do hereby proclaim February 21, 2024 as ~George Thole Day~ in the City of Stillwater in recognition of the lifetime service to citizens of the St. Croix Valley and encourage the citizens of Stillwater to congratulate George and his family on his accomplishments. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Stillwater to be affixed this 20th day of February 2024.   S            On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Mike Mallet For his contributions, dedication, professionalism, outstanding performance, and distinguished service as Patrol Officer to the City and its citizens for over 6 years, and wishes him well in the future,   and for outstanding service in support of the City of Stillwater’s mission. Michael Polehna, Vice Mayor     Date of recognition:  February 20, 2024    STILLWATER CITY COUNCIL SERVICE AWARD cShillvYater_ ---=-==-~ ~ ....;;;; ' THE B I R T H PL A Ct O f M I NN ES O T A J '1 -'_J Automated Yard Waste Collection Coming Soon Dear Stillwater Resident, We’re excited to implement automated yard waste collection with standardized carts in your community. Automated collection is more efficient and cleaner for your community. As part of this initiative, every household will receive a 96-gallon green cart with a black lid labeled Yard Waste. There will be no additional cost for this service as WM will be responsible for purchasing, delivering, and maintaining the yard waste carts. Automated Service Information • Cart delivery will begin in March. • Automated yard waste collection will start on April 15 and continue until November 30. • Carts must be used before WM will collect bags. • Yard waste will be collected on your regular collection day. • Please have your carts at the curb by 6:30 a.m. on your collection day. Please place your carts at least 3 feet apart and 3 feet away from obstacles (trees, cars, mailboxes, etc.) to allow the automatic arm to lift and empty them. Place the cart’s wheels toward your house. 0000 Midwest Drive City, ST 00000-0000 3 ft.3 ft. Re v i s e d 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES February 6, 2024 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:32 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht (arrived approximately 4:50), Polehna Absent:None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Public Works Director Sanders Library Director Troendle OTHER BUSINESS 2024 Legislative Agenda Lobbyists Ann Lenczewski and Angela Huss from Lockridge Grindal Nauen shared their strategy for the upcoming legislative session. Human Rights Commission Childcare Survey Human Rights Commission (HRC) Chair Sirid Kellermann and Commissioner Blaise Junker gave a presentation on issues affecting affordable childcare. They requested the Council’s approval for the HRC to proceed with a survey to research whether affordable childcare presents a substantial challenge to Stillwater residents. Councilmembers voiced support for the survey and related research by the HRC. City Monument Review Kathleen Anglo, TKDA, presented three possible concepts for an entrance monument at the southern City limits. Mayor Kozlowski suggested placing the entrance sign just south of the Brick Alley near St. Croix Boat and Packet, where it may be less prone to vandalism. Councilmember Junker noted the existing sign featuring civic organizations needs repair. The Council’s consensus was to proceed with the white acrylic lighted sign with the bridge below, the City logo on top, and consider a location at the edge of downtown. cStillwater ~~ ......, ' The Birthplace of Minnesota J Re v i s e d City Council Meeting February 6, 2024 Page 2 of 7 STAFF REPORTS Public Works Director Sanders reported that the Met Council granted the City an additional $10,000 for the Water Efficiency Rebate Program, which expires in June 2024, as well as a $59,000 Inflow and Infiltration grant. He gave a personnel update. Fire Chief Glaser stated there were two mutual aid house fires recently and the DNR predicts an increase in wildfires this spring. He reported on personnel and noted the upcoming February 26 Fire Day at the State Capitol. Finance Director Provos stated the new timesheet and AP processes are going well; and auditors are in house. Community Development Director Gladhill noted that Parking Lot 8 is being resurfaced, and staff are reviewing several pre-application concept plans. City Clerk Wolf stated election training is underway; yard waste bins will be provided starting in March; and the new City Code book arrived from the publisher. City Attorney Land reviewed tonight’s CBD agenda item and added that possible legislative changes regarding cannabis laws may be discussed at the March 5 meeting. City Administrator Kohlmann informed the Council that there is a possible new organizer for Lumberjack Days; there were 13 applications for the Special Services District; IT manager candidates are in final interviews; Councilmembers and staff met with RETHOS about repurposing historic buildings; and a stock donation was made to the City. Library Director Troendle gave program updates and thanked the Fire Department for sprinkler system assistance. Mayor Kozlowski recessed the meeting at 5:48 p.m. 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 Police Chief Mueller Fire Chief Glaser Public Works Director Sanders Assistant City Engineer Abdullah PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Re v i s e d City Council Meeting February 6, 2024 Page 3 of 7 RECOGNITIONS OR PRESENTATIONS Certificate of Retirement for Chris Felsch, Police Investigative Sergeant – Resolution 2024-011 Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2024‐011, Certificate of Retirement - Chris Felsch. All in favor. Police Chief Mueller and the Council commended Sergeant Felsch upon retiring from his position as Police Investigative Sergeant after 31 years of serving the City. OPEN FORUM Jonathan Van Zee informed the Council of Nazi flyers posted around town, and Police Chief Mueller encouraged anyone else seeing such material to report it. CONSENT AGENDA January 16, 2024 Regular Meeting Minutes Payment of Bills Downtown Parking Commission Appointment Earned Sick and Safe Time Policy Revision – Resolution 2024‐012 Election Judge Appointments for 2024 Presidential Nomination Primary Election – Resolution 2024‐013 Employee Assistance Program Services Renewal Parking Permit Module Agreement with Passport Labs Parking Reservation for Biercycle Adventures – Resolution 2024‐014 Parking Reservation for Stillwater Trolley – Resolution 2024‐015 Preventative Maintenance Services Agreement with MK Mechanical Public Works Purchase Request for New Loader with Plow and Wing Rolloff Haulers License for Gene’s Disposal Service Inc. Street Right of Way Vacation Amendment – Resolution 2024‐016 Waste Management Contract Amendment for Yard Waste Collection Short Term Home Rental License for 239 Nelson St E Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS 2024 Street Improvement Project Feasibility Report and Public Hearing to Consider Street and Utility Improvements Assistant City Engineer Abdullah explained the 2024 Street Improvement Project, covering 3.52 miles of streets: 2.25 miles of mill and overlay, and 1.27 miles of full and partial pavement reconstruction. The total estimated cost is $3,301,368, to be funded through assessments, bonding, utility funding, and State Aid Funding (Greeley Street). Construction will take place May-October 2024 and the assessment hearing will be in October. 24 galvanized water services will be replaced and assessed to property owners per City policy. The assessment amounts are capped by the actual benefit the project would provide to the properties, and will be finalized when the project is finished. Re v i s e d City Council Meeting February 6, 2024 Page 4 of 7 Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2024‐017, Resolution Receiving Report and Calling Hearing on 2024 Street Improvement Project, Project 2024-02. All in favor. Mayor Kozlowski opened the public hearing. Sean Turnbull, 595 Newman Trail, stated assessing residents for street repairs is a moral question, considering how property taxes, sales taxes and other taxes have gone up. The streets in Liberty are not in bad shape and do not need curbs, they only need to be re- blacktopped. He asked the City to produce the contract that allows the City to assess property owners for maintaining the streets. He has talked to his attorney and they will take this on because he will not allow the City to assess him and others the amounts listed in the assessment roll, which is especially difficult for people on fixed incomes. Dave Bottger, 212 Greeley Street South, stated he is glad a crosswalk at Greeley and Olive is planned. However he questions the safety of having parking spaces and bike lanes together, and asked the Council to consider keeping them separate. Ian Elverum, 205 Walnut Street, noted that the intersection of Walnut and Greeley has a lot of accidents and near accidents. He would like to see a stop sign at the intersection. Janna Wallin, 928 Greeley Street South, requested clarification about what it means to have bike lanes and parking together. Assistant City Engineer Abdullah replied that the driving lane will be striped at 12 feet wide (rather than 23 feet) and whatever is left to the curb will be for parking and bikes. Parking normally takes 6-7 feet, so 3-4 feet will be left for the bicyclists to use. The Minnesota Department of Transportation (MnDOT) will not allow the City to stripe it specifically for biking because it is less than the MnDOT required width for a bike lane. Nance Purcell, 1017 Abbott Street West, echoed Mr. Turnbull’s concern about spending money to make the City more beautiful when there are so many needs in the City such as climate issues. She plans to redo her driveway and asked if she can file for a credit for the skirt portion; Mr. Abdullah replied no credit is available but the contractor can work with the City to coordinate the work. Anne Turnbull, 595 Newman Trail, asked what property taxes pay for. She pointed out if redone streets improve property value, then property taxes also increase. She feels it is unethical to assess property owners for streets; property taxes should be used. Mayor Kozlowski answered that the County, School District and City all receive property tax money. Property taxes pay for police, fire, library, salaries and insurance. Every year the City assesses for road work - every City in Minnesota does something similar. He has tried to find an alternative method for 12 years. If property taxes were used to fund street repairs, then everybody’s property taxes would go up by about 30%, and refunding property owners paying past assessments going back 10 years would bankrupt the City. Howard Lieberman, 914 Greeley Street South, stated he is willing to pay what is required to maintain the quality of the streets. He noted that businesses in the Liberty neighborhood have a difficult time attracting customers; some flexibility in the signage they are allowed might take some of the sting out of their assessments. He questioned the prudence of adding Re v i s e d City Council Meeting February 6, 2024 Page 5 of 7 a bike lane for the few who will use it. He also noted he has gotten quotes around $9,000- 10,000 for his water service as opposed to $5,000 noted in the City letter. Pat Moore, 914 Greeley Street South, asked about the timing if they have their water service replaced; and Mr. Abdullah replied it should be done just before the street work starts, in order to prevent tearing up of the new road. Paul Heerwald, 3625 Eben Way, asked about removal of trees in the boulevard that affect the sidewalks, and about irrigation systems that are in the boulevard. Mr. Abdullah replied trees that are lifting the sidewalk or affecting the curb will be removed as part of the general project costs, and some irrigation systems will be disrupted. Property owners should mark them as much as possible and the contractor will fix damages. Mr. Turnbull voiced anger at seeing the statement “the project is technically and financially feasible” because the assessment will price some residents out of their homes. He would like to know where is the contract that says he is subject to assessments. City Attorney Land responded that Minnesota Statute Chapter 429 gives the City the authority to assess property owners for public improvements. If the Council orders an improvement and makes assessments, it must prove there is a value to the property owner. There are appraisers who will justify that and the City has already hired an appraiser to determine the maximum value of the benefit to the property. Those who are disabled or over age 65 may apply for a deferral so the amount gets assessed to their property taxes, but they do not have to pay it until they do not qualify anymore, or until they sell their house. Miles Tibbetts, 663 Second Street, asked for information on applying for the over-65 deferral; Public Works Director Sanders answered that when the assessment hearing takes place in the fall, property owners will receive another letter describing the process how to get a deferral on the assessment if they are over 65. Heidi Rosebud, 110 Greeley Street South, stated she is very concerned about vehicle drivers getting out of their parked car when a bike is going by. She also would like a four-way stop sign at Greeley and Myrtle because she saw at least five major accidents there last year. Mr. Sanders stated the project is not adding a bike lane, only creating a 12-foot travel lane and an 11-foot parking lane wide enough for a car to park and a biker to ride in that shoulder area. It will be just a stripe. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt Resolution 2024‐018, Resolution Ordering Improvement and Preparation of Plans & Specifications for the 2024 Street Improvement Project, Project 2024-02. All in favor. UNFINISHED BUSINESS There was no unfinished business. Re v i s e d City Council Meeting February 6, 2024 Page 6 of 7 NEW BUSINESS CBD Establishment License for Stillwater Smoke Shop Plus City Attorney Land stated that a renewal application for a CBD (cannabinoid) Retail Establishment license was received from Stillwater Smoke Shop Plus. This matter was considered at the January 16, 2024 meeting, but the applicant was not present and the Council chose to give the applicant an opportunity to withdraw the application, therefore the application was continued to this meeting. The business came under new ownership as of October 2022. The owner passed the background check and submitted supporting documentation, which shows basic data that it may meet the criteria for 50% of sales related to CBD. While the location is in the correct zoning district, the business needs a conditional use permit. The business failed the compliance check in December 2023 and sold to an underage buyer. The administrative citation fine for violating the ordinance has been paid. The owner has submitted a letter to the City detailing rectifying measures he has taken since the compliance check failure. Councilmember Collins inquired about the Clover point of sale system and if that was required, noting it could eliminate a lot of problems; and City Attorney Land responded that it may be something we could consider. Mayor Kozlowski asked what the City does for tobacco and alcohol violations; and Ms. Land provided an overview of the statutory penalties associated with tobacco and alcohol. Mayor Kozlowski noted they paid their fine and provided their percentage information. There was discussion about IDs and scanning. Councilmember Junker asked if the license was currently operational; and Ms. Land answered that they were allowed to continue until this hearing. Councilmember Junker expressed his disappointment in the failed compliance check. He also noted that he was not pleased given the whole new cannabis situation we are in right now. He appreciated the updated information and agreed it was not a good situation that happened. He explained the steps to improve it. He was still disappointed that it failed the compliance check. Mayor Kozlowski discussed the limited tools to managing some of the issues involved in these licenses. He acknowledged the City is trying to protect and does not want to be overly draconian. He was fine with issuing the license knowing that they paid the fine and are adjusting their behavior. Councilmember Junker pointed out that since legislative changes came out last session, Stillwater has been conservative and put a moratorium on this situation. He noted the City has put a lot of effort into the cannabis situation the last two or three years. He stated that if he were an owner, he would be on his best behavior every day and every minute the store was open. This is a new thing and Stillwater has been conservative. He also noted that the City issued three licenses and only had to issue one. He reiterated the importance for license holders to not make any mistakes. Mayor Kozlowski indicated the disappointment is there but he was fine with the solution in front of them and the City will be discussing this more broadly in the next few weeks. He noted that the City does the best to apply rules regarding alcohol and tobacco. He also acknowledged the importance of processing these requests responsibly due to the City being a tourist destination. Re v i s e d City Council Meeting February 6, 2024 Page 7 of 7 Councilmember Collins asked if this was approved if it was good through 2024; and City Attorney Land responded that it was retro from January 1st to December 31st. However, there is a condition that they obtain a Conditional Use permit by May 1st, which should give them enough time to get through the Application process. Councilmember Polehna stated he agreed with Mayor Kozlowski on providing solutions and ways to improve, but noted we need to follow up and make sure these are being followed through on. Khalil Hammad, Stillwater Smoke Shop Plus, thanked the City for the opportunity to reapply. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt Resolution 2024‐019, Resolution Approving the Issuance of a CBD Retail Establishment License to Stillwater Smoke Shop Plus. 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 8:41 p.m. Michael Polehna, Vice Mayor ATTEST: Beth Wolf, City Clerk Resolution 2024‐011, Certificate of Retirement - Chris Felsch Resolution 2024‐012, Approving Earned Sick and Safe Time for 2024 Resolution 2024‐013, Appointing Election Judges and Fixing Compensation for the 2024 Presidential Nomination Primary Election Resolution 2024‐014, Resolution Granting Parking Stall Reservation to Biercycle Adventures, LLC for the Operation of Multi-Person Cycle Tours in 2024 and Rescinding Resolution 2023-021 Resolution 2024‐015, Resolution Granting Parking Stall Reservation to Rivertown Transportation, LLC dba Stillwater Trolley for the Operation of Trolley Tours in 2024 and Rescinding Resolution 2021-021 Resolution 2024‐016, Amended Resolution Vacating a Portion of Unbuilt Public Right-Of-Way Located Within the City of Stillwater, Minnesota Resolution 2024‐017, Resolution Receiving Report and Calling Hearing on 2024 Street Improvement Project Project 2024-02 Resolution 2024‐018, Resolution Ordering Improvement and Preparation of Plans & Specifications for the 2024 Street Improvement Projerct Project 2024-02 Resolution 2024‐019, Resolution Approving the Issuance of a CBD Retail Establishment License to Stillwater Smoke Shop Plus 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES February 6, 2024 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:32 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht (arrived approximately 4:50), Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Public Works Director Sanders Library Director Troendle OTHER BUSINESS 2024 Legislative Agenda Lobbyists Ann Lenczewski and Angela Huss from Lockridge Grindal Nauen shared their strategy for the upcoming legislative session. Human Rights Commission Childcare Survey Human Rights Commission (HRC) Chair Sirid Kellermann and Commissioner Blaise Junker gave a presentation on issues affecting affordable childcare. They requested the Council’s approval for the HRC to proceed with a survey to research whether affordable childcare presents a substantial challenge to Stillwater residents. Councilmembers voiced support for the survey and related research by the HRC. City Monument Review Kathleen Anglo, TKDA, presented three possible concepts for an entrance monument at the southern City limits. Mayor Kozlowski suggested placing the entrance sign just south of the Brick Alley near St. Croix Boat and Packet, where it may be less prone to vandalism. Councilmember Junker noted the existing sign featuring civic organizations needs repair. The Council’s consensus was to proceed with the white acrylic lighted sign with the bridge below, the City logo on top, and consider a location at the edge of downtown. cStillwater ~~ ......, ' The Birthplace of Minnesota J City Council Meeting February 6, 2024 Page 2 of 7 STAFF REPORTS Public Works Director Sanders reported that the Met Council granted the City an additional $10,000 for the Water Efficiency Rebate Program, which expires in June 2024, as well as a $59,000 Inflow and Infiltration grant. He gave a personnel update. Fire Chief Glaser stated there were two mutual aid house fires recently and the DNR predicts an increase in wildfires this spring. He reported on personnel and noted the upcoming February 26 Fire Day at the State Capitol. Finance Director Provos stated the new timesheet and AP processes are going well; and auditors are in house. Community Development Director Gladhill noted that Parking Lot 8 is being resurfaced, and staff are reviewing several pre-application concept plans. City Clerk Wolf stated election training is underway; yard waste bins will be provided starting in March; and the new City Code book arrived from the publisher. City Attorney Land reviewed tonight’s CBD agenda item and added that possible legislative changes regarding cannabis laws may be discussed at the March 5 meeting. City Administrator Kohlmann informed the Council that there is a possible new organizer for Lumberjack Days; there were 13 applications for the Special Services District; IT manager candidates are in final interviews; Councilmembers and staff met with RETHOS about repurposing historic buildings; and a stock donation was made to the City. Library Director Troendle gave program updates and thanked the Fire Department for sprinkler system assistance. Mayor Kozlowski recessed the meeting at 5:48 p.m. 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 Police Chief Mueller Fire Chief Glaser Public Works Director Sanders Assistant City Engineer Abdullah PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. City Council Meeting February 6, 2024 Page 3 of 7 RECOGNITIONS OR PRESENTATIONS Certificate of Retirement for Chris Felsch, Police Investigative Sergeant – Resolution 2024-011 Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2024‐011, Certificate of Retirement - Chris Felsch. All in favor. Police Chief Mueller and the Council commended Sergeant Felsch upon retiring from his position as Police Investigative Sergeant after 31 years of serving the City. OPEN FORUM Jonathan Van Zee informed the Council of Nazi flyers posted around town, and Police Chief Mueller encouraged anyone else seeing such material to report it. CONSENT AGENDA January 16, 2024 Regular Meeting Minutes Payment of Bills Downtown Parking Commission Appointment Earned Sick and Safe Time Policy Revision – Resolution 2024‐012 Election Judge Appointments for 2024 Presidential Nomination Primary Election – Resolution 2024‐013 Employee Assistance Program Services Renewal Parking Permit Module Agreement with Passport Labs Parking Reservation for Biercycle Adventures – Resolution 2024‐014 Parking Reservation for Stillwater Trolley – Resolution 2024‐015 Preventative Maintenance Services Agreement with MK Mechanical Public Works Purchase Request for New Loader with Plow and Wing Rolloff Haulers License for Gene’s Disposal Service Inc. Street Right of Way Vacation Amendment – Resolution 2024‐016 Waste Management Contract Amendment for Yard Waste Collection Short Term Home Rental License for 239 Nelson St E Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS 2024 Street Improvement Project Feasibility Report and Public Hearing to Consider Street and Utility Improvements Assistant City Engineer Abdullah explained the 2024 Street Improvement Project, covering 3.52 miles of streets: 2.25 miles of mill and overlay, and 1.27 miles of full and partial pavement reconstruction. The total estimated cost is $3,301,368, to be funded through assessments, bonding, utility funding, and State Aid Funding (Greeley Street). Construction will take place May-October 2024 and the assessment hearing will be in October. 24 galvanized water services will be replaced and assessed to property owners per City policy. The assessment amounts are capped by the actual benefit the project would provide to the properties, and will be finalized when the project is finished. City Council Meeting February 6, 2024 Page 4 of 7 Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2024‐017, Resolution Receiving Report and Calling Hearing on 2024 Street Improvement Project, Project 2024-02. All in favor. Mayor Kozlowski opened the public hearing. Sean Turnbull, 595 Newman Trail, stated assessing residents for street repairs is a moral question, considering how property taxes, sales taxes and other taxes have gone up. The streets in Liberty are not in bad shape and do not need curbs, they only need to be re- blacktopped. He asked the City to produce the contract that allows the City to assess property owners for maintaining the streets. He has talked to his attorney and they will take this on because he will not allow the City to assess him and others the amounts listed in the assessment roll, which is especially difficult for people on fixed incomes. Dave Bottger, 212 Greeley Street South, stated he is glad a crosswalk at Greeley and Olive is planned. However he questions the safety of having parking spaces and bike lanes together, and asked the Council to consider keeping them separate. Ian Elverum, 205 Walnut Street, noted that the intersection of Walnut and Greeley has a lot of accidents and near accidents. He would like to see a stop sign at the intersection. Janna Wallin, 928 Greeley Street South, requested clarification about what it means to have bike lanes and parking together. Assistant City Engineer Abdullah replied that the driving lane will be striped at 12 feet wide (rather than 23 feet) and whatever is left to the curb will be for parking and bikes. Parking normally takes 6-7 feet, so 3-4 feet will be left for the bicyclists to use. The Minnesota Department of Transportation (MnDOT) will not allow the City to stripe it specifically for biking because it is less than the MnDOT required width for a bike lane. Nance Purcell, 1017 Abbott Street West, echoed Mr. Turnbull’s concern about spending money to make the City more beautiful when there are so many needs in the City such as climate issues. She plans to redo her driveway and asked if she can file for a credit for the skirt portion; Mr. Abdullah replied no credit is available but the contractor can work with the City to coordinate the work. Anne Turnbull, 595 Newman Trail, asked what property taxes pay for. She pointed out if redone streets improve property value, then property taxes also increase. She feels it is unethical to assess property owners for streets; property taxes should be used. Mayor Kozlowski answered that the County, School District and City all receive property tax money. Property taxes pay for police, fire, library, salaries and insurance. Every year the City assesses for road work - every City in Minnesota does something similar. He has tried to find an alternative method for 12 years. If property taxes were used to fund street repairs, then everybody’s property taxes would go up by about 30%, and refunding property owners paying past assessments going back 10 years would bankrupt the City. Howard Lieberman, 914 Greeley Street South, stated he is willing to pay what is required to maintain the quality of the streets. He noted that businesses in the Liberty neighborhood have a difficult time attracting customers; some flexibility in the signage they are allowed might take some of the sting out of their assessments. He questioned the prudence of adding City Council Meeting February 6, 2024 Page 5 of 7 a bike lane for the few who will use it. He also noted he has gotten quotes around $9,000- 10,000 for his water service as opposed to $5,000 noted in the City letter. Pat Moore, 914 Greeley Street South, asked about the timing if they have their water service replaced; and Mr. Abdullah replied it should be done just before the street work starts, in order to prevent tearing up of the new road. Paul Heerwald, 3625 Eben Way, asked about removal of trees in the boulevard that affect the sidewalks, and about irrigation systems that are in the boulevard. Mr. Abdullah replied trees that are lifting the sidewalk or affecting the curb will be removed as part of the general project costs, and some irrigation systems will be disrupted. Property owners should mark them as much as possible and the contractor will fix damages. Mr. Turnbull voiced anger at seeing the statement “the project is technically and financially feasible” because the assessment will price some residents out of their homes. He would like to know where is the contract that says he is subject to assessments. City Attorney Land responded that Minnesota Statute Chapter 429 gives the City the authority to assess property owners for public improvements. If the Council orders an improvement and makes assessments, it must prove there is a value to the property owner. There are appraisers who will justify that and the City has already hired an appraiser to determine the maximum value of the benefit to the property. Those who are disabled or over age 65 may apply for a deferral so the amount gets assessed to their property taxes, but they do not have to pay it until they do not qualify anymore, or until they sell their house. Miles Tibbetts, 663 Second Street, asked for information on applying for the over-65 deferral; Public Works Director Sanders answered that when the assessment hearing takes place in the fall, property owners will receive another letter describing the process how to get a deferral on the assessment if they are over 65. Heidi Rosebud, 110 Greeley Street South, stated she is very concerned about vehicle drivers getting out of their parked car when a bike is going by. She also would like a four-way stop sign at Greeley and Myrtle because she saw at least five major accidents there last year. Mr. Sanders stated the project is not adding a bike lane, only creating a 12-foot travel lane and an 11-foot parking lane wide enough for a car to park and a biker to ride in that shoulder area. It will be just a stripe. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt Resolution 2024‐018, Resolution Ordering Improvement and Preparation of Plans & Specifications for the 2024 Street Improvement Project, Project 2024-02. All in favor. UNFINISHED BUSINESS There was no unfinished business. City Council Meeting February 6, 2024 Page 6 of 7 NEW BUSINESS CBD Establishment License for Stillwater Smoke Shop Plus City Attorney Land stated that a renewal application for a CBD (cannabinoid) Retail Establishment license was received from Stillwater Smoke Shop Plus. This matter was considered at the January 16, 2024 meeting, but the applicant was not present and the Council chose to give the applicant an opportunity to withdraw the application, therefore the application was continued to this meeting. The business came under new ownership as of October 2022. The owner passed the background check and submitted supporting documentation, which shows basic data that it may meet the criteria for 50% of sales related to CBD. While the location is in the correct zoning district, the business needs a conditional use permit. The business failed the compliance check in December 2023 and sold to an underage buyer. The administrative citation fine for violating the ordinance has been paid. The owner has submitted a letter to the City detailing rectifying measures he has taken since the compliance check failure. Khalil Hammad, Stillwater Smoke Shop Plus, thanked the City for the opportunity to reapply. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt Resolution 2024‐019, Resolution Approving the Issuance of a CBD Retail Establishment License to Stillwater Smoke Shop Plus. 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 8:41 p.m. Michael Polehna, Vice Mayor ATTEST: Beth Wolf, City Clerk Resolution 2024‐011, Certificate of Retirement - Chris Felsch Resolution 2024‐012, Approving Earned Sick and Safe Time for 2024 Resolution 2024‐013, Appointing Election Judges and Fixing Compensation for the 2024 Presidential Nomination Primary Election Resolution 2024‐014, Resolution Granting Parking Stall Reservation to Biercycle Adventures, LLC for the Operation of Multi-Person Cycle Tours in 2024 and Rescinding Resolution 2023-021 City Council Meeting February 6, 2024 Page 7 of 7 Resolution 2024‐015, Resolution Granting Parking Stall Reservation to Rivertown Transportation, LLC dba Stillwater Trolley for the Operation of Trolley Tours in 2024 and Rescinding Resolution 2021-021 Resolution 2024‐016, Amended Resolution Vacating a Portion of Unbuilt Public Right-Of-Way Located Within the City of Stillwater, Minnesota Resolution 2024‐017, Resolution Receiving Report and Calling Hearing on 2024 Street Improvement Project Project 2024-02 Resolution 2024‐018, Resolution Ordering Improvement and Preparation of Plans & Specifications for the 2024 Street Improvement Projerct Project 2024-02 Resolution 2024‐019, Resolution Approving the Issuance of a CBD Retail Establishment License to Stillwater Smoke Shop Plus DATE: February 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Sarah Erenberg, Senior Account Clerk SUBJECT: Payment of bills A list of bills in the amount of $620,840.55 has been sent to the Mayor and City Council Members to approve for payment. DATE: February 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Approving Plans and Ordering Advertisements for Bids - 2024 Street Improvement Project (202-02) BACKGROUND At the February 6th Council meeting, a public hearing was held for the 2024 Street Improvement Project. Plans and specifications for the 2024 Street Improvement Project are near completion, and staff is requesting approval for the plans and specifications and authorization to bid. Bid opening is scheduled for March 28th and bid results will be presented to Council at the April 2nd meeting. RECOMMENDATION It is recommended that Council approve plans and specifications for the 2024 Street Improvement Project and order advertisements for bids. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2024- _____ APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2024 STREET IMPROVEMENT PROJECT 2024-02.   City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2024 STREET IMPROVEMENT PROJECT (PROJECT 2024-02) WHEREAS, pursuant to a resolution passed by the Council on February 6th, 2024, the City Engineer has prepared plans and specifications for the 2024 Street Improvement Project (Project 2024-02) and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and online at QuestCDN.com the advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and for three weeks online at QuestCDN.com and shall specify the work to be done, shall state that bids will be received by the City Clerk until March 28th, 2024 at 10:00 am, at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on April 2nd, 2024, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount of the bid. Adopted by the Council this 20th day of February 2024. CITY OF STILLWATER ______________________________ Michael Polehna, Vice Mayor Attest: __________________________ Beth Wolf, City Clerk   DATE: February 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: 2024 Street Improvement – Saw Cutting Contract BACKGROUND The City council in their regular meeting on February 6, 2024 approved the feasibility report for the 2024 Street Improvement Project. The project includes removal and replacement of exiting damaged or heaved sidewalk panels. In an attempt to reduce the cost of the project, Staff has contacted Safe Step LLC, to provide a quote for shaving heaved panels rather than replacing them. Safe Step LLC conducted a field investigation and produced an estimate for all the panels they can cut and bring back to be ADA compliant, this will save time and cost less than removing and replacing these same panels. RECOMMENDATION Staff recommends approving the contract for work on the 2024 Street Improvement Project – Saw Cutting with Safe Step, LLC. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR 2024 STREET IMPROVEMENT PROJECT – SAW CUTTING. 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 20th day of February, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Safe Step, LLC., 130 Industrial Park Ave, Hortonville, WI 54944 (“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; 2024 Street Improvement Project – Saw Cutting 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 01/17/2024, 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. 2 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. 3 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 Contractor has designated Travis Manderfield 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 party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Safe Step, LLC. 216 4th Street North Po Box 411 Stillwater, MN 55082 Hortonville, WI 54944 Attention: Reabar Abdullah Attention: Travis Manderfield Or e-mailed: rabdullah@stillwatermn.gov Or emailed: travis@notrippin.com 4 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:____________________________________ Michael Polehna, Vice Mayor By:____________________________________ Beth Wolf, City Clerk CO TRA CT OR Proj e ct Description: 2024 Street Improvement Project-Saw Cutting 5 Presented to:Reabar Abdullah City of Stillwater Stillwater 2024 Saw-cutting Projects January 17, 2024 Travis Manderfield • Project Manager •612-910-4354•Travis@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. Sidewalk Repair Proposal Travis Manderfield • Project Manager • 612-910-4354• Travis@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 1 Introduction January 17, 2024 Reabar Abdullah City of Stillwater 216 4th St, N Stillwater, Minnesota, 55082 Reabar, Thank you for the opportunity to present this proposal for sidewalk trip hazard repair based on our survey of your specified sidewalk area. Review 1. Safe Step LLC performed a site survey of all of the specified sidewalk areas. 2. The evaluation identified sidewalk and curb defects that presented a tripping hazard and were appropriate for saw-cutting repair based on the identification criteria outlined on page 2. 3. The evaluation also identified sidewalk and curb defects that would require alternative repair methods. 4. A log in to Safe Step's exclusive Sidewalk Central™tool was provided for defect review and finalization. 1. This proposal and project scope is based on the defects selected and verified in Sidewalk Central.™ Notable Proposal Contents • Page 2: Evaluation criteria used to perform the survey • Page 3: Defect location map and survey summary • Page 4: Project cost breakdown • Page 7: Proposal acceptance Please let me know if you have any questions. We look forward to serving your needs. Travis Manderfield Project Manager 612-910-4354 Travis@notrippin.com ~--...... , ,~ ~. ~ ~LLC ~ ~ Safe Sidewalk Solutions ~ Precision Concrete Cutting Affiliate Travis Manderfield • Project Manager • 612-910-4354• Travis@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 2 Sidewalk Evaluation Criteria Co □d it io o Bei::ord foe Saw-C, rtti □g Offset mini mu m: 'V Heiglrt 918," (1t8a) Offset ml»llim u m: "V Heiglrt 818," (lt&!) - Sh o,p edge: j H 'glrt N (~&) NI - Cutti n g t o oo n ke n panel : 'V Ware rp oo l irng :: N Caused by tree I 'V Negatirve cross-s lope : 'V Pmitirve cross-s lqpe : "V - ContaiM struc,tural ,crack : Qty no mora Gl epno 11:2." 'V har, 2 more then >-- Displaceme nt is a ,crack: "V -- P.a.rnel is spal led : Su rface !!!Gs Depth n □ N lhar, more then SldgwaJk j oi nt is decayed : 'V Cmbirng : N On bridge stri umure : N - Paral lel jo i nts : Mex N M ln.~ht He ight Ramps : Bottom N Top Max i-lit Mex Ht Top of fl ow li ne : N -- Becon:Lfor Rep lacement If less NIA If greater II.I - II.I - II.I II.I II.I - II.I ~ II.I - II.I - II.I - II.I II.I II.I - II.I ~ II.I N II.I - ~--...... , ,~ ~. ~ ~LLC ~ ~ Safe Sidewal k Solut ions ~ Precision Concrete Cutting Affiliate M!iltkinglOther [ Mark Saw-Outti n g T Nu:mber,ed 7 Mark RB.Fl NI 411' R&Ft Sq. Ft. Cost $ 1611' R&Ft Sq. Ft. Cost $ Use Lift irng f,o:r sun kim & NI warerpoo l i mg pa.ne'.ls l\i!a rk Ufti.ng NA L.Jif:t ing Sq. Ft. Pri ce $ Notes: Evaluate for 2024 8 ~dge,t ing -Evaluate fo r Sa.wcutting 011 lrt streets Do no,t evaluate PED Ramps + 2 [panels back. Do 1not iindl ude 0111 lhe evaluat10111 Still water wil I have RR mank ings out anead of smvey Travis Manderfield • Project Manager • 612-910-4354• Travis@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 3 Defect Location Map The map below indicates the approximate locations of sidewalk defects suitable for saw-cutting repair. Due to the limitations of GPS mobile app technology, the locations shown above should be relied upon as approximate to their actual locations. Map Data: Google Survey Summary 1. The survey was completed on 12/29/2023 2. Total surveyed miles were estimated to be 4.41 3.749 total sidewalk defects were identified 1. 695 were suitable for saw-cutting for a total of $63,658.49 2. 54 would require repair using alternative repair methods Axdahl's Garden8 ;arm & Greenhouse T m Patriots Tavern T Klnship Green Ru t herford 0 Element ary Schoo l Y The q Rutherford Pond ,/,,, ' , ' ' ' ' ' ' ' ' ' ' '·\ ' \,,, ' , ' ' ' ' ' ' ' ' ' ' ' , ' , , , , ' ' ' ' ' ' ' ' : I ih,.rt1 MyrtleSt W rk Oak St W unzbach Painting rs1i llwa1er Willarc1sl} It,, y La ke ArenaC, V ictoria Villa Lake Terrance ft ApanmentsT Orleans St W ~--...... , ,_ •~~LLC Safe Sidewalk Solutions Precision Con crete Cutting Affiliate QNonh HI I1 Massage T &Wellness First Unit ed Methodist Church q ~\ Diamond D, Junker & ! Landsc, Oliv@StW Crossw in ds Co mmunity Dennis and Silvia C Insurance A Ch urch "' Iii 52 "' James Mu lvey Inn~ The Boat C Earl · F~ !1' Stil lwat er Middle< fil 52 "' Travis Manderfield • Project Manager • 612-910-4354• Travis@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 4 Option Price 2024 Project 1.504 total repairs 2.Includes mobilization, waste disposal, and reporting 3.Also includes reporting of defects not suitable for saw-cutting $46,442.04 Greeley St 1.191 total repairs 2.Includes mobilization, waste disposal, and reporting 3.Also includes reporting of defects not suitable for saw-cutting $17,216.45 Project Cost Breakdown ~--...... , ,~ ~. ~ ~LLC ~ ~ Safe Sidewalk Solutions ~ Precision Concrete Cutting Affiliate Travis Manderfield • Project Manager • 612-910-4354• Travis@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 5 Our Result Before After Before After ~--...... , ,~ ~. ~ ~LLC ~ ~ Safe Sidewalk Solutions ~ Precision Con crete Cutting Affiliate Travis Manderfield • Project Manager • 612-910-4354• Travis@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 6 The Safe Step Approach Specifications 1. Repairs will be tapered to a 1:12 slope ratio and taken to a zero point of differential between adjoining sidewalk panels along the full width of the sidewalk, in accordance with ADA standards. 2. Repairs shall have a smooth and uniform finish with a coefficient of friction meeting OSHA requirements and shall not impact adjoining sidewalks, driveways, landscaping, or other objects within the vicinity of the work. 3. In instances where sidewalk conditions do not permit a 1:12 slope ratio, repairs will be made with the shallowest slope possible for the given sidewalk condition. Clean-up 1. All saw-cutting will be performed without water-cooling; No slurry will be created eliminating the risk of “tracking” and run-off water contamination. 2. Saw mounted dust abatement systems will be used to minimize airborne dust. Containment systems are designed for fine dust applications. 3. Debris and concrete shall be cleaned from the sidewalk surface as well as surrounding rails, sidewalks, driveways, landscaping, or other objects within the vicinity of the work. Reporting 1. Upon completion of the project, Safe Step LLC will provide a detailed and audit-able report. This report will include the street address or location, dimensions, and GPS coordinates of each repair made. 2. An invoice for payment will be provided when the projected has been completed. Payment in full is due 30 days from the date of invoice. Late payments may be subject to a $30 re-billing fee. Safety and Insurance 1. Safe Step LLC employees who work directly in slab displacement repair undergo a rigorous training process with emphasis on safe work practices, OSHA-approved personal protection equipment, and quality workmanship. It is not uncommon for our clients to receive unsolicited compliments on our safety practices and the quality of the work performed. 2. Safe Step LLC is fully licensed and insured. Proof of auto, liability, and workers compensation insurance are available upon request. Proprietary Technology 1. Safe Step LLC is the only entity in Wisconsin, Northern Illinois, and Southeast Minnesota authorized to use the Precision Concrete Cutting method for removing sidewalk trip hazards as described by the following patent numbers: U.S. Pat. No. 6,827,074, U.S. Pat. No. 7,000,606, U.S. Pat. No. 7,143,760, U.S. Pat. No. 6,896,604, U.S. Pat. No. 7,201,644, U.S. Pat. No. 7,402,095. These patents refer to the equipment, methods, and dust abatement systems used by Safe Step LLC. A sole source letter is available upon request. • ~--...... , ,~ ~. ~ ~LLC ~ ~ Safe Sidewalk Solutions ~ Precision Concrete Cutting Affiliate Travis Manderfield • Project Manager • 612-910-4354• Travis@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 7 Proposal Acceptance Financial Parameters 1. Financial Parameters 1. The total cost of the reporting and saw-cutting repairs will not exceed $63,658.49. 2. Safe Step LLC will accept full responsibility for any project cost overage, provided that the scope of the project is not altered once the project begins. Any requested change in scope will be fully discussed and approved by the City of Stillwater prior to the start of the work on the revised area. Proposal #: 201740 PO Number:PO Number (Optional) Cost: $63,658.49 Approved by:Approved by SIGNATURE Reabar Abdullah Title:Title Date SignedDate: For a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the above signed hereby agrees to defend, indemnify, and hold contractor harmless with respect to any and all liability whatsoever arising from contractor’s activities in attempting to repair concrete sidewalk and other slabs owned by the above signed or within the above signed’s dominion and control, and to defend, indemnify, and hold harmless contractor with respect thereto. Use this form to provide us with any other information we may need to know. Client Notes: Signed: Billing Contact Name:Contact Billing Email Address:Email Does this project require prevailing wage?:Yes/No If this proposal is acceptable, please complete and sign below. We will contact you upon receiving this form to schedule your project. Due to the ongoing supply chain issues and labor availability, the pricing in this proposal is only valid until February 29, 2024. ~--...... , ,~ ~. ~ ~LLC ~ ~ Safe Sidewalk Solutions ~ Precision Concrete Cutting Affiliate DATE: February 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Cody DeNucci, Assistant Public Works Superintendent SUBJECT: Approving Contract for the Addition of a Grinder at Aiples Lift Station BACKGROUND The Aiples Lift Station was constructed in 1959 to handle 100% of the sewage from Stillwater. Over 2.4 million gallons of sewage travels through this lift station each day. With the ongoing efforts to combat the materials (grease, rags, flushable wipes, etc.) that travel through the sewer lines, staff must rake off a screen that is 10 feet away, load into buckets, haul them upstairs and then take back to the dumpster at the Public Works building. Staff is proposing the installation of an inline sewer grinder that will grind the solids before they enter the pumps. In doing so, this will eliminate the time it takes the staff to remove the materials and reduce any potential for work related injuries or illnesses. In 2012 the staff had a sewer grinder installed at the Myrtle Street Lift Station. The installation of that grinder had instant results and has been working great ever since. Staff needs the assistance of an engineering firm to make plans for the addition of the grinder. Staff received a negotiated a price from Bolton and Menk for $36,900. This price includes the preliminary design phase, final design phase, construction estimates and review and permitting as needed. Staff has funding available in the Sanitary Sewer Capital Improvement Plan. RECOMMENDATION Staff recommends that Council approve the contract for engineering from Bolton and Menk for the addition of a sewage grinder at the Aiples Lift Station. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion APPROVING THE CONTRACT WITH BOLTON AND MENK FOR THE AIPLES LIFT STATION GRINDER ADDITION. 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 20th day of February, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Bolton & Menk, 12224 Nicollet Ave, Burnsville, MN 55337 (“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: Aiples Lift Station - Grinder 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 2/13/2024, 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. This Agreement expires on 2/20/2025. 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. (Stillwater ~~ -' The Birthplace of Minnesota .) 2 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 Cody DeNucci, 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 Joseph Dunlap, 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. 3 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 4th Street North Stillwater, MN 55082 Attention: Cody DeNucci Or e-mailed: cdenucci@stillwatermn.gov If to Consultant: Bolton & Menk 12224 Nicollet Ave. Burnsville, MN 55337 Attention: Joseph Dunlap Or e-mailed: Joseph.Dunlap@bolton-menk.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as 4 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 By: Michael Polehna, Vice, Mayor By: Beth Wolf, City Clerk Date: February 20, 2024 5 BOLTON & MENK By: Its: Date: Project Description: Aiple Lift Station - Grinder Seth A. Peterson, P.E. 02/13/2024 Senior Principal Engineer N:\Proposals\Stillwater\Aiples LS Grinder\Aiples LS\Aiples LS Grinder Scope and Fee (Rev 1).docx February 13, 2024 Mr. Cody DeNucci, Assistant Public Works Superintendent City of Stillwater 216 4th Street North Stillwater, MN 55082 Re: Lift Station Improvements Aiples Lift Station Stillwater, Minnesota Dear Mr. DeNucci, Thank you for providing us this opportunity to assist you with engineering services for improvements to the Aiples Lift Station. The Aiples Lift Station is an existing wet well/dry well lift station. The City desires to add a rail-mounted grinder to the influent line of the lift station. Bolton & Menk, Inc. has completed numerous lift station projects for the City in the past, and we appreciate your continued consideration. Based on our understanding the project will consist of the following components: • Installation of a new rail mounted grinder in the existing influent pipe channel • Electrical design for powering and monitoring the grinder (electrical design by sub- consultant, Design Tree Engineering + Land Surveying) • Installation of a lifting beam and hoist to allow for the installation and removal of the grinder • Reinforcement of the floor to install a hatch above new grinder location We have identified three (3) tasks to complete the work as described above. A summary of the tasks are described below. Task 1 – Preliminary Design Phase • Assemble and review existing site data (runtime data, preliminary plans, as-built information, etc. – some of this information has already been collected) • Conduct preliminary site meeting with City Task 2 – Final Design • Prepare final plans and specifications • Design review with City staff • Construction cost estimates • Assist with State and local agency reviews and permitting as needed Task 3 – Bidding Services/Construction Phase • Bidding services • Construction administration (precon meeting, shop drawings, pay requests, etc.) • Construction observation – minimal visits to reduce costs (like how we have completed- flr:\BOLTON \!JJI & MENK Real People. Real Solutions. 12224 Ni co llet Aven ue Burnsville , MN 55337 -1 649 Ph : [952 ) 8 90-050 9 Fax : [952 )890-8065 Bo lto n-M e nk.com Name: Mr. Cody DeNucci, Assistant Public Works Superintendent Date: February 13, 2024 N:\Proposals\Stillwater\Aiples LS Grinder\Aiples LS\Aiples LS Grinder Scope and Fee (Rev 1).docx past projects) • Construction staking (likely not needed for this project) • Coordinating start-up services • Record drawings Current Scope: We propose to complete the above design services for a total fee of $36,900. I recommend that we work on an hourly basis with a not-to-exceed amount. The following is a summary of our fees: Design Phase Preliminary Design Phase ............................................................$9,500 Final Design ......................................................................................$27,400 Total Fee (Current) ....................................................................$36,900 Future Scope: We propose to complete the above bidding/construction services for a total fee of $22,900. I recommend that we work on an hourly basis with an estimated not-to-exceed amount. The following is a summary of our fees: Bidding/Construction Phase Bidding Phase .................................................................................. $2,400 Construction Administration ....................................................$11,500 Construction Observation ......................................................... $6,500 Record Drawings............................................................................ $2,500 Total Estimated Fee (Future) ...............................................$22,900 Note that for the construction phase we are assuming only periodic visits to the site, as this has typically been handled by the City on past projects. Our level of service has varied on projects depending on the contractor, on-site conditions and time available for the City. We propose that the construction phase be estimated hourly as we have no control over the contractor, conditions, etc. Thank you for the opportunity to present this scope and fee letter. We look forward to working with you and your staff. If you need any additional information or have any questions on the above, please do not hesitate to give me a call at 651-253-7920. Respectfully submitted, Bolton & Menk, Inc. Joseph S. Dunlap Design Engineer Cc: Seth A. Peterson, P.E., Bolton & Menk Bolton & Menk is an equal opportunity employer. DATE: February 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Contract Agreement for 5th Street Shop - Fence and Gate Project DISCUSSION Staff is looking to install fencing at the 5th Street Storage (Old Public Works Building) to better secure the site. Currently, Police, Fire and Facilities utilizes the site for storage of equipment and office space. A new fence would be installed on the north, east and south side of the existing building and gates on the north and south side. Staff received the low quote from Town and County Fence in the amount of $53,995 for the repair. Funds for this project would come from the Plant City Hall Capital Outlay. RECOMMENDATION Staff recommends entering into an agreement with Town and Country Fence, for the 5th Street Shop Fence and Gate Project. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH TOWN AND COUNTRY FENCE FOR 5TH STREET SHOP FENCE AND GATE PROJECT. 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 20th day of February, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Town & Country Fence, 8511 Xylon Ave. N, Brooklyn Park, MN 55445 (“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; Fence and Gate – 5th St. Shop 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 12/6/23, 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. 2 3. TERM. This Agreement expires on 2/20/2025. 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. 3 8. CITY’S REPRESENTATIVE. The City has designated Mick Greiner 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 Mark Wassink 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 party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1)year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Town & Country Fence. 216 4th Street North 8511 Xylon Ave. N Stillwater, MN 55082 Brooklyn Park, MN 55445 Attention: Mick Greiner Attention: Mark Wassink Or e-mailed: mgreiner@stillwatermn.gov Or emailed: markw@tcfence.com 4 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:____________________________________ Michael Polehna, Vice Mayor By:____________________________________ Beth Wolf, City Clerk CONTRACTOR :;,~vy By (Please P1int):-1llA-4 tfv'4 5~1 ..,,K. Title(Please Print): Co01tnl-;AC14L S4-t..t S Project Description: Fence and Gate -5th St. Shop 5 8511 Xylon Avenue North | Brooklyn Park, MN 55445 Phone: 763-425-5050 | Fax: 763-425-9006 Email: sales@tcfence.com | Website: www.tcfence.com City of Stillwater – Public Works PROPOSAL SUBMITTED TO 651-219-0669 PHONE 12/06/23 DATE 216 5th St N STREET Storage Yard Gate & Fence JOB NAME Stillwater, MN 55082 CITY, STATE AND ZIP CODE Stillwater, MN JOB LOCATION We hereby submit specifications and estimates for: -Furnish & Install 24’ wide automated vertical pivot gate at entrance drive -AutoGate vertical pivot gate installed on 4’ x 7’ pad w/ (5) – 18” x 60” footings -6’ high galvanized chain link gate leaf – 24’ long -(20) push button transmitters for entry/exit -thru beam photo eyes for safety -Furnish & Install Approx. 150’ of 6’ high galvanized chain link fence w/ (1) – 16’wide double swing gate -installed from NW corner of main building across to north building and to east fence line -72” – 9 gauge galvanized chain link fabric -1 5/8” SS40 top rail -2 3/8” SS40 line posts driven 48” deep -2 7/8” SS40 end, corner and gate posts set in 36” deep concrete footings -(1) – 16’wide double swing gate w/ heavy duty bulldog hinges and pad-lockable latch TOTAL PRICE INSTALLED - $53,995.00* *Price does NOT include high voltage electrical or control conduits* Notes/Exceptions:  Price does not include clearing of fence line, dirt work, grading, compaction/testing, staking, or survey. Responsibility of Owner.  Price does not include Bond, add $8.20/$1,000.00 if needed.  Priced for completion during 2023 Construction season.  Electrical grounding is not included, by others.  Additional charges will apply if a secondary sweep/locate is required  Hydro-vac excavation or core drilling of holes is not included.  Price does not include work during frozen weather conditions.  Town & Country Fence is a member of PEC Veriforce, Avetta, ISNetworld, and Gold Shovel Standard.  SD Excise tax is not included and will be the responsibility of the General. Certificate required if awarded to Town & Country Fence.  A copy of this proposal is to become part of any subsequent contract. Terms of Payment to be made as follows: 50% down, material draw at 60% of contract value (less received 50% down), monthly progress billings, and balance upon completion, unless otherwise specified above, payment due upon receipt and subject to approved credit Purchaser agrees to indemnify and hold harmless Town and Country Fence and its agents from and against any and all claims, liabilities and damages, including outside and in-house attorneys’ fees and costs, arising from or related any failure to erect fence, guardrail, or other products on or within property lines; any failure to comply with by-laws, restrictive covenants, building codes or other restrictions; encroachment or interference with any easement; damage to any improvements, including underground sprinklers, utilities, including wires or pipes; frost heave; personal injury or death; removal of fence or products. Purchaser agrees that Town and Country Fence’s liability shall not exceed the amount paid to it under this Proposal. Town and Country Fence shall not be liable for any direct, indirect, special, incidental, or consequential damages. Purchaser agrees to be responsible for excavated soil or Town and Country Fence shall dispose of soil for an additional charge. All work to be completed according to standard industry practices. Any alteration or deviation from this proposal requires Town and Country Fence’s prior written consent and shall automatically become part of and subject to this Proposal. Any additional costs from any such change shall result in an extra charge, which Purchaser agrees to pay. Purchaser agrees to pay Town and Country Fence’s outside and in-house attorneys’ fees and costs in the collection and enforcement of this Proposal. This Proposal contingent upon strikes, accidents or delays beyond Town and Country Fence’s control and supersedes all prior written or oral agreements. Purchaser agrees to carry all homeowner, liability and other necessary and required insurance. Town and Country Fence’s workers are fully covered by Workers Compensation Insurance or other required insurance. All fence or product remains the property of Town and Country Fence until paid for by Purchaser and Purchaser authorizes Town and Country Fence to remove the same and charge Purchaser for the fence or product and their removal if payment is not made per the terms of this Proposal. Purchaser agrees to pay 1.5% per month on all past due accounts. Any fence project that is considered custom or has special order materials is not returnable and therefore not fully refundable. A minimum of 25% restocking fee will apply with certain items being subject to higher restock fees as established from time to time by Town and Country Fence. Unless objected by the Purchaser, Town and Country Fence shall place a lawn sign on the property for the duration of Town and Country Fence’s work. Acceptance of Proposal. The above prices, specifications, terms, and conditions are satisfactory and accepted by Purchaser. Town and Country Fence is authorized to do the work as specified and Purchaser agrees to make payment as outlined above. Date of Acceptance By: Mark Wassink________ Mark Wassink – Commercial Sales This Proposal may be withdrawn by Town & Country Fence within 15 days. Purchaser Purchaser Name: By: Print Name Its: Equal Opportunity Employer PROPOSAL I Town & Country -FENCE - �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: February 20, 2023 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Planning Manager SUBJECT: Encroachment Agreement — 112 Harriet Street South BACKGROUND The Property Owners at 112 Harriet St S. are beginning the process of repairing the existing single-family dwelling on the Property. The dwelling was constructed in 1873 and has been mostly vacant since 2008. While most of the exterior has fallen into a state of disrepair, the Property owners plan on repairing from the foundation up. No expansion of the existing footprint is proposed. A portion of the original footprint includes a front porch. The front porch is located within the City Right -of -Way (Harriet St. S.) and is considered lawful nonconforming as well as an architectural contributing feature to the dwelling. While considered lawful nonconforming, in order to retain the front porch, the Property Owner must enter into an Encroachment Agreement with the City. Staff did require that the Property Owner have the area surveyed by a Licensed Surveyor. The Property is somewhat unique in that it is located at the bottom of a small ravine and at the end of a lesser used public road. Public property is located adjacent and directly across the street, with very little development pressure anticipated in the future. The neighboring privately owned lots have dwellings that are both located near/on the top of the ravine. ALTERNATIVES • Approve Encroachment Agreement as presented • Deny Encroachment Agreement and request removal of encroaching portion • Postpone Action for further information or revision to proposal RECOMMENDATION Staff does not object to the proposal and recommends approval of the Encroachment Agreement. ACTION Motion to approve the Encroachment Agreement for 112 Harriet Street South. I I •$ --__ ,_.~------------------------------!!'11-.----J;,l~~------- Fascia Line (1 ' overhang-typ) Proposed 18 x 18 two-story addition (replacing demolished one-story of same footprint) Existing 16' 6" X 26' 6" two-story structure (new roof structure proposed) I I Proposed Bituminous OJlv y__ ~ 0 Parking Area I ---------------------------------------17;---:;-- Architectural Site Plan -~-------------- .. Property Corner (Pin Located) ·-o· tn q q 0 ► ~20'-0" ~10'-0"+j Chris Rustad 112 Harriet St.S. Stillwater, MN Sheet 3 of 8 Architectural Site Plan Jan 8, 2024 2 0 2 4 Sheet 1 of 2 Sheets, CERTIFICATE OF SURVEY BARRETT M. ST ACK STILLWATERt MINN. 55082 MINNESOTA REGISTERED LAND SURVEYOR Tel. No. 439-5630 SURVEY MADE .EXCLUSIVELY FOR: Chris Rustad, 112 South Harriet St., Stillwater, MN 55082 DESCRIPTION:_ As Supplied By ·client: Notes: Lot 7 , Block 10, Thompson, Parker & Mower's 2nd Addition, Washington County, Minnesota. Th0mpson, Parker & Mower's 2nd A.dd. -is _record~d as Doc.-No. 4-16049, Wash. Co. records. . ~ . . Orientation of this bearing .system is an assumed datum.-- "M." Indicates measured value,.-_ , 11 R. '-' r"ndicates . recorded value. o Indicates 1/2" I.D .. Iron Pipe set marked with a plastic piug inscribed STACK LS 13774; uhless n6ted otherwise. • Indicates iron found in,place, as noted. Offsets shown to existing structures are measured to the outside building wall line, unless not~d otherwise .. Any projections from said wall l~nes, such as eaves, sills, st~ps, etc., will impact indicated offsets accordingly. Unde:rg:round or overhead, public or private utilities, on or adjacent the parcel, were not located in conjunction with this survey, unless shown or noted otherwise. Jan_uary 16, 202 _4 Revision Note: Added Sheet 2 of 2 Sheets, Proposed Structure Encroachment Parcel Descrip-eion,·added details of same to Sheet 1 of 2 Sheets· per un-scaled sketch below left. .A/tJRT# /,., == zo' /0 ,, I I I ~r. \~,..,.. i&,ea. NEir, c oR. Lo't' 7 Lo, 7 EMS ~ ~ LtJr 5 --........ , ~'\ ~ \'\ ~ \, I:) 1-. '- V) / -, ~ / q'~ /,O• -'\t-I "\ i-· \ ... q / 1. I K ~ ~ ~ . " ") "' ~ LOT 7 · 6 3.3;; 5q. rr. :!: ~ l'r\ ' ~ ~ ~ ~ ' I ~ I / \) ") M./25.9/-- ,{)£,SC' C}/l/ ,>/;/Ee7 2 l()7 9 I hel'eby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. · •-;n~A :U&~&a~~"~'-t..£ ~ • _ .J/.k -L, ....... ~ ... : ........ , ... ~~ .. April 13., 2021 13774 Date ....................... : ............... R.eg.No ............................. . k.. ½ t, ~ I( ~ ~ h. " ~ ~ 1 ENCROACHMENT AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON 112 SOUTH HARRIET STREET IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA THIS ENCROACHMENT AGREEMENT (“Agreement”) is made, entered into and effective this _____ day of , 2024, by and among the City of Stillwater, a Minnesota municipal corporation (“City”) and Christopher M. Rustad and Vicky A. Simon, married to each other (“Landowner”). Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.1 City. “City” means the City of Stillwater, a Minnesota municipal corporation. 1.2 City Property. “City Property” means that part of platted Harriet Street, as shown on the recorded plat of Thompson, Parker & Mowers 2nd Addition, Washington County, Minnesota. 2 1.3 Encroachment Area. “Encroachment Area” means the real property, legally described on Exhibit A, attached hereto and incorporated herein, used by Landowner for Landowner Improvements. 1.4 Landowner. “Landowner” means Christopher M. Rustad and Vicky A. Simon, married to each other and their assigns and successors in interest with respect to the Landowner’s Property. 1.5 Landowner Improvements. “Landowner Improvements” means that portion of Landowner’s dwelling, specifically a front porch located in the Encroachment Area on City Property, depicted on Exhibit B. 1.6 Landowner’s Property. “Landowner’s Property” means the real property located in the City of Stillwater, Washington County, Minnesota, legally described on Exhibit C. 1.7 Maintain. As used in this Agreement with respect to the Landowner Improvements, “Maintain” and derivations thereof means to upkeep in accordance with relevant City ordinances and regulations applicable to such improvements. ARTICLE 2 RECITALS 2.1 Landowner owns the Landowner’s Property. 2.2 Encroachment Area is improved with Landowner Improvements. 2.3 Landowner Improvements are on City Property. 2.4 Subject to the terms of this Agreement, the City is willing to allow the Landowner Improvements to remain within the Encroachment Area if the following conditions are met: (a) The Landowner maintains the Landowner Improvements. (b) Landowner makes no further Landowner Improvements pursuant to Section 3.2 below. ARTICLE 3 AGREEMENTS 3.1 Use and Maintenance of Landowner Improvements. Under the terms and conditions stated herein, Landowner shall have the right to enjoy the use of Landowner Improvements, including reasonable ingress and egress from Landowner Improvements. Landowner shall, at its own cost, maintain Landowner Improvements. 3.2 No Additional Structures or Expansion and Termination. Landowner Improvements shall not be relocated, moved or expanded such that any further or different encroachment on the City Property occurs. Landowner shall not place any other structures, 3 including but not limited to, retaining walls, irrigations systems, buildings, fences or trees within the footprint of Landowner Improvements or elsewhere on City Property. 3.3 City Not Responsible for Landowner Improvements. Nothing contained herein shall be deemed an assumption by the City of any responsibility for construction, maintenance, replacement or repair of the Landowner Improvements. 3.4 Continuing Right to Encroachment Area. Nothing contained herein shall be deemed a waiver or abandonment or transfer of the right, title and interest that the City holds to the Encroachment Area. 3.5 Risk of Loss. Landowner understands and agrees that the Landowner Improvements within the Encroachment Area may be adversely affected by damage caused to Landowner Improvements arising out of the City’s use of the Encroachment Area. The parties agree that the City is not responsible for such events; the City shall have no liability to Landowner for such events. Landowner assumes the risk of installing the Landowner Improvements in the Encroachment Area. 3.6 Emergency. The City shall not be required to give notice if the City’s Engineer determines that an emergency exists. In such instance, the City, without giving notice to the Landowner may perform the work and in such case the Landowner shall reimburse the City for the costs and expenses relating to the work. Once the City’s costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility bills within the City. 3.7 Remedies. If the Landowner fails to perform its obligations under this Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of the following non-exclusive remedies: (a) The City may specifically enforce this Agreement. (b) If Landowner fails to make payments under Section 3.7, then the City may certify to Washington County the amounts due as payable with the real estate taxes for the Landowner Property in the next calendar year; such certifications may be made under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility bills. The Landowner waives any and all procedural and substantive objections to the imposition of such usual and customary charges on the Landowner Property. Further, as an alternate means of collection, if the written billing is not paid by the Landowner, the City, without notice and without hearing, may specially assess the Landowner Property for the costs and expenses incurred by the City. The Landowner hereby waives any and all procedural and substantive objections to special assessments 4 for the costs including, but not limited to, notice and hearing requirements and any claims that the charges or special assessments exceed the benefit to the Landowner Property. The Landowner waives any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The Landowner acknowledges that the benefit from the performance of tasks by the City equals or exceeds the amount of the charges and assessments for the costs that are being imposed hereunder upon the Landowner Property. No remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 3.8 Indemnification. The Landowner shall indemnify, defend and hold the City, its council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to any of the following: (a) The Landowner Improvements; (b) Maintenance of the Landowners Improvements; (c) Failure by the Landowner to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement; and (d) Use of the Encroachment Area for Landowner Improvements. 3.9 City Duties. Nothing contained in this Agreement shall be considered an affirmative duty upon the City to perform the Landowner’s obligations contained in Article 3 if the Landowner does not perform such obligations. ARTICLE 4 MISCELLANEOUS PROVISIONS 4.1 No Third Party Recourse. Third parties shall have no recourse against the City under this Agreement. 4.2 Recording. The City shall record this Agreement with the Washington County Recorder against the Landowner Property. Landowner shall pay for the cost of recording. 5 4.3 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Landowner Property and shall be binding upon the heirs, successors, administrators and assigns of the parties, for so long as the Landowner Improvements remain on the Encroachment Area. The obligations of the Landowner contained in this Agreement are joint and several. 4.4 Amendment And Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 4.5 Governing Law And Venue. This Agreement shall be governed by and construed in accord with the laws of the State of Minnesota and any action shall be venued in Washington County District Court. 4.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 4.7 Headings. The subject headings of the sections in this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 4.8 Notice. Notice shall mean notice given by one party to the other if in writing and if and when delivered or tendered either: (i) in person; (ii) by depositing it in the United States main in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name and addressed to the party or persons intended to be addressed as follows: IF TO CITY: City of Stillwater Attention: City Administrator 216 North Fourth Street Stillwater, MN 55082 IF TO LANDOWNER: Christopher M. Rustad and Vicky A. Simon 220 Chestnut St W Stillwater, MN 55082 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of 6 service if served personally on the party to whom notice is to be given, on the third day after mailing if mailed by United States postal service as provided above, or within twenty-four (24) hours if sent via overnight courier service provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. [The remainder of this page has been intentionally left blank.] 7 IN WITNESS WHEREOF, the parties have executed this Agreement the year and day first set forth above. CITY OF STILLWATER By: ____________________________________ Michael Polehna, Vice Mayor ATTEST: By: _____________________________________ Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this ___ day of , 2024, before me a Notary Public within and for said County, personally appeared Michael Polehna and Beth Wolf, to me personally known, who being each by me duly sworn, each did say that they are respectively the Vice Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. ____________________________________ Notary Public LANDOWNER: ceb&r:::~ ~}<fie_-- Vicky A. Simon STATE OF MINNESOTA COUNTY OF bt¼f .6., .v~dJV 0 ) ) ) ss . T he foregoing instrument was acknowledged before me on ff-p{ day of ~ ~ , 2024, by Christopher M. Rustad and Vicky A. Simon, married to each other. , .. , .. ,,_.,.-_/#!<_· ._. --~--~ e David M Nawbefg Notary Public · hlinnllsdll My eonmsoo, Ellplr8s 01fJ1!2W3 Drafted by: Korine L. Land #262432 Levander, Gillen & Miller, P.A. ,- 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 (651) 451-1831 8 A-1 EXHIBIT A LEGAL DESCRIPTION OF ENCROACHMENT AREA That real property located in the City of Stillwater, Washington County, Minnesota, legally described as follows: Beginning at the northeasterly comer of Lot 7, Block 10, of said Thompson, Parker & Mowers 2nd Addition; thence on an assumed bearing of South 01 degree 03 minutes 50 seconds East along the easterly line thereof, and along the westerly line said platted Harriet Street, 20.05 feet; thence North 75 degrees 50 minutes 58 seconds East 9.31 feet; thence North 14 degrees 09 minutes 02 seconds West 20.70 feet; thence South 75 degrees 50 minutes 58 seconds West for 4.50 feet, more or less, to said westerly line of platted Harriet Street; thence southerly along said westerly line, 1.20 feet, more or less, to the point of beginning. Encroachment contains 143 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. B-1 EXHIBIT B DEPICTION OF ENCROACHMENT AREA 2024 Shee t 1 of 2 Shee ts CERTIFICATE OF SURVEY BARRETT M. STACK STILLWATER , MINN. 55082 MINNESOTA REGISTERED LAND SURVEYOR Tel. No. 439-5630 SURVEY MADE EXCLUSIVELY FOR, Chri s Rustad , 112 South Harriet St ., Stillwater, MN 55082 DESCRIPTION , As Supplied By Client, Lot 7, Block 10, Thompson, Parker & Mower 's 2nd Addition , Wash ington County, Minnesota . Notes: Thompson , Pa~ker & Mower 1 s 2nd ~aa . is record~d as Doc . No. 416049 , Was h. Co . records . Ori entation of this bearing system is an assumed datum . "M." Indicates measured value .. · "R. ri rndicates recorded value . o Indicates 1/2 " I.D. Iron· Pipe set rnark.ed with a plastic p lug inscribed STACK LS 13774~· unless n6ted otherwise . • Indicates iron found i n .place, as n oted. Offsets shown to existing structures are measured to the outside building wall line , unless noted otherwis e. Any projections f rom said wall lines , such as eaves, sills, steps , etc ., will impact indicated Offsets accordingly. undergtound or overhead , p u blic or private utilities, on or a djacent the parcel , w~re not located i ~ conjunction with t hi s survey , unless shown -or noted otherwise. January 16 1 ·2024 Revision Note : Added Sheet 2 of 2 Sheets , ProposeO Structure Encroachment Parcel Descript:io.n , ii.oded details of same to Sheet 1 of 2 Sheets per un-scaled sketch below left. 6 ~ ~ ,~ ----, i I I l\j ~~ ~ B ~~ ' ~ "' IC) ' ' ~ /0 LoT 7 BMS ~ ~ 1': "S R ./Z~ ---Af,!,'0/6 '37"E /'1. /Z?°. 9/ ---, Lor T 6 33 !i x;. rr. .r 1---w:t.r. t./;,,;e ~ -4'11,e}i!111 . S7P'ft? '.r.!I 'W 4-,7P't . \:. £,Ale •. "', (Nd ..>CR.t.i) £1Esc . <7/V .>h'EE7' 2 "\ K ..__ " ~ ~ ~ ~ ~ ~ ~ I htl'eby certify that this survey, plnn, or report was prepared by me or under my direct supcrvi!iion and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota . ....... ~ .. !1.1.,. .. ~ .. ~ ~ <;:, ~ ~ ~ C-1 EXHIBIT C LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY That real property located in the City of Stillwater, Washington County, Minnesota, legally described as follows: Lots 7 and 6, Block 10, Thompson, Parker & Mower’s 2nd Addition, Washington County, Minnesota. PID: 28.030.20.31.0091 Abstract Property DATE: February 14, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Gambling Premise Permit for American Legion Post 48 BACKGROUND The City has received a Lawful Gambling Premises Permit Application from American Legion Post 48 to conduct gambling at Gio’s located at 317 Main Street S. in Stillwater. The activity requested is paper pull-tabs, paper pull-tabs with dispensing device, bar bingo, tipboards, paddlewheel, electronic pull-tabs and electronic linked bingo. The premise lease will be effective February 20, 2024. RECOMMENDATION The American Legion Post 48 submitted the required documentation demonstrating that the organization is collecting gambling monies for lawful purposes. Therefore, staff recommends approving the American Legion Post 48 to conduct gambling at Gio’s. ACTION REQUESTED If council concurs with recommendation, they should pass a motion adopting RESOLUTION APPROVING MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR AMERICAN LEGION POST 48. City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX APPROVING MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR AMERICAN LEGION POST 48 AT GIO’S WHEREAS, the American Legion Post 48 submitted an application to the City of Stillwater requesting City approval of a Minnesota Lawful Gambling Premise Permit at Gio’s located at 317 Main Street S., Stillwater, Minnesota; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves a Minnesota lawful gambling premise permit for American Legion Post 48. Adopted by the Stillwater City Council this 20th day of February, 2024. CITY OF STILLWATER Michael Polehna, Vice Mayor ATTEST: Beth Wolf, City Clerk DATE: February 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Contract Agreement for I/I Repair at Shoddy Mill DISCUSSION Recently, staff observed groundwater infiltrating into the trunk sanitary sewer main near the Shoddy Mill Building. The infiltration source is located where a sanitary sewer service connects to the main line and it is estimated that over ten gallons per minute or five million gallons per year of groundwater is entering into the sanitary and being treated downstream. This amounts to an unnecessary treatment charge of over $17,000 per year of clean water to the City. Staff has looked at options to close the source of infiltration including pipe lining and grouting and felt the best option was to install a manhole and grout the area around the source of infiltration. Staff received a quote from Vinco Inc. in the amount of $35,300 for the repair. Funds for this project would come from the Sanitary Sewer Fund. RECOMMENDATION Staff recommends entering into an agreement with Vinco Inc, for the I/I Repair at Shoddy Mill ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH VINCO INC. FOR I/I REPAIR AT SHODDY MILL. 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 20th day of February, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Vinco Inc., 18995 Forest Blvd N., Forest Lake, MN 55025 (“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; Shoddy Mill Sewer Service Repair 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 1/30/24, 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. 2 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. 3 8. CITY’S REPRESENTATIVE. The City has designated Shawn Sanders 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 Mark Jay 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 party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Vinco, Inc. 216 4th Street North 18995 Forest Blvd. N Stillwater, MN 55082 Forest Lake, MN 55025 Attention: Shawn Sanders Attention: Mark Jay Or e-mailed: ssanders@stillwatermn.gov Or emailed: m.jay@vinco-inc.com 4 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:____________________________________ Michael Polehna, Vice Mayor By:____________________________________ Beth Wolf, City Clerk CONTRACTOR VINCOINC. ~ By&±.QAiJ By (Please Print): 5 f12 v e /Jr) c),-e[' ..S.t!> N Title (Please Print): ( ('e.£; dc..rf- Project Description: Shoddy Mill Sewer Service Repair 5 From: Mat1cJ1v Sfflt:Tuud1y, J1 nuuy 30, 2024 5 :13 PM To; John Ju••~ <iiur:,k@o (ti lwfttr mn ys> Cc: IHOdra@si ffillWJte! mn us· Andrew Trut <f trnt8vinc91nc,com> Subject: Su lin& MH lnfiltr.ition. John&Sean- Than k You for the Bid Invite and taking the time t o meet with me on sit e. We offer the following for your review an d consi deration. New Manhole 1 . Mobilization/Demobili zation 2. Furn ish and Inst all a new 60" RCP manhole of approximately 10.5 VF 3 . Install bench at flow line of pipe. 4 . Install 4" boot and re-0>nnec t e xisting 4 " service to MH 5 . Furn ish and inst all two rings and one ca sting. 6. Che mi cal grout le akage at host pipe/liner interface, this may vary in scope, we may not know t he extent of infiltration until existing pi pe is cut , this may incur an additional charge for additional routing, 7. Grade area upon co mpletion. 8. Reestablish class 5 surface 9 . Seed and wood fiber blanke t slopes and disturbed areas. IO.Dew ater M H installation within reason, anticipate 2• pumps, sumps, and rock. Lump Sum Bi d $ 35,300.00 Vlnco, i nc. is w illing to work nme & Material to compl ete this work. As we underst and it, estimate it, the infiltration at t his location is approximately 15 gallon s per minute, 900 gallons per hour, 2 1,600 gallons per day, 648,000 galleons per 30 day month. Please kee p in mind that w h en you seal up one area of infiltrati on, it i ncreases the water pressur e at another location. Have you considered putting in a sump to collect clean wate r and discharge it t o the river?? Installing a relief collection MH/well may help r educe ground wat er infiltration on the entire sanitary system. Just a thought. Ta lk with you soon, Mirlt R, J1y Proiact Mo=,,., M in@yincp-;inc com Office 651-382-4642 X 13<1 O,rect Oiol 651-414-4134 DATE:February 20, 2024 TO:Honorable Mayor and City Councilmembers FROM:Reabar Abdullah, Assistant City Engineer SUBJECT: Parking Restriction on Greeley Street BACKGROUND Improvements are planned for Greeley Street S. from Orleans Street west to Myrtle St. W. as part of the 2024 Street Reconstruction Project. Greeley St. S. is designated as a Municipal State Aid Street, and State Aid funds would be used to fund the project, and the City must follow state requirements in the design/construction of the street. One of these requirements deals with the width of the street and availability of parking on the street. To reduce stacking along Greeley street, right and left turning lanes are proposed at certain intersections along Greeley street, at these locations the width of the street does not provide for through lanes, turning lanes and parking at the same time. Parking restrictions are proposed to eliminate parking at these locations: 1. East side of Greeley Street South from the intersection with Myrtle Street West to 200 feet south. 2. East side of Greeley between the intersections with Olive Street West and Oak Street West. 3. West side of Greeley from the intersection with West Abbott Street to 100 feet south of the intersection with Churchill Street. 4. East side of Greeley between Churchill Street and West Orleans Street. 5. West side of Greeley from 460 feet south of the intersection with Churchill Street to West Orleans Street. The attached exhibit shows these locations. RECOMMENDATION Greeley St. S is a Municipal State Aid Street and turning lanes are planned to be added to reduce stacking. It is recommended that parking be restricted along Greeley Street as explained above and shown on the attached exhibit. ACTION REQUIRED If Council concurs with the recommendation, they should pass RESOLUTION 2024 ____ APPROVE PARKING RESTRICTIONS ON S.A.P.169-108-005 (GREELEY STREET SOUTH) FROM MYRTLE ST. W TO WEST ORLEANS STREET IN THE CITY OF STILLWATER, MINNESOTA. City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX APPROVE PARKING RESTRICTIONS ON S.A.P. 169-108-005 GREELEY STREET S FROM MYRTLE ST. W TO ORLEANS ST. W WHEREAS, this resolution was passed on the 20th day of February 2024, by the City of Stillwater in Washington County, Minnesota. The Municipal Corporation shall hereinafter be called the “City”. WITNESSETH: WHEREAS, the City has planned the improvement of Greeley Street S, State Aid Route No. 169-108-005 from Myrtle Street W to West Orleans Street in the City of Stillwater, Minnesota; and WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of this Street; and WHEREAS, this improvement does not provide adequate width for parking on sections of Greeley St. S; and WHEREAS, approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota prohibits parking on Greeley Street South (MSAS108) on: 1. East side of Greeley Street South from the intersection with Myrtle Street West to 200 feet south. 2. East side of Greeley between the intersections with Olive Street West and Oak Street West. 3. West side of Greeley from the intersection with West Abbott Street to 100 feet south of the intersection with Churchill Street. 4. East side of Greeley between Churchill Street and West Orleans Street. 5. West side of Greeley from 460 feet south of the intersection with Churchill Street to West Orleans Street. Adopted by the Stillwater City Council this 20th day of February 2024. CITY OF STILLWATER ______________________________ Michael Polehna, Vice Mayor Attest: __________________________ Beth Wolf, City Clerk 14" 8" 8" 10"12" 12"16"18" 18"48" WASHINGTON SQUAR PARK I h e r e b y c e r t i f y t h a t t h i s p l a n w a s p r e p a r e d b y m e o r u n d e r m y d i r e c t su p e r v i s i o n a n d t h a t I a m a d u l y R e g i s t e r e d P r o f e s s i o n a l E n g i n e e r u n d e r t h e la w s o f t h e s t a t e o f M i n n e s o t a . BY IT E M RE V I S I O N S DA T E NO . CH E C K E D DE S I G N 20 2 4 - 0 2 FI L E N O . 20 2 4 S T R E E T IM P R O V E M E N T RE C O N S T R U C T S. G R E E L E Y S T . NO P A R K I N G EX H I B I T NO P A R K I N G O N E A S T S I D E O F G R E E L E Y S T R E E T . BE T W E E N G R E E L E Y S T R E E T & C H U R C H I L L ST R E E T I N T E R S E C T I O N T O G R E E L E Y S T R E T & WE S T O R L E A N S S T R E E T I N T E R S E C T I O N NO P A R K I N G O N W E S T S I D E O F G R E E L E Y S T R E E T . BE T W E E N G R E E L E Y S T R E E T & W E S T O R L E A N S ST R E E T I N T E R S E C T I O N T O 4 6 0 ' S O U T H O F GR E E L E Y S T R E E T & C H U R C H I L L S T R E E T IN T E R S E C T I O N NO P A R K I N G O N W E S T S I D E O F G R E E L E Y S T R E E T . BE T W E E N G R E E L E Y S T R E E T & A B B O T T S T R E E T IN T E R S E C T I O N T O 1 0 0 ' S O U T H O F G R E E L E Y ST R E E T & C H U R C H I L L S T R E E T I N T E R S E C T I O N NO P A R K I N G O N W E S T S I D E O F G R E E L E Y ST R E E T . B E T W E E N G R E E L E Y S T R E E T & AB B O T T S T R E E T I N T E R S E C T I O N T O 1 0 0 ' SO U T H O F G R E E L E Y S T R E E T & CH U R C H I L L S T R E E T I N T E R S E C T I O N NO P A R K I N G O N E A S T S I D E O F G R E E L E Y ST R E E T . B E T W E E N G R E E L E Y S T R E E T & MY R T L E S T R E E T I N T E R S E C T I O N T O 2 0 0 ' SO U T H O F G R E E L E Y S T R E E T & M Y R T L E ST R E E T I N T E R S E C T I O N NO P A R K I N G O N E A S T S I D E O F G R E E L E Y ST R E E T . B E T W E E N G R E E L E Y S T R E E T & OL I V E S T R E E T I N T E R S E C T I O N T O GR E E L E Y S T R E E T & O A K S T R E E T IN T E R S E C T I O N ffi,,.i·o.y -\ ~ 'E ~~ C :l'lor.,"A'...{#i '-' ,J "' 7J 12 z 0 ~ 1-· ,_ l '""' r 1 111 1 ...... Jl_L_ ________________ _ j I ~J:!lllSI!!fil_ ,,----------+ ------------+-------------------------------------~t i ____________ , ____________ _ __________ i I 1,,~ -,--- ---------+-------------------,,---------------------------------------1-\J-! --}---::::; JI if -- 7 [ , ___________ LILY LAKE PARK I /4 11 Ill/ / / ~-------+ / ! BRICK POND II!/___ -----. (--' Of II I/If - u! r Eft i t ~' Ii --~ if ------------" ¥ J ,II .I r,, -----~ ___ _ l ~ET '--:----j -----------------~ I 7) i : I MYRTLE STREET WEST -t --- l_ _____ _ I -----t I I ---+--- 1 : I : --+-1---- 1 IJ, 1·1 t----i '~ IL I I I I I I _ .... l ~ I ', I ...... ~';== ,, _________ J_ ________ L ___ _ 1" : OLIVESTW l___j_ __ --------------- OLIVE STW r----, : ' ~ !! _____ ! ___ ; LJ --r r--~11 lj _LU~: ______ 1 OAKSTW OAKSTW + ____ = -----f-- L - cc Cr__:-=~ r ____ -~-___ _ .L PINESTWi PINESTW - -~ 70!) _ _r _______ _ '/ WILLARD ST W WILLARD ST W 1-------~ ------------j I I ----7 I ] g R; l!!! i~ -+~ 1~ j!!l i l(.._ ___ _ I I _.._ ___ J __ , __ j_ ~T_AB~~\E!_J llf3-11h WEST ABBOTT STREET t= ,t~°4AKES1REET -~ .~,r - ,-~ i--1 -P-s-~, I 1.nl.l __________ .,! : ,~ i i~'r _C~RCJ:!ll~,!REE __ T DATE: February 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Agreement with Mahtomedi School District for Ice Time BACKGROUND The City of Stillwater and the City of Mahtomedi entered into a 20-year agreement in 1999 whereby the City of Mahtomedi agreed to contribute $700,000 toward the construction of a second sheet of ice at the Rec Center in exchange for guaranteed ice time over the next 20 hockey seasons. That agreement expired on April 1, 2020. The City of Stillwater and Mahtomedi Youth Hockey Association (“MYHA”) then entered into a 5-year agreement whereby MYHA secured ice time at Lily Lake and the Rec Center. MYHA made a $25,000 capital contribution as part of that agreement. The existing agreement with MYHA expires on April 1, 2025. Now, the Mahtomedi School District has expressed an interest in becoming the successor in interest for the same type of arrangement, which would not take effect until expiration of the existing agreement with MYHA (in April 2025). Similar to past agreements, the School District would be guaranteed a minimum number of hours of ice time each year (280 hours) and will make a capital contribution of $5,000. The term would be for 5 years with options to renew for up to a total of 15 years. ACTION REQUESTED MOTION TO APPROVE an Agreement Between the City of Stillwater and Mahtomedi High School for Ice Time at St. Croix Valley Rec Center and Lily Lake Ice Arena 1 AGREEMENT BETWEEN THE CITY OF STILLWATER AND MAHTOMEDI HIGH SCHOOL FOR ICE TIME AT ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ICE ARENA THIS ICE RINK USAGE AGREEMENT, (“Agreement”) is made and entered into as of the day of 2024, (“Effective Date”) by and between the City of Stillwater (“City”), a Minnesota municipal corporation, and Mahtomedi Public School District, on behalf of Mahtomedi High School (“MHS”), a political subdivision of the State of Minnesota (hereinafter collectively referred to as “Parties” and individually as “Party”). WITNESSETH: WHEREAS, the City owns and operates two ice arenas known as the St. Croix Valley Recreation Center (South and North Rinks) and the Lily Lake Ice Arena (collectively, “the Ice Arena”); and WHEREAS, the City currently has an agreement with the Mahtomedi Youth Hockey Association (“MYHA”) that expires on April 1, 2025, and it is the intent that while the Effective Date of this Agreement is the date of City Council approval, the Term of the Agreement shall begin upon the expiration of the agreement with MYHA; and WHEREAS, the City and MHS desire to enter into a long-term agreement whereby MHS secures Ice Time for its programs at the Ice Arena, and the City is able to rely on the sale of a minimum number of hours of Ice Time during the winter hockey season as well as an ongoing revenue stream to assist with funding its Capital Improvement Program (“CIP”) at the Ice Arena; and WHEREAS, the Parties acknowledge that, in addition to the Ice Time that is the subject of this Agreement, MHS may also separately purchase Ice Time from the City by mutual agreement of the Parties. NOW, THEREFORE, in consideration of above recitals, and the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the Parties hereto do covenant and agree as follows: ARTICLE 1 THE AGREEMENT A. Purposes. The purpose of this Agreement is to define the rights and obligations of the City and MHS with respect to the availability of Ice Time at the Ice Arena during each winter hockey season from October 25th of a given calendar year through March 15th of the following calendar year during this Agreement. 2 B. Cooperation. City and MHS shall cooperate and use their best efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The Parties agree in good faith to undertake resolution of disputes, if any, in an equitable and timely manner. C. Term. The Initial Term of this Agreement shall commence on April 2, 2025 and shall terminate on April 1, 2030(the “Initial Term”). This Agreement shall automatically renew for two (2) additional five-year terms (“Extended Term”) for up to a total of ten (10) years under the same terms and conditions set forth in this Agreement, unless amended by the Parties. D. Termination. Either Party may terminate this Agreement upon one (1) years’ written notice delivered to the other to the addresses listed in Article 4A, which shall be given no later than September 1st in the year prior to the year of termination. ARTICLE 2 THE ICE ARENA ICE RINK FACILITY USE A. Facility Administration. City shall be responsible for the operation, administration, and maintenance of the Ice Arena (including the ice rinks and the common areas) during this Agreement. B. Time Rental Rates. City customarily establishes annual uniform Ice Time rental rates in December of the preceding year that are reflected in the City’s Fee Schedule, and which shall be applicable to MHS of the Ice Time reserved by MHS pursuant to this Agreement. C. Payment. City shall submit an itemized invoice to MHS for Ice Time on a monthly basis. MHS shall promptly pay City the Ice Time invoices billed by City; and, in all events, Ice Time invoices shall be paid within forty (40) days following receipt by MHS of Ice Time invoices. D. Ice Time Availability. The Parties agree as follows with respect to Ice Time availability, between October 25th and March 15th of a winter hockey season (“Ice Time”): (1) Ice Time Availability: City agrees to make a certain number of hours available of Ice Time each year to support MHS ice recreational programs as follows: (a) 280 hours of Ice Time for each winter hockey season shall be reserved for MHS Monday through Saturday. 185 hours of Ice Time for each winter hockey season will be reserved for practices (at least one slot of which will be after school and every third week at Lily Lake) and 95 hours of Ice Time for each winter hockey season will be reserved for games at the St. Croix Valley Recreation Center’s South Rink (which will be scheduled after Stillwater Area High School games). (2) MHS to Review Schedule of the Hours of Ice Time Reservations to City by June 1 of Each Year: On or before June 1st of each year, MHS shall review and use the schedule of Ice Time availability provided by City, and work with City’s Representative, and shall 3 provide City with MHS’s schedule for a minimum number of the 280 hours of Ice Time as set forth in Article 2D(1)(a) above. MHS must reserve and pay for the minimum number of hours of Ice Time annually, whether the Ice Time is used by MHS or not. (3) Return of Ice Time Availability: City agrees that MHS shall be allowed to return scheduled Ice Time after August 1st of each year as long as MHS provides ninety (90) days’ written notice to the City prior to the date of the scheduled Ice Time being returned, provided however, that at no point will MHS’s Ice Time fall below the 280 hours reserved for MHS as outlined in Article 2D(2). E. CIP Contribution. In exchange for priority use in this Agreement, MHS shall make a one- time capital contribution payment of $5,000 to the City, which shall be due and payable within five (5) days of the Effective Date. The CIP Contribution shall be dedicated and used by the City for capital improvement projects at the Ice Arena, as identified in the City’s CIP. F. Locker Rooms. During the Initial Term or Extended Term of this Agreement, City agrees that MHS shall be allowed to use one male and one female locker room during its scheduled Ice Time at St. Croix Valley Recreation Center for a fee of $2,500 per locker room for the first winter hockey season of the Agreement and at the rate identified in the City’s Fee Schedule for all subsequent winter hockey seasons. The locker room fee shall be due and payable on or before October 25th of each year of the Agreement. If MHS only has one gender, it will only have use of one locker room. G. Damage to Ice Arena. MHS shall be liable to the City for any loss or damage to the Ice Arena caused by or in any way related to the act or omission of the use of the Ice Arena by MHS’s members, guests, employees, agents, representatives, volunteers, participants, spectators, or invitees. H. Unavailability of Ice Arena. Notwithstanding anything to the contrary contained herein, in the event the Ice Arena is unavailable for MHS’s use as a result of a fire, casualty, or any other reason during the times designated for MHS’s use of the Ice Arena, MHS’s right to use the Ice Arena shall be suspended until the Ice Arena is available for MHS’s use. MHS shall not be obligated to pay any amounts described in this Agreement that are attributable to the time the Ice Arena is unavailable. Any such suspension shall not extend the term of this Agreement. I. Ice Arena Rules and Regulations. MHS, its members, guests, employees, agents, representatives, volunteers, participants, spectators, or invitees, shall abide by the rules and regulations adopted by the City regarding the Ice Arena. City shall not, nor shall MHS intentionally allow anyone using the Ice Arena at its invitation or under its authority to commit or permit any act to be performed at the Ice Arena that is in violation of any statute, law, regulation or ordinance of any governmental authority. 4 ARTICLE 3 INDEMNIFICATION & REMEDIES A. Indemnification. MHS agrees to hold the City and its officers, agents, and employees harmless and defend and indemnify the City against any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney’s fees, occasioned by or arising in connection with the use of the Ice Arena by MHS or MHS’s members, guests, employees, agents, representatives, volunteers, participants, spectators, invitees or any third parties, including any and all claims for bodily injury or death or property loss or damage sustained as a result of use of the Ice Arena. B. Default. If a Party fails to perform one or more of its obligations under this Agreement, the non-defaulting Party shall give the defaulting Party written notice at the address set forth in this Agreement of the defaulting Party’s failure to perform such obligations, and if the defaulting Party fails to commence to perform the obligation within fifteen (15) business days and diligently pursue, to completion, the performance of the obligation as quickly as reasonably possible, the defaulting Party is in default of this Agreement (hereinafter a “Default”). Upon the occurrence of a Default, the non-defaulting Party may avail itself of the following remedies after written notice and a reasonable opportunity to cure: (1) The non-defaulting Party may commence a civil action against the defaulting Party for the specific enforcement of this Agreement; or (2) The non-defaulting Party may initiate a civil action against the defaulting Party seeking damages, equitable relief or such other relief as a court may deem appropriate. The defaulting Party must pay the non-defaulting Party for any and all reasonable costs, including reasonable attorneys’ fees and court costs, the non-defaulting Party incurs in connection with the non-defaulting Party’s exercise of its rights under this Agreement. ARTICLE 4 GENERAL PROVISIONS A. Notices. All notices or communications required or permitted pursuant to this Agreement shall be in writing and shall be either hand delivered or mailed to City and MHS, certified mail, return-receipt requested, at the following addresses: City: City Administrator Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 MHS: Mahtomedi High School 5 Attention: Athletic Director 8000 75th Street N. Mahtomedi, MN 55115 Either Party may change its address or authorized representative by written notice delivered to the other Party pursuant to this section. B. Authorized Representatives. The City has designated Doug Brady to act as the City’s representative and MHS as designated Aaron Forsyth to act as MHS’s representative with respect to this Agreement. They shall be assisted by other staff members as necessary to facilitate the completion of this Agreement in accordance with the terms established herein. The authorized representatives for both Parties shall have complete authority to transmit instructions, receive information, interpret, and define the Parties’ policies and decisions with respect to this Agreement. C. Non-Assignability. Neither Party shall assign an interest in this Agreement nor shall transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the other Party. D. Amendment. Any alteration, amendment, variation, modification or waiver of the provisions of the Agreement shall be valid only after it has been reduced to writing and signed by all Parties. E. Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on any one occasion by any Party hereto shall not constitute a waiver or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive. F. Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. G. Interpretation According to Minnesota Law. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota and any action must be venued in Washington County District Court. H. Entire Agreement. This Agreement shall constitute the entire agreement between the Parties and shall supersede all prior oral or written negotiations. I. Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of the Parties hereto and their permitted assigns, and nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature 6 under or by reason of this Agreement. J. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original document and together shall constitute one instrument. K. Captions and Headings. Captions and headings used in the Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of the intent of this Agreement. L. 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. [remainder of page intentionally left blank] 7 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. CITY OF STILLWATER By: Michael Polehna, Vice Mayor Attest: By: Beth Wolf City Clerk 8 MAHTOMEDI PUBLIC SCHOOL DISTRICT By: Name: Its: DATE: February 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Contract Agreement for Design Services for St. Croix Valley Rec Center Re-roof Project DISCUSSION The roof at the St. Croix Valley Rec Center was originally constructed with EPDM (ethylene propylene diene monomer) rubber and is now in need of replacement along with the ballast system. Staff has received a quote for HCM architects for design services for the architectural drawings and specifications for the roof replacement in the amount of $21,000. RECOMMENDATION Staff recommends entering into an agreement with HCM Architects for Design Services for the St. Croix Valley Rec Center Re-roof Project ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING HCM ARCHITECTS FOR DESIGN SERVICES THE ST. CROIX VALLEY REC CENTER RE- ROOF PROJECT 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 20th day of February, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Hagen, Christensen & McIlwain (HCM) Architects, 4201 Cedar Ave. S, Minneapolis, MN 55407 (“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: St. Croix Valley Recreation Center – Reroof Project 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 2/12/24, 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. This Agreement expires on 2/20/2025. 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. (Stillwater ~~ -' The Birthplace of Minnesota .) 2 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 Mick Greiner, 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 Dan Lawrence, 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. 3 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 4th Street North Stillwater, MN 55082 Attention: Mick Greiner Or e-mailed: mgreiner@stillwatermn.gov If to Consultant: HCM Architects 4201 Cedar Ave. S Minneapolis, MN 55407 Attention: Dan Lawrence Or e-mailed: lawrence@hcmarchitects.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as 4 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 By: Michael Polehna, Vice Mayor By: Beth Wolf, City Clerk Date: 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 20th day of February, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Hagen, Christensen & McIlwain (HCM) Architects, 4201 Cedar Ave. S, Minneapolis, MN 55407 (“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: St. Croix Valley Recreation Center – Reroof Project 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 2/12/24, 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. This Agreement expires on 2/20/2025. 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. (Stillwater ~~ -' The Birthplace of Minnesota .) 2 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 Mick Greiner, 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 Dan Lawrence, 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. 3 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 4th Street North Stillwater, MN 55082 Attention: Mick Greiner Or e-mailed: mgreiner@stillwatermn.gov If to Consultant: HCM Architects 4201 Cedar Ave. S Minneapolis, MN 55407 Attention: Dan Lawrence Or e-mailed: lawrence@hcmarchitects.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as 4 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 By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: HCM Arch itects By: Daniel Lawrence Its: Pr incipal Architect Date : February 16, 2024 Project Descr iption: St. Croix Valley Recreation Center -Reroof Project 5     Hagen, Christensen & McILwain Architects February 12, 2024 Mr. Mick Greiner  City of Stillwater 216 4th Street North Stillwater, Minnesota 55082 City of Stillwater St. Croix Valley Recreation Center Reroof Project Dear Mr. Greiner, Thank you very much for requesting this proposal of services for the Reroof project at the St. Croix Valley Recreation Center located at 1675 Market Drive. After our recent work with you on the City Wide Space Needs Study and the Public Works Reroof project, HCM Architects would greatly enjoy the opportunity of working with you and the City of Stillwater on this project. HCM understands that the City of Stillwater has contacted a roofing contractor (JA Northwest) regarding a specific roofing product (Conklin, Fabric-Reinforced Roofing System) that is to be installed over the entire scope of the project. HCM Architects will provide design documentation noting the following: • HCM will include Roof Spec, Inc. (RSI) as a Design Team consultant for this project. They will be assisting HCM with review of the drawings to ensure quality detailing of the proposed roofing replacement system. • Per the 2020 Minnesota Energy Code, Stillwater falls under Climate Zone 6A. The building is defined by a flat roof assembly (roof slope less than 2:12). Based on the constraints of the existing roof assembly (i.e., parapet heights, mechanical equipment), we understand that the project will meet the exception for not increasing the overall roof insulation thickness (see section C402.2.1.2) to the R-30 value. • HCM toured the site with City staff on two separate occasions, October 10, 2023, and November 16, 2023, to learn about the project scope and proposed roofing system. RSI joined us on the second tour along with team members from JA Northwest. The following is our detailed proposal of design services for this reroof project. If you have questions regarding this proposal, please give me a call. Once again, thank you for this opportunity. Sincerely, Dan Lawrence, AIA, Principal  4201 Cedar Avenue South Minneapolis, MN 55407 612-904-1332, lawrence@hcmarchitects.com  The following HCM proposed Reroof project scope is based on our site tour meetings dated October 10, 2023 and November 16, 2023: • The existing building is composed of multiple, varying height “boxes” that will all be included in the reroof project scope. The primary flat roof area is over the existing ice rink locations. • The existing EPDM roofing and ballast system needs replacement; this will be removed in its entirety, but the existing roof insulation (approx. 4” thick) will remain. • Perimeter parapet details, including the roof access stair on the east side of the building, will need to be reviewed and revised with new wood blocking and prefinished metal coping as required. • Roof to roof expansion joint transitions will need to be reviewed and revised to ensure watertight conditions; the existing cap flashing conditions are leaking. • Roof to exterior precast wall conditions will need to be reviewed and revised to ensure watertight conditions; the existing EPDM conditions are pulling away from the wall assembly. • The existing roof top mechanical units will not be removed nor raised due to the energy code exception. Nevertheless, a new single layer of 1” rigid insulation may be needed as underlayment below the new fabric-reinforced roofing system. Furthermore, if wet, damaged insulation or parapet plywood is discovered, a unit price will be established for these replacement scopes. • The new roofing is a multi-layer built-up coating system resulting in a white roof, non-ballasted assembly with a projected 20-year life. • The anticipated bidding for this Reroof project is to occur this Spring, 2024. Construction will follow with a tentative late Spring through Summer, 2024 schedule. Project Services & Schedule The following are the proposed services for this project: Task 1 - Construction Documents (Six (6) Weeks, Proposed: February 26, 2024 – April 5, 2024) • Collect any existing drawings from the City of Stillwater (Hard copies, PDF, CAD, etc.) • Develop CAD Roof Plans and all associated details (parapets, expansion joints, wall transitions, etc.) • Conduct one (1) site visit to field verify existing conditions and take critical measurements. • Two (2) subsequent design review meetings with the City and JA Northwest are anticipated. • Develop the detailed architectural drawings and specifications required for the bidding, permitting, and construction of the project. Task 2 – Bidding (Note: Schedule TBD, Spring 2024) • Issue electronic bidding documents. • Attend a Pre-Bid meeting. • Answer all inquiries about the project as required for the competitive bidding of the project. • Issue updates and Addenda if needed. • Review bids with the Owner. Task 3 - Construction Administration (Note: Schedule TBD, Spring - Summer 2024) • Attend regular schedule of construction meetings (assume 4 total). • Review ongoing construction work for compliance with construction documents. • Review shop drawings and product submittals and answer all RFI inquiries.  • Review payment applications and prepare change orders as needed. • Provide a final Punchlist of the completed project. • Review the completed project 11 months after the date of completion and report any issues or warranty problems to the contractor for correction.  Project Fees Fees will be billed on an Hourly Basis up to the maximums set below. The proposed Design Team fees for this project are as follows: Task 1 – Construction Documents Architectural (HCM) $ 12,500.00 Roofing Consultant (Roof Spec, Inc.) $ 4,000.00 Task 2 – Bidding Architectural (HCM) $ 1,000.00 Task 3 – Construction Administration Architectural (HCM) $ 2,500.00 Roofing Consultant (Roof Spec, Inc.) $ 1,000.00 Total Fees $ 21,000.00 Estimate of Reimbursable Expenses $ 500.00 Reimbursable expenses include printing, courier services, mileage, that will be billed at 1.0 times the costs. The noted value is a not to exceed amount. Schedule of HCM Architects Billable Rates (2024) Rate Principal Architect $195.00 / Hr. Architectural Staff $140.00 / Hr. Exclusions: a. We have not included structural engineering, mechanical engineering, or electrical engineering design services as part of this reroof proposal. If it’s determined these services are required, we’ll get proposals for this work as an additional service and proceed upon your review and approval. b. This proposal does not include environmental survey or assessment services. Acceptance If this proposal meets with your approval, please indicate your authorization to proceed by signing the ACCEPTED BY and returning a copy to us. Should this proposal not be accepted within 60 days from the date of proposal or should the scope of the project or services vary from the stated assumptions, Hagen, Christensen & McILwain Architects reserves the right to review and update this proposal as necessary. ACCEPTED BY: DATE: Should the scope of this project, services and/or timeline vary from the stated assumptions above, Hagen, Christensen, McILwain Architects reserves the right to review and update this proposal as necessary. Additional Design Team Services can be provided on an hourly basis depending on staff level at your request. Reimbursable expenses such as required mileage, prints, copies, etc. will be billed at 1.0 times the costs.     Hagen, Christensen & McILwain Architects February 12, 2024 Mr. Mick Greiner  City of Stillwater 216 4th Street North Stillwater, Minnesota 55082 City of Stillwater St. Croix Valley Recreation Center Reroof Project Dear Mr. Greiner, Thank you very much for requesting this proposal of services for the Reroof project at the St. Croix Valley Recreation Center located at 1675 Market Drive. After our recent work with you on the City Wide Space Needs Study and the Public Works Reroof project, HCM Architects would greatly enjoy the opportunity of working with you and the City of Stillwater on this project. HCM understands that the City of Stillwater has contacted a roofing contractor (JA Northwest) regarding a specific roofing product (Conklin, Fabric-Reinforced Roofing System) that is to be installed over the entire scope of the project. HCM Architects will provide design documentation noting the following: • HCM will include Roof Spec, Inc. (RSI) as a Design Team consultant for this project. They will be assisting HCM with review of the drawings to ensure quality detailing of the proposed roofing replacement system. • Per the 2020 Minnesota Energy Code, Stillwater falls under Climate Zone 6A. The building is defined by a flat roof assembly (roof slope less than 2:12). Based on the constraints of the existing roof assembly (i.e., parapet heights, mechanical equipment), we understand that the project will meet the exception for not increasing the overall roof insulation thickness (see section C402.2.1.2) to the R-30 value. • HCM toured the site with City staff on two separate occasions, October 10, 2023, and November 16, 2023, to learn about the project scope and proposed roofing system. RSI joined us on the second tour along with team members from JA Northwest. The following is our detailed proposal of design services for this reroof project. If you have questions regarding this proposal, please give me a call. Once again, thank you for this opportunity. Sincerely, Dan Lawrence, AIA, Principal  4201 Cedar Avenue South Minneapolis, MN 55407 612-904-1332, lawrence@hcmarchitects.com  The following HCM proposed Reroof project scope is based on our site tour meetings dated October 10, 2023 and November 16, 2023: • The existing building is composed of multiple, varying height “boxes” that will all be included in the reroof project scope. The primary flat roof area is over the existing ice rink locations. • The existing EPDM roofing and ballast system needs replacement; this will be removed in its entirety, but the existing roof insulation (approx. 4” thick) will remain. • Perimeter parapet details, including the roof access stair on the east side of the building, will need to be reviewed and revised with new wood blocking and prefinished metal coping as required. • Roof to roof expansion joint transitions will need to be reviewed and revised to ensure watertight conditions; the existing cap flashing conditions are leaking. • Roof to exterior precast wall conditions will need to be reviewed and revised to ensure watertight conditions; the existing EPDM conditions are pulling away from the wall assembly. • The existing roof top mechanical units will not be removed nor raised due to the energy code exception. Nevertheless, a new single layer of 1” rigid insulation may be needed as underlayment below the new fabric-reinforced roofing system. Furthermore, if wet, damaged insulation or parapet plywood is discovered, a unit price will be established for these replacement scopes. • The new roofing is a multi-layer built-up coating system resulting in a white roof, non-ballasted assembly with a projected 20-year life. • The anticipated bidding for this Reroof project is to occur this Spring, 2024. Construction will follow with a tentative late Spring through Summer, 2024 schedule. Project Services & Schedule The following are the proposed services for this project: Task 1 - Construction Documents (Six (6) Weeks, Proposed: February 26, 2024 – April 5, 2024) • Collect any existing drawings from the City of Stillwater (Hard copies, PDF, CAD, etc.) • Develop CAD Roof Plans and all associated details (parapets, expansion joints, wall transitions, etc.) • Conduct one (1) site visit to field verify existing conditions and take critical measurements. • Two (2) subsequent design review meetings with the City and JA Northwest are anticipated. • Develop the detailed architectural drawings and specifications required for the bidding, permitting, and construction of the project. Task 2 – Bidding (Note: Schedule TBD, Spring 2024) • Issue electronic bidding documents. • Attend a Pre-Bid meeting. • Answer all inquiries about the project as required for the competitive bidding of the project. • Issue updates and Addenda if needed. • Review bids with the Owner. Task 3 - Construction Administration (Note: Schedule TBD, Spring - Summer 2024) • Attend regular schedule of construction meetings (assume 4 total). • Review ongoing construction work for compliance with construction documents. • Review shop drawings and product submittals and answer all RFI inquiries.  • Review payment applications and prepare change orders as needed. • Provide a final Punchlist of the completed project. • Review the completed project 11 months after the date of completion and report any issues or warranty problems to the contractor for correction.  Project Fees Fees will be billed on an Hourly Basis up to the maximums set below. The proposed Design Team fees for this project are as follows: Task 1 – Construction Documents Architectural (HCM) $ 12,500.00 Roofing Consultant (Roof Spec, Inc.) $ 4,000.00 Task 2 – Bidding Architectural (HCM) $ 1,000.00 Task 3 – Construction Administration Architectural (HCM) $ 2,500.00 Roofing Consultant (Roof Spec, Inc.) $ 1,000.00 Total Fees $ 21,000.00 Estimate of Reimbursable Expenses $ 500.00 Reimbursable expenses include printing, courier services, mileage, that will be billed at 1.0 times the costs. The noted value is a not to exceed amount. Schedule of HCM Architects Billable Rates (2024) Rate Principal Architect $195.00 / Hr. Architectural Staff $140.00 / Hr. Exclusions: a. We have not included structural engineering, mechanical engineering, or electrical engineering design services as part of this reroof proposal. If it’s determined these services are required, we’ll get proposals for this work as an additional service and proceed upon your review and approval. b. This proposal does not include environmental survey or assessment services. Acceptance If this proposal meets with your approval, please indicate your authorization to proceed by signing the ACCEPTED BY and returning a copy to us. Should this proposal not be accepted within 60 days from the date of proposal or should the scope of the project or services vary from the stated assumptions, Hagen, Christensen & McILwain Architects reserves the right to review and update this proposal as necessary. ACCEPTED BY: DATE: Should the scope of this project, services and/or timeline vary from the stated assumptions above, Hagen, Christensen, McILwain Architects reserves the right to review and update this proposal as necessary. Additional Design Team Services can be provided on an hourly basis depending on staff level at your request. Reimbursable expenses such as required mileage, prints, copies, etc. will be billed at 1.0 times the costs.   DATE: February 20th, 2024 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Special Service District Board Background The City received 13 applications to serve on the newly created Special Service District Board for Downtown Stillwater. The City thought that consistent with most other commissions and committees, a five-member board would be sufficient. Staff reviewed applications and while all applicants were very strong and would provide good insight, geography of the applicants played a role in making the determinations. There was a high concentration of applicants on Main Street and Staff felt that striving for diverse geographic areas would provide greater insight. There are two reps from the middle of main, one from the norther portion of the district, two from the southern part of the district. Staff is recommending the following people be appointed to the Special Service District Board: Corey Buettner, Pat Wolf, Sara Jesperson, Tim Brown, Tony Misenor. In addition, there is typically rotating terms for commission seats. Staff is recommending seats held by Corey Buettner, Pat Wolf, and Sara Jesperson are three- year appointments and the seats filled by Tim Brown and Tony Misenor are two-year appointments Simply decided by alphabetic order of first name to establish a rotation going forward. Recommended Motion: Motion to approve the Board Member appointments.   DATE: February 14, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Temporary Liquor License for Ascension Church BACKGROUND The Ascension Church applied for a Temporary On-Sale Liquor License to be used at their facility located at 214 3rd Street N. on March 9, 2024. RECOMMENDATION Staff recommends approval contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve a Temporary On-Sale Liquor License to Ascension Church for March 9, 2024 contingent upon AGED approval. DATE: February 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Cody DeNucci, Assistant Public Works Superintendent SUBJECT: Approving Contract for Installation of Rooftops on Dumpster Enclosures BACKGROUND The City installed two dumpster enclosures along Water Street to the south of Nelson Street, the newest being installed in 2009. There have been complaints about the look and smell of these enclosures from the public. Rain and heat are the cause of the smell. To combat the issues with the smell and the look, staff has decided to install rooftops on the two older dumpster enclosures to match the newest dumpster enclosure on the very south end of Water Street. Staff collected 3 bids, with Legacy Exteriors being the lowest bid at $18,940.00. RECOMMENDATION It is recommended that Council approve the contract with Legacy Exteriors for the addition of two rooftops on the dumpster enclosures along Water Street. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion APPROVING THE CONTRACT WITH LEGACY EXTERIORS FOR DUMPSTER ENCLOSURES ON WATER STREET 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 20th day of February, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Legacy Exteriors, 1725 Tower Dr. W. STE 140, Stillwater, MN 55082 (“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; Dumpster Enclosures 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 1/26/24, 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. 2 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. 3 8. CITY’S REPRESENTATIVE. The City has designated Cody Denucci 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 Dan Sedlacek 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 party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Legacy Exteriors 216 4th Street North 1725 Tower Dr. W. STE 140 Stillwater, MN 55082 Stillwater, MN 55082 Attention: Cody DeNucci Attention: Dan Sedlacek Or e-mailed: cdenucci@stillwatermn.gov Or emailed: danlegacyx@gmail.com 4 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 By:____________________________________ Beth Wolf, City Clerk CONTRACTOR Legacy Exteriors By:~------ By (Please Print): J)v, 5£.t>I.A-CL:L Title (Please Print):_,O"--w""""""°_.(}...,,U=----------- Project Description: Dumpster Enclosures 5 1725 Tower Dr. W. STE 140 Stillwater MN 55082 - (Dan) 651-775-0749 MN Builders License #BC630634 CITY OF STILLWATER 1-26-2024 216 N. 4TH STREET STILLWATER, MN 55082 SCOPE OF WORK INCLUDED PER SUBMITTED PROPOSAL: We propose to furnish materials and labor to complete the scope of work described as: The Water Street Dumpster Enclosure Bid Proposal located in downtown Stillwater, Mn. PRE-CONSTRUCTION PREPARATION & GENERAL PRACTICES PERMITS & MISC. o Apply for, pick up, deliver and appropriately post permit on site o Schedule all required inspections with local authority o All work performed will be completed at or above local building codes DEBRIS REMOVAL o Provide dumpsters & towable dump trailers as needed for material disposal o Clean site daily upon completion of daily work and perform a final clean upon completion PORTABLE RESTROOM o Maintained as needed o Remove upon substantial completion of project PROTECTION o Secure construction site as needed to keep pedestrians and children away from the work zone. GENERAL CONDITIONS INCLUDED o All material & labor costs associated to complete the scope of work listed in this proposal o All soft costs - Project management, supervision and overhead/profit fee’s o Permit fees to the City of Stillwater CONSTRUCTION PROCESS – SCOPE OF WORK INCLUDED IN PROPOSED TOTAL DUMPSTER ENCLOSURE #1 (22' x 11') o Install 6x6 treated posts above metal beam to transfer roof load to beam pockets (22LF) o Install 2"x4" green treat sill plate on rear of enclosure using concrete anchors to prevent uplift o Install 2"x8" green treat rafters 24" OC with a slight pitch to the rear for water drainage o Install 2"x4" & 2"x6" fascia on front and rear elevations (44LF of each) o Install 4'x8' sheets of 3/4" green treated plywood to cap roof deck (242sf) o Install 242SF of High Temp ice and water shield over entire surface of the roof deck – The use of high temp ice and water under metal roofing is required. o Install 242SF of brown 28G pro-rib metal corrugated roof panels using color matched grommet screws. o Install 66LF of matching brown metal eave trim around perimeter of roof as finish trim o All green treat framing members & plywood will be secured with galvanized fasteners o Site clean-up and debris removal/haul away included TOTAL COST TO BUILD ROOF ENCLOSURE #1 - $9,780.00 DUMPSTER ENCLOSURE #2 (18' x 11') o Install 6x6 treated posts above metal beam to transfer roof load to beam pockets (18LF) o Install 2"x4" green treat sill plate on rear of enclosure using concrete anchors to prevent uplift o Install 2"x8" green treat rafters 24" OC with a slight pitch to the rear for water drainage o Install 2"x4" & 2"x6" fascia on front and rear elevations (36LF of each) o Install 4'x8' sheets of 3/4" green treated plywood as the roof decking (198sf) o Install 198SF of High Temp ice and water shield over entire surface of the roof deck – The use of high temp ice and water under metal roofing is required. o Install 198SF of brown 28G pro-rib metal corrugated roof panels using color matched grommet screws. o Install 58LF of matching brown metal eave trim around perimeter of roof as finish trim o All green treated framing members & plywood will be secured with galvanized fasteners o Site clean-up and debris removal/haul away included TOTAL COST TO BUILD ROOF ENCLOSURE #2 - $9,160.00 NOTES BOTH ENCLOSURE ROOFS TO LOOK LIKE THE PREVIOUSLY BUILT ENCLOSURE IDENTIFIED ALL MATERIALS, LABOR AND PERMIT FEE'S INCLUDED NO PAINTING OR STAINING PROMISED AT THIS TIME. LOCAL REFERENCES FOR LIKE -KIND WORK CAN BE SENT UPON REQUEST PROPOSAL TOTAL LEGACY EXTERIORS, LLC PROPOSES TO BUILD TWO STRUCTURAL ROOF ENCLOSURES OVER EXISTING CONCRETE BLOCK WALLS FOR A TOTAL OF ($18,940.00) EIGHTEEN THOUSAND NINE-HUNDRED FORTY DOLLARS EVEN… ACCEPTANCE OF PROPOSAL The above specifications, conditions and pricing are satisfactory and are hereby accepted. Legacy Exteriors, LLC is authorized to complete the structural & roofing work as specified above. Payments due to Legacy Exteriors, LLC will be made as follows: PAYMENT DUE IN FULL AT COMPLETION Signed: Date: CITY OF STILLWATER   DATE: February 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, City Engineer SUBJECT: Agreement Dedicating a Land-Use License for the Brown’s Creek Restoration Project Between the City of Stillwater and Brown’s Creek Watershed District BACKGROUND Brown’s Creek Watershed District is undergoing a project, at its own cost, to address the impairments and improve the ecological health of Brown’s Creek. The project involves the restoration of roughly 2,000 feet of the creek from McKusick Road just upstream of Brown’s Creek Park to just downstream of the Brown’s Creek State Trail in Stillwater, and the design includes:  reconnection of cutoff meanders, pattern adjustments to increase stream sinuosity, and grade control to reconnect the floodplain adjacent to the creek;  reconnect the floodplain and remove invasive species from the bank and upstream areas along the reach;  bank shaping and selective tree thinning to promote herbaceous understory growth;  restoration of fish habitat with rock riffles and pools to increase spawning opportunities and provide stable refuge for macroinvertebrates;  establishment and maintenance of vegetation; and  improved access to the creek from Brown’s Creek State Trail. Stillwater is granting a license to BCWD during the term of the project, but the public can continue use the area, as long as it does not interfere with the project. ACTION REQUESTED MOTION TO APPROVE Agreement Between the City of Stillwater and Brown’s Creek Watershed District Agreement Dedicating a Land-Use License for the Brown’s Creek Restoration Project Between the City of Stillwater and Brown’s Creek Watershed District THIS AGREEMENT (“Agreement”) is made by and between the City of Stillwater, a Minnesota municipal corporation (“Stillwater”), and Brown’s Creek Watershed District, a special purposes governmental entity of the State of Minnesota with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D (“BCWD”), for purposes of conveyance by Stillwater to BCWD of property rights necessary for construction and maintenance of a creek-improvement project. Recitals A.Stillwater owns in fee simple the Brown’s Creek Nature Preserve, 10.8 acres of certain real property in the southwest corner of McKusick Road North and Neal Avenue North in the City of Stillwater, Washington County, property identification number 19-030-20- 41-0001 (the “Stillwater Property”). B.Brown’s Creek Watershed District has an approved and adopted watershed management plan in fulfillment of Minnesota Statutes section 103B.231 including policies committing BCWD to the improvement of the water quality and ecological integrity of Brown’s Creek and its tributaries, including maintaining a viable cold-water fishery and maintaining the hydrology and geomorphology of Brown’s Creek and its tributaries required for stream equilibrium and health, and the capital improvements program in the plan includes creek-restoration projects addressing impairments of Brown’s Creek for turbidity and fish-bioassessments identified in the Brown’s Creek Total Maximum Daily Load Plan (2012) and the Brown’s Creek Thermal Study (2016), including improvement of reaches categorized as having degraded stream channel geomorphology by addressing lack of buffer, stream width, overhanging banks, and profile and alignment. C. At the direction of the BCWD Board of Managers to address the impairments and improve the ecological health of Brown’s Creek, the BCWD staff and engineer developed a conceptual design for restoration of roughly 2,000 feet of the creek from McKusick Road just upstream of Brown’s Creek Park to just downstream of the Brown’s Creek State Trail in Stillwater, and the design includes: •reconnection of cutoff meanders, pattern adjustments to increase stream sinuosity, and grade control to reconnect the floodplain adjacent to the creek; •reconnect the floodplain and remove invasive species from the bank and upstream areas along the reach; •bank shaping and selective tree thinning to promote herbaceous understory growth; •restoration of fish habitat with rock riffles and pools to increase spawning opportunities and provide stable refuge for macroinvertebrates; • establishment and maintenance of vegetation; and • improved access to the creek from Brown’s Creek State Trail. (Altogether, the elements listed here constitute and are referred to as “the Project” for purposes of this Agreement.) The Project will also include the development and implementation of a plan for post-construction maintenance of the Project (the “Maintenance Plan”). D. The Project includes work on the Stillwater Property, among others, and Stillwater has agreed to provide rights to access and use the Stillwater Property to facilitate implementation and maintenance of the Project. E. After presentation by staff and the engineer of the concept for and assessment of the feasibility of the Project at its July 2023 regular meeting and a duly noticed public hearing pursuant to Minnesota Statutes section 103B.251, subdivision 3, at its September 2023 regular meeting, the managers adopted BCWD Resolution 23-04, ordering the Project. F. BCWD has secured $320,700 in federal water-quality grant funding, administered by the Minnesota Pollution Control Agency, for the Project and construction will benefit Stillwater and its citizens by stabilizing and improving the Stillwater Property, securing it against loss from erosion, and benefitting the public generally by improving the ecological health of the creek and wildlife habitat. The parties acknowledge in executing this Agreement that sufficient mutual consideration is exchanged under the terms hereof, and that this Agreement sets forth obligations that are duly binding on the parties. G. Stillwater and BCWD are authorized by Minnesota Statutes section 471.59 to enter into this Agreement for purposes of the Project. Agreement NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated into and made a part of this Agreement, and to facilitate the Project for the benefit of the public, the parties agree as follows: 1. Approval of design and plans. BCWD has contracted with the BCWD engineer, Emmons & Olivier Resources Inc., for the preparation of a design and plans for the Project, attached hereto and incorporated herein as Exhibit A. By the signature of its authorized officials hereunder, Stillwater approves the plans and design in Exhibit A. BCWD makes no warranty regarding the BCWD engineer’s or another third party’s performance in design, construction or construction management for the Project. 2. Maintenance Plan. The Project includes, and the parties will collaborate on, the development and implementation of a maintenance plan for the portions of the Project on the Stillwater Property as follows: a. BCWD will contract with the BCWD engineer for the development, in collaboration with Stillwater, of the Maintenance Plan, which will provide specific written procedures and protocols for maintenance and monitoring the Project. BCWD will submit the final draft Maintenance Plan for Stillwater’s review and approval in accordance with paragraph 6b herein. b. BCWD will complete or contract for the implementation of the Maintenance Plan, once approved pursuant to paragraph 6b herein, for the duration of the License period. 3. Property-Use License a. Stillwater hereby grants and conveys to BCWD, its contractors, agents, successors and assigns, an irrevocable term license over, under, upon and across that portion of the Stillwater Property shown and labeled “Project Area” on Exhibit B, attached hereto and incorporated herein, for purposes of access to and construction on the Stillwater Property to construct the Project, and for purposes of maintaining the Project after construction (the “License”). The License includes the right of ingress and egress and to pass over and through the Project Area on foot and using motorized equipment for staging of construction, construction and implementation of the Project and the right to plant, install stabilization techniques, alter existing grades and perform grading and filling within the Project Area necessary to achieve the intended purposes of the Project. The rights granted hereby include the right to lay and maintain temporary utilities across or above the surface of the Project Area for purposes of implementation, construction and maintenance of the Project. b. During the term of the License, Stillwater will not use or allow the use of the Project Area in any manner that would damage or interfere with the Project. Specifically, Stillwater will not undertake or allow any grading, filling or alteration of the surface of the Project Area by any party other than BCWD, its contractors, agents, successors or assigns, or the construction of any hard- surfaced areas, fences, sheds, structures or similar improvements within the Project Area, except that Stillwater may and is encouraged to undertake its own efforts, after substantial completion of the Project, to remove invasive species from the Project Area in coordination with BCWD. Stillwater may use and enjoy and may allow the public use and enjoyment of the Stillwater Property and the Project Area for all purposes, but such use and enjoyment are subject to the restrictions stated herein and the temporary right of BCWD to use the same for the purposes herein expressed. BCWD representatives, agents and contractors may enter the Project Area at reasonable times to monitor activities on and uses of the Project Area. In acting under this paragraph, BCWD will not unreasonably interfere with Stillwater’s use and operation of the Stillwater Property. BCWD may act to prevent or remedy all activities and uses of the Project Area not consistent with the terms of the License at BCWD’s sole expense. BCWD, on reasonable notice to Stillwater, may temporarily restrict or preclude public access to a portion or portions of the Project Area to ensure safety while construction or maintenance activities are under way. 4. Property Condition. On completion of construction of the Project, BCWD will restore the Stillwater Property to materially the same condition as existed prior to the commencement of construction, except to the extent that the Stillwater Property is improved by the Project. In the event the Stillwater Property is damaged by the activities of BCWD or its contractors, agents or assigns pursuant to the exercise of any of BCWD’s rights under this Agreement, BCWD will promptly repair or restore the Stillwater Property to the extent reasonably practicable or to a condition agreed to by BCWD and Stillwater. BCWD will repair, seed or plant disturbed or damaged areas with vegetation suitable for Stillwater’ intended uses of the Stillwater Property. Stillwater agrees and acknowledges that BCWD will not be responsible for any preexisting conditions on the Stillwater Property, environmental or otherwise, or for any damage to the Stillwater Property or liability arising out of or related to such preexisting conditions. 5. BCWD’s specific rights and duties. In addition to its rights and responsibilities for fulfillment of the terms of this Agreement as provided herein, BCWD has rights and duties as follows: a. BCWD will contract with the BCWD engineer for construction oversight and otherwise manage the implementation of the Project in accordance with the design and plans in Exhibit A. b. BCWD will obtain, at its expense, all required permits and approvals and will bear the costs and fees associated with complying with regulatory requirements applicable to the Project. c. BCWD will contract in accordance with state public procurement and other applicable law for the construction and implementation of the Project. In contracting for the construction of the Project, BCWD will require that: i. The contractor restrict all of its activities to the Project Area of the Stillwater Property as specified in section 2 herein and Exhibit B. ii. The contractor name Stillwater as an additional insured for general liability with primary and noncontributory coverage and provide a certificate showing same prior to start of construction. iii. The contractor indemnify, defend and hold Stillwater harmless from any and all actions, costs, damages and liabilities of any nature arising from the contractor’s negligent or otherwise wrongful act or omission, or breach of a specific contractual duty, or a subcontractor’s negligent or otherwise wrongful act or omission, or breach of a specific contractual duty owed by the contractor to BCWD. iv. The contractor extend any warranties applicable to the Stillwater Property to Stillwater. v. The contractor assess the need for and obtain all permits and other regulatory approvals applicable to the Project on behalf of BCWD and Stillwater, except as may be obtained by BCWD. d. BCWD will notify Stillwater at least 10 calendar days prior to commencement of construction of the Project, and within 10 days of substantial completion of construction. (For purposes of this Agreement and the Project generally, “substantial completion” is defined as completion of all elements of the Project as described herein for the intended purposes of the Project, except establishment and maintenance of vegetation, and implementation of the Maintenance Plan, as specified and defined in section 2 herein, all of which will continue after substantial completion.) e. BCWD will submit documentation of any material change in the design and plans in Exhibit A in advance to Stillwater for approval. f. BCWD will provide Stillwater with as-built drawings of the portion of the Project on the Stillwater Property and a draft Maintenance Plan within 60 days of substantial completion of construction. g. BCWD will commence performance or contract for the performance of maintenance of the Project on approval of the draft Maintenance Plan by Stillwater, as provided in paragraph 6b herein. As between BCWD and Stillwater, BCWD will retain responsibility for establishment of vegetation and implementation of the Maintenance Plan. h. Until substantial completion of the Project, if BCWD, in its judgment, should decide that the Project is infeasible, BCWD, at its option, may declare the Agreement rescinded and annulled. If BCWD so declares, BCWD will immediately provide written notice to Stillwater, and all obligations herein, performed or not, will be void and, if land-disturbing activities for the Project have commenced, BCWD will return the Stillwater Property materially to its prior condition or to a condition agreed to in writing by Stillwater and BCWD. 6. Stillwater’ specific rights and duties. In addition to its rights and responsibilities for fulfillment of the terms of this Agreement and the License as provided herein, Stillwater has rights and duties as follows: a. Stillwater will cooperate with efforts undertaken by BCWD and its contractors to obtain permits and approvals needed for the Project, and by the execution of its authorized officials below, Stillwater authorizes BCWD to apply for such permits and approvals on its behalf. Stillwater, in its regulatory capacity, will facilitate the proper and efficient processing of any permits and approvals needed for the Project. b. Review and approval of the Maintenance Plan. In accordance with section 2 herein and paragraph 5f, BCWD will timely provide a draft of the Maintenance Plan to Stillwater staff for their review and comment. Stillwater will have 60 days from receipt to review and approve the final draft Maintenance Plan. Failure to act within the specified time will constitute approval. Stillwater’ approval will not be unreasonably withheld. 7. Costs. As between the parties, BCWD will be responsible for all costs of design, specification, construction, construction oversight and management for the Project, and development and implementation of the Maintenance Plan. Stillwater conveys the License pursuant to the terms of this Agreement at no cost to BCWD. In addition, the parties each will bear their own incidental costs of determination and completion of their responsibilities and exercise of their rights hereunder. 8. Termination, Expiration of License. The License granted hereunder will expire 25 years from the date of complete execution of this Agreement, unless terminated earlier in accordance with the following: a. BCWD notifies Stillwater that the License is no longer needed, or, b. Stillwater conveys all or a portion of the Project Area to a third party, in which event Stillwater agrees to notify BCWD at least 90 days prior to such conveyance, to notify the buyer of the License, and to facilitate communication between the BCWD and the buyer to help ensure BCWD’s continued ability to utilize the Project Area for the purposes specified herein. On completion of implementation of the Project, all improvements made to the Stillwater Property thereby will become the property of Stillwater and BCWD will have no ownership interest in the improvements, notwithstanding BCWD’s ongoing maintenance obligations under this Agreement. 9. Independent Relationship; Liability. This Agreement does not create a joint powers board or organization within the meaning of Minnesota Statutes, Section 471.59. Each party agrees that it will be responsible only for its own acts and omissions, and the results thereof to the extent authorized by the law and will not be responsible for the acts or omissions of the other party or the results thereof. This Agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. Neither party will be liable for special, indirect, incidental, punitive, exemplary or unforeseeable consequential damages arising out of or in connection with its respective obligations under this Agreement. Specific performance and quantum meruit explicitly are available remedies for the failure of a party to perform any obligation hereunder and do not require a demonstration that other remedies are inadequate. Remedies are non- exclusive. Stillwater and BCWD enter this Agreement solely to facilitate the construction, implementation and maintenance of the Project and to achieve and sustain its purposes. Nothing herein will be construed to constitute approval of any permit or other regulatory approval required by any party, nor does this Agreement in any way modify or delegate any party’s regulatory authority. 10. Insurance. BCWD will require its contractors, agents, successors and assigns to carry commercial general liability coverage for injury to or death of a person or persons and for damage to property caused by the performance of the Project. Stillwater will remain solely responsible for maintaining liability and other insurance for its use of and authority over the Stillwater Property. 11. Delivery of Notices. All notices required or permitted under this Agreement will be in writing at the address or email below or to such other address as a party may designate by written notice to the other. If to Stillwater: Director Public Works/Engineering City of Stillwater 216 – 4th St. North Stillwater MN 55082 ssanders@ci.stillwater.mn.us If to BCWD: Brown’s Creek Watershed District Attn: Administrator 455 Hayward Ave North Oakdale, MN 55128 KKill@mnwcd.org 651-330-8220 12. Severability. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, is held invalid or unenforceable, such provision will be modified to the extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such provision will not be affected thereby. 13. Venue; governing law. Venue for any adjudication arising from this Agreement will be in the district court of Washington County, Minnesota, and the Agreement will be construed and governed by the laws of the State of Minnesota. 14. No waiver of immunity. No provision of this Agreement will be interpreted as a waiver of any statutory or common-law immunity by or limitation of liability available to BCWD, all such immunities and limitations being expressly reserved by BCWD. [remainder of page intentionally left blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. City of Stillwater ______________________________ By Ted Kozlowski Its Mayor Attest ______________________________ By Beth Wolf Its City Clerk Date:_________________________ Brown’s Creek Watershed District ______________________________ By Klayton Eckles Its President Approved as to form and execution ______________________________ BCWD counsel Date:_________________________ EXHIBIT A Project Design & Plans THE 2020 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN. CONTRACTOR SHALL TAKE ALL NECESSARY MEASURES TO MAINTAIN OPERATION OF EXISTING UTILITIES THROUGHOUT THE DURATION OF THE PROJECT. IN THE EVENT THAT AN INTERRUPTION OF SERVICE IS UNAVOIDABLE IN ORDER TO COMPLETE THE WORK, CONTRACTOR SHALL PROVIDE ADEQUATE NOTIFICATION TO ALL AFFECTED ENTITIES A MINIMUM OF 3 WORKING DAYS IN ADVANCE OF ANY INTERRUPTION. THE LOCATION OF UNDERGROUND FACILITIES AND/OR STRUCTURES AS SHOWN ON THE PLANS ARE BASED ON AVAILABLE RECORDS AT THE TIME THE PLANS WERE PREPARED AND ARE NOT GUARANTEED TO BE COMPLETE OR CORRECT. EXISTING UTILITIES IT IS THE LAW THAT ANYONE EXCAVATING AT ANY SITE MUST NOTIFY GOPHER STATE ONE CALL (GSOC) SO THAT UNDERGROUND ELECTRIC, NATURAL GAS, TELEPHONE OR OTHER UTILITY LINES CAN BE MARKED ON OR NEAR YOUR PROPERTY BEFORE ANY DIGGING BEGINS. A 48-HOUR NOTICE, NOT INCLUDING WEEKENDS, IS REQUIRED. CALLS CAN BE MADE TO GSOC AT 1-800-252-1166 OR (651) 454-0002, MONDAY THROUGH FRIDAY (EXCEPT HOLIDAYS) FROM 7 A.M. TO 5 P.M. GOPHER STATE ONE-CALL GENERAL NOTES CONSTRUCTION NOTE GOVERNING SPECIFICATIONS ALL TRAFFIC CONTROL DEVICES AND SIGNING SHALL CONFORM TO MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, INCLUDING FIELD MANUAL FOR TEMPORARY CONTROL ZONE LAYOUTS. THE CONTRACTOR IS RESPONSIBLE FOR CONTACTING ALL UTILITIES 72 HOURS PRIOR TO CONSTRUCTION TO DETERMINE THE EXACT LOCATION OF ALL FACILITIES AND TO PROVIDE ADEQUATE PROTECTION OF SAID UTILITIES DURING THE COURSE OF WORK. THE SUBSURFACE UTILITY INFORMATION SHOWN IS UTILITY QUALITY LEVEL D, AS DETERMINED USING THE GUIDELINES OF "CI/ASCE 38-02 STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." BROWN'S CREEK WATERSHED DISTRICT BROWN'S CREEK PARK STREAM RESTORATION WASHINGTON COUNTY, STILLWATER, MN FINAL DESIGN PLAN SET 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. WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 DESIGNED BY: EOR BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXXDANIEL E. MOSSING DATE: 2/5/2024 LICENSE #57796 DRAWN BY: DEM DESCRIPTION 2 3 4 5 6 1 NO. DATE WASHINGTON COUNTY MINNESOTA, USA PROJECT LOCATION, REFERENCE MAP w a t e r e c o l o g y c o m m u n i t y Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e FINAL DESIGN PLAN SET2/5/2024 PROJECT LOCATION Sheet List Table Sheet Number Sheet Title 01 TITLE SHEET 02 NOTES & SEQ 03 PROJECT OVERVIEW 04 TREE HARVEST PLAN 1 05 TREE HARVEST PLAN 2 06 TREE HARVEST PLAN 3 07 EXISTING STREAM PROFILE 08 EXISTING CONDITIONS PLAN & PROFILE - 1 09 EXISTING CONDITIONS PLAN & PROFILE - 2 10 EXISTING CONDITIONS PLAN & PROFILE - 3 11 EXISTING CONDITIONS PLAN & PROFILE - 4 12 EXISTING CROSS SECTIONS - 1 13 EXISTING CROSS SECTIONS - 2 14 EXISTING CROSS SECTIONS - 3 15 REFERENCE CROSS SECTIONS 16 PROPOSED PLAN & PROFILE - 1 17 PROPOSED PLAN & PROFILE - 2 18 PROPOSED PLAN & PROFILE - 3 19 PROPOSED PLAN & PROFILE - 4 20 PROPOSED ADA ACCESS TRAIL 21 ESC & RESTORATION PLAN 1 22 ESC & RESTORATION PLAN 2 23 ESC & RESTORATION PLAN 3 24 DETAILS - 1 25 DETAILS - 2 26 DETAILS - 3 27 DETAILS - 4 28 DETAILS - 5 CHECKED BY: MJM [01- EMMONS & OLIV 1919 UNIV IER RESOU TEL: 651 . AVE. W. #300 RCES, INC . . 770.8448 ST. PAUL M WWW.EORINC.CO~ ~ ~ ® 11nowea"lirs below. befon, you dig. ~ROW N'S WA~E EK DI 5 RS H E D TR-1 C T TITLE SHEET SHEET 01 OF 28 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM GENERAL SITE WORK NOTES 1. TOPOGRAPHIC SURVEY CONDUCTED DECEMBER 12, 2022 BY EOR, INC. SURVEY CONDUCTED USING THE WASHINGTON COUNTY COORDINATES SYSTEM, US SURVEY FEET, ELEVATIONS IN NAVD88 VERTICAL DATUM. 2. VERIFY HORIZONTAL LOCATION AND ELEVATION WHERE A CONNECTION TO EXISTING SITE FEATURE IS TO BE MADE. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER OF ANY DISCREPANCIES OR VARIATIONS FROM THE PLANS. 3. REFERENCE TO MN/DOT SPECIFICATIONS SHALL MEAN DIVISIONS II AND III OF THE 2020 SPECIFICATIONS FOR CONSTRUCTION. 4. A CONSTRUCTION STAGING PLAN SHALL BE PREPARED AND SUBMITTED BY THE CONTRACTOR FOR REVIEW BY THE PROJECT ENGINEER FOR ANY DELIVERY & TEMPORARY STORAGE OF MATERIALS. CONTRACTOR SHALL ALSO SUBMIT FOR APPROVAL A CONSTRUCTION PHASING AND SCHEDULE OUTLINE. 5. ALL CONSTRUCTION WORK SHALL BE COMPLETED WITHIN CITY APPROVED WORKING HOURS. 6. PROPOSED WORK MUST BE IN COMPLIANCE WITH ANY AND ALL CITY, COUNTY AND STATE RULES. CONTRACTOR IS EXPECTED TO OBTAIN ANY REQUIRED PERMITS BEYOND DNR PUBLIC WATERS, WATERSHED DISTRICT AND U.S. ARMY CORPS PERMITS. 7. A PRE-CONSTRUCTION MEETING WILL BE REQUIRED WITH ENGINEER PRIOR TO ANY MOBILIZATION OF CONSTRUCTION EQUIPMENT OR MATERIAL. 8. CONTRACTOR SHALL BE RESPONSIBLE FOR SURVEY AND STAKING, AS NECESSARY, TO MATCH THE GRADES AND ELEVATIONS DETAILED IN THESE PLANS AND SPECIFICATIONS. 9. CONTRACTOR SHALL ASSURE COMPLIANCE WITH APPLICABLE CODES AND REGULATIONS GOVERNING THE WORK AND MATERIALS SUPPLIED. 10. CONTRACTOR IS RESPONSIBLE FOR ONGOING MAINTENANCE OF NEWLY INSTALLED MATERIALS UNTIL TIME OF SUBSTANTIAL COMPLETION. REPAIR OF ACTS OF VANDALISM OR DAMAGE THAT MAY OCCUR PRIOR TO SUBSTANTIAL COMPLETION SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. 11. SCHEDULES TAKE PRECEDENCE OVER GRAPHICAL ELEMENTS IF DISCREPANCIES IN QUANTITIES EXIST. SPECIFICATIONS DETAILS TAKE PRECEDENCE OVER NOTES AND DETAILS. 12. EQUIPMENT SHALL HAVE A THUMB ATTACHMENT FOR INSTALLATION OF INSTREAM STRUCTURES. SITE DEMOLITION & REMOVAL NOTES 1. ALL VEGETATION REMOVAL INCLUDING SOD, WINDFALL/DEADFALL, TREES < 6 INCH DBH, AND BRUSH REMOVAL SHALL BE CONSIDERED INCIDENTAL TO SITE CLEARING. ALL WOOD MATERIAL NOT USED FOR THE PROJECT MAY BE CHIPPED ONSITE. GENERAL UTILITY NOTES 1. CONTRACTOR SHALL CONTACT 'GOPHER STATE ONE CALL' WITHIN TWO WORKING DAYS PRIOR TO EXCAVATION/CONSTRUCTION FOR UTILITY LOCATIONS. 2. PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL FIELD VERIFY ALL EXISTING UTILITY LOCATIONS AND INVERTS, SHOWN OR NOT SHOWN. ANY DISCREPANCY BETWEEN PLANS AND FIELD CONDITIONS SHALL BE REPORTED TO THE ENGINEER IMMEDIATELY. 3. CONTRACTOR SHALL BE RESPONSIBLE FOR CONTACTING ALL PUBLIC AND PRIVATE UTILITIES FOR LOCATIONS OF UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES, OR OTHER BURIED STRUCTURES BEFORE COMMENCING CONSTRUCTION ACTIVITIES. 4. CONTRACTOR SHALL IMMEDIATELY CONTACT AFFECTED UTILITY COMPANIES TO REPORT ANY DAMAGE OF UTILITIES. CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. CONSTRUCTION LIMITS AND ACCESS 1. CONSTRUCTION SHALL BE LIMITED TO THE LIMITS OF DISTURBANCE NOTED ON PLAN SHEETS, EXCEPT AS APPROVED BY THE PROJECT ENGINEER AND OWNER. DISTURBANCE WITHIN THE CONSTRUCTION LIMITS SHALL BE FURTHER LIMITED TO THE GREATEST EXTENT PRACTICABLE TO MINIMIZE IMPACTS TO THE RIPARIAN CORRIDOR. 2. DISTURBANCE WITHIN THE CONSTRUCTION LIMITS AS WELL AS ACCESS ROUTES TO THE CONSTRUCTION LIMITS, MATERIAL STOCKPILE LOCATIONS, AND OTHER ACTIVITIES OUTSIDE OF THE CONSTRUCTION LIMITS SHALL BE PROPOSED BY THE CONTRACTOR IN WRITING (PLAN AND SKETCH), AND APPROVED BY THE PROJECT ENGINEER AND OWNER. 3. ANY DISTURBANCE OUTSIDE OF AREAS APPROVED FOR DISTURBANCE WITHIN THE CONSTRUCTION LIMITS AND APPROVED ACCESS ROUTES AND STOCKPILE LOCATIONS ARE TO BE REPAIRED BY THE CONTRACTOR, PER THE DISCRETION OF THE PROJECT ENGINEER OR OWNER AT THE COST OF THE CONTRACTOR. 4. PUBLIC INFRASTRUCTURE AND PRIVATE IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: ROADWAY SURFACES, BRIDGES AND ABUTMENTS, DRIVEWAYS, FENCES, SIDEWALKS, CURB, WELLS, MANHOLES AND STRUCTURES ARE TO BE PROTECTED BY THE CONTRACTOR AT THE COST OF THE CONTRACTOR. ANY DAMAGES SHALL BE REPAIRED PER THE DISCRETION OF THE PROJECT ENGINEER OR OWNER AT THE COST OF THE CONTRACTOR. 5. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY REQUIRED TRAFFIC CONTROL, RIGHT OF WAY, AND/OR ACCESS PERMITS. TREE PROTECTION AND HARVEST 1. SITE CLEARING FOR ACCESS ROUTES AND RESHAPING OF STREAMBANKS TO INCLUDE HARVEST OF TREES FOR TOEWOOD, BRUSH/LOG TOE, ROOTWADS, AND TREE TRUNKS. TREES HARVESTED IN THESE AREAS SHALL BE REMOVED WHOLE WITH THE ROOT BOLE ATTACHED. TREES TO REMAIN WITHIN THESE AREAS WILL BE IDENTIFIED IN THE PLANS OR WILL BE MARKED IN THE FIELD BY THE PROJECT ENGINEER AND SHALL BE PROTECTED. 2. TREE HARVEST OUTSIDE OF ACCESS ROUTES AND STREAMBANK RESHAPING AREAS WILL BE DIRECTED BY THE PROJECT ENGINEER AND OWNER. ALL TREES NOT MARKED FOR REMOVAL SHALL BE LEFT STANDING UNDISTURBED, INCLUDING ALL TREES OUTSIDE THE CONSTRUCTION LIMITS. 3. TREE HARVEST SHALL NOT DEBARK OR DAMAGE TREES TO REMAIN. KEEP CONSTRUCTION EQUIPMENT OUT OF DRIP LINE OF EXISTING TREES TO LIMIT SOIL COMPACTION AROUND THE ROOT SYSTEM. 4. QUESTIONS REGARDING EXISTING TREES, SHRUBS, OR OTHER VEGETATION SHALL BE BROUGHT TO THE ATTENTION OF THE PROJECT ENGINEER PRIOR TO REMOVAL. 5. CONTRACTOR SHALL CHIP OR BURY UNUSED SMALLER TREE AND BRUSH DEBRIS AT THE COMPLETION OF THE PROJECT UNLESS OTHERWISE DIRECTED. CONSTRUCTION SEQUENCING 1. CONSTRUCTION WORK SHALL COMMENCE UPSTREAM AND PROGRESS DOWNSTREAM TO LIMIT TEMPORARY SEDIMENT IMPACTS TO THE PROJECT DESIGN. HOWEVER, ANY CHANNEL BED MODIFICATIONS (I.E. GRADE ADJUSTMENTS) MUST BE COMPLETED PRIOR TO BANK GRADING AND HABITAT INPUTS. 2. SUBSTANTIAL COMPLETION OF ALL INSTREAM WORK SHALL BE COMPLETED PER MNDNR REQUIREMENTS, WITH NO INSTREAM WORK CONDUCTED BETWEEN SEPTEMBER 1 - APRIL 1. 3. HYDROMULCH SHALL BE INSTALLED WITHIN 24 HOURS OF FINAL GRADING. ROCK SIZE / TYPE SPECIFICATIONS 1. ALL ROCK, RIPRAP, AND BOULDERS SHALL BE CRUSHED / ANGULAR GRANITE MEETING MNDOT 3601.2 SPECIFICATIONS. 2. RIPRAP BOULDER TOE APPLICATIONS SHALL BE CLASS III (GRADATION SHOWN IN THE FOLLOWING TABLE): SIZE INCH (A) APPROX. % OF TOTAL MASS SMALLER THAN GIVEN MASS 18 100 12 75 9 50 3 10 (A) MASS TO APPROXIMATE SIZE CONVERSION BASED ON A SPECIFIC GRAVITY OF 2.60 AND VOLUME AVERAGE BETWEEN A SPHERE AND A CUBE VEGETATION ESTABLISHMENT AND IRRIGATION 1. LOWER STREAM BANKS, BANKFULL BENCHES AND FLOODPLAIN AREAS SHALL BE SEEDED WITH SPECIFIED SEED MIX (SEE RESTORATION PLAN) AND COVERED WITH HYDROMULCH AT A RATE OF 3,500 LBS PER ACRE. HYDROMULCH SHALL BE MAT INC. SOIL GUARD BONDED FIBER MATRIX OR APPROVED EQUIVALENT. HYDROMULCH SHALL COVER AT A MINIMUM 25' FROM EDGE OF WATER. 2. ALL DISTURBED AREAS OUTSIDE OF BANK SHAPING AREAS AND FLOODPLAINS ARE TO BE SEEDED WITH SPECIFIED SEED MIX (SEE RESTORATION PLAN) AND COVERED WITH WEED-FREE STRAW AT A RATE OF 2 TONS PER ACRE. STRAW MULCH SHALL BE CRIMPED IN IMMEDIATELY AFTER APPLICATION. 3. HYDROMULCH PRODUCTS MAY CONTAIN SMALL PLASTIC FIBERS TO AID IN ITS MATRIX STRENGTH. THESE LOOSE FIBERS COULD POTENTIALLY RE-SUSPEND AND MAKE THEIR WAY INTO PUBLIC WATERS. AS SUCH, PLEASE REVIEW MULCH PRODUCTS AND NOT ALLOW ANY MATERIALS WITH PLASTIC FIBER ADDITIVES. 4. UP TO 9.9 ACRES OF SEED AND SEEDING WILL BE PAID; ADDITIONAL REQUIRED APPLICATION IS INCIDENTAL TO MOBILIZATION AND SITE CLEARING. 5. SEEDING SHALL FOLLOW MNDOT SEEDING MANUAL 2023 EDITION. 6. SEED SHALL BE FROM LOCAL ORIGIN AND WILD ECOTYPE. SEED ORIGIN SHALL BE CERTIFIED BY THE MN CROP IMPROVEMENT ASSOCIATION. LOCAL ORIGIN SHALL MEAN WITHIN 150 MILES OF PROJECT SITE. PROVIDE MCIA DOCUMENTATION TO ENGINEER PRIOR TO SEEDING. ONLY NATIVE SEED WILL BE INSTALLED WITHIN THE PROJECT SITE, EXCEPT FOR COVER CROP. 7. COVER CROP SHALL CONSIST OF REGREEN OR APPROVED EQUAL. 8. SOW SEED MIXES ON DISTURBED AREAS AFTER ALL GRADING AND CONSTRUCTION ACTIVITIES HAVE BEEN COMPLETED. A CULTIPACKER OR SIMILAR DEVICE MUST BE USED AFTER FINAL SEEDING TO ENSURE PROPER SEED TO SOIL CONTACT. DO NOT DRAG OR FURROW THE SOIL AFTER SEEDING. 9. IF AREAS OF BARE GROUND PERSIST AFTER FIRST GROWING SEASON, RESEED PER PLAN. GENERAL LANDSCAPE NOTES 1. CONTRACTOR SHALL INSPECT THE SITE AND BECOME FAMILIAR WITH EXISTING CONDITIONS RELATING TO THE NATURE AND SCOPE OF WORK. 2. CONTRACTOR SHALL VERIFY PLAN LAYOUT AND BRING TO THE ATTENTION OF THE ENGINEER DISCREPANCIES WHICH MAY COMPROMISE THE DESIGN OR INTENT OF THE LAYOUT. 3. CONTRACTOR SHALL ASSURE COMPLIANCE WITH APPLICABLE CODES AND REGULATIONS GOVERNING THE WORK AND MATERIALS SUPPLIED. 4. CONTRACTOR SHALL PROTECT EXISTING ROADS, TRAILS, TREES, AND SITE ELEMENTS DURING CONSTRUCTION OPERATIONS. DAMAGE TO SAME SHALL BE REPAIRED AT NO ADDITIONAL COST TO THE OWNER. 5. CONTRACTOR IS RESPONSIBLE FOR ONGOING MAINTENANCE OF NEWLY INSTALLED MATERIALS THROUGHOUT THE LENGTH OF THE PROJECT. REPAIR OF ACTS OF VANDALISM OR DAMAGE WHICH MAY OCCUR SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. 6. EXISTING TREES OR SIGNIFICANT SHRUB MASSINGS FOUND ON SITE SHALL BE PROTECTED AND SAVED UNLESS NOTED TO BE REMOVED OR ARE LOCATED IN AN AREA TO BE GRADED. QUESTIONS REGARDING EXISTING PLANT MATERIAL SHALL BE BROUGHT TO THE ATTENTION OF THE ENGINEER PRIOR TO REMOVAL. CONTRACTOR SHALL WALK THE SITE WITH THE ENGINEER PRIOR TO SITE REMOVALS AND GRADING TO DETERMINE EXACT CONSTRUCTION LIMITS. 7. ALL WOODY INVASIVE PLANTS THAT OCCUR WITHIN THE CONSTRUCTION LIMITS, INCLUDING BUT NOT LIMITED TO, COMMON BUCKTHORN (RHAMNUS CATHARITCA), GLOSSY BUCKTHORN (FRANGULA ALNUS), SIBERIAN ELM (ULMUS PUMILA), AMUR MAPLE (ACER GINNALA), TATARIAN HONEYSUCKLE (LONICERA TATARICA), SANDBAR WILLOW (SALIX INTERIOR), MORROW'S HONEYSUCKLE (LONICERA MORROWII), ,BLACK LOCUST (ROBINIA PSEUDOACACIA), AND BOXELDER (ACER NEGUNDO) <6 INCH DBH, SHALL BE CUT, REMOVED, AND THE CUT STUMPS SHALL BE TREATED WITH TRICLOPYR HERBICIDE OR AN APPROVED EQUAL FOR USE IN AQUATIC ENVIRONMENTS. ALTERNATIVELY, THE PLANTS MAY BE UPROOTED USING HEAVY MACHINES (I.E. EXCAVATOR OR DOZER). PERMITS 1. MINNESOTA DEPARTMENT OF NATURAL RESOURCES, PUBLIC WATERS WORK PERMIT A. CONTRACTOR SHALL ADHERE TO ALL PERMIT REQUIREMENTS AND WILL BE SUBJECTED TO ALL PENALTIES AND FINES FOR NOT ABIDING BY THE PERMIT REQUIREMENTS. 2. UNITED STATES ARMY CORPS OF ENGINEERS PERMIT A. CONTRACTOR SHALL ADHERE TO ALL PERMIT REQUIREMENTS AND WILL BE SUBJECTED TO ALL PENALTIES AND FINES FOR NOT ABIDING BY THE PERMIT REQUIREMENTS. 3. MINNESOTA POLLUTION CONTROL AGENCY, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT A. CONTRACTOR IS RESPONSIBLE FOR SECURING NPDES PERMIT. B. CONTRACTOR IS RESPONSIBLE FOR ALL SWPPP INSPECTIONS UNTIL SITE IS ESTABLISHED AND THE PERMIT IS CLOSED. C. CONTRACTOR SHALL ADHERE TO ALL PERMIT REQUIREMENTS AND WILL BE SUBJECTED TO ALL PENALTIES AND FINES FOR NOT ABIDING BY THE PERMIT REQUIREMENTS. 4. BROWN'S CREEK WATERSHED PERMITS A. CONTRACTOR SHALL ADHERE TO ALL PERMIT REQUIREMENTS AND WILL BE SUBJECTED TO ALL PENALTIES AND FINES FOR NOT ABIDING BY THE PERMIT REQUIREMENTS. BASE BID SCHEDULE OF ESTIMATED QUANTITIES GRADING & EROSION CONTROL NOTES 1. ACCEPTANCE OF INSTALLED PERIMETER EROSION CONTROL AND CONSTRUCTION ENTRANCE MUST BE MADE BEFORE BEGINNING SITE GRADING ACTIVITIES. SOME TEMPORARY EROSION CONTROL MEASURES MAY BE INSTALLED AS GRADING OCCURS IN THE SPECIFIC AREA. MAINTAIN EROSION CONTROLS THROUGHOUT THE GRADING PROCESS AND REMOVE UPON APPROVAL OF ENGINEER. 2. ALL EXPOSED SOIL AREAS WITHIN 100 FEET OF A WATER OF THE STATE OR ANY STORMWATER CONVEYANCE SYSTEM WHICH IS CONNECTED TO A WATER OF THE STATE MUST BE STABILIZED WITHIN 7 DAYS (STEEPER THAN 3:1 SLOPES), 14 DAYS (FLATTER THAN 3:1 SLOPES). STABILIZE THE LAST 200 LINEAL FEET OF DRAINAGE DITCH OR SWALES WITHIN 24 HOURS OF CONNECTION TO SURFACE WATER OR PROPERTY EDGE. PROVIDE A 50 FOOT NATURAL BUFFER OR, IF BUFFER IS INFEASIBLE, PROVIDE A DOUBLE ROW OF SEDIMENT CONTROLS SPACED AT LEAST 5 FEET APART WHEN A SURFACE WATER IS LOCATED WITHIN 50 FEET OF LAND DISTURBANCE AND STORMWATER FLOWS TO THE SURFACE WATER. 3. ALL CONSTRUCTION ENTRANCES SHALL BE SURFACED WITH CRUSHED ROCK (OR APPROVED EQUAL) ACROSS FULL WIDTH FROM ENTRANCE POINT TO 50 FEET INTO THE CONSTRUCTION ZONE. SEE DETAIL. 4. ALL EROSION CONTROL MEASURES SHALL BE INSTALLED AND MAINTAINED IN ACCORDANCE WITH NPDES AND STATE PERMITS. 5. THE CONTRACTOR SHALL MAINTAIN ALL EROSION CONTROL MEASURES, INCLUDING THE REMOVAL OF ACCUMULATED SILT IN FRONT OF TEMPORARY EROSION CONTROL MEASURES THROUGHOUT CONSTRUCTION. CONTRACTOR SHALL RE-ESTABLISH ANY EXISTING EROSION CONTROL DISTURBED BY CONSTRUCTION. 6. CONTRACTOR SHALL PROVIDE ADDITIONAL TEMPORARY EROSION CONTROL MEASURES AS REQUIRED FOR CONSTRUCTION OR AS REQUIRED BY ENGINEER AND SHALL BE INCIDENTAL TO THE CONTRACT. 7. REMOVE ALL TEMPORARY EROSION CONTROL MEASURES UPON APPROVAL OF ENGINEER. 8. THE CONTRACTOR SHALL REMOVE ALL SOILS AND SEDIMENT TRACKED ONTO EXISTING ROADS A MINIMUM ONCE PER DAY OR AS REQUESTED BY THE ENGINEER AND SHALL BE INCIDENTAL TO THE CONTRACT. 9. INSPECT EROSION CONTROL DEVICES AFTER EACH RAINFALL PER MNDOT SPECIFICATION AND SPECIAL PROVISIONS. IMMEDIATELY REPAIR FAILED OR FAILING EROSION CONTROL DEVICES. 10. INSPECT THE ENTIRE CONSTRUCTION SITE A MINIMUM OF ONCE EVERY 7 DAYS DURING ACTIVE CONSTRUCTION AND WITHIN 24 HOURS AFTER A RAINFALL EVENT GREATER THAN 0.5 INCHES IN 24 HOURS. 11. THE CONTRACTOR SHALL INSTALL INLET PROTECTION WHERE DESIGNATED ON THE PLANS AND SHALL PERIODICALLY INSPECT AND CLEAN OUT SEDIMENT ACCUMULATION. 12. MINIMIZE DISTURBANCE TO THE EXTENT FEASIBLE. DISTURBANCE OUTSIDE OF CONSTRUCTION LIMITS SHALL BE RESTORED TO PRE CONSTRUCTION CONDITIONS AT THE COST OF THE CONTRACTOR. 13. SEE MNDOT SPEC 2112, EARTHWORK, SUBGRADE, AND SUBBASE FOR ALL EXCAVATION RELATED WORK AND QUALITY CONTROL. 14. REVIEW SPECIAL PROVISIONS FOR MODIFICATIONS TO MNDOT SPECIFICATIONS. 15. EARTHWORK ASSUMPTIONS A. SEE CONTRACT DOCUMENTS FOR INCLUSIONS, INCLUDING BUT NOT LIMITED TO MEASUREMENT & PAYMENT. B. ALL QUANTITIES ARE PLAN (P) QUANTITIES. 15. LIST OF BMP'S FOR THE PROJECT INCLUDE THE FOLLOWING: 15.1. INSTREAM FLOATING SILT CURTAIN AT DOWNSTREAM END OF PROJECT 15.2. RAPID STABILIZATION (72 HOURS FROM INITIAL GRADING DISTURBANCE TO FINAL GRADING AND SOIL STABILIZATION) 15.3. FLAT BANKFULL BENCH WITH HYDROMULCH TO CAPTURE BOTH UPGRADIENT SEDIMENT & OVERBANK FLOOD SEDIMENT DEPOSITION (GEOMORPHIC SLOPE SEDIMENT BMP) 15.4. CRIMPED STRAW MULCH OR VERTICAL CAT TRACKING ON SLOPES ABOVE FLAT BANKFULL BENCH 15.5. (2) ROWS OF STRAW WATTLES SPACED 5 FEET APART ON STEEP SLOPES IF VERTICAL CAT TRACKING AND FLAT BENCH IS NOT FEASIBLE 15.6. PRESERVATION OF DOWNGRADIENT PERENNIAL VEGETATION ON EXISTING STEEP SLOPES WHERE GRADING IS NOT PROPOSED 15.7. INLET PROTECTION ON NEAL AVE ADD ALTERNATE - ADA ACCESS TRAIL SCHEDULE OF ESTIMATED QUANTITIES 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 llEM# M NDOTRef # BASE BID llEM UNIT QUANTITY I 2021.501 Mobil izat ion 15 I 2 2563.601 Traffic Control 15 I 3 2101.501 Si t e Clearing/Selective Tree Ha rv est for Rootwads & Tree Tru nks (247 Trees. TBR) AC 9.6 4 2105.507 Common Excavatio n -Ons it e Osposa l-Grad i ng Practices CY 45 28 s 2105 .507 Common Excava t ion -Ons it e Dsposa l-Riffle Gradi ng CY '"' 6 SP Ha u ling Excavated Material to On-site Spoi ls Area CY 2928 7 2511.509 Riprap, Modified Class Ill (Vegetated Bou lder Toe & Rock Riffles) TON 822 8 2511.509 l " -3" Crushed Gran it e {For Rock Riffles) TON 84 9 SP Toeo.vood -Inst al lat ion lF 470 10 SP Brush/Log Toe -lnrtallation lF 1530 11 SP Brush Pile EA 2 12 SP Snag Tree EA I 13 2104.507 Remove MisCE l laneom Debris CY 15 14 2104.503 Remove Fence lF 600 15 2573.501 St abi lized Construction Exit EA 2 - 16 SP Harvesting Sod Mats SF 3700 17 2575 .505 Seed ing -Sit e Distu r bance AC 9.9 18 2575.508 Seed ,St at e Mix 34-261 !Exclu des Cover Crop We ight) LBS 32.5 19 2575.508 Seed,St at e Mix 34-271 jExc lude.s Cover Crop We ight) LBS 32.5 20 2575.508 Seed.St at e Mix 35-641 (Excludes Cove r Crop We ight) LBS 15 .5 21 2575.508 Seed ,State Mix 36-2 11 (Excludes Cover Crop Weight) LBS 155 22 2575.508 Seed, MN LSa vanna Mix Shortgra.ss (Excludes Cove r Crop Weight ) LBS 3.6 23 2575.508 Seed, Regreen LBS 297 24 2575 .508 Hydraulic So il St abi lize r, Type 8 (M at lnc'3 So il Gu ard o r approved equ al) LBS 8750 25 2575.511 M ul ch Type 1 (Weed-Free Straw or Ap proved Equal) TON 14.8 26 2573.501 Erosion Control Super\lisor 15 I 27 2573.503 6" Sedim ent Log (Cu rlex w/ Biodegr adable Netting or Ap p roved Equ ivalent) lF 168C 28 2573 .503 Fl oat ation Si lt Cu rta in lF I S 29 2573.502 Catch Ba.sin Erosion Co ntrol EA 6 ., SP Temporary Ir riga tio n for Vegetation Establ is hment DAY s 31 SP Extended Vegetation Management -Yea r ! 15 1 32 SP Extended Vegetati o n Manage men t -Year2 15 I 33 SP Inspection & Maint ena n ce/Repair of Wo rk-Year 1 15 I 34 SP Inspect ion & Maint ena n ce/Repair of Work -Year 2 15 I ---- llE M # MNDOT Ref# BASE BID ITEM UN IT QUANTITY Al 2105.507 Common Excavation (Subgr ade Excavat ion lnduded) CY so A2 25 11 .509 Seat Boulden (Qty. 4) TON 3 A3 22 11 .501 Aggregat e Base , Class 5 TON 30 A4 2360.503 Type SPWEB340B Wear ingCou ~e Mixture, 1.5" Th i ck SY 68 AS 2360.504 Type SPNWB330B Non -Wea ring Cou ~e M ixtu re, 1.s~ Thi ck SY 68 BROWN 'S CREEK PARK PROPOSED CHANNEL DIMENSIONS BANKFULL HEIGHT M IN. POOL DEPTH MIN. RIFFLE W IDTH M I N. POOL WIDTH M IN. BANKFUU STREAMBANK / ABOVE BASEFLOW BENCH W IDTH BANKFULL BENCH UPPER BANK SLOPE (FT) (FT) (FT) (FT) (FT) SLOPE 1 .8 2 9 9 10 3:1 3:1 [01 ,;;z:BROWN'S CREEK WATERS H ED NOTES &SEQ ~ ~ DI S TR-1 C T EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM SHEET 02 OF 28 CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER STATE OF MN DNR STATE OF MN DNR STATE OF MN DNR BROWNS CREEK COVE HOMEOWNERS ASSOC INC WASHINGTON COUNTYWASHINGTON COUNTY ROONEY PATRICK & JODY BELTRAM H VAN TASSEL TRS COUNTRYSIDE REPAIR INVESTMENTS LLC OAK GLEN LLC CITY OF STILLWATER WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 75 150 300 FL O W BROWN'S CREEK THALWEG MCKUSICK RD N BROWN'S CREEK STATE TRAIL BROWN'S CREEK PARK MNDNR ANGLING EASEMENT NE A L A V E N PROPOSED SITE ACCESS PROPOSED STAGING AREA PROPOSED SOIL DISPOSAL AREA MAX HEIGHT 5 FT ESTIMATED VOLUME = 2,928 CY PROPOSED SITE ACCESS LIMITS OF DISTURBANCE FEMA FLOODPLAIN FLOODWAY FEMA FLOODPLAIN ZONE AE FEMA FLOODPLAIN ZONE A DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM ~ ~ BROWN'S CREEK WATERSHED DISTR-1CT PROJECT OVERVIEW SHEET 03 OF 28 0+ 0 0 1 + 0 0 2 + 0 0 3 + 0 0 4+ 0 0 5+0 0 6+00 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 25 50 100 FL O W BROWN'S CREEK THALWEG NE A L A V E N LEGEND TREE TO BE REMOVED PRESERVE TREE INVASIVE SHRUB REMOVAL AREA LIMITS OF DISTURBANCE DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM TREES TO BE HARVESTED TREE TYPE # TO BE REMOVED AMERICAN ELM 2 BLACK WILLOW 2 BOX ELDER 221 CRAB APPLE 3 COTTONWOOD 1 SILVER MAPLE 17 SPRUCE 1 TOTAL 247 SANITARY SEWER MANHOLE TO PROTECT SANITARY SEWER MANHOLE TO PROTECT SANITARY SEWER MANHOLE TO PROTECT WELL TO PROTECT WELL TO PROTECT 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 X • [01 EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM ~ ~ BROWN'S CREEK WATERSHED DISTR-1CT TREE HARVEST PLAN 1 SHEET 04 OF 28 3 + 0 0 4+ 0 0 5+0 0 6+00 7+00 8 + 0 0 9+ 0 0 10+00 11+00 12+0 0 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 25 50 100 FLOWBROWN'S CREEK THALWEG NE A L A V E N LEGEND TREE TO BE REMOVED PRESERVE TREE INVASIVE SHRUB REMOVAL AREA LIMITS OF DISTURBANCE DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM TREES TO BE HARVESTED TREE TYPE # TO BE REMOVED AMERICAN ELM 2 BLACK WILLOW 2 BOX ELDER 221 CRAB APPLE 3 COTTONWOOD 1 SILVER MAPLE 17 SPRUCE 1 TOTAL 247 SANITARY SEWER MANHOLE TO PROTECT 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 [01 EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM ~ ~ BROWN'S CREEK WATERSHED DISTR-1CT X • TREE HARVEST PLAN 2 SHEET 05 OF 28 18 + 7 8 12+0 0 1 3 + 0 0 14+00 15+00 16 + 0 0 17+00 18 + 0 0 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 25 50 100 FLOW BROWN'S CREEK THALWEG LEGEND TREE TO BE REMOVED PRESERVE TREE INVASIVE SHRUB REMOVAL AREA LIMITS OF DISTURBANCE MNDNR ANGLING EASEMENT TREES TO BE HARVESTED TREE TYPE # TO BE REMOVED AMERICAN ELM 2 BLACK WILLOW 2 BOX ELDER 221 CRAB APPLE 3 COTTONWOOD 1 SILVER MAPLE 17 SPRUCE 1 TOTAL 247 DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM ~ ~ BROWN'S CREEK WATERSHED DISTR-1CT X • TREE HARVEST PLAN 3 SHEET 06 OF 28 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 AVERAGE REACH SLOPE = 0.28% XS1 NOTE: STREAM AND WATER PROFILE SURVEYED ON DECEMBER 2, 2022 XS2 XS3 XS4 XS5 XS6 XS7 XS8 XS9 DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 Bro,vn 's Creek -bed -water srf --bankfu ll 6. x -section ◊ ri f fle crest o pool run • glide 004-------------------------------------------------------------------------------------------------~ 002 000 g C 858 ----------------------------------------------------------- ~-:+--:--+--------L_ ---,~--------r--------::::::::-------:::::=::--------==---------L_ 0 1 uJ 856 .6 .6 854 --- 852 +-----------+-----------+-------------------+----------+----------1---------+-----------,-----------+------------i 0 [01 EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM 200 ~ ~ 400 600 800 1000 Channe l Dist ance (ft) 1200 BROWN'S CREEK WATERS H ED DI S TR-1CT 1400 1600 1800 2000 EXISTING STREAM PROFILE SHEET 07 OF 28 0 + 0 0 1+0 0 2+00 3+00 4+00 5+0 0 6+ 0 0 W/ D W/ D W/ D W/ D W/ D W/ D W/D W/D W/D W/D W/D W / D W / D W/D W / D W/ D W/ D W / D W/D W/D W/D W/D W/D W/D W/D W/ D W/ D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/ D W/D W / D W/D W/D W/D W/D W/D W/D W/ D W/ D W/D W / D W/ D W / D W/ D W / D W/D W/D W/D W / D W / D W/D W/ D W / D W / D W / D W / D W/ D W/ D W/D W / D W / D W/D W/D W/D W/ D W / D W/ D XS 1 XS 2 XS 3 XS 4 CITY OF STILLWATER CITY OF STILLWATER WASHINGTON COUNTY 860 865 860 865 0+00 1+00 2+00 3+00 4+00 5+00 6+00 CHANNEL THALWEG WATER SURFACE 12/02/2022 72" ARCH RCP INV. 860.40 XS 1 XS 2 XS 3 XS 4 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 20 40 80 LIMITS OF DISTURBANCE BROWN'S CREEK EXISTING THALWEG PRESERVE SILVER MAPLE - 16" WETLAND SEEPAGE 72" ARCH RCP INV: 860.40 MC K U S I C K R D N WETLAND SEEPAGE WETLAND SEEPAGE WETLAND SEEPAGE SPRING18" RCP INV: 864.07 18" RCP INV: 865.05 STORM SEWER (TYP) PRESERVE SILVER MAPLE - 12" PRESERVE PAPER BIRCH - 5" PRESERVE PAPER BIRCH - 5" PRESERVE BLACK WILLOW - 30" PRESERVE CHERRY - 7" PRESERVE SILVER MAPLE - 36" FLOW PRESERVE SILVER MAPLE - 26" PRESERVE TAMARACK - 5" EXISTING DELINEATED WETLAND (TYP) HARVEST SOD MATS FOR INSIDE BANK PRACTICE OF CHANNEL REMEANDER HARVEST SOD MATS FOR INSIDE BANK PRACTICE OF CHANNEL REMEANDER HARVEST SOD MATS FOR INSIDE BANK PRACTICE OF CHANNEL REMEANDER HARVEST SOD MATS FOR INSIDE BANK PRACTICE OF CHANNEL REMEANDER HARVEST SOD MATS FOR INSIDE BANK PRACTICE OF CHANNEL REMEANDER HARVEST SOD MATS FOR INSIDE BANK PRACTICE OF CHANNEL REMEANDER DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM REMOVE AND SALVAGE EXISTING RIPRAP ON RCP APRON 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 11 I ,-···7:··· -1··- \_ l/ "'~ [01- EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM r ,, ~ ... t--·· r "'II I ,. ,.J ·-···-·· -· ··, ... ~ 1--......... ~-' '-~' r 1 -·· ·-···-~--· -· ··-... --.. ···-···i-:·· ·-···--··· ···-...... r-... -..... I _l/ I'-- "V i"""' -I I J I I I I "~ ,'£ ---:,/ /) / \ q,~'\ /,' I ', / _,,,I ( \ __,,,-/ -? / --- / / --- ------- -- ···r·· ·-;.:,,:---•·· ~ .. ~ -· ··-.... -·· ·-... ~ ~ ' ' ' I / \ I } ;\ \ t 1 ',,,, d "-• ~ IA .A ~ "' I I v I I -r BROWN'S CREEK WATERS H ED DI S TR_ICT I'-" "'!-I FO--fFF0~•__...1~ ,-. _I ~ r--,..... --rv I'-. I I I~ I\. ·-···-··· ···-r··· v-V ~ ~ I i.--,.. r----. EXISTING CONDITIONS PLAN & PROFILE - 1 SHEET 08 OF 28 6+00 7+00 8 + 0 0 9+ 0 0 10+00 11+00 12+0 0 1 3 + 0 0 W / D W / D W/ D W/ D W/ D W/ D W/D W/D W / D W/D W/ D W / D W / D W/DW/D W/DW/ D W/D W/DW/D W/ D W / D W/D W/D W/D W/D W/D W/D W/D W / D W/D W/D W/D W/D W / D W/D W / D W/D W/D W/D W/D W / D W / D W / D W/D W/D W/D W/D W/D W/D W/DW/D W/D W/D W/D W/D W/ D W/D W/D W / D W / D W/DW/D W/D W/D W/D W/D W/ D W / D W / D W/D W / D W/ D W/ D W/D W / D W / D W/D W/D W / D W / D W/DW/DW / D W/ D W / D XS 5 XS 6 XS 7 XXXXX STATE OF MN DNR STATE OF MN DNR ROONEY PATRICK & JODY CITY OF STILLWATER 855 860 855 860 6+00 7+00 8+00 9+00 10+00 11+00 12+00 CHANNEL THALWEG WATER SURFACE 12/02/2022 8' X 12' BOX CULVERT INV. 857.98 8' X 12' BOX CULVERT INV. 857.49 8' X 12' BOX CULVERT XS 5 XS 6 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 20 40 80 NE A L A V E N BROWN'S CREEK EXISTING THALWEG SEEPAGE PARKING LOT 8' X 12' BOX CULVERT INV: 857.98 WETLAND SEEPAGE SEEPAGE WETLAND SEEPAGE SPRING 18" CMP INV: 862.89 TRIBUTARY WETLAND SEEPAGE 8' X 12' BOX CULVERT INV: 857.49 WATER LINE (TYP) SANITARY SEWER (TYP) EXISTING ROCK CRIB EXISTING SIDEWALK REMOVE EXISTING WOODEN POST LIMITS OF DISTURBANCE PRESERVE TAMARACK - 7" PRESERVE SILVER MAPLE - 12" PRESERVE BUR OAK - 14" PRESERVE BLACK WILLOW - 9" PRESERVE BLACK WALNUT - 4" PRESERVE BLACK WALNUT - 6" PRESERVE (3) ASPENS PRESERVE COTTONWOOD - 15" PRESERVE CHERRY - 9" PRESERVE CHERRY - 10" FLOW EXISTING DELINEATED WETLAND (TYP) HARVEST SOD MATS FOR INSIDE BANK PRACTICE OF CHANNEL REMEANDER HARVEST SOD MATS FOR INSIDE BANK PRACTICE OF CHANNEL REMEANDER DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 / / EDl "'""""'· '"· EMMONS & OLIVIE:oo ST. PAUL, MN 1919 UNIV. AVE. W. # WWW.EORINC.COM TEL: 651.770.8448 ~ ~ \ / I I I / BROWN'S CREEK WATERS H ED DI S TR-1 C T EXISTING CONDITIONS PLAN & PROFILE - 2 SHEET 09 OF 28 D 18 + 7 8 12+0 0 1 3 + 0 0 14+00 15+00 16 + 0 0 17+00 18 + 0 0 W / D W / D W/ D W / D W / D W / D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W / D W / D W / D W/DW/D W/DW/ D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W / D W / D W/D W/D W/D W/D W/ D W / D W/D W/D W/D W / D W / D W/D W/D W / D W / D W/D W / D W/D W/D W/D W/ D W/DW/DW / D W/ D W / D XS 7 XS 8 XS 9 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX STATE OF MN DNR STATE OF MN DNR BELTRAM H VAN TASSEL TRS COUNTRYSIDE REPAIR INVESTMENTS LLC 855 860 855 860 12+00 13+00 14+00 15+00 16+00 17+00 18+00 CHANNEL THALWEG WATER SURFACE 12/02/2022 XS 7 XS 8 XS 9 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 20 40 80 BROWN'S C R E E K S T A T E T R A I L BROWN'S CREEK EXISTING THALWEG REMOVE EXISTING RUBBLE PILE REMOVE EXISTING FENCE 60 LF EXISTING FENCE TO REMAIN STORM SEWER (TYP) SANITARY SEWER (TYP) REMOVE EXISTING WOODEN POST EXISTING OUTFALL LIMITS OF DISTURBANCE PRESERVE AMERICAN ELM - 7" PRESERVE CHERRY - 7" PRESERVE DOWN WILLOW - 40" PRESERVE SILVER MAPLE - 14" PRESERVE SILVER MAPLE - 60" PRESERVE SILVER MAPLE - 60" PRESERVE SILVER MAPLE - 9" PRESERVE BLACK WILLOW - 10" PRESERVE SILVER MAPLE - 48" PRESERVE SILVER MAPLE - 16" FLOW EXISTING DELINEATED WETLAND (TYP) DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM REMOVE EXISTING BARBED WIRE FENCE 540 LF REMOVE EXISTING FENCE 20 LF 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 --------------------- - / -----864 ---866 _ -868- ~-------------- r ) -···- , -··· -·-... -··· ···- -- --- ---... -··· ... '---------.. - ~--rn -' r--.. -l.---~-,------- [01- EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM I'--- ~ ~ ---I' ------/ '\_ -----"'6< "'"'"" "" -z---~----------~ ""'"°-"'""" '-- ~ J --------\ " ;----------~----:____---- 0 ~__.,,, I ) -------=- ----:~ I I I . I ---------.,,,......-------.,,,......------/ -- --------------------- r ) ~ .... rt', ... I ... ···-··· ···-···-··· ···-- .... ~ .......... i'c-' i..--- '\ i\. '\ ,- r ' ~··· ···7 ··· -· -···-··· -· ··- ' i'.. / V - BROWN'S CREEK WATERS H ED DI S TR-1 C T ···-··· ···-I-... -r-,.._ '-I N "- I I r: / ···-.... !-,I': . ·-···-··· i-.... .......... ,---- -- ------ "o',>, o..._ ~ __\ ---864- 864 --\ _....862" --862-\ I -· I ··-···-·· ·-···--··· ,_ ---.../ v- EXISTING CONDITIONS PLAN & PROFILE -3 SHEET 10 OF 28 D 18 + 7 8 14+00 15+00 16 + 0 0 17+00 18 + 0 0 W / D W / D W/ D W / D W / D W / D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/D W/ D W / D W/D W/D W/D W / D W / D W/D W/D XS 8 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX COUNTRYSIDE REPAIR INVESTMENTS LLC OAK GLEN LLC 855 860 855 860 18+00 18+78 CHANNEL THALWEG WATER SURFACE 12/02/2022 72" ARCH RCP INV. 855.70 72" ARCH RCP INV. 855.10 72" ARCH RCP WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 20 40 80 BROWN'S C R E E K S T A T E T R A I L BROWN'S CREEK EXISTING THALWEG 72" ARCH RCP INV: 855.70 EXISTING FENCE TO REMAIN 72" ARCH RCP INV: 855.10 72" CMP FLOODPLAIN CULVERT INV: 857.01 72" CMP FLOODPLAIN CULVERT INV: 856.53 36" CMP BULKHEAD INV: 858.40STORM SEWER (TYP) SANITARY SEWER (TYP) GOLF CART PATH C/L SWALE EXISTING OUTFALL LIMITS OF DISTURBANCE PRESERVE BLACK WILLOW - 30" FLOW EXISTING DELINEATED WETLAND (TYP) DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM REMOVE EXISTING FENCE 60 LF REMOVE EXISTING BARBED WIRE FENCE 540 LF 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 --860--- -862-- --s6_6_~------·· - ----------------_,,,,,,-------- [01- EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM --- I I I -··-... ....... -:--- --- \ \ \ \_ I I I I / ( I I I v .--- ...... ~J... ... ,_ ~v • I \ ~ \L- I --- -- I.,- ~ '----._ --- ---- BROWN'S CREEK WATERSHED DISTR-1CT "- I liiliil - "-"- --- -- _,,,,,,..,. -------... / \ I EXISTING CONDITIONS PLAN & PROFILE - 4 SHEET 11 OF 28 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 NOTE: ALL CROSS SECTIONS ARE ORIENTED DOWNSTREAM W/ RIVER LEFT ON THE LEFT AND RIVER RIGHT ON THE RIGHT. DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 0 + 85 Browi 's Creek , riffle -crosssection --fpa --bkf ---•lf l owbank g C D ~ Q) [i] 869 868 867 866 865 864 863 862 861 860 859 0 10 20 Bankfu ll D imensions 22 .2 x-section area {ft.sq .) 12.2 'wdth {ft) 1.8 ,. mean depth {ft) 2 .8 .. max depth {ft) 14.9 'v.etted parimeter (ft) 1.5 "hyd radi {ft) 6 . 7 ,. Vii dth-depth ratio Bankfu ll Flow 4 .1 veloc i ty (ft/s ) 90 .7 'discharge rate {cfs) 0.59 .. Froude number Cross_Section_XS3 868 867 866 865 §: 864 C 0 ] 863 w 862 861 860 859 858 0 10 20 Bankfu l l Dimensions 36. 1 x-section area (ft.sq.) 16.5 .,wi dth (ft) 2. 2 ,. mean depth ( ft) 2. 8 ,. max depth (ft ) 20. 1 ,. wetted parimeter (ft ) 1.8 "hydradi (ft ) 7. 6 -. wi dth-depth ratio Bankfu l l Flow 4.6 veloc it y (ft/s) 166.3 -. discharge rate (cfs ) 0.61 .. Froud e number [01 EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM 30 40 50 Width {ft) Flood D imen sions 207 .0 W flood prone area {ft) 17.0 ., entrenchment ratio 4.2 .. low bank height {ft) 1.5 .. low bank heig ht ratio Flow Resistance 0 .025 Mann ing 's ro ughness 0.06 ., D'Arcy-Weisbach fric. 11.2 .. resistance fac tor u/u* 27.8 .. relative roughness 3 + 16 Brown 's Creek , r un ............. cross section --fpa --bkf 30 40 50 Width (ft) Flood Dimens i ons 144.0 W flood prone area (ft) 8. 7 ,. entrenchment ratio 4. 2 "low bank height (ft ) 1. 5 ,. low bank height ratio Flow Res i stance 0.025 Mann ing 's roughness 0.06 -. D'Arc y-Weisbach Ir i e. 11.5 .. resi stan c e factor u/u* 33.2 .. relative roughness ~~ 60 70 80 90 Materials 9.8 D50 Riffle {mm) 20 D84 Riffle {mm) 13 -. thresho ld grain size {mm): Forces & Power 0.28 c hanne l slope{%) 0. 26 ' shear stress {lb/sq . ft ) 0.37 .. shear veloc ity {ft.l s) 1.3 .. unit strm po-wer {lb/ftls ) ---•lfbk ht 60 70 80 90 Materials 9.8 20 15 D50 Riffle (mm) D84 Riffle (mm) "th reshold gra in size (mm): Forces & Power 0.28 chan nel slope(%) 0.31 -. shear stress (l b/sq. ft .) 0.40 .. shear veloc ity (ftls ) 1.76 .. un it strm power (l b/ft/s) 100 100 ;s C D "" j w 867 866 865 864 ---------------- 863 862 861 860 859 858 857 0 10 20 Bankfu ll Dimens ions 42 .2 x-sec tion area (ft. sq.) 14 .6 "'wi dth (ft) 2. 9 'mean depth (ft) 4.4 ., max depth (ft) 19 .3 -. we tted pa r imeter (ft) 2.2 -. hyd radi (ft) 5. 0 "wi dth-depth ratio Bankfu ll Fl ow 5.4 velocity (ft/s ) 228 . 7 "discharge rate ( cfs) 0.64 "Froude number .c i:.oss_Section XS4 g C D j ..!!l w 867 866 865 864 863 862 861 860 859 858 857 0 10 Bankfu ll Dimens io ns 20 42.3 x-sec tion area (ft. sq.) 20 .6 "'wi dth (ft) 2.1 'mean depth (ft) 3 .3 "'max depth (ft) 23 .8 "wetted pa r imeter (ft) 1.8 "hy d radi (ft) 10 .1 ,. wi dth-depth rati o Bankfu ll Fl ow 4.6 velocity (ft/s) 196.8 "discharge rate ( cfs ) ,. Froude nu mber 0.61 BROWN'S CREEK WATERS H ED DI S TR-1CT 1 + 21 Brown 's Creek , pool -cross sect i on --bk f ---•lfbk ht 30 40 50 W idth (ft ) Fl ood D imensions W flood prone area (ft ) "en tr en chment ratio 5.8 '1ow ban k heigh t (ft) 1. 3 -. low ban k height r atio Fl ow Resistance 0.025 Manning 's roughness 0.05 ,. D'A rcy -Wei sbach Ir ie. 12 .2 ,. r es istance fac tor u/u* 44 .2 , relative roughness 4 + 63 Brown's C reek , pool 60 -crosssection --bkf ---•rtbkht 30 40 50 Width (ft) Fl ood D imen s ions W flood prone area (ft ) "en tr enc hment rat io 5.2 'low ba nk heigh t (ft) 1.6 , low bank height r atio Fl ow Resis tance 0.025 Mann ing 's roughness 0.06 ,. D'Arcy-Wei sbach Ir ie. "resistance fac tor u/u* 11.6 31 .3 .. relative roughn ess 60 70 80 90 Material s 9.8 20 19 050 Ri ffl e (mm) D84 Riffle (mm) "threshold grai n size (mm)· Forces & Power 70 0.28 c han nel slope (%) 0. 38 'shear stress (lb/sq. ft) 0.44 ,. shea r veloc ity (ft/s ) 2. 7 'uni t str m power (lb/ftls ) 80 90 Material s 9.8 20 15 D50 Riffle (mm) D84 Riffle (mm) "threshold grai n size (mm): Forces & Power 0.28 c han nel slope (%) 0.31 'shea r stress (lb/sq. ft ) 'shea r veloc ity (ft/s) 0.40 1.67 .. uni t st rm power (lb/ftls ) 100 100 EXISTING CROSS SECTIONS-1 SHEET 12 OF 28 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 NOTE: ALL CROSS SECTIONS ARE ORIENTED DOWNSTREAM W/ RIVER LEFT ON THE LEFT AND RIVER RIGHT ON THE RIGHT. DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 865 864 863 862 s 861 C 0 860 j ..!!1 859 w 858 857 856 855 0 10 20 Ban k fu ll D imens ions 49.6 x-sec tion area (ft.sq.) 15 .3 "width (ft) 3. 2 ,. mean depth (ft ) 5. 1 "' max depth ( ft) 20 .8 "wetted parimeter (ft) 2.4 "hyd radi (ft) 4. 7 "wi dth -depth ratio Ban k fu ll Flow 5.8 veloc ity (ft/s) 286.2 "discharge rate (cfs) 0.66 ,. Froude nu mber ,Cros$_.Section XS1 866 865 864 863 §: 862 C 0 861 j ..!!1 w 860 859 858 857 856 0 10 20 Ban k fu ll D imens ions 38 .0 x-sec ti on ar ea (ft.sq .) 20.8 "wi dth (ft) 1. 8 "mean depth (ft ) 2. 7 "max depth (ft) 23.1 .. wetted par im eter (ft) 1.6 "'hyd radi (ft) 11.4 "'wi dth -depth ratio Ban k fu ll Flow 2 .9 velocity (ft/s ) 108.5 "discharge rate (cfs) 0.39 "'Fr ou de number [01 EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM 6 + 33 Brown's Creek , pool -cross section --bkf ---•rt bk ht 30 40 50 \/\/i..-ltl-,,/fH Flood Dimen s ions W flood prone area (ft) .. entrenc hment ratio 6. 1 ,. low bank height ( ft) 1. 2 "low bank height ratio Flow Res istance 0.024 Mann in g's roughness 0.05 "D'Arcy-Wei sbach fric. 12.4 ,.resi stance factor u/u* 49 .3 "relative roughness 60 12 + 70 Brown's Creek , run 70 80 90 Materials 9.8 • D50 Riffle (mm) 20 D84 Riffle (mm) 20 "threshold gra i n size (mm): F orces & Power 0.28 channel slope (%) 0.42 "shea r stress (lb/sq.ft) 0.46 "shear velocity (ft/s) 3.3 "uni t strm power (lb/ft/s) -cross section --fpa --bkf ---•If bk ht 30 40 50 Flood D imensions 275.0 W flood prone area (ft) 13 .2 "'entrenchment ratio 3. 8 -. low bank height ( ft) 1. 4 "law bank height ratio Flow Res istance 0.025 Mann in g's roughness 0.06 ""D'Arcy-Wei sbach fric. 11.3 "resi stance fac to r u/u* 27 .9 "relative roughness ~ ~ 60 70 80 90 Materials 9.8 20 6 D50 Riffle (mm) D84 Riffle (mm) "threshold gra i n size (mm): F orces & Power 0.12 channel slope (%) 0.12 "shear str ess (lb/sq. ft) 0.25 "'shear velocity (ft/s) 0.39 "'unit str m power (lb/ft/s) € C 0 l ii] 100 s C 0 j ..!!1 w 100 867 866 865 864 863 862 86 1 860 859 858 857 0 10 20 Bankfull D imens io ns 47 .8 x-section area (ft.sq.) 26 .9 "width (ft) 1.8 "mean depth (ft) 2. 7 "'max depth (ft) 28 .3 "'wetted pa r imeter (ft) 1.7 "hyd rad i (ft) 15.2 "width -depth ratio Bankfull Fl ow 4.4 veloc ity (ft/s) 211 .3 "'discharge ra te ( cfs) 0.60 "'Frau de number 8 + 75 Brown 's Cr ee k, riffle -c rosssection --fpa --bkf ---•lf bk ht 30 40 50 \J\/j,Jt.1..,//.+\ Fl ood D imensions 152 .0 W flood pron e area (ft ) 5.6 "en tr enc hment ra tio 3.8 "'low ban k hei ght (ft) 1.4 "'low ban k height r atio Flow Res istance 0 .025 Mann ing 's roughness 0.06 "'D'A rcy-Wei sbach fr ic. 11.4 .. r es istance fac tor u/u* 27 .0 ... relative roughness 60 14 + 4 Br own 's Cr ee k, run 70 80 90 Material s 9.8 20 14 D5 0 Ri ffle (mm) D84 Riffle (mm) "t hreshold gra i n size (mm): F orces & Power 0.28 c han nel slope (%) 0.29 • shea r stress (lb/sq. ft ) 0.39 "shea r ve loc ity (ft/s) 1.37 .. unit str m p ower (lb/ft/s ) 100 -crosssecti on --fpa --bkf ---•lf l owbank 865 864 863 862 861 860 859 858 857 856 855 0 10 20 Bankfull D imens io ns 47 .9 x-section area (ft.sq.) 30.9 "width (ft) 1.6 "mean depth (ft) 2.5 "max depth (ft) 33.1 "wetted pa r imeter (ft) 1 .4 "'hyd rad i (ft) 19 .9 "'width -depth ratio Bankfull Fl ow 2.6 veloc ity (ft/s) 125.1 "discharge ra te (c fs ) 0. 38 "' Frau de number BROWN'S CREEK WATERSHED DI S TR-1 C T 30 40 50 W idth (ft) Fl ood D imensions 225.0 W flood prone area (ft) 7.3 "en tr enc hment rat io 4.1 "low ban k heig ht (ft) 1.6 "low ban k height r atio Fl ow R esistance 0 .025 Mann ing 's roughness 0.07 "'D'A rcy-Wei sbach fr ic. 11 .0 "'re sistance fac tor u/u* 23 .7 "'relative roughn ess 60 70 80 90 100 Material s 9.8 20 5 D5 0 Ri ffle (mm) D84 Ri ffl e (mm) "th r esho ld gra i n size (mm): F orces & Power 0.12 c han nel slope (%) 0.11 • shear stress (lb/sq . ft) 0.24 'shea r ve loc ity (ft/s) 0.3 'unit str m power (lb/ft/s) EXISTING CROSS SECTIONS-2 SHEET 13 OF 28 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 NOTE: ALL CROSS SECTIONS ARE ORIENTED DOWNSTREAM W/ RIVER LEFT ON THE LEFT AND RIVER RIGHT ON THE RIGHT. DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 [01 EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM ~ ~ ,Cross Secti ori1.XS9, g C 0 ~ ..91 w 865 864 863 862 861 860 859 --------- 858 857 856 855 0 10 20 Ban k fu ll D imens ions 53 .2 x-section area {ft.sq.) 24.8 'wdth {fl) 2.1 "mean depth {ft) 2.9 .. max depth {ft) 27 .4 "'wetted parimeter (ft) 1.9 'hyd rad i {ft) 11 .5 "Vii dth-depth ratio Ba nk fu ll Flow 3.2 velocity (fVs) 169.9 "discharge ra te {cfs ) 0.40 "Froude number 15 + 41 Browi's Creek , glide -crosssection --fpa --bkf ---·lfbkht 30 40 50 \1\/irlth /A\ Fl ood Dimensions 225 . 0 W flood prone area {ft) 9.1 .., entrenchment ratio 2.9 -. low bank height {ft) 1.0 .. low bank height ratio Fl ow Resistance 0.025 Manning's roughness 0.06 .. D'Arcy-Weisbach fric. 11.7 "'res i stance factor u/u* 32.7 "'relative roughness 60 70 80 90 Material s 9.8 "D50 Riffle {mm) 20 D84 Riffle {mm) 7 "threshold grai n size {mm): Forces & Power 0.12 channel slope(%) 0.15 • shear stress {lb/sq. fl) 0.27 "shear veloc ity {ft/s) 0.51 "'unit strm power {lb/ft/s) BROWN'S CREEK WATERSHED DI S TR-1CT 100 EXISTING CROSS SECTIONS-3 SHEET 14 OF 28 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 NOTE: ALL CROSS SECTIONS ARE ORIENTED DOWNSTREAM W/ RIVER LEFT ON THE LEFT AND RIVER RIGHT ON THE RIGHT. DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 Cross , Sectionl.Ret 1 BroVl!l 's Creek -Reference Riffle ~ 200 ft doV111stream of Highwiy 96 -crosssection --fpa --bkf ---•lfbkht 897 -,----,----""T""----,-------,-------,--------r-----,,-----,-----,---------, 896 +----+-----+-----+-----+----+-----+-------1----1-----+---------l 895 -i-------t-------t-----+------+------+-----+-------1----t-----+---------l 894 +----t-----t-------t----t -----+----+----+----+---+----------l S 893 C 892 0 -~ "' 891 iiJ 890 889 888 887 [01 0 10 20 Bankfull Dimensions 18. 9 x-section area (ft sq .) 15.4 'wdth(ft) 1.2 • mean depth (ft) 2. 7 • max depth (ft) 17. 7 '\'.etled parimeter (ft) 1.1 'hyd radi (ft) 12.5 • wdth-depth ratio Bankfull Fl ow 3.8 velocity (fVs ) 72 .0 'discharge rate {cfs ) 0.65 'Froude number EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM 30 40 50 \M i rUh /ft\ Flood Dimens ions 198 .0 W flood prone area (ft) 12.9 'entrenchment ratio 2. 7 • low ban k height (ft) 1.0 'low ban k height ratio Flow Resistance 0.025 lvann i ng 's roughness 0.07 'D'Arcy-We isbac h fric. 10.6 'resislance fac tor u/u* 18. 7 're lati ve ro ughness ~ ~ 60 70 80 Materials 9.8 " D50 Riffle (mm ) 20 D84 Riffle (mm ) 90 12 'threshold grain size (mm): Forces & Power 0.38 channe l slope (%) 0.25 • shear stress (lb/sq. ft.) 0.36 'shear veloc i ty (ft/s) 1.11 'unit strm pov.er (lb/ft/s ) 100 854 85 3 852 851 g 850 C 0 849 j ..!!I 848 w 847 846 845 844 o 10 20 Bankfull Dimens ions 23.0 x-section area (ft. sq.) 10.9 "wi dt h (ft) 2.1 'mean depth (ft) 2.6 ,. ma x depth (ft) 13 .8 ,. wetted pa r imeter (ft) 1.7 'hyd ra di (ft) 5.2 "'wi dth-depth ratio Bankfull Fl ow 4. 0 veloc ity (ft/s ) 92.4 ,. discharge rate ( els) 0.55 "'Froude number BROWN'S CREEK W A TER S H ED DI S TR-1 C T Bro wn's Creek -Reference Riffle in Restored Reach at Oak Glen -crosssect ion --fpa --bkf ---•rtbk ht 30 40 50 \/1/i ,-M.,./,Fj.\ Fl ood D imensions 52 .7 W flood prone area (ft ) 4.8 "entr enchment rati o 2.6 'low ban k height (ft) 1. 0 ,. low ban k height r atio Fl ow Res istance 0.0 25 Mann ing's roug hness 0.06 ,. D'Arc y-W ei sbach Ir ie. 11.3 .., resistanc e factor u/u* 32 .1 "'relati ve roughness 60 70 80 90 10 0 Material s 9.8 'D50 Riffle (mm) 20 D84 Riffle (mm) 12 • th resho ld gra i n size ( mm): Forces & Power 0.235 ,. channe l slope (%) 0. 24 shea r stress (lb/sq. ft ) 0.35 'shea r veloc ity (ft/s ) 1.24 'unit strm power (lb/ft/s) REFERENCE CROSS SECTIONS SHEET 15 OF 28 CITY OF STILLWATER CITY OF STILLWATER WASHINGTON COUNTY 0 + 0 0 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+ 0 0 860 865 860 865 0+00 1+00 2+00 3+00 4+00 5+00 6+00 72" ARCH RCP INV. 860.40 CHANNEL THALWEG STA 0+20 - 0+60 ROCK RIFFLE ELEV. 861.40 STA 1+50 - 1+70 ROCK RIFFLE ELEV. 860.80 STA 3+50 - 3+80 ROCK RIFFLE ELEV. 860.40 PROPOSED BASEFLOW WATER SURFACE PROPOSED THALWEG STA 4+15 - 4+40 ROCK RIFFLE ELEV. 860.20 STA 5+40 - 5+70 ROCK RIFFLE ELEV. 859.80 STA 1+05 - 1+20 ROCK RIFFLE ELEV. 861.00 STA 4+70 - 4+90 ROCK RIFFLE ELEV. 860.00 EL=858.4' EL=858.8' EL=857.8' EL=857.0' EL=857.7'EL=857.7' EL=857.1'EL=857.0' EXCAVATE POOL (TYP) WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 20 40 80 BROWN'S CREEK PROPOSED THALWEG 72" ARCH RCP INV: 860.40 MC K U S I C K R D N 18" RCP INV: 864.07 18" RCP INV: 865.05 LIMITS OF DISTURBANCE PROPOSED SITE ACCESS FLOW STA 0+00 - 0+70 BANK SHAPING & VEGETATED BOULDER TOE STA 0+00 - 0+40 BANK SHAPING & VEGETATED BOULDER TOE PROPOSED STAGING AREA INSTALL CHANNEL PLUG INSTALL CHANNEL PLUG INSTALL CHANNEL PLUG INSTALL CHANNEL PLUG INSTALL CHANNEL PLUG INSTALL CHANNEL PLUG STA 0+40 - 1+20 TOEWOOD STA 0+70 - 1+20 BANK SHAPING STA 1+20 - 1+60 BRUSH/LOG TOE STA 1+20 - 1+60 BANK SHAPING STA 1+60 - 1+80 BANK SHAPING STA 1+80 - 2+60 BRUSH/LOG TOE STA 1+60 - 1+80 BRUSH/LOG TOE STA 1+80 - 2+20 BANK SHAPING STA 2+20 - 3+20 BRUSH/LOG TOE STA 2+60 - 3+20 BANK SHAPING STA 3+20 - 3+80 BANK SHAPING STA 3+20 - 3+80 BRUSH/LOG TOE STA 3+80 - 4+10 BANK SHAPING STA 3+80 - 4+20 BRUSH/LOG TOE STA 4+10 - 5+00 BRUSH/LOG TOE STA 4+20 - 4+90 BANK SHAPING STA 5+00 - 5+50 BANK SHAPING STA 4+90 - 5+60 BRUSH/LOG TOE STA 5+50 - 6+20 BRUSH/LOG TOE STA 5+60 - 6+10 BANK SHAPING PROPOSED SOIL DISPOSAL AREA DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM INSTALL BRUSH PILE FOR NON-GAME HABITAT (MAX. 20 FT LONG AND 4 FT HIGH) 02 24 01 24 01 25 01 24 02 25 01 24 02 25 01 24 01 24 02 25 01 24 01 24 02 25 02 25 01 24 02 25 02 25 02 25 02 25 01 24 04 24 03 26 03 26 03 26 03 26 03 26 03 26 03 26 01 26 02 26 STA 0+50 - 1+40 GRADING NEW CHANNEL TO INCREASE MEANDERS 01 26 02 26 STA 1+80 - 6+50 GRADING NEW CHANNEL TO INCREASE MEANDERS ADD CL III RIPRAP UNDER EXISTING RCP APRON AND TO FILL IN HEADCUT 02 27 02 27 02 27 02 27 02 27 02 27 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 l/ f I ( p [01- EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM / //' I I I ~ ~ BROWN'S CREEK WATERSHED DISTR-1CT I I I I I I I .______________ .______8 / I I I PROPOSED PLAN & PROFILE - 1 SHEET 16 OF 28 CITY OF STILLWATER 5 + 0 0 6 + 0 0 7 + 0 0 8+ 0 0 9+00 1 0 + 0 0 11+00 12+ 0 0 13+00 855 860 855 860 6+00 7+00 8+00 9+00 10+00 11+00 12+00 CHANNEL THALWEG STA 6+50 - 6+80 ROCK RIFFLE ELEV. 859.50 STA 9+90 - 10+25 ROCK RIFFLE ELEV. 859.00 PROPOSED BASEFLOW WATER SURFACE WATER SURFACE 12/02/2022 PROPOSED THALWEG STA 6+05 - 6+20 ROCK RIFFLE ELEV. 859.60 STA 8+10 - 8+30 ROCK RIFFLE ELEV. 859.25 STA 9+10 - 9+30 ROCK RIFFLE ELEV. 859.10 EL=857.0' EL=856.0'EL=856.0'EL=856.1'EL=856.1'EXCAVATE POOL (TYP) STA 11+30 - 11+70 ROCK RIFFLE ELEV. 858.70 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 20 40 80 NE A L A V E N 8' X 12' BOX CULVERT INV: 857.98 18" CMP INV: 862.89 8' X 12' BOX CULVERT INV: 857.49 LIMITS OF DISTURBANCE PROPOSED SITE ACCESS FLOW BROWN'S CREEK PROPOSED THALWEG INSTALL CHANNEL PLUG INSTALL CHANNEL PLUG STA 5+50 - 6+20 BRUSH/LOG TOE STA 5+60 - 6+10 BANK SHAPING STA 6+20 - 6+80 BANK SHAPING STA 6+10 - 6+80 BRUSH/LOG TOE STA 6+80 - 7+20 BRUSH/LOG TOE STA 6+80 - 7+20 BANK SHAPING STA 7+20 - 7+60 BANK SHAPING STA 7+20 - 7+70 BRUSH/LOG TOE STA 7+60 - 8+20 BRUSH/LOG TOE STA 8+10 - 9+30 BRUSH/LOG TOE STA 7+70 - 8+10 BANK SHAPING STA 8+20 - 9+40 BANK SHAPING STA 9+30 - 10+00 BANK SHAPING STA 9+40 - 10+30 BRUSH/LOG TOE STA 10+00 - 10+50 BANK SHAPING & CHANNEL NARROWING STA 10+50 - 11+60 CREATE 5 FT WIDE BANKFULL BENCH AND INSTALL VEGETATED BOULDER TOE STA 10+30 - 11+60 BANK SHAPING STA 11+60 - 12+70 BANK SHAPING & VEGETATED BOULDER TOE STA 11+60 - 12+70 BANK SHAPING & CHANNEL NARROWING DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM 01 24 02 25 01 24 02 25 02 25 02 25 03 24 02 24 03 24 02 24 01 24 02 25 01 24 02 25 01 24 02 25 01 24 02 25 01 24 03 26 03 26 03 26 03 26 03 26 01 26 02 26 STA 7+70 - 10+10 GRADING NEW CHANNEL TO INCREASE MEANDERS 02 27 02 27 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 8._____________. \ \ "" . '\ \ \ \ \ \ I \I \ '-- ~ '\ \ \11 \ \ 11 I " \ \ \ \ ~ \ \ \ I . \ \ I 11 ~ 11 - Zi~ I "' '---,-'------'-'--'----------'--------'----'--'------'~-----1 ~~ )/ ----- / / ,/"" \------868-- / ------& i-----+--+,-JI/: I I I li/4 I I I nt------i~-i------t---+--+--+---+--hr I I l-l-+---+--+---+-----+----+---1--o-/",J r--' l'-------'--7-1 +-+-----6~~d,--f-++-+---t---i-----+-,JIL__J_I _1_I _1l-,+-+---+___j_-i.....i---!--_j____j_---l-J / , , L.,---------,-----,-JJ\-._,/ n I H n 91 /H 1 ----;~~'1 1 .~11 ~ '----./ /I \ -~~ .______,_---,----J-,,:t-~--+-----1--+--+-/+-V/<-+-----+----+---+-+-----+-----+-~-----L-i\ h ~I t:: -J --\\ '\ /I \ 11 1111111-t-lr---t----t-t-t----t-t-'\'i.fill,.""""'/1--1 +K~~ -++-r+"~,J+-v ~-"~4 j'-+-+--1-+"~ .. ~ ~l----<~1 "\...---t=hd:d---1----l----+-~----+---+-+-)/~_____.i_---i.._)_J_~~N I , _I/ [01- EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL. MN TEL: 651.770.8448 WWW.EORINC.COM ~ ~ \_ I BROWN'S CREEK W ATERS H E D DISTR-1CT PROPOSED PLAN & PROFILE - 2 SHEET 17 OF 28 STATE OF MN DNR STATE OF MN DNR BELTRAM H VAN TASSEL TRS CITY OF STILLWATER 11+00 12+ 0 0 13+00 14+0 0 15+00 16+00 17+00 18+ 0 0 1 9 + 0 0 20+ 0 0 855 860 855 860 12+00 13+00 14+00 15+00 16+00 17+00 18+00 8' X 12' BOX CULVERT INV. 857.98 8' X 12' BOX CULVERT INV. 857.49 8' X 12' BOX CULVERT CHANNEL THALWEG STA 14+05 - 14+25 ROCK RIFFLE ELEV. 858.00 STA 14+70 - 15+00 ROCK RIFFLE ELEV. 857.75 STA 17+65 - 17+90 ROCK RIFFLE ELEV. 857.20 WATER SURFACE 12/02/2022 PROPOSED BASEFLOW WATER SURFACE PROPOSED THALWEG STA 16+15 - 16+35 ROCK RIFFLE ELEV. 857.40 STA 17+00 - 17+35 ROCK RIFFLE ELEV. 857.30 EL=854.1' EL=854.5' EL=855.8' EXCAVATE POOL (TYP) WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 20 40 80 BROWN'S C R E E K S T A T E T R A I L PROPOSED SITE ACCESS LIMITS OF DISTURBANCEFLOW BROWN'S CREEK PROPOSED THALWEG INSTALL CHANNEL PLUG STA 16+20 - 17+10 TOEWOOD BANKFULL WIDTH VARIES, TO BE DIRECTED IN FIELD BY ENGINEER STA 14+30 - 15+00 BRUSH/LOG TOE CREATE 3 FT WIDE BANKFULL BENCH AND INSTALL BRUSH/LOG TOE STA 16+20 - 17+10 BANK SHAPING STA 11+40 - 12+50 BANK SHAPING & VEGETATED BOULDER TOE STA 11+40 - 12+50 CHANNEL NARROWING STA 13+50 - 14+30 BANK SHAPING & VEGETATED BOULDER TOE STA 13+50 - 14+30 CREATE 3 FT WIDE BANKFULL BENCH AND INSTALL VEGETATED BOULDER TOE STA 14+30 - 15+00 BANK SHAPING & CHANNEL NARROWING STA 15+00 - 15+50 BRUSH/LOG TOE STA 15+00 - 16+20 BANK SHAPING & CHANNEL NARROWING STA 17+40 - 18+00 TOEWOOD STA 17+10 - 18+00 BANK SHAPING & CHANNEL NARROWING STA 15+50 - 16+20 TOEWOOD STA 17+10 - 17+40 BRUSH/LOG TOE PRESERVE 40" DOWN WILLOW FOR NON-GAME HABITAT DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM INSTALL HARVESTED BLACK WILLOW NEAR STA 22+80 AS A SNAG TREE INSTALL BRUSH PILE FOR NON-GAME HABITAT (MAX. 20 FT LONG AND 4 FT HIGH) 02 24 04 24 01 27 03 24 02 25 03 24 01 25 01 25 02 25 01 25 02 25 01 24 03 26 03 26 03 26 03 26 03 26 STA 15+75 - 17+75 GRADING NEW CHANNEL TO RECONNECT OLD OXBOWS 01 26 02 26 02 24 02 27 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 \1 ~ -~4-: /'~ ---. ' \ I ------~ \!_.I ----y-- ----/ ~ ~-i :::;:;-- / / ---- -· ··-···-··· .. , ... __,,,..,,,. --II ---V [01- EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM \ \ ~ I I I I I I I .. ,_ ... ll .. ·-.,,J_.,, I I I ~ ~ -------------- r'\f ~\e \. A I'\ \ "" ... ,:~, .... ti , ...... .... ~ II' ,c ,,r u: ...._ I ~ _,,, ....... V -r I'---..... / ,, - __J II' J _l/ I I 1---- --- " I...J ~'"" -- ......... ""'-. __,I I I BROWN'S CREEK WATERS H ED D I S TR -1 CT I - / I J / I I I I I ""-. , u ,,. J -~ -·~"""- r-,.... .... I/ 1---J I v--,., ~ '---../ 7 I I JL ,{ jiq . k" ..._ V '\ LJ ------I ------ 8 J / I e l: ,'--- l I p ~ I\ \ ., I~ ...._ PROPOSED PLAN & PROFILE - 3 SHEET 18 OF 28 D STATE OF MN DNR BELTRAM H VAN TASSEL TRS COUNTRYSIDE REPAIR INVESTMENTS LLC 24 + 1 0 16+00 17+00 18+ 0 0 1 9 + 0 0 20+ 0 0 2 1 + 0 0 22+ 0 0 2 3 + 0 0 24 + 0 0 855 860 855 860 18+00 19+00 20+00 21+00 22+00 23+00 24+0024+10 72" ARCH RCP INV. 855.70 72" ARCH RCP INV. 855.10 72" ARCH RCP CHANNEL THALWEG STA 20+95 - 21+15 ROCK RIFFLE ELEV. 856.50 WATER SURFACE 12/02/2022 PROPOSED BASEFLOW WATER SURFACE PROPOSED THALWEG STA 23+95 - 24+05 ROCK RIFFLE ELEV. 856.00 STA 20+35 - 20+50 ROCK RIFFLE ELEV. 856.60 STA 19+80 - 20+10 ROCK RIFFLE ELEV. 856.80 STA 19+35 - 19+50 ROCK RIFFLE ELEV. 856.90 STA 18+85 - 19+05 ROCK RIFFLE ELEV. 857.00 EL=854.1'EL=854.1'EL=854.0'EL=854.0' EL=854.8' EXCAVATE POOL (TYP) STA 22+00 - 22+30 ROCK RIFFLE ELEV. 856.30 STA 22+70 - 23+00 ROCK RIFFLE ELEV. 856.20 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 20 40 80 BROWN'S C R E E K S T A T E T R A I L 72" ARCH RCP INV: 855.70 EXISTING FENCE72" ARCH RCP INV: 855.10 72" CMP FLOODPLAIN CULVERT INV: 857.01 72" CMP FLOODPLAIN CULVERT INV: 856.53 36" CMP BULKHEAD INV: 858.40 PROPOSED SITE ACCESS C/L SWALE EXISTING OUTFALL LIMITS OF DISTURBANCE FLOW BROWN'S CREEK PROPOSED THALWEG INSTALL CHANNEL PLUGSTA 18+00 - 18+40 BANK SHAPING & CHANNEL NARROWING STA 18+00 - 18+40 BRUSH/LOG TOE STA 19+30 - 19+80 TOEWOOD BANKFULL WIDTH VARIES, TO BE DIRECTED IN FIELD BY ENGINEER STA 19+30 - 20+40 BANK SHAPING STA 18+70 - 19+30 TOEWOOD STA 18+40 - 19+30 BANK SHAPING & CHANNEL NARROWING STA 19+80 - 20+50 BRUSH/LOG TOE STA 20+40 - 21+00 TOEWOOD STA 20+50 - 21+00 BANK SHAPING & CHANNEL NARROWING STA 21+00 - 21+70 BANK SHAPING & CHANNEL NARROWING STA 21+00 - 21+70 BRUSH/LOG TOE STA 21+70 - 23+40 CHANNEL NARROWING STA 23+70 - 24+10 BANK SHAPING STA 23+70 - 24+10 BANK SHAPING & VEGETATED BOULDER TOE STA 18+40 - 18+70 BRUSH/LOG TOE ADA ACCESS TRAIL SPUR SEE SHEET 20 EXTEND BANKFULL BENCH TO RECONNECT FLOODPLAIN CULVERT, REMOVE SEDIMENT FROM CULVERT EXTEND BANKFULL BENCH TO RECONNECT FLOODPLAIN CULVERT, REMOVE SEDIMENT FROM CULVERT DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM 03 24 02 25 01 25 01 24 03 24 01 25 03 24 01 24 02 24 02 25 03 24 01 25 02 25 02 25 03 24 03 26 03 26 03 26 03 26 03 26 03 26 STA 18+80 - 20+80 GRADING NEW CHANNEL TO RECONNECT OLD OXBOWS 01 26 02 26 STA 21+70 - 23+40 BRUSH/LOG TOE 02 25 02 27 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 -----......__ <.. --~ ----~ "'-"' "'-'--.... -------- I -------------~ \ I ----r---'----._ '----._ "' --~-"-~---"'- ---------./ } - - -0 LI I "" I-----\--- v L---- [01- EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL. MN TEL: 651.770.8448 WWW.EORINC.COM \. I / I / ) d y I"'-. ,1 i i~ r - J _j -\ I I/ ' ·~1~· \ I 1 !~ I/.,. ,-,-, \... u ~ ~ oh4 ----• __.g6t - ' ' LI h ' ' ' -r·\ i'---' I \ \ \ J ~ ',if'\ '-... .... ~ --V:: ..... ' / \...-\ 7 ' \ ~ { \ I ~ \ \ l'Y \...r I --"" -I/ / /v ,_ !t-.. . .1.f M :~ -----------........._ .-"l..l :::;II\./ I "" d ' T I "-._'" " "'6'"" "6;. ---·o>;, o._ "'- '\ '\ -- "--... \ ... ·· .... ····· -------y-;;-------DJ ----- -(/ I L I I\ 58-/8 / /860 I/ / I I I f~ \ \ I I '----._ I ,\ \ ~ I .. ... _\ .. r 7 ,_ ' - """ I I I I_/ BROWN'S CREEK WATERS H ED DI S TR-1CT ~ i"'I ~ i"'1:'>.. r---- ,__ 1-L... q ~ v -----1-./ I I 1_1 I I I - I J I ( I . ·-... ..._ ) i'--. I I I '--.. ......_ ·- \ ~ ~ I iii I ···- I ...... _u I -- I 1- rr I Ei I 1-J I PROPOSED PLAN & PROFILE -4 SHEET 19 OF 28 D W/D W/D W/D W/D W/D W / D W / D W/D W/ D W/D W / D W/D W/D W/D W/D x 864.13 864 863 862 x 862.63 x 860.39 x 862.53 864.17 (existing) X 860 861 24 + 1 0 20+ 0 0 24 + 0 0 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 BROWN'S C R E E K S T A T E T R A I L EXISTING FENCE, PRESERVE AND PROTECT LIMITS OF DISTURBANCE PRESERVE BLACK WILLOW - 30" 0 SCALE IN FEET 10 20 40 8.00 10 . 0 0 PROPOSED PAVED ACCESS TRAIL 5.0' WIDTH, TYP. PROPOSED PAVED LANDING 5 . 3 5 5.00 10 . 0 0 02 20 PROPOSED SEAT BOULDER 01 20 DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 I -- ' ' ' I ---------- , , I - - --- ---- --- ---------~----~- / -----/ .,,,....- ----- \ ·Bso_ ----- 60.,,,. .s -----------862--------- -------------864--\ ____ -------862------ - -------------7 --------' -------------------------------------/ ------------------------- '1: i = 1== == 1--1-= == == == 1== ==1 GD SEAT BOULDER DETAIL Q NOT TO SCALE [01- EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM ~ ~ -g62 -- ------ FIELDSTONE BOULDER 6" COMPACTED SUBBASE AGGREGATE COMPACTED SUBGRADE - ----.e fJ \ I _II I _I I, ,_II II _111111-1111-1 I :J BITUMINOUS TRAIL DETAIL NOTTO SCALE "" \ \ \ .'@ \ \ \ ' G'i '% "" I BITUMINOUS TRAIL INSTALLED IN 1.5" LIFTS TAPERED EDGE \ 8" COMPACTED, CRUSHED AGGREGATE BASE, COMPACT TO 98% SPD. EXTEND 12" BEYOND EDGING COMPACTED SUBGRADE BROWN'S CREEK WATERSHED DISTR-1CT - \ ' ~, / / -------- \ I I \ \ -- -....... \ \ I -- - - --- \··· --\-864 \ \ ----862-~ \ / PROPOSED ADA ACCESS TRAIL SHEET 20 OF 28 0+ 0 0 1 + 0 0 2 + 0 0 3+0 0 4 + 0 0 5 + 0 0 6 + 0 0 7 + 0 0 0+ 0 0 1 + 0 0 2 + 0 0 3+0 0 4 + 0 0 5 + 0 0 6 + 0 0 7 + 0 0 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 25 50 100 NE A L A V E N DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM CONSTRUCTION ACCESS LIMITS OF DISTURBANCE STABILIZED CONSTRUCTION EXIT LEGEND 50/50 RATIO OF MNDOT SEED MIX 34-261 RIPARIAN SOUTH & WEST AND 34-271 WET MEADOW SOUTH & WEST AT 10 LBS/AC ADD COVER CROP - REGREEN AT 30 LBS/AC AREA: 6.5 ACRES 50/50 RATIO OF MNDOT SEED MIX 35-641 MESIC PRAIRIE SOUTHEAST AND 36-211 WOODLAND EDGE SOUTH & WEST AT 10 LBS/AC ADD COVER CROP - REGREEN AT 30 LBS/AC AREA: 3.1 ACRES MNL SAVANNA MIX SHORTGRASS AT 12 LBS/AC ADD COVER CROP - REGREEN AT 30 LBS/AC AREA: 0.3 ACRES PROPOSED SOIL DISPOSAL AREA PROPOSED STAGING AREA FLO W MCKUSICK RD N 04 27 CONTRACTOR SHALL PROTECT CURB DOUBLE ROW OF SEDIMENT LOGS 1260 LF 03 27 SEDIMENT LOG 290 LF 03 27 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 ---=- --- [01- EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM ~~ ,, .. ~ rW ~71 k:£Lr r [ r [ / ~ ~g-~ ........-r---r-~ · r I i ·\_ L__.l.\1.\1-,,...i...u , ~ ~ 9 l , : , r 68 --· _ I Jr I I \ r "'- ~ l - BROWN'S CREEK WATERSHED D I STR -1 CT ESC & RESTORATION PLAN 1 SHEET 21 OF 28 7 + 0 0 8+ 0 0 9+00 1 0 + 0 0 11+00 12+ 0 0 13+00 14+0 0 15+00 16+00 17+00 18+ 0 0 1 9 + 0 0 20+ 0 0 7 + 0 0 8+ 0 0 9+00 1 0 + 0 0 11+00 12+ 0 0 13+00 14+0 0 15+00 16+00 17+00 18+ 0 0 1 9 + 0 0 20+ 0 0 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 25 50 100 NE A L A V E N DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM CONSTRUCTION ACCESS LIMITS OF DISTURBANCE STABILIZED CONSTRUCTION EXIT LEGEND 50/50 RATIO OF MNDOT SEED MIX 34-261 RIPARIAN SOUTH & WEST AND 34-271 WET MEADOW SOUTH & WEST AT 10 LBS/AC ADD COVER CROP - REGREEN AT 30 LBS/AC AREA: 6.5 ACRES 50/50 RATIO OF MNDOT SEED MIX 35-641 MESIC PRAIRIE SOUTHEAST AND 36-211 WOODLAND EDGE SOUTH & WEST AT 10 LBS/AC ADD COVER CROP - REGREEN AT 30 LBS/AC AREA: 3.1 ACRES MNL SAVANNA MIX SHORTGRASS AT 12 LBS/AC ADD COVER CROP - REGREEN AT 30 LBS/AC AREA: 0.3 ACRES FLOW SEDIMENT LOG 130 LF 03 27 04 27 CONTRACTOR SHALL PROTECT CURB CATCH BASIN EROSION CONTROL 2 EA 05 27 CATCH BASIN EROSION CONTROL 2 EA 05 27 CATCH BASIN EROSION CONTROL 2 EA 05 27 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 ------ EDl '""""'· '"· EMMONS & OLIVIER 0~ ST. PAUL, MN 1919 UNIV. AVE. W. #3 WWW.EORINC.COM TEL: 651.770.8448 ~ ~ / BROWN'S CREEK WATERSHED DISTR-1CT ( - ~ vvvvv vvvvvv --- ------- ESC & RESTORATION PLAN2 SHEET 22 OF 28 24 + 1 0 14+0 0 15+00 16+00 17+00 18+ 0 0 1 9 + 0 0 20+ 0 0 2 1 + 0 0 22+ 0 0 2 3 + 0 0 24 + 0 0 24 + 1 0 14+0 0 15+00 16+00 17+00 18+ 0 0 1 9 + 0 0 20+ 0 0 2 1 + 0 0 22+ 0 0 2 3 + 0 0 24 + 0 0 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 0 SCALE IN FEET 25 50 100 DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM CONSTRUCTION ACCESS LIMITS OF DISTURBANCE LEGEND 50/50 RATIO OF MNDOT SEED MIX 34-261 RIPARIAN SOUTH & WEST AND 34-271 WET MEADOW SOUTH & WEST AT 10 LBS/AC ADD COVER CROP - REGREEN AT 30 LBS/AC AREA: 6.5 ACRES 50/50 RATIO OF MNDOT SEED MIX 35-641 MESIC PRAIRIE SOUTHEAST AND 36-211 WOODLAND EDGE SOUTH & WEST AT 10 LBS/AC ADD COVER CROP - REGREEN AT 30 LBS/AC AREA: 3.1 ACRES MNL SAVANNA MIX SHORTGRASS AT 12 LBS/AC ADD COVER CROP - REGREEN AT 30 LBS/AC AREA: 0.3 ACRES FLOW FLOATING SILT CURTAIN 15 LF 01 28 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 / \ \ """" \ \ [01- EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM ' ' ' ' ' ' ' ' ' ' ' "" ------/ ~ ~ \ ) - '\ \ J / \ \ \ BROWN'S CREEK WATERSHED DISTR-1CT vvvvvvv vvvvvvv - ESC & RESTORATION PLAN 3 SHEET 23 OF 28 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM NOT TO SCALE 01 24 BANK SHAPING NOT TO SCALE 02 24 BANK SHAPING W/ VEGETATED BOULDER TOE NOT TO SCALE 04 24 VEGETATED BOULDER TOE NOT TO SCALE 03 24 BANK SHAPING W/ CHANNEL NARROWING BASE FLOW STAGE 04 24 MIN. 9 FT BASE FLOW STAGE WIDTH NOTES: 1. APPLY COVER CROP (REGREEN) TO ALL DISTURBED AREAS AT A RATE OF 30 LBS/AC 2. REDUNDANT BMPS ARE: 2.1 FLAT BANKFULL BENCH 2.2 STRAW MULCH CRIMPED/VERTICAL CAT TRACKING ABOVE TOP OF BANK 2. (2) ROWS OF SEDIMENT LOGS SPACED 5 FEET APART AT TOE OF STEEP SLOPES IF CRIMPING/VERTICAL CAT TRACKING AND FLAT BANKFULL BENCH IS NOT FEASIBLE 01 24 04 24 BASE FLOW STAGE BANK SHAPING/ BANKFULL BENCH BOULDER TOE TO EXTEND INTO BANK 1.5 FT 01 24 PLACE RIPRAP 1 FT BELOW WATER SURFACE BANKFULL BENCH WIDTH = 10 FT MIN. BASE FLOW STAGE BASE FLOW STAGE APPLY NATIVE SEED MIXES (SEE RESTORATION PLAN) APPLY NATIVE SEED MIXES (SEE RESTORATION PLAN) TOE OF SLOPE BANK SHAPING CREATE 3 FT-10 FT WIDE BANKFULL BENCH TO NARROW CHANNEL AT BASE FLOW STAGE. FILL TO BE DERIVED FROM BANK SHAPING AND COMPACTED ALONG ENTIRE BENCH. WIDTH OF BENCH TO BE DETERMINED BY ENGINEER IN FIELD. VEGETATED BOULDER TOE MIN. 3:1 SLOPE BANKFULL BENCH AVERAGE 1.8 FT ABOVE BASEFLOW STAGE EXISTING BANK TO BE RESHAPED AVERAGE HEIGHT ABOVE BANKFULL ELEVATION 2.7 FT MIN. 3:1 SLOPE MIN. 4:1 SLOPE TOE OF SLOPE EXISTING BANK TO BE RESHAPED AVERAGE HEIGHT ABOVE BANKFULL ELEVATION 2.7 FT TOP OF BANK BANKFULL BENCH AVERAGE 1.8 FT ABOVE BASEFLOW STAGE STREAM BED MIN. 3:1 SLOPE VEGETATED BOULDER TOE TO EXTEND INTO BANK 1.5 FT MIN. 3:1 SLOPE TOE OF SLOPE EXISTING BANK TO BE RESHAPED AVERAGE HEIGHT ABOVE BANKFULL ELEVATION 2.7 FT TOP OF BANK BANKFULL BENCH AVERAGE 1.8 FT ABOVE BASEFLOW STAGE STREAM BED APPLY STRAW MULCH (CRIMPED/VERTICALLY CAT TRACKED) AT 2 TONS/AC ABOVE BANKFULL BENCH GRADING ON FLAT AREAS APPLY HYDROMULCH AT 3,500 LBS/AC ON BANKFULL BENCH, AND ABOVE/BELOW BANKFULL BENCH ON 3:1 SLOPES APPLY HYDROMULCH AT 3,500 LBS/AC ON BANKFULL BENCH, AND ABOVE BANKFULL BENCH ON 3:1 SLOPES BANKFULL BENCH WIDTH = 10 FT MIN. APPLY STRAW MULCH (CRIMPED/VERTICALLY CAT TRACKED) AT 2 TONS/AC ABOVE BANKFULL BENCH GRADING ON FLAT AREAS APPLY HYDROMULCH AT 3,500 LBS/AC ON BANKFULL BENCH, AND ABOVE BANKFULL BENCH ON 3:1 SLOPES APPLY STRAW MULCH (CRIMPED/VERTICALLY CAT TRACKED) AT 2 TONS/AC ABOVE BANKFULL BENCH GRADING ON FLAT AREAS SEDIMENT LOG REQUIRED IF STRAW MULCH UPSLOPE CANNOT BE CRIMPED OF VERTICALLY CAT TRACKED BECAUSE OF STEEP SLOPES SEDIMENT LOG REQUIRED IF STRAW MULCH UPSLOPE CANNOT BE CRIMPED OF VERTICALLY CAT TRACKED BECAUSE OF STEEP SLOPES SEDIMENT LOG REQUIRED IF STRAW MULCH UPSLOPE CANNOT BE CRIMPED OF VERTICALLY CAT TRACKED BECAUSE OF STEEP SLOPES NOTES: 1. APPLY COVER CROP (REGREEN) TO ALL DISTURBED AREAS AT A RATE OF 30 LBS/AC 2. REDUNDANT BMPS ARE: 2.1 FLAT BANKFULL BENCH 2.2 STRAW MULCH CRIMPED/VERTICAL CAT TRACKING ABOVE TOP OF BANK 2. (2) ROWS OF SEDIMENT LOGS SPACED 5 FEET APART AT TOE OF STEEP SLOPES IF CRIMPING/VERTICAL CAT TRACKING AND FLAT BANKFULL BENCH IS NOT FEASIBLE NOTES: 1. APPLY COVER CROP (REGREEN) TO ALL DISTURBED AREAS AT A RATE OF 30 LBS/AC 2. REDUNDANT BMPS ARE: 2.1 FLAT BANKFULL BENCH 2.2 STRAW MULCH CRIMPED/VERTICAL CAT TRACKING ABOVE TOP OF BANK 2. (2) ROWS OF SEDIMENT LOGS SPACED 5 FEET APART AT TOE OF STEEP SLOPES IF CRIMPING/VERTICAL CAT TRACKING AND FLAT BANKFULL BENCH IS NOT FEASIBLE APPLY NATIVE SEED MIXES (SEE RESTORATION PLAN) APPLY NATIVE SEED MIXES (SEE RESTORATION PLAN) APPLY NATIVE SEED MIXES (SEE RESTORATION PLAN) APPLY NATIVE SEED MIXES (SEE RESTORATION PLAN) FILL VOID SPACES IN RIPRAP WITH TOPSOIL & APPROPRIATE SEED MIX OVER BOULDER TOE NOTES: 1. FILL VOID SPACES IN RIPRAP WITH TOPSOIL TO AID IN VEGETATION ESTABLISHMENT 2. BOULDER MATERIAL SHALL BE CLASS III ANGULAR GRANITE RIPRAP 3. ANGULAR GRANITE RIPRAP SHALL CONFORM TO SPECIFIED SIZE CLASS 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 r r ~----- { ~1 .qll L •-i~ 001 11 I II II Ill Ill' 0 e 0 [01- EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM e ~ ~ .1111 --:q ·IL 0 0 r r -----11;:;:;IISIITTTlll;:;;II' -m = :rnl:I.U:TTT.1.1.t== -Ill TTT ""'TT TT" Ill e e - I I I i' II I - V ,-....._~ i' 111 It 11 1- :ffi I --==1=t-tt==t-tt=~ I P- -111-111-111--= = = = = 1=11• BROWN'S CREEK WATERSHED DISTR-1CT '' '' 1-1 I 1-1 I 1-1 I DETAILS -1 SHEET 24 OF 28 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 NOT TO SCALE 01 25 TOEWOOD FOOTER LOGS & ROOT WADS: ·TO BE HARVESTED ONSITE BY CONTRACTOR. ·SHALL BE FREE OF DECAY OR ROT. BOX ELDER & LARGE BUCKTHORN ARE ACCEPTABLE. ·MINIMUM 8 INCH TRUNK DIAMETER. ·ROOTWAD ROOT BOLE MUST BE INTACT AND HAVE A MINIMUM DIAMETER OF 18 INCHES AND A MAXIMUM DIAMETER OF 30 INCHES. FILLER MATERIAL: ·TO BE HARVESTED ONSITE BY CONTRACTOR. ·SMALL LOGS, LIMBS AND TREE TOPS LESS THAN 6 INCHES DIAMETER. ·MATERIAL SHALL BE INSTALLED PARALLEL WITH ROOTWADS TO ACHIEVE MAXIMUM STEM DENSITY. BACKFILL MATERIAL: ·ONSITE MATERIALS TO BE UTILIZED WHERE SUITABLE AS APPROVED BY THE ENGINEER. GRAVEL & COBBLE IS PREFERRED. ·IF ADDITIONAL MATERIAL IS REQUIRED, IT SHALL BE A MINERAL SOIL AND/OR NATURAL GRAVEL & COBBLE. FOOTER LOG TIGHTLY PACKED FILL INCLUDING SOIL AND SLASH TRENCH INTO STREAM BANK BANK SHAPING AT 3:1 SLOPE EXISTING GRADE BANKFULL BENCH WIDTH = 10 FT MIN. 3:1 SLOPE EXISTING STREAM BED HEIGHT VARIES PLANCROSS SECTION FLOW NOTES: 1. ROOTWADS SHOULD MIN. 6 FT IN LENGTH AND 18 INCHES IN DIAMETER. 2. SPECIFIC ORIENTATION OF LOGS AND BALLAST MATERIALS MAY VARY FROM TYPICAL DRAWINGS DEPENDING ON SIZE AND SHAPE OF MATERIAL DELIVERED OR SALVAGED. 3. BUILD OUT TOE WOOD FROM TOE OF EXISTING BANK. BLEND UPSTREAM AND DOWNSTREAM ENDS OF THE TOE WOOD INTO THE EXISTING BANK TO PREVENT SCOUR/EDDYING. 4. WOOD PLACEMENT TO BE DIRECTED BY THE OWNERS REPRESENTATIVE IN THE FIELD AT THE TIME OF CONSTRUCTION. EXACT PLACEMENT LOCATION AND NUMBER OF PIECES PER WALL TO BE DICTATED BASED ON FIELD CONDITIONS AND LOCALIZED GEOMORPHOLOGY. BASE FLOW STAGE EXISTING TOE OF SLOPE PROPOSED TOE OF SLOPE TO NARROW POOL (VARIES) FOOTER LOG ROOTWAD MIN. 6 FT LONG UTILIZE SMALLER ROOTWADS AT START & END OF BEND. INSERT FLUSH WITH EXISTING BANK 01 24 BANK SHAPING DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM NOT TO SCALE 02 25 BRUSH/LOG TOE NOTES: 1. SPECIFIC ORIENTATION OF LOGS AND BRUSH MAY VARY FROM TYPICAL DRAWINGS DEPENDING ON SIZE AND SHAPE OF MATERIAL DELIVERED OR SALVAGED. 2. WOOD PLACEMENT TO BE DIRECTED BY ENGINEER IN THE FIELD AT THE TIME OF CONSTRUCTION. EXACT PLACEMENT LOCATION AND NUMBER OF PIECES PER BANK TO BE DICTATED BASED ON FIELD CONDITIONS. 3. UPSTREAM LOG/BRANCH TO OVERLAP START OF DOWNSTREAM LOG/BRANCH MINIMUM 12 INCHES. 4. INNER VOID SPACES OF LOGS & BRUSH TO BE FILLED WITH SOIL, OUTER FILL TO BE COMPRISED OF GRAVEL & COBBLE. 5. ROOTWADS OF LOGS/TRUNKS AND SHRUBS MAY REMAIN ATTACHED IF ROOTWADS ARE ABLE TO BE ADEQUATELY BURIED UNDER BANKFULL BENCH. 6. ALL MATERIAL SHALL BE FRESHLY CUT (NO ROTTEN LOGS OR LIMBS) 7. WOODY MATERIAL SHALL BE TIGHTLY COMPACTED WITH EXCAVATOR BUCKET TO LIMIT VOID SPACE AS MUCH AS POSSIBLE. PLAN CROSS SECTION LOG TOE FOR STRAIGHT REACHES BASE FLOW STAGE PLAN CROSS SECTION BRUSH TOE FOR BENDS BASE FLOW STAGE TIGHTLY PACKED FILL INCLUDING SOIL, GRAVEL & COBBLE EXISTING STREAMBED FLOW TOE OF SLOPE 3:1 SLOPE BANKFULL BENCH PER BANK SHAPING DETAIL LOGS MIN. 6" DIAMETER LOGS MUST OVERLAP MIN. 12" LOGS TO BE BURIED MIN. 2 FT INTO BANK LOGS COMPACTED WITH GRAVEL & COBBLE DERIVED FROM POOL EXCAVATIONS EXISTING STREAMBED PACKED BRUSH & BRANCHES TIGHTLY PACKED FILL INCLUDING SOIL, SLASH, GRAVEL, & COBBLE BANKFULL BENCH PER BANK SHAPING DETAIL FLOW TOE OF SLOPE PACKED BRUSH & BRANCHES TO BE BUILT OUT MIN. 2 FT FROM TOE TIPS OF BRUSH & BRANCHES MUST OVERLAP CUT ENDS MIN. 12 INCHES BRUSH & BRANCHES TO BE BURIED MIN. 2 FT INTO BANK BRUSH & BRANCHES COMPACTED WITH GRAVEL & COBBLE DERIVED FROM POOL EXCAVATIONS BUILD OUT MIN. 2 FT FROM TOE LOG (UP TO 3 DEPENDING ON TRUNK SIZE AND BANK HEIGHT) MIN. 1.5 FT HEIGHT TOE PROTECTION MIN. 1.5 FT HEIGHT TOE PROTECTION PLACE TOPSOIL AND SEED OVERTOP 3:1 SLOPE PLACE TOPSOIL AND SEED OVERTOP 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 0 r Ei?d&s P l a;.;a C: ~, ... :,~,-~ ,. J'I/,.' ·····.;.·.,· .. ::~: 0 [01- EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM - - .... :. ·-~ ~ ~ e I 11 111 I lilll I ... 111 BROWN'S CREEK WATERS H ED DI S TR-1 C T -------------............ ,,,,,,,, ,,,,,,,, / / / / ~ .-------........... ....._ -..,_ \ \ ' DETAILS-2 SHEET 25 OF 28 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 NOT TO SCALE 03 26 ROCK RIFFLE VA R I E S 2 FT 4:1 SLOPE 6:1 SLOPE 20:1 SLOPE 2 FT FLOW TOE OF SLOPE TOP OF RIFFLE KEYED INTO BANK 2 FT FILL VOIDS IN RIFFLE WITH 1"- 3" CRUSHED GRANITE (SEE NOTE #4) MAX DEPTH OF 3" TO ACHIEVE FINAL GRADE PLAN MATCH TO EXISTING CHANNEL WIDTHFOR RIFFLE CREST ELEVATION, SEE PLAN & PROFILES NOTES 1. RIFFLE MATERIAL SHALL BE CLASS III RIPRAP - ANGULAR GRANITE AND 1"- 3" CRUSHED GRANITE MEETING MNDOT 3601.2 SPECIFICATIONS 2. ANGULAR GRANITE SHALL CONFORM TO SPECIFIED SIZE CLASS III 3. POSITION OF ROCK RIFFLE TO BE APPROVED BY PROJECT OWNERS REPRESENTATIVE/ ENGINEER 4. FILL IN VOID SPACES OVER ENTIRE RIFFLE AND TOP LAYER TO ACHIEVE FINAL GRADE WITH 1"- 3" CRUSHED GRANITE AT A MAX DEPTH OF 3". 5. EXISTING GRAVEL DERIVED FROM CHANNEL EXCAVATIONS CAN BE UTILIZED FOR TOP DRESSING OF RIFFLE. 6. FOR RIFFLE CREST ELEVATIONS, SEE PLAN & PROFILE CALL OUTS PROFILE VARIES ON RIFFLE LENGTH CHANNEL BOTTOM4:1 SLOPE 20:1 SLOPE 6:1 SLOPE KEY RIPRAP MIN. 1 FT INTO EXISTING STREAM BED FOR RIFFLE CREST ELEVATION, SEE PLAN & PROFILES OVERALL LENGTH DEPENDS ON HEIGHT OF RIFFLE FLOW 5 FT 1 F T NOT TO SCALE 01 26 TYPICAL RIFFLE CROSS SECTION NOT TO SCALE 02 26 TYPICAL POOL CROSS SECTION DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM BOTTOM WIDTH - MIN. 9 FT. BANKFULL WIDTH - MIN. 16 FT 2:1 SLOPE 2:1 SLOPE BANKFULL TIE OUT GRADING TO BANK GRADING PRACTICES MEAN BANKFULL DEPTH = 1.8 FT NOTES 1. ALL BANKS TO TIE OUT TO BANK GRADING PRACTICES AT 3:1 SLOPE. A 2:1 SLOPE TRANSITION MAY BE REQUIRED IN AREAS WITH HIGH BANKS, FIELD ENGINEER WILL DIRECT WHEN REQUIRED. 2. TYPICAL CROSS SECTION MODELED AFTER AN "E" CHANNEL. BOTTOM WIDTH - VARIES BANKFULL WIDTH - VARIES 1:1 SLOPE 1:1 SLOPE BANKFULL MEAN BANKFULL DEPTH = VARIES INSIDE OF POOL OUTSIDE OF POOL TIE OUT GRADING TO BANK GRADING PRACTICES NOTES 1. A 2:1 SLOPE TRANSITION MAY BE REQUIRED IN AREAS WITH HIGH BANKS, FIELD ENGINEER WILL DIRECT WHEN REQUIRED. 2. TYPICAL CROSS SECTION MODELED AFTER AN "E" CHANNEL. TIE OUT GRADING TO BANK GRADING PRACTICES TIE OUT GRADING TO BANK GRADING PRACTICES CROSS SECTION EXISTING GRADE 2 FT TOP OF RIFFLE KEYED INTO BANK 2 FT FOR RIFFLE CREST ELEVATION, SEE PLAN & PROFILES MATCH TO EXISTING CHANNEL WIDTH MINOR DEPRESSION IN MIDDLE (0.3' MAX LOWER THAN EDGES) 1 F T M I N . 0.5:1 SLOPE CL III RIPRAP COMPACTED INTO EXISTING STREAM BED MIN. 4" 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 0 0 [01- EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM 0 ~ ~ BROWN'S CREEK WATERSHED DISTR-1CT ,,_---- DETAILS-3 SHEET 26 OF 28 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 NOTES: 1. TRUNK LOCATION & PLACEMENT TO BE DIRECTED BY PROJECT ENGINEER IN THE FIELD. INSTALLATION OF SNAG TREE SHOULD BE CONDUCTED USING AN EXCAVATOR. 2. TRUNK SHALL BE SOURCED FROM A DEAD TREE, IDEALLY WITH SIGNS OF DECAY, CAVITIES, OR LOOSE BARK. 3. PRESERVE ANY BRANCHES AND BARK AS MUCH AS POSSIBLE DURING INSTALLATION. 4. COMPACT SOIL AROUND TREE TRUNK USING EXCAVATOR BUCKET. NOT TO SCALE 01 27 SNAG TREE EXISTING GRADE TREE TRUNK BURIED MIN. 5 FT BELOW EXISTING GRADE TREE TRUNK MIN. 20 FT LENGTH & 15 INCH DIAMETER AT BASE OF TRUNK CROSS SECTION DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM NOT TO SCALE 03 27 SEDIMENT CONTROL LOG 1. SEDIMENT LOGS SHOULD BE 6" CURLEX SEDIMENT LOG WITH WITH BIODEGRADABLE CONTAINMENT MATERIAL (OR APPROVED EQUIVALENT) 2. SEDIMENT CONTROL LOGS MAY BE REQUIRED ALONG ACCESS ROUTES AND/OR DOWNSLOPE OF STOCKPILES, AS DEEMED NECESSARY BY ENGINEER 3. SEDIMENT CONTROL LOGS MUST BE 100% BIODEGRADABLE. SYNTHETIC NETTING OR PHOTODEGRADABLE NETTING WILL NOT BE ACCEPTED 4. SPACE STAKES AT 1"X1" NOMINAL WOOD STAKES AT 8 FOOT MAXIMUM SPACING 5. INSTALL SLOPE PROTECTION PERPENDICULAR TO SLOPE (PARALLEL TO CONTOURS). OVERLAP JOINTS PER DETAIL 'A'. RUN THE LAST 10 FEET OF EACH DEVICE UP THE SLOPE TO PREVENT FLOW RUNAROUND 6. STAKES ARE NOT TO PROTRUDE THROUGH LOGS, BUT RATHER PLACED ON THE DOWNSTREAM SIDE AT A 45 DEGREE ANGLE SO AS TO "PINCH" THE LOG TIGHT TO THE GROUND SURFACE TOP OF SLOPE OR UNDISTURBED AREA INSET INSET INSTALLATION LENGTH (MEASURED ALONG DEVICE) 12" MIN NOT TO SCALE 04 27 STABILIZED CONSTRUCTION EXIT VARI E S HAR D S U R F A C E PUBL I C R O A D 6" MIN 1" - 2" WASHED ROCK 50' M I N . NOTES: 1. IF STABILIZED CONSTRUCTION EXITS ARE LOCATED IN SATURATED SOILS, CONTRACTOR SHALL PLACE GEOTEXTILE FABRIC UNDERNEATH ROCK TO PREVENT SETTLING. 2. ROCK CONSTRUCTION ENTRANCE SHALL BE MAINTAINED FOR THE DURATION OF THE CONSTRUCTION PROCESS. 3. CONTRACTOR IS RESPONSIBLE FOR REMOVAL & RESTORATION AT COMPLETION OF PROJECT. 4. ALTERNATIVE CONSTRUCTION ENTRANCE MAY BE UTILIZED AFTER APPROVAL BY OWNERS REPRESENTATIVE/ ENGINEER. NOTES: 1) ALL MATERIALS SHALL BE CONSIDERED INCIDENTAL TO EXCAVATION. 2) UTILIZE SOILS FROM BANK SHAPING ACTIVITIES AND SLASH AS NEEDED FOR FILL. 3) SOIL PLUG TO BE TIGHTLY COMPACTED WITH MACHINERY ON-SITE (I.E. EXCAVATOR OR BULLDOZER TRACKING OVERTOP MULTIPLE TIMES) BASE FLOW STAGE PLAN CROSS SECTION B - B' FLOW CROSS SECTION A - A' TIGHTLY PACKED FILL INCLUDING SOIL AND SLASH; COVER HYDROMULCH AND SEED PER RESTORATION PLANS A A' B B' EXISTING STREAM BED TOP OF BANK EXISTING STREAM BED WIDTH - VARIES TIGHTLY PACKED FILL INCLUDING SOIL AND SLASH TOP OF BANK MAX 3 : 1 SLO P E WIDTH - VARIES TIGHTLY PACKED FILL INCLUDING SOIL AND SLASH HEIGHT - VARIES HEIGHT - VARIES BANK TREATMENT PER PLAN & PROFILE APPROX. 6" ABOVE EXISTING BANK BANK TREATMENT PER PLAN & PROFILEAPPROX. 6" ABOVE EXISTING BANK HYDROMULCH AND SEED PER RESTORATION PLANS NOT TO SCALE 02 27 CHANNEL PLUG M A X 3 : 1 S L O P E BANK TREATMENT PER PLAN & PROFILE BASE FLOW STAGE NOT TO SCALE 05 27 CATCH BASIN EROSION CONTROL 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 E. MOSSING DATE: 2/5/2024 LICENSE #57796 0 0 [01- EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL. MN TEL: 651.770.8448 WWW.EORINC.COM ------- ---- ~ ~ 0 ------ 0 BROW N 'S CR EE K WATERSHED D I STR -1 CT 0 STORM SEWER GRATE COMPLETELY COVERED BY HI-FLOW FABRIC BAG ...... ...._ __ • INSTALL CATCH BASIN INLET PROTECTION DEVICE MANUFACTURED BY DANDY PRODUCTS OR APPROVED EQUAL DATE OF STN>IDARO CATCH BAS IN ER OS ION CON TROL DE TAIL 2 FEB~";"' 4110 DETAILS-4 SHEET 27 OF 28 WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y FINAL DESIGN PLAN SET2/5/2024 NOT FOR C O N S T R U C T I O N NOT TO SCALE 01 28 FLOATATION SILT CURTAIN DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 0 5 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - C D . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - S U R F A C E 40 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E 4S e a t B o u l d e r ; I m a g e s : . . \ I m a g e s \ 8 1 1 . . \ I m a g e s \ B C W D _ l o g o . . \ I m a g e s \ C a p t u r e x : \ c l i e n t s _ w d \ 0 4 1 _ b c w d \ 0 4 1 8 _ b r o w n ' s _ c k _ p k _ r e s t r o \ 0 9 _ g i m s \ I m a g e s \ G S O C L o g o _ 2 0 1 9 C : \ U s e r s \ D M o s s i n g \ O n e D r i v e - E m m o n s & O l i v i e r R e s o u r c e s , I n c \ D e s k t o p \ W o r k \ S i g n a t u r e \ S i g n a t u r e CHECKED BY: MJM BRIDGE CULVERT TEMPORA WORK AR STEEL FENCE POST ANCHOR TO LAND CTYP ,l STEEL TENSION CABLE FLOW OF WATERWAY t t t RIVER BANK ,/UNDERWATER ANCHORCD CTYP. OF FLOTATION SILT CURTAIN) I BUOY (TYP .lQ) FLOTATION SILT CURTAIN OR TURBIDITY BARRIER PLAN VIEW FOR STREAM ®CD 7 ~~( ANCHOR CABLE ', CD ANCHOR FLOTATION SILT CURTAIN STEEL TENSION CABLE 1-1/2 INCH RIGID ST~ CONDUIT OR EQUIVALENT POST~ WATER SURF ACE 2-1/2 IN, SCH 40 PVC SLEEVE OR EQUIVALE NT TO SLIDE FREELY OVER POST CEXTEND 18 IN. MIN. BELOW WATER SURF ACEI ALTERNATE FLOTATION SILT CURTAIN 0 [01 EMMONS & OLIVIER RESOURCES, INC. 1919 UNIV. AVE. W. #300 ST. PAUL, MN TEL: 651.770.8448 WWW.EORINC.COM PERIMETER CONTROL TOE OF SLOPE FENCE POST NCHOR TO LAND <TYP.l ~ ~ ~ 6 FT. MAX ANCHORS IN WATER CD FOR FLOTA TJON SILT CURTAIN BUOY (TYP.l@ FLOT A TION SILT CURTAIN OR TURBIDITY BARRIER PLAN VIEW FOR LAKE OR MARSH ®CD STEEL TENSION CABLE AND CARRIER FLOAT BUOY <TYP,l@ FRONT VIEW FOR FLOT A TION SILT CURTAIN G) PLASTIC ZIP TIES ---E:::=----Rl (50 LB. TENSILE> LOCATED IN TOP 8 IN, =-----=----=-.c=mF-'= GEOTEXTILE FABRIC, 72" WIDE PLACE ROCK LOGS OR SANDBAGS FILLED WITH CLEAN SAND OR ROCK, SUFFICIENT TO HOLD FLAP IN PLACE AT EACH FENCE POST ANCHOR I FT. MIN. FLAP OF GEOTEXTIL WITH SANDBAGS STEEL FENCE POST AT 6 FT.MAX.SPACING WATER SURFACE BOTTOM TURBIDITY BARRIER <SILT FENCE TYPE TB> :,: • t-x ll. < w ~o ~ a:: L,.. w t-""< it TEMPORARY ROCK BERM FOR SEDIMENT CONTROL INSTALLATION GUIDELINES (3) TURBIDITY BARRIER MINIMUM WATER DEPTH: I FT. MAXIMUM WATER DEPTH: 3 FT. MAXIMUM WATER VELOCITY: 5 FT./SEC. INSTALLATION GUIDELINES @ FLOT A TION SILT CURTAIN TYPE1STILL WATER MINIMUM WATER DEPTH: 3 FT. MAXIMUM WATER DEPTH: 10 FT. MAXIMUM WATER VELOCITY: 2 FT ./SEC. MAXIMUM WAVE HEIGHT: I FT NOTES: SEE SPECS. 2573, 3886, 3887 & 3893. INSTALLATION GUIDELINES @ FLOT A TION SILT CURTAIN TYPE1MOVING WATER MINIMUM WATER DEPTH: 3 FT. MAXIMUM WATER DEPTH: 10 FT, MAXIMUM WATER VELOCITY: 5 FT./SEC. MAXIMUM WAVE HEIGHT: 2 FT. CD FOR ANCHOR SPACING AND WEIGHT REQUIREMENTS, SEE SPEC. 2573. (VIN AREAS WHERE THE PLAN CALLS FOR RIPRAP AT A BRIDGE, CULVERT, OR SLOPE, A TEMPORARY ROCK BERM CONSTRUCTED FROM THE R!PRAP CAN BE USED TO PROVIDE ADDITIONAL PROTECTION. WHEN THE WORK IS COMPLETE THE RIPRAP CAN THEN BE MOVED TO THE PERMANENT LOCATION INDICATED IN THE PLANS. THE TEMPORARY ROCK BERM IS INCIDENTAL. @ ON U.S. COAST GUARD OR OTHER MOTORIZED WATERWAYS, BUOYS ARE REQUIRED TO MARK THE ENOS ANO SPECIAL AREAS FOR VISIBILITY. PLACE BUOYS AS REQUIRED FOR NAVIGATIONAL PURPOSES. @WATER DEPTH CAN BE O TO 10 FEET. THE DEPTH OF THE SILT CURTAIN VARIES. @ MINIMUM WATER DEPTH APPLIES TO THE DEEPEST POINT ALONG THE FLOTATION SILT CURTAIN OR TURBIDITY BARRIER FOR DETERMINING APPLICABILITY OF FLOT A TION SILT CURTAIN OR TURBIDITY BARRIER. @SILT CURTAIN SHOULD BE REMOVED WHEN THE AREA CONTRIBUTING DIRECT RUNOFF HAS BEEN TEMPORARILY OR PERMANENTLY STABILIZED. SILT CURTAIN SHOULD ALSO BE REMOVED BEFORE WINTER IF ICE UP OR ICE FLOW IS ANTICIPATED. CD EMBED POST INTO BOTTOM A MINIMUM OF 401/. OF THE WATER DEPTH (INCLUDING WAVE HEIGHT>, BUT IN NO CASE SHALL EMBEDMENT BE LESS THAN 2 FEET. @ANCHOR FLOAT MUST BE CONNECTED SECURELY TO SLEEVE WITH A MINIMUM TENSILE STRENGTH OF 100 LBS. CONNECTION METHOD MUST ALLOW FOR SLEEVE TO MOVE FREELY ON POST. @PROVIDE SUFFICIENT NUMBER OF POST ANCHORS TO MAINTAIN SILT CURTAIN POSITION, STATE PROJ. NO. BR O WN'S CREEK W ATERS H E D DI S TR-1 C T SILT CURTAIN OR TURBIDITY BARRIER TEMPORARY SEDIMENT CONTROL (TH > SHEET NO. OF SHEETS DETAILS-5 SHEET 28 OF 28 EXHIBIT B Site Plan – Project Area CITY OF STILLWATER WASHINGTON COUNTY, STILLWATER, MN BROWN'S CREEK WATERSHED DISTRICT OAKDALE, MN 55128 BROWN'S CREEK PARK STREAM RESTORATION EOR JOB #0041-0418 CLIENT PROJECT #XXX-XXXX DESCRIPTION 2 3 4 5 6 1 NO. DATEw a t e r e c o l o g y c o m m u n i t y 0 SCALE IN FEET 50 100 200 NOT FOR C O N S T R U C T I O N FL O W BROWN'S CREEK THALWEG MCKUSICK RD N NE A L A V E N PROPOSED SITE ACCESS PROPOSED STAGING AREA PROPOSED SOIL STORAGE AREA APPROX. HEIGHT 5 FT ESTIMATED VOLUME = 2,928 CY PROJECT AREA DESIGNED BY: EOR DRAWN BY: DEM Pl o t D a t e : 0 2 / 1 6 / 2 0 2 4 Dr a w i n g n a m e : X : \ C l i e n t s _ W D \ 0 4 1 _ B C W D \ 0 4 1 8 _ B r o w n ' s _ C k _ P k _ R e s t r o \ 0 9 _ G I M S \ d w g \ 0 0 4 1 _ 0 4 1 8 - E a s e m e n t - E x h i b i t - C i t y . d w g Xr e f s : 4 0 0 4 1 _ 0 4 1 8 - X B A S E 40 0 4 1 _ 0 4 1 8 - P B A S E 40 0 4 1 _ 0 4 1 8 - L B A S E ; I m a g e s : . . \ I m a g e s \ B C W D _ l o g o CHECKED BY: MJM [01 EMMONS & OLIVIER RESOURCES, INC, 1919 UNIV. AVE. W. #300 ST. ?AUL, MN TEL: 651.770.6448 WWW.EORINC.COM BROW N'S SJ\t~i?i D l STR.LCT EXHIBITB: PROJECT AREA SHEET 01 OF 01   DATE: February 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: 1st Reading City Code BACKGROUND Every city should review, analyze and reorganize its City Code every 10 years. Stillwater had not recodified its City Code in almost 20 years. For more than a year City Staff has been working diligently to review every word of the City Code and provide suggestions to improve the Code in terms of uniform formatting, terminology, updating statutory references, removing provisions that are no longer necessary, reorganizing it so that sections were appropriately grouped together as well as introducing new ordinances to better serve the City. The City Council reviewed these changes and suggestions at monthly workshop meetings and offered its input and modifications.1 Until final adoption, a copy of the new City Code is only available through the City Clerk’s office. This memo will provide an overview of the changes, paying particular attention to some of the more significant changes that were made to the Code.2 DISCUSSION CHAPTER 2: ADMINISTRATION  Added explanations of Regular, Special and Emergency meetings of the City Council (Ch. 2 Art. II)  Finance: All matters related to finance are found under one section, including: o Special Assessment Deferral policy into the Code (Sec. 2-120) o All utility funds (sewer, water, stormwater, street light) o Special Service Districts (Sec. 2-188)  General Penalties Section: (Ch. 2 Art. VI) Created one uniform penalties section and deleted all references in the code to penalty provisions within individual ordinances.                                                              1 It should be noted that during the review process, it was determined that the Zoning Ordinance and Subdivision Regulations required more time for review than could be accomplished in 2023. While some amendments to the Zoning Ordinance are included in this recodification, no monumental changes were made. These sections are budgeted as a revision project for 2024. 2 You will note that the City Code skips chapters, so the only chapters with content are even-numbered. This reservation of odd-numbered chapters allows the Council to add chapters later as needed. 2   CHAPTER 4: ADVISORY BOARDS AND COMMISSIONS  All boards and commission are found under this section with consistency and uniformity on governance, appointment process and structure, with some exceptions, such as the Charter Commission.  Each board and commission has a section outlining its unique roles and responsibilities. CHAPTER 6: BUSINESSES  General Licensing: (Ch. 6 Art. I) There is a new general licensing section to provide one central location where all business license applicants can look to find the process for submission, approvals, suspensions and revocations. There is uniformity in the insurance, qualifications for approval, and license term, as well as the ability for the Council to approve a “provisional license” which is a license with conditions. This new “Provisional License” may include conditions in a mitigation plan to address any issues that relate to specific business violations, such as a condition that provides for reduced hours of operation, on-site security or other restrictions to protect the public health, safety and welfare.  Liquor Penalties: (Sec. 6-81(c)) The liquor penalty section was revised to mirror the statutory penalty language: “The authority issuing a retail license or permit … may revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000 for each violation, or impose any combination of these sanctions.” In addition, we are adding a new penalty grid (attached) in the fee schedule for liquor violations outside of the routine compliance check failures. The penalty grid allows for the flexibility of the Council to take into account factors so that the Council can impose a penalty that fits the violations.  Gambling license: Added that 55% of charitable gambling proceeds must be spent within the city’s designated trade area. (Sec. 6-222)  Added an administrative permit for Buskers and Street Performers (acting, singing, performing, playing musical instruments, pantomime, juggling, magic, puppetry, and reciting) that are associated with a specific local business or an event: (Sec. 6-382) o Permitted locations:  On applicant’s property  The sidewalk or right-of-way proximate to the business owner.  In controlled public areas where an authorized street fair or public festival is being conducted, with the written permission of the sponsor of such fair or festival.  Clarified the locations of food trucks: (Section 6-383) o An IUP is required for any food vending operation lasting more than 4 days which terminates if there is a change in ownership of the private property. o If they are in the downtown district, they are only allowed on private property of a restaurant or a brewery. o If they are not in the downtown, they are allowed on private property o If they are not in the downtown, they are allowed in the street if adjacent to a consenting property owner as part of a 1-2 day event. o They require review by HPC if in the downtown for more than 24 hours. 3   o There is an exception to all these rules if approved as part of an event permit.  Added a new license for hotels.3 All hotels will be required to obtain a license that includes 24-hour contact information for the property manager who must reside in the 7-county metro area. The licensee will be responsible for maintaining the hotel pursuant to all State and local building and fire codes, as well as any nuisance activity of its guests. This allows the City to consider taking actions against a licensee for any building code violations or nuisance conduct violations, whether it be converting it to a provisional license, a temporary suspension of the license, or revocation.  Provided authority for the City Clerk to issue certain licenses/permits administratively, if no discretion or subjectivity is required (peddlers, seasonal food vendors, buskers, motion picture production, renewals of STHR, fireworks vending)  Moved all random licenses that were found throughout the Code so they are all in this chapter (Adult Use, solid waste haulers, fireworks) CHAPTER 8: ANIMALS  No dog licenses will be required, except for potentially dangerous and dangerous dogs  New small animal ordinance (Ch. 8 Art. III) o Ag or Residential property only that has one or two dwelling units o Types of Animals and quantities:  5 chickens or ducks (combined)  2 Vietnamese pot-bellied pigs  4 goats if 1 acre+  May have more animals if 5 acre+ and all shelters are 350’ from a residence on adjacent lot  No bee permits are required but there are performance standards: (Ch.8 Art. IV) o 2 colonies if lot is less than ½ acre (then 3 extra colonies for every additional ½ acre) o No limit on colonies if 5 acre+ o Fenced in to deter access o Sales must comply with home occupation requirements  Chicken permits are still required (no change to chicken/poultry ordinance requirements) (Sec. 8-56(d)) CHAPTER 10: NUISANCE  No significant changes CHAPTER 12: OFFENSES  New Weapons ordinance to better define what is prohibited (Sec. 12-47)  New Graffiti ordinance to address the violator, not the property owner (Sec. 12-96)                                                              3 The hotel ordinance is missing from the document that was sent by the codifier, which the codifier is correcting. (ord. is attached) 4    New Curfew ordinance refers to Washington County’s ordinance for ease of enforcement (Sec. 12-147)  New Social Host Ordinance (Sec. 12-148)  New 3rd Party Gift Card Ordinance (Ch. 12 Art. IX) CHAPTER 14: PARKS AND RECREATION  Simplified and updated park hours and rules in various parks CHAPTER 16: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES  Clarified the responsibility for boulevard trees (Sec. 16-1) CHAPTER 18: TRAFFIC  Self-Propelled Devices ordinance modified to require the responsible and safe use of self-propelled devices and removed the prohibition on these devices in the downtown district. (Sec. 18-24)  New ordinance prohibiting parking in the front yard. (Sec. 18-53(c)) After several renditions and much discussion, the Council decided to eliminate front yard parking, unless a permit is issued for limited circumstances (see attached FAQ): CHAPTER 20: UTILITIES  Clarified that a private water line is defined from the water main to the building  Added sections on water meter testing, failures and valve installation  Clarified that a water connection is required when the property is sold as long as both sewer and water are available  Added SAC and WAC requirements (cl No front yar·d pa.rkir,g, ( 1) Generally. No person may park or pormit any veh icle to park i,, the fl'ont yard of any public or private property t hnL is sodded or landscaped or is maintained as a bo ulevard o r open yard space adJacent to a street, lUghway or pa r king lot. (2) Exception. Properties where s i ng le-fam- ily residenti al is a permitted use or proper- tie• zoned PROS (Pa rks, Recreation or Open Space) may apply for a permit issued administratively by t he Com - m unity Development Department, if the folJow ing requirements are met: (1) No reasonab le a l te rn ative exj:;u, for on~street parking. (2) Any vehicle parked in the front yard is licensed and operable. (3) On residential property, only one vehicle may be parked in t he front yard at a t ime. (4) On corner lots, side yards adjaecnt to a str<.--et must maintain. adequaro s ight lines for publ ic safety purposes. 5   CHAPTER 22: ENVIRONMENT  Moved all environment-related ordinances to this chapter (solid waste & recycling, tree & forest protection, conservation, slope) CHAPTER 24: BUILDING AND CONSTRUCTION  Removed unnecessary references to State Laws and Codes  Moved all fees to the Fee Resolution/Ordinance  All construction-related ordinances moved to this chapter (swimming pools, driveways, grading moving buildings) CHAPTER 26: SUBDIVISION REGULATIONS  Complete revision coming in 2024  New Park Dedication ordinance moved here and modified CHAPTER 28: ZONING  Complete revision coming in 2024  Minor changes o Terminology updates (changed “Special” Use Permits to CUPs) o Updated zoning use tables o Added Site Plan Review process o Eliminated parking deficiency tax o Changed the decision-making authority chart to streamline the process and ensure the City does not run afoul of the 60-day-rule Public Hearing Requirements and Decision-Making Authority   Permits/Action Recommendation Action Appeals Board Administrative Decisions CDD PC Conditional use permit PC CC Certificate of compliance CDD CC Design permit HPC CC Heritage Preservation Use Variance PC HPC CC Interim use permit PC CC Planned unit development PC CC Sign design approval HPC/CDD CC Sign plan review PC CC Variance PC CC Demolition permit HPC CC Zoning ordinance text/map PC CC ACTION REQUESTED MOTION TO APPROVE the 1st Reading of the Stillwater City Code 6   ATTACHMENTS    Alcohol‐related Civil Penalties Grid  Level 3 – HFLS    $500‐1,000 fine  And/or  5‐10 day suspension  revocation  Level 4 – HFHS or 3 or More  Aggravating Factors    $1,000 ‐2,000 fine  And/or  10‐60 days suspension  revocation  Level 1  ‐ LFLS    Options: Training,  Installation of Alcohol devices,  Video surveillance, security, etc  $0‐500 fine  Level 2 – LFHS    $500‐1,000 fine  And/or  3‐5 day suspension    Key:  Level 1 – LFLS: Low Severity, Low Frequency  Level 2 – LFHS: Low Frequency, High Severity   Level 3 – HFLS: High Frequency, Low Severity  Level 4 – HFHS: High Frequency, High Severity    1. Incident Severity and Frequency – The city department reporting the violation to the City  Council will substantiate the severity and frequency of the incident in a report based on the  number of incidents occurring at the licensed location under the same licensee for the previous  five years. Incident severity and frequency will take into consideration the totality of the  circumstances and the potential or actual impact on a specific neighborhood or to the overall  community.  2. Aggravating Factors – Aggravating Factors in a single incident may cause a move in the grid to  the next level (either up or sideways). Examples of Aggravating Factors include, but are not  limited to:     Any prior violation of alcohol‐related incidents in the last 5 years of the new incident (each prior  shall be counted as on Aggravating Factor);   *Felony or gross misdemeanor charges were issued out of the new incident;   Any weapons, drugs or violence involved in the new incident;   The act endangered the public;   *The act involved a juvenile;   The act involved bias or discrimination;   The act lead to other crimes (i.e. over‐serving then involved in a car accident) *(gross  misdemeanor charges or incidents involving a juvenile stemming from a routine alcohol  compliance check conducted by the Police Department shall not be counted as an Aggravating  Factor in a single incident)  3. Penalties may include a Fine, Suspension, or Revocation or any combination thereof.  7   FAQ NO FRONT YARD PARKING Q1: Right now, anyone can park on their lawn, in the front, back or side yard. What is the new law? A1: No one will be able to park in the front yard on any type of property (residential, commercial or industrial). Q2: I don’t have a driveway. What am I supposed to do? A2: If on-street parking is allowed on your street, you will be required to park in the street. Q3: I have no driveway and my street is too narrow to allow both parking and passable driving lanes. Now what am I supposed to do? A3: If you have unique circumstances, you can apply for a special permit from the City to allow you to park one vehicle in your front yard but you have to meet the following criteria:  The use is single family residential  You have no reasonable alternative places to park  The car must be licensed and operable Q4: If I get a special permit, how many cars can I park in my front yard? A4: With a special permit, you will be allowed to park 1 vehicle at a time in the front yard. It does not have to be the same vehicle, but you are only allowed to have 1 vehicle parked in your front yard. Q5: Can I still park on the grass in the back yard? A5: Yes, you can still park on the grass in the back yard or side yard. Q5: What happens if I park in my front yard without a permit or violate the conditions of the permit? A5: The consequences for violating the City Code are an administrative citation with a financial penalty, or abatement and assessment for the costs of removing the vehicle or a misdemeanor criminal citation. The ordinance reads as follows: No Front Yard Parking. No person may park or permit any vehicle to park in the front yard of any public or private property that is sodded, seeded, or landscaped or is maintained as a boulevard or open yard space adjacent to a street, highway or parking lot. Exception. Single-family residential properties may apply for a special permit issued administratively by the Community Development Department, if the following requirements are met: (1) The property is a single-family residential use. (2) No reasonable alternative exists for on-street parking. (3) Any vehicle parked in the front yard is properly licensed and operable. (4) Only one vehicle may be parked in the front 8   Sec.   ‐     . HOTEL LICENSE    Subd. 1. Definitions.  Words used in this section shall have the following meanings unless otherwise  defined in this section.     GUEST. A person as defined in Minn. Stat. § 327.70 subd. 2 as it may be amended.   HOTEL. A hotel, motel, resort, boarding house, bed and breakfast, furnished apartment house or  other building as defined in Minn. Stat. § 327.70 subd. 3 as it may be amended.  OWNER or LICENSEE. Any person, agent, operator, firm or corporation having a legal or equitable  interest in the property or recorded in the official state, county or city records as holding title to  the property or otherwise having control of the property.  PERSON. May be an individual, corporation, firm, association, company, partnership, organization  or any other group acting as a unit.     Subd. 2 License Required.  (1) General rule. No person, partnership, business entity, or corporation shall operate a hotel in  the city without a license for each building.   (2) City council action. Upon receipt of a completed application, the city council may take any of  the following actions on new license applications:   (a) Approve the license;   (b) Deny the license;   (c) Approve a provisional license;   (d) Approve the license with reasonable conditions; or   (e) Continue the license application for good cause.   (3) Applications. The license application must be submitted on a form provided by the city and  must include all the information requested on the application form, in addition to the  following information:     (a) Property owner information.   1. The name, address and complete information of the property owner, if the property  owner is an individual, including social security number.   2. The name, address and complete information of at least one officer, manager or  director, if the property owner is a business entity, including the name of the business  entity, the state of formation, the applicants federal tax identification number and  state employer identification number.   (b) Property contact information. The applicant must provide 24‐hour contact information  for one person in any of the following categories:     1. At least one person who is responsible for compliance with this and any other code  requirement pertaining to the hotel, such as a property manager, who must reside in  the Twin Cities 7‐County metropolitan area or is able to respond to complaints within  60 minutes or less; or   2. Any of the owner's agents responsible for management of the hotel, such as a  property management company and the name and contact information of a person  at the property management company.  (c) The city clerk must be notified in writing of any changes to the name(s) provided on the  application.   (d) Number of rooms. The license application must contain the number of guest rooms within  the hotel.  (e) Insurance. The licensee must provide proof of sufficient and suitable insurance with the  ---- 9   license application.   (f) License fee. The application must be accompanied by payment in full of the required  license fee. The license application fee will be determined by the city council and listed in  the city fee schedule.   (4) Changes in ownership. A license is non‐transferable. If there is a change in the ownership of  the hotel, a new license is required.   (5) License term. The term of the license year begins on January 1 and ends on December 31,  unless a shorter license term is specified upon approval.  (6) Display of license certificate. The license certificate must be exhibited in a conspicuous place  at or near the entrance to the hotel.     Subd. 3. Maintenance standards.   (1) It is the responsibility of the licensee to assure that every hotel is maintained in compliance  with all city ordinances and state laws. A violation of any of the following laws and  ordinances constitutes a public nuisance:   (a) Building Code (Chapter 33);   (b) Animal regulations (Chapter 27);   (c) Minnesota State Fire Code (Section 23‐1, subd. 1);   (d) Public nuisance regulations (Chapter 38);   (e) Parking violations (Chapter 51);    Subd. 4. Conduct in hotel.   (1) It shall be the responsibility of the licensee to ensure that guests occupying a licensed  property conduct themselves in such a manner as not to cause the licensed property or  surrounding neighborhoods to be disorderly.  For the purposes of this section, a licensed  property is disorderly at any time that any of the following activities occur involving:   (a) Noise complaints;  (b) Disorderly conduct  (c) Controlled substances, violations of city code chapter 43 regarding intoxicating liquor or  3.2 percent malt liquor;  (d) Falsely reporting a crime;  (e) Prostitution or acts relating to prostitution;  (f) The unlawful use of a firearm or unlawful possession of a firearm;  (g) Terroristic threats, not including domestic assault; assault;  (h) Contributing to the need for protection or services or delinquency of a minor, child  abuse/endangerment;   (i) Violations of Section 3 of this ordinance (Maintenance standards);  (j) Murder;  (k) Rape, indecent exposure, other sex crimes;  (l) Robbery, burglary or theft (including auto theft);  (m) Arson, negligent fires; property damage (including criminal damage to property);  (n) Trespass;  (o) Warrant arrests;  (p) Public health violations;  (q) Aiding and abetting the commission of a violation contained herein.  (2) Upon a determination by the city that a licensed property was used in a disorderly manner,  as described in this section, the city may issue an administrative citation pursuant to  Chapter 22, Section 22‐10.   10   Subd. 5. Responsibility for acts of manager. Licensees and owners are responsible for the acts or  omissions of any manager as it pertains to the hotel.     Subd. 6. License denial, suspension or revocation. Depending upon the circumstances, nature and  severity of the violation of any of the above‐stated provisions, the city council may hold a license hearing  for consideration of suspension, revocation or conversion to a provisional license, if deemed appropriate.  Any hotel license may be suspended or revoked for one or more of the following reasons:   (1) It is the third substantiated and relevant complaint or violation of the ordinance within a 12‐ month period.   (2) The licensee has failed to pay all of the appropriate fees related to the license, or is  delinquent on any other city fees;   (3) The licensee has made fraudulent statements, misrepresentations, not fully disclosed  information or made false statements in the application for or in the course of the licensee's  business;   (4) The licensee has been convicted of any crime or offense in the previous five years involving  or relating to the hotel rental business and the licensee has failed to show competent  evidence of sufficient rehabilitation and present fitness to perform the duties of the  business;   (5) The licensee has acted in an unauthorized manner or beyond the scope of the license  granted.  (6) Other good cause.     Subd. 7. Violations. A violation of this ordinance is a misdemeanor. However, the city may use  alternative enforcement methods, including issuing an administrative citation pursuant to Section 22‐10.       City of Stillwater Washington County, Minnesota ORDINANCE NO. XXXX AN ORDINANCE REPEALING AND REPLACING THE CITY OF STILLWATER CITY CODE The City Council of the City of Stillwater, Washington County, Minnesota does hereby ordain as follows: SECTION 1 REPEAL. The City of Stillwater, County of Washington, State of Minnesota, City Code is hereby repealed in its entirety. SECTION 2 REPLACE. The City of Stillwater, County of Washington, State of Minnesota, City Code is hereby replaced in its entirety. 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 City Council adopted an ordinance repealing and replacing the City of Stillwater City Code into a new, cleaner, updated, reorganized and more efficient document. It contains updated statutory citations, the removal of unnecessary or duplicative sections, the use of consistent capitalization, titles and citations, gender neutralization, as well as implementing best practices in all areas of the Code to ensure an efficient and user-friendly document for Staff and for the general public. Some of the more significant changes include the following: General City Code – Code of Ordinances: Chapter 1. General Provisions: Clarified definitions and uniformity of City Code throughout and added the ability to have electronic signatures and provision on recordkeeping. Penalties for violation of code moved to Chapter 2 Administration. Chapter 2. Administration: Moved Election Ward boundaries to City Charter; Added explanations of Regular, Special and Emergency meetings of City Council, and new background check language; moved boards and commission to new chapter for better organization; moved Emergency Management into this Chapter and updated; combined all matters related to Finance under one section and updated items related to unclaimed, abandoned and surplus proterty, rural and urban taxing district, Lodging tax, deferral policy for assessments, utility funds and billing and street light utility; and created one uniform section for general penalties. Chapter 4. City Boards, Commissions and Similar Bodies: This chapter contains uniform provisions that apply to all boards and commissions and updated description of Downtown Parking Commission. 2 Chapter 6. Businesses: Added a general business license section so that it can be “one-stop-shop” for any business applying for a required license and moved all random licensing found throughout the code into this chapter. Redefined the Peddlers, Solicitors and Transient Merchants licensing section, restructured the Alcohol Beverage section, and enhanced the Liquor Penalty section. Added new sections for Provisional Licenses, Buskers and Street Performers and Hotel Licensing. Updated gambling license designated trade area, removed towing, tree trimming, sandblasting, landscaping and fencing licensing requirements, added solar panel installer licensing, and provided City Clerk to issue certain licenses administratively. Chapter 8. Animals: Expanded definitions on type of animals allowed, removed dog licensing (except for potentially dangerous and dangerous dogs); removed beekeeping permit requirements instead add performance standards for beekeeping; and expanded Farm and Other Small Domestic Animal provisions and Keeping of Poultry permit requirements. Chapter 10. Nuisances: Moved the Noise section from Chapter 12 Offenses and revised to use a reasonable person standard instead of decibels; and added a new section for Diseased Trees and included section on management of Grass and Weeds. Chapter 12. Offenses: Improved Weapons section to define what is prohibited, added Graffiti Prevention to help prevent vandalism, included new Social Host ordinance to discourage underage consumption of alcohol, and added Procurement of Third-Party Gift Cards section to help stop fraudulent purchases of these cards at retail establishments. Chapter 14. Parks and Recreation: Deleted Port Authority, moved park dedication fees to Chapter 26 Subdivisions and updated general park use, Lily Lake, Long Lake, McKusick Lake and St. Croix River waterfront to reflect current practices. Chapter 16. Streets, Sidewalks and Other Public Places: Removed Street excavation and construction section, moved building numbering section to Chapter 24 Buildings and Construction, added new section to prohibit snow and ice from being deposited onto public property and removed Street Light Utility section, which was moved to Ch. 2. Chapter 18. Traffic and Vehicles: Removed statutory crimes, updated self- propelled devices section, added no front yard parking. Chapter 20. Utilities: Clarified definitions of private water line and required connection, added water meter testing, failures and valve installation section as well as SAC and WAC requirements. Chapter 22. Environment: Moved all environment-related ordinances to this chapter, added new Salt Storage section and Stormwater Illicit Discharge and Illicit Connect section. Chapter 24. Buildings and Construction: moved all construction-related ordinances into this chapter, removed unnecessary references to State Laws and Codes, 3 moved fees to Fee Schedule Ordinance, and combined the Fire Prevention chapter into this chapter. Chapter 26. Subdivisions: Regulations remain unchanged, except for adding park dedication fees, but will be updated in 2024. Chapter 28: Zoning Code: Complete revision coming in 2024/2025. Minor changes occurred to update terminology and zoning charts. Added site plan review process, eliminated parking deficiency tax and special use permits, moved building demolition permits to Chapter 24 and Adult Uses to Chapter 6. SECTION 4 EFFECTIVE DATE. This ordinance shall be in full force and effect on February 23, 2024. Adopted by the City Council of the City of Stillwater this 20th day of February 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: February 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: REVISED Fee Schedule Amendment Over the weekend, City Attorney Land reviewed the proposed amended fee schedule and compared it to the new city code revisions and found several items that need to be included in the amended fee schedule. The items are: Fees for working without a building permit. Add business license fees for adult use businesses, alcohol culinary class license, buskers permit, and background check for gambling premises permits. Include fees for small wireless faciltiy collocation on city structures, industrial waste strength and vegetation cutting permit in the St. Croix Overlay District. Current lodging tax fees need to be included in the fee schedule. Add fee for dangerous dog designation appeal and rename special vehicle license to Special Motorized Electric Cart Permit. Clarify Subdivision/Plat Fees for 5 or more lots; add planned unit developments fee, front yard parking permit fee, seasonal food vending (food trucks) fee, and variance – HPC use variance fee. ACTION REQUESTED Council should review the fees and if agree, pass a motion approving the 1st reading of the Ordinance amending the 2024 Fee Schedule.   City of Stillwater Washington County, Minnesota ORDINANCE ____ AN ORDINANCE AMENDING THE CITY OF STILLWATER 2024 FEE SCHEDULE The City Council of the City of Stillwater does ordain: SECTION 1 The following fees are hereby revised by ordinance: a) I. ADMINISTRATION FEES. Revise Data Request items performed by the Police Department and add resonable fees per Minn Stats 130.03 for remote access to data as follows:   Police In-house Statistical Computer Run $25 Police Reports or State Accident Reports $0 Police Audio/Video (BWC) $25 per case no. Police Photographs $25 per case no.   b) II. BUILDING PERMIT FEES. Add working without a permit fee which is twice the permit fee.   b)c) III. BUSINESS LICENSING FEES. Add Hotel Licensing and $150 fee and redact Tree Contractor License Fee and add the following fees:   Adult Use License Prinicpal (primary activity) $250 Accessory (limited activity) $100 Initial Investigation Fee $300 Annual Investigation Fee $150 Alcohol Licenses Culinary Class $100 Buskers Permit $50 Gambling Premises Permit Background Check Fee $100   c)d) IVII. ENGINEERING FEES. Revise Park and Trail Fee reference to reflect Chapter 26, Article VI in the new city code.and add the following fees:   Small Wireless Facility Collocation on City Structure $150/rent $25/maintenance $73/radio if less than 100 watts $182/radio if more than 100 watts Industrial Waste Strength Charge Met Council rate Vegetation Cutting Permit (St. Croix Overlay District) $25     REVISED  1- ----   e) V. FINANCE FEES. Add Lodging Tax 3% of gross receipts and Lodging Tax Penalty 10% of amount due.   d)f) IVIX. POLICE FEES. Redact bicycle licensing fee and dog licensing fees except for Potentially Dangerous and Dangerous Dog license fees. Add Dangerous Dog Designation Appeal $200 fee and rename Special Vehicle License fee to Special Motorized Electric Cart Permit.   e)g) VXII. VIOLATIONS. Revise Administrative Citations City Code references to match chapters in the new city code, add Administration Citation Appeal $200 fee, redact Liquor, CBD & Tobacco License Violation Appeal fee, and redact Alcohol Violations section and insert Alcohol-related Civil Penalties Grid as follows:   Sale of alcoholic beverages to underage person as part of compliance check $500 $750 + 3 day Suspension $1,000 + 9 day Suspension Revocation Alcohol-related Civil Penalties Grid - For penalities other than sale to underage persons as part of a compliance check  Key:   Level 3 – HFLS:  High Frequency, Low Severity             Level 1 – LFLS:  Low Severity, Low Frequency  Level 4 – HFHS:  High Frequency, High Severity  Level 2 – LFHS:  Low Frequency, High Severity  Level 3 – HFLS $500 – $1,000 fine and/or 5-10 day suspension revocation Level 4 – HFHS or 3 or more Aggravating Factors $1,000 – $2,000 fine and/or 10-60 day suspension revocation Level 1 LFLS $0 – $500 fine Options: Training, installation of alcohol devices, video surveillance, security, etc Level 2 – LFHS $500 – $1,000 fine and/or 3-5 day suspension 1. Incident Severity and Frequency – The city department reporting the violation to the City Council will sustatiate the severity and frequency of the incident in a report based on the number of incidents occurring at the licensed location under the same licnesee for the previous five years. Incident severity and frequency will take into consideration the totality of the circumstances and the potential or actual impact on a specific neighborhood or to the overall community. 2. Aggravating Factors – Aggravating Factors in a single incident may cause a move in the grid to the next level (either up or sideways). Examples of Aggravating Factors include, but are not limited to:  Any prior violation of alcohol-related incidents in the last 5 years of the new incident (each prior shall be counted as on Aggravating Factor);  *Felony or gross misdemeanor charges were issued out of the new incident;  Any weapons, drugs or violence involved in the new incident;  The act endangered the public;  *The act involved a juvenile;  The act involved bias or discrimination; 3. Penalities may include a Fine, Suspension, or Revocation or any combination thereof.      f). VIXIII. ZONING AND LAND USE APPLICATION FEES. Redact Beekeeping Permit fee. Add Front Yard Parking Permit $25 fee, add Seasonal Food Vending (food trucks) $50 fee, add Planned unit developments $xx fee and add Variance – HPC Use Variance $500 fee. Also, add Subdivision/Plat (5 or more lots) Fees   of $750 with $5,000 Escrow for Preliminary Plat and $750 with $5,000 Escrow for Final Plat.   SECTION 2 UNCODIFIED. This ordinance shall not be codified in the Stillwater City Code but fees will be included in the City’s adopted 2024 Fee Schedule. 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 amends fees. The ordinance will not be codified in the City Code but the fees will be listed in the City’s 2024 Fee Schedule. SECTION 4 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 20th day of February, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov 2024 FEE SCHEDULE Effective January 5, 2024 March 15, 2024 I. ADMINISTRATION FEES Fee Data Practices Requests and/or Copies – Fee must be paid before any data is released (MS 13.03) Electronically Stored Data/Transmitted via pdf, 100 or fewer pages of letter or legal size Actual Cost (minimum rate is $30 per hour) Paper Copies (black and white), 100 or fewer pages letter or legal size 25¢ for a one-sided copy 50¢ for a two-sided copy Paper copies (black and white) 11 x 17 $0.75/page Paper Copies (color/prints) per side 8.5 x 11 (1-5 pages) $2.00/page 8.5 x 11 (6-50 pages) $1.75/page 8.5 x 14 (1-5 pages) $2.50/page 8.5 x 14 (6-50 pages) $2.25/page 11 x 17 (1-5 pages) $3.00/page 11 x 17 (6-50 pages) $2.75/page Copies or Electronic Transmittal of more than 100 pages or Other Types of Copies Actual Cost (minimum rate is $30 per hour) Data on CD/DVD/Flash Drive (does not include costs of retreiving data) $15 Data Practices Research Deposit $300 Police In-house Statistical Computer Run $25 Police Reports or State Accident Reports $0 Police Audio/Video (BWC) Copy $125 per case no. Police Photographs $25 per case no. Prepared Maps ‐ Black/White/Blue Line As-built Drawings (11 x 17) $10 minimum or $3 per page City Map (8.5 x 11) or (11 x 17) $2 Land Use Map (11 x 17) $4 Zoning (8.5 x 11) $2 Zoning (11 x 17) $4 Prepared Maps ‐ Color City Map (8.5 x 11) or (11 x 17) $2 Land Use Map (11 x 17) $7 Parcel Map and Topographic Maps Available from Washington County Zoning Map (8.5 x 11) $5 Zoning Map (11 x 17) $7 Publications/Minutes/Agendas Budget Book $25 City Code Book Unbound $100 City Code Book Bound $125 Comprehensive Plan printed & bound $75 llwater THE BIRTHPLACE OF M I NNESOT: ~ 2024 Fee Schedule Page 2 of 12 3/151//5/24 Comprehensive Plan CD $15 Design Manual $5 Downtown Plan $10 Financial Report $50 Mailed agendas – per year $20 + Postage Mailed minutes – per year $60 + Postage Zoning Book $25 Other – (City meetings available on DVD through Valley Access Channel at 651‐430‐2921) Election Candidate Filing Fee $5 II. BUILDING PERMIT FEES Fee Minimum Fee Plumbing Permit Commercial 1% of bid plus state surcharge $55 plus state surcharge Residential $10 per opening plus state surcharge $55 plus state surcharge Water Softeners $25 plus state surcharge Sewer and Water $55 plus state surcharge Mechanical Permit Commercial 1% of bid plus state surcharge $55 plus state surcharge Residential – if installing both heat and air conditioning on the same permit Heating plant $55 plus state surcharge Air conditioning $25 plus state surcharge Residential – if installing either heat and air conditioning Heating plant only $55 plus state surcharge Air conditioning only $55 plus state surcharge Heating plant includes fireplaces $55 plus state surcharge Miscellaneous work such as duct work, new gas line, etc. $55 plus state surcharge Building Permit Fees – Total Valuation $1.00 to $500.00 $30 $501.00 to $2,000.00 $30 for the first $500 plus $3 for each additional $100 or fraction thereof, to and including $2,000 $2,0001 to $25,000 $75 for the first $2,000 plus $15 for each additional $1,000, or fraction thereof, to and including $25,000 $25,001.00 to $50,000.00 $425 for the first $25,000 plus $10 for each additional $1,000, or fraction thereof, to and including $50,000 $50,001.00 to $100,000.00 $675 for the first $50,000 plus $11.50 for each additional 1,000, or fraction thereof, to and including $100,000 2024 Fee Schedule Page 3 of 12 3/151//5/24 $100,001.00 to $500,000.00 $1,250 for the first $100,000 plus $5.50 for each $1,000, or fraction thereof, to and including $500,000 $500,001.00 to $1,000,000.00 $3,500 for the first $500,000 plus $4.50 for each Additional $1,000, or fraction thereof, to and including $1,000,000 $1,000,001.00 and up $5,750 for the first $1,000,000 plus $3.15 for each additional $1,000, or fraction thereof Other Inspections and Fees Inspections outside of normal business hours $55*/hour Reinspection fees assessed under provisions of Section 305.8 $55*/hour Inspections for which no fee is specifically indicated $55*/hour (minimum charge = one half hour) Additional plan review required by changes, additions or revisions to plans $55*/hour For use of outside consultants for plan checking and inspections, or both Actual costs** Working without a permit Twice permit fee *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. **Actual costs include administrative and overhead costs. III. BUSINESS LICENSING FEES Fee Per Year Adult Use License Prinicpal (primary activity) $250 Accessory (limited activity) $100 Initial Investigation Fee $300 Annual Investigation Fee $150 Alcohol Licenses On-Sale $2,887.50 On-Sale Club $446.25 On-Sale Sunday $200 On-Sale Extend Hours for World Cup $250 Off-Sale $200 On-Sale Wine $315 On-Sale Wine w/Strong Beer $477.75 On-Sale 3.2% Malt Liquor $162.75 On-Sale 3.2% Malt Liquor Extra Hours for World Cup $250 Off-Sale 3.2% Malt Liquor $57.25 Brewer Tap Room $500 Brewer Off-Sale $200 Small Brewer Off-Sale $200 Brewers Tap Room On-sale Sunday $200 Consumption & Display $250 initial + $250 payable to AGED 2 A.M. On-Sale $200 initial + $200 payable to AGED 2024 Fee Schedule Page 4 of 12 3/151//5/24 Micro Distiller Cocktail Room $2,887.50 Micro Distiller Off-Sale $200 Culinary Class $100 Temporary On-Sale or 3.2% Liquor License (*Fee includes AGED license and public safety services) Using Private Property $25 per day Using City Property with over 250 people $1,000/day* Using City Property with 75 to 250 people $250/day* Using City Property with under 75 people $25/day Initial Investigation Fee $300 Annual Investigation Fee $150 Building Contractor License $100 Buskers Permit $50 CBD Retail Establishment License $4,000 Initial Investigation Fee $300 Annual Investigation Fee $150 Gambling Premises Permit Background Check Fee $100 Hotel License $150 Massage Therapist License Establishment License $100 Individual Therapist License Background Check $15 Pawn Broker Fee $5,000 plus $200 monthly fee for computer access charges Peddler Background Check $15 per individual or representative Short Term Home Rental License (valid 3 years) $300 Background Check Investigation Fee At City Cost Additional Inspection (1st inspection included in license fee) $150 each Solid Waste, Recycling and/or Roll‐off Hauler License Commercial Property (including roll-off) $300 Residential Property (including roll-off) $300 Roll-off Only $50 Tobacco License Fee $250 Initial Investigation Fee $300 Annual Investigation $150 Tree Contractor License Fee $100 IV. ENGINEERING FEES Fee Escrow An Escrow shall be established to cover engineering and legal fees incurred by the City as part of the plan review. The fee shall be doubled for after‐the‐fact permit applications. AUAR Single Family $4,564.45/acre Multi-family/Commercial $9,128.89/acre Trunk Sewer and Water Phase III Annexation $22,793.12/acre Long Lake East $12,819.58/acre Long Lake West $18,891.93/acre Middle Trunk A $8,141.97/acre Boutwell East $18,157.36/acre Boutwell West $14,031.27/acre 2024 Fee Schedule Page 5 of 12 3/151//5/24 Park & Trail Fee See city code Chapter 48, Sec 48- 5126, Article VI Other Engineering Fees Sanitary Sewer Hookup $5,000/unit Water Hookup $5,000/unit Public ROW or Pubic Easement Vacation $350 Small Wireless Facility $50/device $5,000 Small Wireless Facility Collocation on City Structure $150/rent $25/maintenance $73/radio if less than 100 watts $182/radio if more than 100 watts Industrial Waste Strength Charge Met Council rate Grading Erosion Control - Residential $250 $2,500 - Non-Residential $700 $7,000 Grading Permits See Uniform Building Code Vegetation Cutting Permit (St. Croix Overlay District) $25 Obstruction Permit $50/week Right-of-Way Permit Hole: $200 per hole Trench: $200 plus $0.50 per lineal foot of trench Boring: $200 plus $0.50 per lineal foot of trench Extension: $200 plus $0.50 per lineal foot of trench Penalty: 2 times the amount of standard permit Degradation: homeowners are exempt on repairs to existing sewer and water services in the right‐of‐way To be calculated by City (see below for estimates) Degradation Fee Estimates for Bituminous Street New Street - 0 to 5 years $4.00 per square foot Existing Street $2.00 per square foot Street to be reconstructed in next 5 years $1.00 per square foot Degradation Fee Estimates for Bituminous Pathway New Path - 0 to 5 years $1.50 x path width x length Existing Path - 5 years old to 5-year plan $1.00 x path width x length Path to be reconstructed in next 5 years $0.50 x path width x length V. FINANCE FEES Fee Assessment Searches $25 Assessment Roll Copy (each) $25 Merchant Credit Card Processing Fee At City Cost Mowing & Snow Removal Services - in addition to contractual services 1 time service call or first reoccurring service call $100 Second service call and each additional reoccurring service calls $50 NSF Checks or denial of ACH Fee Maximum allowed by law Special Service District Assessment Fee $500/commercial building 2024 Fee Schedule Page 6 of 12 3/151//5/24 Lodging Tax 3% of gross receipts Lodging Tax Penalty 10% of amount due VI. FIRE FEES Fee Annual license for retail sales of consumer fireworks $100 Fireworks Display Permit (Pyrotechnics) $100 Automatic fire extinguishing systems 1.2% of value, $100 minimum Fire alarm systems 1.2% of value, $100 minimum Open burning permit $20 Residential daycare and foster care inspection $50 Tank removal permit $75 Yearly nuisance/false alarm fees* – Residential *False alarm fees based on calendar year and per call basis $0 1-2 $75 3-4 $150 5-6 $300 7-8 $400 9 + Yearly nuisance/false alarm fees* – Commercial *False alarm fees based on calendar year and per call basis $0 1-2 $90 3-4 $180 5-6 $360 7-8 $425 9 + Lift Assists (non-injury) Independent Living Facilities/Residential $0 1-2 / year $100 3-4 / year $200 5-6 / year $400 7 + / year Lift Assists (non-injury) Assisted Living Facilities, Nursing Care Facilities $400/call Fire Personnel Fees (Services that do not fall under Events) Fire Department Personnel Overtime Rate – 3 hr. Minimum VII. PARK RESERVATION FEES Fee Park Facilities (picnic shelters, gazebos, pergolas) $100 refundable damage deposit and $100/day reservation fee Ball fields (for tournaments) $150 refundable damage deposit and $300 reservation fee Preparation of Ball fields Lower Lily Lake field $20/game Upper Lily Lake field or Public Works Field $15/game Baseball & Softball $15/game except Lower Lily Lake field Lacrosse or Soccer $20/application Football $25/application Park Open Space $100 refundable damage deposit and $50/day reservation fee Pioneer Park Bandshell & Lowell Park Amphitheater All groups, including not‐for‐profit and educational institutions must pay to use the bandshell and amphitheater $100 refundable damage deposit and $125/day reservation fee Teddy Bear Park Building Rates – A $100 refundable damage deposit per floor plus the following: Mon-Thurs Fri-Sun 2024 Fee Schedule Page 7 of 12 3/151//5/24 First 3 hrs. (1st floor) $80 First 3 hrs. (1st floor) $160 Add’l hour (1st floor) $25 Add’l hour (1st floor) $45 First 3 hrs. (2nd floor) $60 First 3 hrs. (2nd floor) $125 Add’l hour (2nd floor) $15 Add’l hour (2nd floor) $35 Events & Special Events Event Application Fee $25 Special Event Application Fee $50 Special Event with Contract Application Fee $100 Application Late Fee $75 for events/$500 for special events Event Fees (Defined): *Per Day includes each day of event. Separate load‐in day fee of $500/day will apply. Event Special Event Special Event With Contract No event base fee required but $100 refundable damage deposit if using park + park reservation fees apply $500/day* base fee plus $1,000 security deposit $500/day* base fee plus $1,000 security deposit – subject to negotiated contract provisions Food Service Vendors at Events 1-10 Vendors $50/day of service at event 11+ Vendors $200/day of service at event Materials for Events Porta Potty – ADA Compliant Actual Cost from City Vendor Porta Potty – Standard Actual Cost from City Vendor Additional Service Actual Cost from City Vendor Traffic Control for Events requiring intersection(s) controlled Organizer required to provide proper traffic control equipment Route Events under 4 hours $300/day Parades or Route Events over 4 hours $1,000/day Road Closure for Events without Routes $0 VIII. PARKING FEES Fee Parking Lot Rental for Events – Organizer required to provide proper traffic control equipment Lots 1, 7, 8, 8A, or 12-17 (Lot 17 is available at no charge for Veteran Memorial Events & Farmers Market) Not available Lots 2 (north half), 2 (south half), 3, 4, 5, 8B, 9,10, 11 $200/day Downtown Parking Rental Rates – All stalls $9/day/space Permit Parking Downtown Residential Permit parking per vehicle $20/month Downtown Business Permit per vehicle $20/month Parking Ramp – Rivertown Commons (limit 8) $25/month Parking Ramp – General Residential Permit (limit 17) $35/month Hourly Parking Hourly Parking (10:00 a.m. to 10:00 p.m. daily, except during events) All Surface Lots (1-12) and On-street Parking east of Main Street (Nelson Street, Water Street, Myrtle Street, Mulberry Street) $1/hour Event Parking All Surface Lots (1-12) and On-street Parking east of Main Street (Nelson Street, Water Street, Myrtle Street, Mulberry Street) $10/day Merchant Processing Fees At City Cost 2024 Fee Schedule Page 8 of 12 3/151//5/24 IX. POLICE FEES Fee Bicycle License $1 Annual Dog Pass – Resident $0 Annual Dog Pass – Non-Resident $10 Dog License – 3-year license $35 3-year license microchipped only $25 3-year license sterilized only $15 3-year license microchipped and sterilized $5 Dog License - Lifetime license $105 Lifetime license microchipped only $75 Lifetime license sterilized only $45 Lifetime license microchipped and sterilized $15 Lifetime licensee holders must provide a copy of rabies vaccination every 3 years to the City of Stillwater Potentially Dangerous Dog License $200 Dangerous Dog License $400 Dangerous or Potentially Dangerous Dog License Replacement Tag $5 Dangerous Dog Designation Appeal $200 Dog Impound $50 Kennel Fees $250 Special Motorized Electric Vehicle License Cart Permit $100 Police Personnel Fees (Services that do not fall under Events) Police Dept. Personnel/Officers Overtime Rate – 3 hr. Minimum Police Reserves $25 per hour – 3 hr. Minimum X. ST. CROIX VALLEY RECREATION CENTER RATES Hourly Rates Prime Time Non‐Prime Time Summer Ice Rec Center Ice $245/hour $190/hour $190/hour Lily Lake Ice $240/hour $190/hour $190/hour Full Field Hours $345/hour $280/hour $190/hour Half Field House $245/hour $215/hour $190/hour Other Rates Open Skating $7/child $8/adult Open Field $7/child $8/adult XI. UTILITY FEES Fee Sanitary Sewer Rates - Per Quarter First Minimum Charge $78.11 Overage Charge $10.71 Penalty/Late Fee 10% Street Lighting Rates - Per Quarter Residential $12.36 3% increase in 2025 Per Quarter Non-Residential Based on acreage Storm Sewer Rates - Per Quarter $15.75 $16.22 for 2025 Water Rates: Commercial Winter $2.77/1000 gal Commercial Summer $3.02/1000 gal Residential 1000-8000 gallons $1.70/1000 gal Residential 9000-18,000 gallons $2.23/1000 gal Residential 19,000-28,000 gallons $2.76/1000 gal I I 2024 Fee Schedule Page 9 of 12 3/151//5/24 Residential 29,000+ gallons $4.35/1000 gal Curb turn on/shutoff (during business hours) No Charge Curb turn on/shutoff (after business hours) $100 Hydrant Connection or meter $35 Water Availability Charge $1000 per Sac Unit Water Meter – ¾” $300 Water Meter – 1” $400 Water Meter – >1” At Cost Parts (curb stop, valves, fitttings) – Residential and Commercial properties only At Cost Bulk water $2 per 1,000 gallons Hydrant meter deposit $2,500 XII. VIOLATIONS Fine City Code Administrative Citations (Chapter 2, Article VI) Animal – Wild or Dangerous Dog $500 Ch. 278 Animal violations, general, including bees, chickens farm & other small domestic animals (except dangerous animals) $55 Ch. 278, Ch. 3128 Building Demolition violations of historic structures $500 Ch. 31-21528 Curfew $50 Sec. 52-11Ch. 12 Disposal of waste into sewer system $100 Ch. 2910, Ch. 22 Failure to obtain a license, registration or permit $250 Ch. 41, Ch. 43 6 Fire Code violations $100 Ch. 2324 Garbage & Rubbish $25 Ch. 3022 Noise violations $150 Ch. 5210 Parking violation $25 Ch. 5118 Parking violation snow emergencies $50 Ch. 5118 Parking violation late fee $25 Ch. 2 Public nuisance, general $200 Ch. 3810 Public nuisances affecting health, peace and safety $500 Ch. 3810 Public health, safety, welfare violations (except as otherwise stated) $100 Ch. 5210 Public parks violations $50 Ch. 4814 Public waters violations $200 Ch. 3522 Recreational vehicles violation $50 Sec. 51-7 Ch. 18 ROW permit violations $100 Ch. 2410 Self-propelled devices violations $50 Sec. 51-8 Short Term Home Rental 1st verified complaint $250 Sec. 41-8Ch. 28 Short Term Home Rental 2nd Vverified complaint $1,000 Sec. 41-8Ch. 28 Short Term Home Rental 3rd verified complaint $2,000 Sec. 41-8Ch. 28 Snowmobiles $70 Sec. 51-6Ch. 18 Special & Conditional Use Permit violations $250 Ch. 3128 State Building Code violations, general $200 Ch. 3324 State Building Code violations, hazardous $500 Ch. 3324 Stormwater violations $200 Ch. 3522 2024 Fee Schedule Page 10 of 12 3/151//5/24 Subdivision Ordinance violations $250 Ch. 3226 Watering restriction violations $25 Ch. 2810 Zoning Ordinance violations, unless otherwise stated $100 Ch. 3128 Except as otherwise stated above, all other violations of City Code $100 Repeat Violations within 12 months (except parking violations) Double the amount of scheduled fine for the previous violation, up to a maximum of $2,000 Administration Citation Appeal $200 Liquor, CBD & Tobacco License Violation Appeal $100 + Hearing Officer Fee ($90 hr) Alcohol Violations *Look back period for multiple offenses is no more than 5 years 1st Offense 2nd Offense 3rd Offense* 4th Offense After hours display or consumption of alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation After hours sales of alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation Commission of a felony related to the licensed activity Revocation N/A N/A N/A Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation Refusal to allow City Inspectors or Police admission to inspect premises 5 day Suspension 15 day Suspension Revocation N/A Sale of alcoholic beverages while license is under suspension Revocation N/A N/A N/A Sale/purchase of alcoholic beverages to/by underage person as part of compliance check $500 $750 + 3 day Suspension $1,000 + 9 day Suspension Revocation Sales of alcoholic beverage to obviously intoxicated person $500 $750 + 3 day Suspension $1,000 + 9 day Suspension Revocation Alcohol‐related Civil Penalties Grid - For penalities other than sale to underage persons as part of a compliance check Key: Level 3 – HFLS: High Frequency, Lowe Severity Level 1 – LFLS: Low Severity, Low Frequency Level 4 – HFHS: High Frequency, High Severity Level 2 – LFHS: Low Frequency, High Severity Level 3 – HFLS $500 – $1,000 fine and/or 5-10 day suspension revocation Level 4 – HFHS or 3 or more Aggravating Factors $1,000 – $2,000 fine and/or 10-60 day suspension revocation Level 1 LFLS $0 – $500 fine Options: Training, installation of alcohol devices, video surveillance, security, etc Level 2 – LFHS $500 – $1,000 fine and/or 3-5 day suspension 1. Incident Severity and Frequency – The city department reporting the violation to the City Council will sustatiate the severity and frequency of the incident in a report based on the number of incidents occurring at the licensed location 2024 Fee Schedule Page 11 of 12 3/151//5/24 under the same licnesee for the previous five years. Incident severity and frequency will take into consideration the totality of the circumstances and the potential or actual impact on a specific neighborhood or to the overall community. 2. Aggravating Factors – Aggravating Factors in a single incident may cause a move in the grid to the next level (either up or sideways). Examples of Aggravating Factors include, but are not limited to:  Any prior violation of alcohol-related incidents in the last 5 years of the new incident (each prior shall be counted as on Aggravating Factor);  *Felony or gross misdemeanor charges were issued out of the new incident;  Any weapons, drugs or violence involved in the new incident;  The act endangered the public;  *The act involved a juvenile;  The act involved bias or discrimination; 3. Penalities may include a Fine, Suspension, or Revocation or any combination thereof. CBD Violations *Same licensed premises within 36 month period of first violation 1st Offense 2nd Offense* 3rd Offense and subsequent* Sale/purchase of CBD intoxicating products to/by underage person $500 $750 + 3 day Suspension $1,000 and Revocation Refusal to allow City Inspectors & Police to inspect premises 5 day Suspension 15 day Suspension Revocation CBD Ordiance Violations $500 Double amount of scheduled fine for the previous violation, up to a max. of $2,000 Tobacco Violations *Same licensed premises within 36‐month period of first violation 1st Offense 2nd Offense* 3rd Offense and subsequent* Refusal to allow City Inspectors & Police admission to inspect premises $300 $600 $1,000 and Revocation Sale/purchase to/by underage person $300 $600 $1,000 and Revocation Unlawful self-service sale $300 $600 $1,000 and Revocation Unlawful vending machine $300 $600 $1,000 and Revocation All other tobacco violations $300 $600 $1,000 and Revocation XIII. ZONING AND LAND USE APPLICATION FEES Per Ordinance 1198, Adopted May 7, 2023 Escrow payment. Applicants shall be required to pay a cash escrow fee as required by the Fee Schedule in this Ordinance. The escrow fee shall be used to pay any outside expenses and fees incurred by the City, including, but not limited to consultants, attorneys, planning and engineering fees or other expenses due to the application. If, at any time, the balance in the cash escrow account is depleted to less than ten percent (10%) of the originally required cash escrow amount, the applicant shall deposit additional funds in the cash escrow account as determined by the Community Development Director. All expenses and fees in excess of the escrow deposit, shall be paid by the applicant to the City within thirty (30) days of final action on the matter by the City. If not paid within thirty (30) days, the account shall be deemed delinquent. Any balance remaining in the cash escrow account upon completion of the process shall be returned to the applicant after all expenses and fees thereto have been deducted, following final action by the City in the matter. Fee Escrow Application Type Annexation Request $2,000 Beekeeping Permit $50 (initial application only) Building Demolition PermitApplication $500 Chicken Permit $50 (initial application only) Encroachment Agreement $500 Fence Permit $25 I I I I I 2024 Fee Schedule Page 12 of 12 3/151//5/24 Front Yard Parking Permit $25 Home Occupation – Type I $250 Home Occupation – Type II & III $500 Seasonal Outdoor Sales Seasonal Food Vending (food trucks) $25 Sign Permit $50 Tax Increment Financing $10,000 Zoning Verification Letter $150 Park and Trail Dedication Fees Single-family residential/commercial condominium lot Estimated $2,000/unit Duplexes Estimated $1,500/unit Townhomes Estimated $1,500/unit Multifamily Estimated $1,500/unit General Zoning Applications Administrative Lot Line AdjustmentCombination $100 ResubdivisionAdministrative (Lot Split) $750 Administrative Subdivision (lot line adjustment) $500 Appeals $250 Comprehensive Plan Amendment $2,500 Concept Plan Review $1,000 Conditional Use Permit/Interim Use Permit – Use Approval (not site plan review) $250 Conditional Use Permit/Interim Use Permit (with site plan review for commercial, industrial, multifamily, environmental overlay district, neighborhood conservation overlay district and central business district $250 $1,500 Heritage Preservation Commission Design Review – new dwellings & structures on National Registry of Historic Places $250 Heritage Preservation Commission Design Review – additions to existing structures $100 Planned Unit Developments $2,500 Subdivision/Plat (4 lots or less) $750 Subdivision/Plat (5 or more lots) Preliminary Plat $750 $5,000 Final Plat $750 $5,000 Site Plan Review (commercial, industrial, multifamily, environmental overlay districts, central business district) $500 $1,500 Variance – Residential $150 Variance – Commercial, Industrial, Multifamily $500 Variance – HPC Use Variance $500 Zoning Amendment – Map $2,500 Zoning Amendment – Text $1,000   DATE: February 16, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Fee Schedule Amendment BACKGROUND The recodification of the city code has brought upon changes that need to be reflected in the Fee Schedule. With that some minor changes on current fees were found that also need to be updated. Here is an explanation of the changes:  The Police Data Request items on the first page were updated to reflect current practices per Minn State Statute 13.03 for remote access to data.  The legislature passed the law allowing cities to license hotels and the license fee is capped at $150. Hotel licensing has been added to the new city code.  Tree Contractor License Fee has been removed since the State does the licensing.  Park and Trail Fee has been updated to reflect the new Chapter in the city code.  Police Fees have been updated to reflect the changes in the new code. Removed bicycle licensing fee even though we still offer to keep track of the property we do not charge a fee. Removed the dog licensing fee as that has been removed from the city code. Dangerous Dog fees remain on the schedule.  Administrative Citations has been updated to reflect the new reference in the city code and corrected the appeal fee. The new alcohol penalty grid has been added into the Fee Schedule as previously discussed.  Beekeeping permit fee has been removed as the new code no longer requires residents to obtain a permit to raise bees. RECOMMENDATION All of the suggestion changes are reflected on the attached Fee Schedule. The fee changes will be effective March 15, 2024 after the 2nd reading. Staff suggests Council approve the 1st reading of the Ordinance ACTION REQUESTED If Council concurs with staff recommendation, they should pass a motion approving the 1st reading of the Ordinance amending the 2024 Fee Schedule.   City of Stillwater Washington County, Minnesota ORDINANCE ____ AN ORDINANCE AMENDING THE CITY OF STILLWATER 2024 FEE SCHEDULE The City Council of the City of Stillwater does ordain: SECTION 1 The following fees are hereby revised by ordinance: a) I. ADMINISTRATION FEES. Revise Data Request items performed by the Police Department and add resonable fees per Minn Stats 130.03 for remote access to data as follows:   Police In-house Statistical Computer Run $25 Police Reports or State Accident Reports $0 Police Audio/Video (BWC) $25 per case no. Police Photographs $25 per case no.   b) II. BUSINESS LICENSING FEES. Add Hotel Licensing and $150 fee and redact Tree Contractor License Fee.   c) III. ENGINEERING FEES. Revise Park and Trail Fee reference to reflect Chapter 26, Article VI in the new city code.   d) IV. POLICE FEES. Redact bicycle licensing fee and dog licensing fees except for Potentially Dangerous and Dangerous Dog license fees.   e) V. VIOLATIONS. Revise Administrative Citations City Code references to match chapters in the new city code, add Administration Citation Appeal $200 fee, redact Liquor, CBD & Tobacco License Violation Appeal fee, and redact Alcohol Violations section and insert Alcohol-related Civil Penalties Grid as follows:   Sale of alcoholic beverages to underage person as part of compliance check $500 $750 + 3 day Suspension $1,000 + 9 day Suspension Revocation Alcohol-related Civil Penalties Grid - For penalities other than sale to underage persons as part of a compliance check  Key:   Level 3 – HFLS:  High Frequency, Low Severity             Level 1 – LFLS:  Low Severity, Low Frequency  Level 4 – HFHS:  High Frequency, High Severity  Level 2 – LFHS:  Low Frequency, High Severity  Level 3 – HFLS $500 – $1,000 fine and/or 5-10 day suspension revocation Level 4 – HFHS or 3 or more Aggravating Factors $1,000 – $2,000 fine and/or 10-60 day suspension revocation I 11---------1-----------i   Level 1 LFLS $0 – $500 fine Options: Training, installation of alcohol devices, video surveillance, security, etc Level 2 – LFHS $500 – $1,000 fine and/or 3-5 day suspension 1. Incident Severity and Frequency – The city department reporting the violation to the City Council will sustatiate the severity and frequency of the incident in a report based on the number of incidents occurring at the licensed location under the same licnesee for the previous five years. Incident severity and frequency will take into consideration the totality of the circumstances and the potential or actual impact on a specific neighborhood or to the overall community. 2. Aggravating Factors – Aggravating Factors in a single incident may cause a move in the grid to the next level (either up or sideways). Examples of Aggravating Factors include, but are not limited to:  Any prior violation of alcohol-related incidents in the last 5 years of the new incident (each prior shall be counted as on Aggravating Factor);  *Felony or gross misdemeanor charges were issued out of the new incident;  Any weapons, drugs or violence involved in the new incident;  The act endangered the public;  *The act involved a juvenile;  The act involved bias or discrimination; 3. Penalities may include a Fine, Suspension, or Revocation or any combination thereof.      f). VI. ZONING AND LAND USE APPLICATION FEES. Redact Beekeeping Permit fee.   SECTION 2 UNCODIFIED. This ordinance shall not be codified in the Stillwater City Code but fees will be included in the City’s adopted 2024 Fee Schedule. 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 amends fees. The ordinance will not be codified in the City Code but the fees will be listed in the City’s 2024 Fee Schedule. SECTION 4 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 20th day of February, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov 2024 FEE SCHEDULE Effective January 5, 2024 March 15, 2024 I. ADMINISTRATION FEES Fee Data Practices Requests and/or Copies – Fee must be paid before any data is released (MS 13.03) Electronically Stored Data/Transmitted via pdf, 100 or fewer pages of letter or legal size Actual Cost (minimum rate is $30 per hour) Paper Copies (black and white), 100 or fewer pages letter or legal size 25¢ for a one-sided copy 50¢ for a two-sided copy Paper copies (black and white) 11 x 17 $0.75/page Paper Copies (color/prints) per side 8.5 x 11 (1-5 pages) $2.00/page 8.5 x 11 (6-50 pages) $1.75/page 8.5 x 14 (1-5 pages) $2.50/page 8.5 x 14 (6-50 pages) $2.25/page 11 x 17 (1-5 pages) $3.00/page 11 x 17 (6-50 pages) $2.75/page Copies or Electronic Transmittal of more than 100 pages or Other Types of Copies Actual Cost (minimum rate is $30 per hour) Data on CD/DVD/Flash Drive (does not include costs of retreiving data) $15 Data Practices Research Deposit $300 Police In-house Statistical Computer Run $25 Police Reports or State Accident Reports $0 Police Audio/Video (BWC) Copy $125 per case no. Police Photographs $25 per case no. Prepared Maps ‐ Black/White/Blue Line As-built Drawings (11 x 17) $10 minimum or $3 per page City Map (8.5 x 11) or (11 x 17) $2 Land Use Map (11 x 17) $4 Zoning (8.5 x 11) $2 Zoning (11 x 17) $4 Prepared Maps ‐ Color City Map (8.5 x 11) or (11 x 17) $2 Land Use Map (11 x 17) $7 Parcel Map and Topographic Maps Available from Washington County Zoning Map (8.5 x 11) $5 Zoning Map (11 x 17) $7 Publications/Minutes/Agendas Budget Book $25 City Code Book Unbound $100 City Code Book Bound $125 Comprehensive Plan printed & bound $75 llwater THE BIRTHPLACE OF M I NNESOT: ~ 2024 Fee Schedule Page 2 of 12 3/151//5/24 Comprehensive Plan CD $15 Design Manual $5 Downtown Plan $10 Financial Report $50 Mailed agendas – per year $20 + Postage Mailed minutes – per year $60 + Postage Zoning Book $25 Other – (City meetings available on DVD through Valley Access Channel at 651‐430‐2921) Election Candidate Filing Fee $5 Special Service District Assessment Fee $500/commercial building II. BUILDING PERMIT FEES Fee Minimum Fee Plumbing Permit Commercial 1% of bid plus state surcharge $55 plus state surcharge Residential $10 per opening plus state surcharge $55 plus state surcharge Water Softeners $25 plus state surcharge Sewer and Water $55 plus state surcharge Mechanical Permit Commercial 1% of bid plus state surcharge $55 plus state surcharge Residential – if installing both heat and air conditioning on the same permit Heating plant $55 plus state surcharge Air conditioning $25 plus state surcharge Residential – if installing either heat and air conditioning Heating plant only $55 plus state surcharge Air conditioning only $55 plus state surcharge Heating plant includes fireplaces $55 plus state surcharge Miscellaneous work such as duct work, new gas line, etc. $55 plus state surcharge Building Permit Fees – Total Valuation $1.00 to $500.00 $30 $501.00 to $2,000.00 $30 for the first $500 plus $3 for each additional $100 or fraction thereof, to and including $2,000 $2,0001 to $25,000 $75 for the first $2,000 plus $15 for each additional $1,000, or fraction thereof, to and including $25,000 $25,001.00 to $50,000.00 $425 for the first $25,000 plus $10 for each additional $1,000, or fraction thereof, to and including $50,000 $50,001.00 to $100,000.00 $675 for the first $50,000 plus $11.50 for each additional 1,000, 2024 Fee Schedule Page 3 of 12 3/151//5/24 or fraction thereof, to and including $100,000 $100,001.00 to $500,000.00 $1,250 for the first $100,000 plus $5.50 for each $1,000, or fraction thereof, to and including $500,000 $500,001.00 to $1,000,000.00 $3,500 for the first $500,000 plus $4.50 for each Additional $1,000, or fraction thereof, to and including $1,000,000 $1,000,001.00 and up $5,750 for the first $1,000,000 plus $3.15 for each additional $1,000, or fraction thereof Other Inspections and Fees Inspections outside of normal business hours $55*/hour Reinspection fees assessed under provisions of Section 305.8 $55*/hour Inspections for which no fee is specifically indicated $55*/hour (minimum charge = one half hour) Additional plan review required by changes, additions or revisions to plans $55*/hour For use of outside consultants for plan checking and inspections, or both Actual costs** *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. **Actual costs include administrative and overhead costs. III. BUSINESS LICENSING FEES Fee Per Year Alcohol Licenses On-Sale $2,887.50 On-Sale Club $446.25 On-Sale Sunday $200 On-Sale Extend Hours for World Cup $250 Off-Sale $200 On-Sale Wine $315 On-Sale Wine w/Strong Beer $477.75 On-Sale 3.2% Malt Liquor $162.75 On-Sale 3.2% Malt Liquor Extra Hours for World Cup $250 Off-Sale 3.2% Malt Liquor $57.25 Brewer Tap Room $500 Brewer Off-Sale $200 Small Brewer Off-Sale $200 Brewers Tap Room On-sale Sunday $200 Consumption & Display $250 initial + $250 payable to AGED 2 A.M. On-Sale $200 initial + $200 payable to AGED Micro Distiller Cocktail Room $2,887.50 Micro Distiller Off-Sale $200 Temporary On-Sale or 3.2% Liquor License (*Fee includes AGED license and public safety services) Using Private Property $25 per day 2024 Fee Schedule Page 4 of 12 3/151//5/24 Using City Property with over 250 people $1,000/day* Using City Property with 75 to 250 people $250/day* Using City Property with under 75 people $25/day Initial Investigation Fee $300 Annual Investigation Fee $150 Building Contractor License $100 CBD Retail Establishment License $4,000 Initial Investigation Fee $300 Annual Investigation Fee $150 Hotel License $150 Massage Therapist License Establishment License $100 Individual Therapist License Background Check $15 Pawn Broker Fee $5,000 plus $200 monthly fee for computer access charges Peddler Background Check $15 per individual or representative Short Term Home Rental License (valid 3 years) $300 Background Check Investigation Fee At City Cost Additional Inspection (1st inspection included in license fee) $150 each Solid Waste, Recycling and/or Roll‐off Hauler License Commercial Property (including roll-off) $300 Residential Property (including roll-off) $300 Roll-off Only $50 Tobacco License Fee $250 Initial Investigation Fee $300 Annual Investigation $150 Tree Contractor License Fee $100 IV. ENGINEERING FEES Fee Escrow An Escrow shall be established to cover engineering and legal fees incurred by the City as part of the plan review. The fee shall be doubled for after‐the‐fact permit applications. AUAR Single Family $4,564.45/acre Multi-family/Commercial $9,128.89/acre Trunk Sewer and Water Phase III Annexation $22,793.12/acre Long Lake East $12,819.58/acre Long Lake West $18,891.93/acre Middle Trunk A $8,141.97/acre Boutwell East $18,157.36/acre Boutwell West $14,031.27/acre Park & Trail Fee See city code Chapter 48, Sec 48- 5126, Article VI Other Engineering Fees Sanitary Sewer Hookup $5,000/unit Water Hookup $5,000/unit Public ROW or Pubic Easement Vacation $350 Small Wireless Facility $50/device $5,000 2024 Fee Schedule Page 5 of 12 3/151//5/24 Grading Erosion Control - Residential $250 $2,500 - Non-Residential $700 $7,000 Grading Permits See Uniform Building Code Obstruction Permit $50/week Right-of-Way Permit Hole: $200 per hole Trench: $200 plus $0.50 per lineal foot of trench Boring: $200 plus $0.50 per lineal foot of trench Extension: $200 plus $0.50 per lineal foot of trench Penalty: 2 times the amount of standard permit Degradation: homeowners are exempt on repairs to existing sewer and water services in the right‐of‐way To be calculated by City (see below for estimates) Degradation Fee Estimates for Bituminous Street New Street - 0 to 5 years $4.00 per square foot Existing Street $2.00 per square foot Street to be reconstructed in next 5 years $1.00 per square foot Degradation Fee Estimates for Bituminous Pathway New Path - 0 to 5 years $1.50 x path width x length Existing Path - 5 years old to 5-year plan $1.00 x path width x length Path to be reconstructed in next 5 years $0.50 x path width x length V. FINANCE FEES Fee Assessment Searches $25 Assessment Roll Copy (each) $25 Merchant Credit Card Processing Fee At City Cost Mowing & Snow Removal Services - in addition to contractual services 1 time service call or first reoccurring service call $100 Second service call and each additional reoccurring service calls $50 NSF Checks or denial of ACH Fee Maximum allowed by law VI. FIRE FEES Fee Annual license for retail sales of consumer fireworks $100 Fireworks Display Permit (Pyrotechnics) $100 Automatic fire extinguishing systems 1.2% of value, $100 minimum Fire alarm systems 1.2% of value, $100 minimum Open burning permit $20 Residential daycare and foster care inspection $50 Tank removal permit $75 Yearly nuisance/false alarm fees* – Residential *False alarm fees based on calendar year and per call basis $0 1-2 $75 3-4 $150 5-6 $300 7-8 $400 9 + 2024 Fee Schedule Page 6 of 12 3/151//5/24 Yearly nuisance/false alarm fees* – Commercial *False alarm fees based on calendar year and per call basis $0 1-2 $90 3-4 $180 5-6 $360 7-8 $425 9 + Lift Assists (non-injury) Independent Living Facilities/Residential $0 1-2 / year $100 3-4 / year $200 5-6 / year $400 7 + / year Lift Assists (non-injury) Assisted Living Facilities, Nursing Care Facilities $400/call Fire Personnel Fees (Services that do not fall under Events) Fire Department Personnel Overtime Rate – 3 hr. Minimum VII. PARK RESERVATION FEES Fee Park Facilities (picnic shelters, gazebos, pergolas) $100 refundable damage deposit and $100/day reservation fee Ball fields (for tournaments) $150 refundable damage deposit and $300 reservation fee Preparation of Ball fields Lower Lily Lake field $20/game Upper Lily Lake field or Public Works Field $15/game Baseball & Softball $15/game except Lower Lily Lake field Lacrosse or Soccer $20/application Football $25/application Park Open Space $100 refundable damage deposit and $50/day reservation fee Pioneer Park Bandshell & Lowell Park Amphitheater All groups, including not‐for‐profit and educational institutions must pay to use the bandshell and amphitheater $100 refundable damage deposit and $125/day reservation fee Teddy Bear Park Building Rates – A $100 refundable damage deposit per floor plus the following: Mon-Thurs Fri-Sun First 3 hrs. (1st floor) $80 First 3 hrs. (1st floor) $160 Add’l hour (1st floor) $25 Add’l hour (1st floor) $45 First 3 hrs. (2nd floor) $60 First 3 hrs. (2nd floor) $125 Add’l hour (2nd floor) $15 Add’l hour (2nd floor) $35 Events & Special Events Event Application Fee $25 Special Event Application Fee $50 Special Event with Contract Application Fee $100 Application Late Fee $75 for events/$500 for special events Event Fees (Defined): *Per Day includes each day of event. Separate load‐in day fee of $500/day will apply. Event Special Event Special Event With Contract No event base fee required but $100 refundable damage deposit if using park + park reservation fees apply $500/day* base fee plus $1,000 security deposit $500/day* base fee plus $1,000 security deposit – subject to negotiated contract provisions 2024 Fee Schedule Page 7 of 12 3/151//5/24 Food Service Vendors at Events 1-10 Vendors $50/day of service at event 11+ Vendors $200/day of service at event Materials for Events Porta Potty – ADA Compliant Actual Cost from City Vendor Porta Potty – Standard Actual Cost from City Vendor Additional Service Actual Cost from City Vendor Traffic Control for Events requiring intersection(s) controlled Organizer required to provide proper traffic control equipment Route Events under 4 hours $300/day Parades or Route Events over 4 hours $1,000/day Road Closure for Events without Routes $0 VIII. PARKING FEES Fee Parking Lot Rental for Events – Organizer required to provide proper traffic control equipment Lots 1, 7, 8, 8A, or 12-17 (Lot 17 is available at no charge for Veteran Memorial Events & Farmers Market) Not available Lots 2 (north half), 2 (south half), 3, 4, 5, 8B, 9,10, 11 $200/day Downtown Parking Rental Rates – All stalls $9/day/space Permit Parking Downtown Residential Permit parking per vehicle $20/month Downtown Business Permit per vehicle $20/month Parking Ramp – Rivertown Commons (limit 8) $25/month Parking Ramp – General Residential Permit (limit 17) $35/month Hourly Parking Hourly Parking (10:00 a.m. to 10:00 p.m. daily, except during events) All Surface Lots (1-12) and On-street Parking east of Main Street (Nelson Street, Water Street, Myrtle Street, Mulberry Street) $1/hour Event Parking All Surface Lots (1-12) and On-street Parking east of Main Street (Nelson Street, Water Street, Myrtle Street, Mulberry Street) $10/day Merchant Processing Fees At City Cost IX. POLICE FEES Fee Bicycle License $1 Annual Dog Pass – Resident $0 Annual Dog Pass – Non-Resident $10 Dog License – 3-year license $35 3-year license microchipped only $25 3-year license sterilized only $15 3-year license microchipped and sterilized $5 Dog License - Lifetime license $105 Lifetime license microchipped only $75 Lifetime license sterilized only $45 Lifetime license microchipped and sterilized $15 Lifetime licensee holders must provide a copy of rabies vaccination every 3 years to the City of Stillwater Dog License - Potentially Dangerous $200 Dangerous $400 Dog License or Pass Replacement Tag $5 2024 Fee Schedule Page 8 of 12 3/151//5/24 Dog Impound $50 Kennel $250 Special Vehicle License $100 Police Personnel Fees (Services that do not fall under Events) Police Dept. Personnel/Officers Overtime Rate – 3 hr. Minimum Police Reserves $25 per hour – 3 hr. Minimum X. ST. CROIX VALLEY RECREATION CENTER RATES Hourly Rates Prime Time Non‐Prime Time Summer Ice Rec Center Ice $245/hour $190/hour $190/hour Lily Lake Ice $240/hour $190/hour $190/hour Full Field Hours $345/hour $280/hour $190/hour Half Field House $245/hour $215/hour $190/hour Other Rates Open Skating $7/child $8/adult Open Field $7/child $8/adult XI. UTILITY FEES Fee Sanitary Sewer Rates - Per Quarter First Minimum Charge $78.11 Overage Charge $10.71 Penalty/Late Fee 10% Street Lighting Rates - Per Quarter Residential $12.36 3% increase in 2025 Per Quarter Non-Residential Based on acreage Storm Sewer Rates - Per Quarter $15.75 $16.22 for 2025 Water Rates: Commercial Winter $2.77/1000 gal Commercial Summer $3.02/1000 gal Residential 1000-8000 gallons $1.70/1000 gal Residential 9000-18,000 gallons $2.23/1000 gal Residential 19,000-28,000 gallons $2.76/1000 gal Residential 29,000+ gallons $4.35/1000 gal Curb turn on/shutoff (during business hours) No Charge Curb turn on/shutoff (after business hours) $100 Hydrant Connection or meter $35 Water Availability Charge $1000 per Sac Unit Water Meter – ¾” $300 Water Meter – 1” $400 Water Meter – >1” At Cost Parts (curb stop, valves, fitttings) – Residential and Commercial properties only At Cost Bulk water $2 per 1,000 gallons Hydrant meter deposit $2,500 XII. VIOLATIONS Fine City Code Administrative Citations (Chapter 2, Article VI) Animal – Wild or Dangerous Dog $500 Ch. 278 Animal violations, general, including bees, chickens (except dangerous animals) $55 Ch. 278, Ch. 3128 I I 1_ --I 2024 Fee Schedule Page 9 of 12 3/151//5/24 Building Demolition violations of historic structures $500 Ch. 31-21528 Curfew $50 Sec. 52-11Ch. 12 Disposal of waste into sewer system $100 Ch. 2910, Ch. 22 Failure to obtain a license, registration or permit $250 Ch. 41, Ch. 43 Fire Code violations $100 Ch. 234 Garbage & Rubbish $25 Ch. 3022 Noise violations $150 Ch. 5210 Parking violation $25 Ch. 5118 Parking violation snow emergencies $50 Ch. 5118 Parking violation late fee $25 Ch. 2 Public nuisance, general $200 Ch. 3810 Public nuisances affecting health, peace and safety $500 Ch. 3810 Public health, safety, welfare violations (except as otherwise stated) $100 Ch. 5210 Public parks violations $50 Ch. 4814 Public waters violations $200 Ch. 3522 Recreational vehicles violation $50 Sec. 51-7 Ch. 18 ROW permit violations $100 Ch. 2410 Self-propelled devices violations $50 Sec. 51-8 Short Term Home Rental 1st verified complaint $250 Sec. 41-8Ch. 28 Short Term Home Rental 2nd Vverified complaint $1,000 Sec. 41-8Ch. 28 Short Term Home Rental 3rd verified complaint $2,000 Sec. 41-8Ch. 28 Snowmobiles $70 Sec. 51-6Ch. 18 Special & Conditional Use Permit violations $250 Ch. 3128 State Building Code violations, general $200 Ch. 3324 State Building Code violations, hazardous $500 Ch. 3324 Stormwater violations $200 Ch. 3522 Subdivision Ordinance violations $250 Ch. 3226 Watering restriction violations $25 Ch. 2810 Zoning Ordinance violations, unless otherwise stated $100 Ch. 3128 Except as otherwise stated above, all other violations of City Code $100 Repeat Violations within 12 months (except parking violations) Double the amount of scheduled fine for the previous violation, up to a maximum of $2,000 Administration Citation Appeal $200 Liquor, CBD & Tobacco License Violation Appeal $100 + Hearing Officer Fee ($90 hr) Alcohol Violations *Look back period for multiple offenses is no more than 5 years 1st Offense 2nd Offense 3rd Offense* 4th Offense After hours display or consumption of alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation After hours sales of alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation 2024 Fee Schedule Page 10 of 12 3/151//5/24 Commission of a felony related to the licensed activity Revocation N/A N/A N/A Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation Refusal to allow City Inspectors or Police admission to inspect premises 5 day Suspension 15 day Suspension Revocation N/A Sale of alcoholic beverages while license is under suspension Revocation N/A N/A N/A Sale/purchase of alcoholic beverages to/by underage person as part of compliance check $500 $750 + 3 day Suspension $1,000 + 9 day Suspension Revocation Sales of alcoholic beverage to obviously intoxicated person $500 $750 + 3 day Suspension $1,000 + 9 day Suspension Revocation Alcohol‐related Civil Penalties Grid - For penalities other than sale to underage persons as part of a compliance check Key: Level 3 – HFLS: High Frequency, Lowe Severity Level 1 – LFLS: Low Severity, Low Frequency Level 4 – HFHS: High Frequency, High Severity Level 2 – LFHS: Low Frequency, High Severity Level 3 – HFLS $500 – $1,000 fine and/or 5-10 day suspension revocation Level 4 – HFHS or 3 or more Aggravating Factors $1,000 – $2,000 fine and/or 10-60 day suspension revocation Level 1 LFLS $0 – $500 fine Options: Training, installation of alcohol devices, video surveillance, security, etc Level 2 – LFHS $500 – $1,000 fine and/or 3-5 day suspension 1. Incident Severity and Frequency – The city department reporting the violation to the City Council will sustatiate the severity and frequency of the incident in a report based on the number of incidents occurring at the licensed location under the same licnesee for the previous five years. Incident severity and frequency will take into consideration the totality of the circumstances and the potential or actual impact on a specific neighborhood or to the overall community. 2. Aggravating Factors – Aggravating Factors in a single incident may cause a move in the grid to the next level (either up or sideways). Examples of Aggravating Factors include, but are not limited to:  Any prior violation of alcohol-related incidents in the last 5 years of the new incident (each prior shall be counted as on Aggravating Factor);  *Felony or gross misdemeanor charges were issued out of the new incident;  Any weapons, drugs or violence involved in the new incident;  The act endangered the public;  *The act involved a juvenile;  The act involved bias or discrimination; 3. Penalities may include a Fine, Suspension, or Revocation or any combination thereof. CBD Violations *Same licensed premises within 36 month period of first violation 1st Offense 2nd Offense* 3rd Offense and subsequent* Sale/purchase of CBD intoxicating products to/by underage person $500 $750 + 3 day Suspension $1,000 and Revocation Refusal to allow City Inspectors & Police to inspect premises 5 day Suspension 15 day Suspension Revocation 2024 Fee Schedule Page 11 of 12 3/151//5/24 CBD Ordiance Violations $500 Double amount of scheduled fine for the previous violation, up to a max. of $2,000 Tobacco Violations *Same licensed premises within 36‐month period of first violation 1st Offense 2nd Offense* 3rd Offense and subsequent* Refusal to allow City Inspectors & Police admission to inspect premises $300 $600 $1,000 and Revocation Sale/purchase to/by underage person $300 $600 $1,000 and Revocation Unlawful self-service sale $300 $600 $1,000 and Revocation Unlawful vending machine $300 $600 $1,000 and Revocation All other tobacco violations $300 $600 $1,000 and Revocation XIII. ZONING AND LAND USE APPLICATION FEES Per Ordinance 1198, Adopted May 7, 2023 Escrow payment. Applicants shall be required to pay a cash escrow fee as required by the Fee Schedule in this Ordinance. The escrow fee shall be used to pay any outside expenses and fees incurred by the City, including, but not limited to consultants, attorneys, planning and engineering fees or other expenses due to the application. If, at any time, the balance in the cash escrow account is depleted to less than ten percent (10%) of the originally required cash escrow amount, the applicant shall deposit additional funds in the cash escrow account as determined by the Community Development Director. All expenses and fees in excess of the escrow deposit, shall be paid by the applicant to the City within thirty (30) days of final action on the matter by the City. If not paid within thirty (30) days, the account shall be deemed delinquent. Any balance remaining in the cash escrow account upon completion of the process shall be returned to the applicant after all expenses and fees thereto have been deducted, following final action by the City in the matter. Fee Escrow Application Type Lot Line Adjustment $100 Subdivision/Plat (4 lots or less) $750 Subdivision/Plat (5 or more lots) $750 $5,000 Resubdivision (Lot Split) $750 Administrative Subdivision (lot line adjustment) $500 Concept Plan Review $1,000 Park and Trail Dedication Fees Single-family residential/commercial condominium lot Estimated $2,000/unit Duplexes Estimated $1,500/unit Townhomes Estimated $1,500/unit Multifamily Estimated $1,500/unit General Zoning Applications Appeals $250 Annexation Request $2,000 Comprehensive Plan Amendment $2,500 Tax Increment Financing $10,000 Zoning Amendment – Map $2,500 Zoning Amendment – Text $1,000 Conditional Use Permit/Interim Use Permit – Use Approval (not site plan review) $250 Conditional Use Permit/Interim Use Permit (with site plan review for commercial, industrial, multifamily, $250 $1,500 2024 Fee Schedule Page 12 of 12 3/151//5/24 environmental overlay district, neighborhood conservation overlay district and central business district Variance – Residential $150 Variance – Commercial, Industrial, Multifamily $500 Home Occupation – Type I $250 Home Occupation – Type II & III $500 Seasonal Outdoor Sales Heritage Preservation Commission Design Review – new dwellings & structures on National Registry of Historic Places $250 Heritage Preservation Commission Design Review – additions to existing structures $100 Building Demolition Permit $500 Site Plan Review (commercial, industrial, multifamily, environmental overlay districts, central business district) $500 $1,500 Beekeeping Permit $50 (initial application only) Chicken Permit $50 (initial application only) Fence Permit $25 Sign Permit $50 Zoning Verification Letter $150 Encroachment Agreement $500 Washington r~County BOARD AGENDA February 20 , 2024 -9:00 AM Board of Commissioners Fran Miron, District 1 Stan Karwosk i, District 2, Chair Gary Kriese l, District 3 Karla B igham, District 4 Miche lle Cla sen, District 5 I. 9:00 2 . 9:00 3. 9:10 Roll Call Pledge of Allegiance 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 addres s the B oard must fill out a comment card before the meeting begins and gtve ii 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 individuai Board member s wiii not be allowed. You are encouraged to limit your presentation to no more than five minutes. The B oard Chair reserves the right to limit an individual's presentation if ii exceeds the allowable time limit, b ecomes redundant, rep etitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. Consent C alendar -Roll Ca ll V ote Consent Calendar items are generally d efined as itmns of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar irmn(s)for discussion and/or separate action. A Ap proval of the February 6, 2024, County B oa rd meeting minutes . B. Ap proval to appoint Savannah Mans -Vail , H ugo, to a partial term on the Community D evelopment B lock Grant (CDBG) Citizen Adv isory Committee expiring June 30, 2024 . C . Ap proval of a letter to the City of Woodbury regarding property tax ab atement. D . Ap prove Contract No. 16150 w ith Satellite Tracking of People, LLC for Electronic Moni toring services from fin al signature through D ecem ber 31 , 2025. E . Ap proval for W ashington County Community Services to apply for a Minnesota H ousing Finance Agency grant to prov ide F amily H omeless Prev ention and Assistance Program (FHP A P) services. F . Ap prov e Memorandum of Und erstanding (M OU ) a nd Infrastructure Funding Agreement (IFA) No. 16243 between Washington County Community Services, Great R iver Education Consortium, Century College, Minnesota D epartment of Employment & Economic Op portunity, Somali Community R esettlement Services and the Wa shington County Workforce D evelopment B oard for the operation of the One-S top Service D elivery System in Wash ington County . Washington County i s designated loca l are a 16, there a re 16 local a reas in the state. G. Ap proval of an ap plic ation for renewal of an On-Sale and Sunday L iquor License for VR US H oldings DBA Afton A lps, located in D enmark Tow nship . H . Ap proval of an ap plic ation for renewal of an On-Sa le and Sunday L iquor License for the D isabled Veteran's Rest Camp A ssociation, located in May Tow nship . Assistive listening de vices are available for use in t h e County Board Room If you n eed assistance due ta disability o r language barrier, please call /651} 430-6000 Washington County is an equal opportunity organizat ion and employer Washington r ~County Consent Calendar Continued 4. 9:10 5. 9:2 5 6. 9:40 7. 10:00 8. 10:20 I. Adopt a resolution au thorizing the Washington County Sheriff's Office to enter into a j oint power s agreement with the State of Minnesota, acting t hrou gh its Commissioner of Publ ic Safety on behalfofthe Bureau of Criminal Apprehension (B CA). Was hin gton County Community D evelopm ent Agen cy -K arly Schoeman, D eputy E xecutive D irector A. U p date on American R escue P lan Act (ARP A) affordable housing development. Accounti n g a nd Fin an ce -Jill Zenzola, Accounting Supervisor A Adopt a resolution to amend the American Rescue P lan Act P roject P lan. Public Wo rks -Andrew G iesen, E ngineer III (item A) -Ryan Hoefs, Engineer II (item B) A. A p prove agreement with Union P acific Railroad for the reconstrnction of the rai lroad crossing in relation to the County St ate Hig hway (CSAH) 14 (47th Street) and CSAH 24 (O sgood Avenue) Improvement P roject. B . A p prove consultant Contract No. 162 19 with WSB, Inc. in the amount o f $289,943 for p reliminary and fina l design of T runk Highway 61 and County State A id H ighway 8 improvements. Executive (C los ed) Session -Atto rn ey's O ffi ce A E xecutive (closed) attorney/client session pursuant to MN Stat 13D .05, subd. 3(b) fo r the pu rpose of discussing active Opioid litigation legal strategy -In re E n do International, Case No. 22-22549 (S.D.N .Y.). Gen eral A dminis tratio n -K evin Corbid, County Administrator (item A) -Jan Lucke, Deputy Cou nty Administrator (item B) -Serena R aths, P lanner I (item C) A Consideration of B ankruptcy Proceeding Restructuring P l an -I n re E ndo I nternational, Case No. 22 -22549 (S.D.N.Y). B . L egislative Update C . A p proval of Contract No. 16166 with Stantec Consulting Servi ces Inc. for an amount not to exceed S5 19,000 for the restoration and enhancement of three L and and Water L egacy Program conservation easements in Woodbury using L essard Sam s Outdoor H eritage Conservation Fund grant funds. Assisti ve listening devices are available for use in t h e Cou n ty Board Room If yo u n eed assistan ce d ue to disability o r languag e barrier, please call /651} 430-6000 Washington County is an equal opportunity or ganization and employer Washington r ~County 9 . 11:00 10 . 1 1: 15 11. 1 1: 15 12. 11 :20 13 . 12:00 14 . 12: 15 15. 1:00 Commissioner Reports -Comments -Questions This period of time shali be used by the Commissioners to repon w thefuli Board on comminee activities, make commems on maners of interest and information, or raise questions to the staff. This action is nor intended to result in substantive board action during this time. Any ac1ion necessary because of di scussion wili be scheduled for a future board meeting. Board Correspondence Adjourn Board Workshop with Community Services A. Up date on the Family Resource Center Project. Break Board Workshop with Public Works A. Review Existing Transit Service Op tions in the County as p art of the T ransi t Workshop Series. Pers onnel Committee Assistive listening devices are available for use in the County Board Room If you n eed assistance due to disability o r language barrier, please call /651} 430-6000 Washington County is an equal opportunity organization and employer