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2015-09-15 CC Packet
i 1 1 a t e r 1NE OIRTNFLACE OF MIMNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North September 15, 2015 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of minutes of September 1, 2015 regular and recessed meeting minutes V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Possible approval of first reading of Ordinance 1083, an ordinance amending the Charter Amendment - Wally Milbrandt, Chair of the Charter Commission (1st reading - Roll Call) VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 11. Resolution 2015-153, directing payment of bills 12. Resolution 2015-154, resolution authorizing the City of Stillwater to apply for the Minnesota Amateur Sport Commission (MASC) Mighty Ducks Grant Program 13. Resolution 2015-155, approving 2015 Harvest Fest Special Event and Contract 14. Possible approval of temporary liquor license for Harvest Fest 15. Resolution 2015-156, resolution approving the addition of patio to liquor license premises Lolo American Kitchen 16. Resolution 2015-157, approving the transfer of an Off -sale Liquor and Tobacco License from Hansen's Liquor to City Sliquors, Inc. 17. Resolution 2015-158, approving the 2015-2016 Labor Agreement between the City of Stillwater and Stillwater Firefighters Association 18. Possible approval of concrete sidewalk repairs 19. Resolution 2015-159, resolution approving the State of Minnesota Department of Transportation and City of Stillwater Snow and Ice Control Maintenance Agreement 20. Resolution 2015-160, approval of monitoring agreement with ESCI System Integrators 21. Resolution 2015-161, approving the 2015-2016 Labor Agreement between the City of Stillwater and Minnesota Teamsters Public & Law Enforcement Local 320, Stillwater Public Managers Association 22. Resolution 2015-162, resolution approving Attachment 6 - Consent Of Mortgage Mavack LLC (Vista Tech) IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 23. Case No. 2015-14. This is the date and time for a public hearing to consider adopting a new Master Trails Plan and amending the Park and Transportation Chapters of the Stillwater Comprehensive Plan to incorporate the Master Trail Plan. Notice was published in the Stillwater Gazette on September 4, 2015. X. UNFINISHED BUSINESS 24. Possible adoption of Findings of Fact for denial of Preliminary Plat for Hazel Place Villas (Resolution - Roll Call) 25. Possible adoption of Findings of Fact for: a) approval of Special Use Permit for MN Shooting Gallery, and b) denial of variance for size of shooting lanes. (Resolution - Roll Call) 26. Final review of landscaping plan for Lowell Park XI. NEW BUSINESS 27. Possible approval of Final Plat and Development Agreement for Brown's Creek Cove (Resolution - Roll Call) 28. Possible approval of Palmer Property purchase (Resolution - Roll Call) 29. Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing for 2015 Street Improvement Project (2 resolutions - Roll Call) 30. Possible approval of variance to construction hours request 31. Possible adoption of resolutions (3 separate resolutions - Roll Call) a. Adopting the proposed tax levy for the payable year 2016 b. Adopting the proposed budget for the year 2016 c. Setting payable 2016 Truth -in -Taxation meeting date 32. Possible approval of resolution in support of application for a temporary classification of body worn camera data (Resolution - Roll Call) XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 33. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT RESOLUTION 2015-153 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $683,623.90 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 15th day of September, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2015-153 Page 1 LIST OF BILLS 1ST Line/Leewes Ventures LLC Ace Hardware Amdahl Locksmith Inc Chris Armor Security Inc. Aspen Mills Bernicks Board of Water Commissioner Bryan Rock Products Inc. Carquest Auto Parts CDW Government Inc. Century Link Century Power Equipment Clark Dan Coca-Cola Refreshments Comcast CoStar Realty Information Inc Cub Foods Dalco Defensive Edge Training Downtown Idea Exchange ECM Publishers Fastenal Company FleetPride G & K Services Gopher State One Call Inc. Greater Stillwater Chamber Guardian Supply Haussner Plumbing LLC Holiday Companies Holiday Credit Office Hotsy Equipment of Minnesota Jefferson Fire and Safety Inc. Jimmys Johnnys Inc. JRK Seed & Turf Supply Kirvida Fire Inc. League of MN Cities League of MN Cities Ins Tr Loffler Companies Mansfield Oil Company Marshall Electric Company Menards Metropolitan Council Minnesota Mayors Association MN Chiefs of Police Assoc. MN Dept of Labor and Industry Snacks and supplies for concessions Supplies Repair entry lock Quarterly Monitoring Service Uniforms Beverages for concessions WAC Charges Rip rap Auto parts and supplies Computer equipment & supplies Telephone Equipment repair supplies Cleaning service Beverages for concessions Internet & Voice Property professional Employee open house Window washing equipment Course registration - Kyle Sykes Subscription Publications Supplies Equipment repair supplies Mats & Uniforms Tickets Membership Boots Lift station repairs Vehicle washes Fuel Equipment repair supplies Valves Portable restroom rental Athletic mix Vehicle repair Membership dues Workers Comp & Municipality Insurance Network support Fuel Rutherford lift station repairs Supplies Wastewater Charges & Monthly SAC Membership for Ted Kozlowski 100 Permits to Acquire Boiler license 752.20 314.33 271.40 84.00 401.44 71.50 1,287.00 146.12 253.39 7,329.54 145.90 89.85 1,265.00 502.56 229.70 330.23 27.70 2,262.59 690.00 236.50 195.65 23.58 91.72 976.13 1,054.10 810.00 109.99 340.00 290.00 24.85 131.96 409.13 935.00 3,963.50 1,320.32 15,635.00 114,350.25 1,046.25 2,786.57 474.00 826.50 248,243.15 30.00 59.90 40.00 EXHIBIT "A" TO RESOLUTION #2015-153 Page 2 MN Dept of Transportation MN State Fire Chiefs Assn NAPA Auto Parts Office Depot Pepsi Beverages Company Performance Plus LLC Professional Beverage Systems Inc Riedel) Shoes Inc. River Valley Printing Inc. Roettger Welding Inc. Safe Assure Consultants Spartan Promotional Group St. Croix Boat and Packet Co. St. Croix Recreation Fun Playgrounds St. Croix Valley Foundation Stillwater Motor Company SW/WC Service Cooperatives T.A. Schifsky and Sons Tire Pros Auto Service Toll Gas and Welding Supply Trans Union LLC Tri-State Pump and Controls Inc. Truck Utilities Inc. Verizon Wireless Volunteer Firefighters Benefit Washington County Dept of Public Waste Management WS & D Permit Service Inc Xcel Energy Zah1 Petroleum Maintenance Co. Zayo Enterprise Networks LIBRARY Ace Hardware AWI Diversified LLC Baker and Taylor Brodart Co Capital Label Inc. Culligan of Stillwater G & K Services MEI Total Elevator Solutions Midwest Tape MN Dept of Labor and Industry Xcel Energy Supplies Annual conference Auto parts and supplies Toner and office supplies Beverages for concession Mask fit Beverage ice machine States 500 Business cards Park facility supplies Safety training Tshirts with logo Dock Space Lease & Ramp cleaning Legends Park Pollinator Friendly - Garden plants 2015 Vehicle service Retiree Health Insurance & Cobra Asphalt Tire repair Cylinders Information Charges Lift station repairs Equipment repair supplies Police Mobile Broadband Fireman's life insurance Hazardous waste generator license Garbage Certification Refund of permits Lowell Park overhead to undrgrd conversion Spill kits Phone Janitorial Supplies Memorial Bench (Margaret Rivers) Materials Materials Processing Supplies Water Towles & Rugs Elevator Repair Materials Boiler License Energy 65.04 290.00 289.76 364.23 934.70 50.00 2,929.92 497.88 44.00 61.00 3,900.00 826.00 3,476.70 22,701.22 200.00 23.59 57,452.63 2,063.68 26.95 169.55 35.00 1,680.00 250.00 477.39 22.00 130.00 35,090.17 290.75 30,000.00 357.84 499.57 87.03 1,500.00 277.48 1,281.94 544.80 14.55 82.54 96.04 767.34 10.00 4,630.30 EXHIBIT "A" TO RESOLUTION #2015-153 Page 3 ADDENDUM Bjugstad Scott Refund for rec center ice rental over pmt 839.86 Bolton and Menk Inc. Professional services 855.00 Central Wood Products Playground supplies 1,145.00 Century Link Phone 81.56 City of St. Paul Asphalt 1,952.70 Clifton LarsonAllen LLP Audit 13,750.00 Clog Un-Boggler Inc. Unclog toilet 100.00 Comcast Internet 113.63 Enterprise FM Trust Lease vehicle 2,257.23 Fastenal Company Supplies 6.48 G & K Services Mats 176.75 Granicus Inc Qtrly web streaming service 1,086.00 Innovative Office Solutions LLC Office supplies 74.82 John Deere Landscapes Supplies 161.53 Johnny's TV Inc. HD Cameras 8,987.98 M.J. Raleigh Truck Co. Black dirt 90.00 Magnuson David Professional services 9,433.33 Mansfield Oil Company Fuel 6,128.81 Marshall Electric Company Nelson St. Generator & Boutwell post lights 10,394.00 Menards Supplies 267.01 MN Dept of Agriculture Agricultural inv/clean up cost recovery 1,959.27 Northstar Mudjacking & More Raise and level sidewalks 8,000.00 Office Depot Office supplies 50.64 Safe Fast Inc Marking paint & tower harnesses 423.26 Stillwater Motor Company Vehicle service 86.60 T.A. Schifsky and Sons Asphalt 2,935.38 Thomson Reuters Information Charges 125.00 Toll Gas and Welding Supply Cylinders 42.04 WSB & Associates Inc. Professional services 1,309.00 Xcel Energy Energy 25,440.93 TOTAL 683,623.90 Adopted by the City Council this 15th Day of Sept, 2015 illwat!r Administration TO: Mayor & City Council FROM: Diane Ward, City Clerk DATE: 9/14/2015 RE: 2015 Harvest Fest Summer Tuesdays Inc. has made application for a Special Event Permit to host the Harvest Fest on October 10 & 11. Typically staff estimates costs based on the Special Event application the Organization provides to the City. Some of the services costs for this event will be removed/reduced however costs seem to change up to the date of the event which makes it difficult to estimate costs. As with all events, City Services will be invoiced after the event based on ACTUAL services used. Usually the Organizer is to pay the estimate of costs 3 weeks prior to the event. In this case the Harvest Fest is this weekend and payment should be made no later than September 30, 2015. The venue that will be used is North Lowell Park. Set up begins at Noon to 6 pm on Friday, October 9th. The Harvest Festival would be open to the public on Saturday & Sunday from 10 am to 6 p.m. Tear down would occur from 6 p.m. to 9 p.m. Sunday evening. All parking spots in Lots 4 and 5, will be reserved all day Friday through Sunday. The lots will be posted by the Police Department for the event on Thursday evening. The organization has requested, one -day Temporary Liquor License, for the beer/wine tastings on Saturday from 1-5 p.m. The City's Special Event Policy requires a police officer when there are over 75 people and alcohol is served or consumed (this includes weddings in our parks, etc.). As discussed with Captain Meredith, 2 police officers will be required for the area (large tent) when alcohol is served for the beer/wine tasting. Also two reserve officers will be present on Sunday from 1-6 p.m. The fees below are based on what is known at this time, and will be adjusted based on actual costs. Consumption Permit (as required in contract) ($35.00/day)$35.00 Temporary Liquor License ($25/day) $25.00 Type III Barricade (2 @ $5/day) $20.00 Fee for Parking Lot #4, 5 Park Usage Fee = Park Deposit = Park Deposit (on file) = Amphitheater -2 days Portable Restrooms = (4 X $60.00) Lowell Park Elec. Use (6 boxes @ $20.00/day) Water Shutoff Key Deposit Water Shutoff Key Deposit (on file) Officers for Alcohol Service (Saturday - 1-5 p.m.) Reserve Officers (Sunday - 1-6 p.m.) Cleanup of the Pumpkin Drop by City Crews ESTIMATED TOTAL = $162.00 $500.00 $750.00 ($750.00) $250.00 $240.00 $240.00 $50.00 ($50.00) _ $613.12 $150.00 To Be Determined $2,235.12 The above items, as well as providing Liquor Liability Insurance, will need to be paid by September 30, 2015. ACTION REQUIRED: Review and if Council wishes to approve the event and contract they should pass a motion adopting a resolution entitled "APPROVING THE 2015 HARVEST FESTIVAL SPECIAL EVENT AND CONTRACT RESOLUTION 2015-155 APPROVING THE 2015 HARVEST FESTIVAL SPECIAL EVENT AND CONTRACT BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the 2015 Harvest Festival Special Event and Contract are hereby approved and authorize the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 15th day of September 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk 2015 HARVEST FEST AND GIANT PUMPKIN WEIGH -OFF AGREEMENT THIS AGREEMENT, between the CITY OF STILLWATER, Washington County, Minnesota ("City), and SUMMER TUESDAYS, INC., a Minnesota non-profit corporation and the STILLWATER CONVENTION VISITORS BUREAU a 501 c Non -Profit, ("Organizer") 1. Harvest Fest & Giant Pumpkin Weigh -Off. The City has encouraged Harvest Fest & Giant Pumpkin Weigh -Off ("Event") in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Dates and Hours of Event. Operations are limited as follows: Setup: Friday, October 9 — Noon — 6:00 p.m. Event: Saturday, October 10 — 10:00 a.m. — 6:00 p.m. Sunday, October 11 — 10:00 a.m. — 6:00 p.m. Cleanup: Sunday, October 11 — 6:00 p.m. — 9:00 p.m. 3. Event/Alcohol. The Organization has been granted authority to dispense intoxicating Liquor at the Stillwater Harvest Fest. It is the purpose of this Agreement to set forth the terms and conditions that will control the dispensing of Liquor at the Event. Event is holding a beer/wine tasting only on Saturday, October 10, from 1-5 p.m. There will be no actual sale of alcohol during the event. a. The Area. The area where dispensing of Liquor will be permitted in a contained area as advised by the Police Department. b. Fencing. The Area must be securely fenced by the Organization. The fencing must be adequate to insure that alcohol sales and consumption remain inside the fence. A breach of the fence is grounds for the Police Chief to terminate all alcohol sales in the area. The adequacy of exiting in the fence must comply with the Minnesota Code as administered by the City Fire Chief c. Security. For the purpose of this plan, all Entry/Exit gates to the Area must be controlled by security/police personnel while alcohol is being served. At each of these entry/exit points, a paid professional security guard/police personnel must be in place to insure that no beer or liquor enters or leaves the Area. d. Types. No Liquor is allowed in the Area except that Liquor which is sold by the Organization. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. e. Signs. Signage will be prominently displayed at each entry/exit point the number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the Area, as well as prohibition against participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. f. Identification. The Organization will provide at no charge liquor identification bracelets. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. Page 1 of 5 g. Compliance. The Organization shall obtain a temporary liquor license for beer/wine tasting on Saturday, October 10 and also obtain an alcohol consumption permit for the same days with respective fees paid to the City. Prior to opening date of the Stillwater Harvest Fest, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under -age consumer, sales after hours, over -serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Event. h. Inspection. The Organization acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43-8, which authorizes that all premises from which intoxicating Liquor is offered at on -sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. i. Liquor Liability Insurance. The Organization agrees to provide the City an insurance certificate for Liquor Liability during the event by September 30, 2015. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 6. Security. Lessee shall confer with the Chief of Police as to the advisability of closing the Levee Road (Lowell Park) and shall hire any security personnel/police personnel the Stillwater Police Chief requires. Should the City have to hire outside agencies, the City will invoice the Organizer for any additional costs. 7. Use of Parking Lots. THE ORGANIZER IS AWARE AND WILL INFORM ALL VENDORS AND EVENT PARTICIPANTS THAT STAKING INTO THE ASPHALT, ETC. IS NOT ALLOWED (ANY DAMAGE REPAIR WILL BE PAID FOR BY THE ORGANIZER). The Event is given use of all spaces in Lot 4 and 5 to be used Friday through Sunday. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. 8. Park Property. a. The Organizer agrees to submit a user's park fee of $500.00 payable to City by September 30, 2015. b. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 9. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system cannot be damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a Page 2 of 5 deposit must be made to the City in the amount of $750.00 and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the Event. 10. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services and materials, needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e. neighborhood meeting expenses and/or city equipment) shall be received by the City no later than September 30, 2015. Failure to make the payment will result in the cancellation of the Event. In the event of a cancellation of this Event after the deposit or fees are made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 11. City Services. The type and amount of materials needed for the Event will be deteiiiiined by the Public Works Superintendent. The Organizer shall be required to provide portable toilets to augment the existing facilities, barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. Portable Toilets. The Organization must furnish at least 4 portable restrooms, with hand sanitizing to facilitate expected crowds. Additional portable restrooms must be provided by the Event Organizer if deemed necessary to protect public health as determined by the Public Works Department. b. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security and supervision for the restrooms. If the Event Organizer does not have the manpower to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer's intent on maintaining the City restrooms. c. Barricade Placement. i. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on October 9 at the parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure for the Event. ii. The City will deliver 2 Type III barricades for placement by the Organizer during their event on Saturday and Sunday. d. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. e. Electricity and Water. i. Each electrical box needed for the Event will be opened by the City on October 9, 2015. The Organizer shall be charged for the use of each electrical box according to the peiiuit fee schedule. Page 3 of 5 ii. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. iii. The City shall provide the Organizer a key for the water shut off valve. The Organizer shall provide a $50 deposit for such key and will be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Monday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Monday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 12. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. c. The Organizer agrees to provide 1 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 13. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear by September 30, 2015. 14. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 15. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this day of September 2015. SUMMER TUESDAYS, INC. By: Its: Page 4 of 5 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON On this day of appeared the the free act and deed 2015, before me, a Notary Public within and for said County, , to me personally known, who, being duly sworn, did say that he is of the SUMMER TUESDAYS, INC. and that this instrument was signed as of the corporation. Notary Public STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk On this day of 2015, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Diane F. Ward, to me personally known, that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public Page 5 of 5 ter THE OtOTHFL5CE OF ti INhIES tA EVENTS PERMIT APPLICATION 216 North 4th Street, Stillwater, MN 55082 Telephone: 651-430-8800 Fax: 651-430-8809 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 7 Z-5 2-0/5- Office Use Only Date Application Received Type: Event Special Eve Event Information Title/Name of Event Event Date/Time: Set up: Date / Time g--/001--k to C Actual Event: Date ' PG" /0 it- 7/ Time /a to ,,,, 21-1_ Clean up: Date ‹.--vilAy- 60C1- // Time t.--- - to _14 (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) Description Of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) '/.'-' -744 -Prx-e---5- _ce e 5- e'- zl'-‘6?-5.71: t'' 5 44-e',A4 717V77)aM/6)/.T/t)54' , a,,,2( e-e.--•e_ „..5a__, I A. a,-,../d ieee-=.47/ /(0,/-- .71-2.e_ 4 Pe4-)y- 41.--,i/- 7,/,' i -•.,,/. z.--, B- 77.-eicjo - ,< 2:4 4), r)1 2j)iC ae-',0( -/-4- A"/ /er5' ' ,-./t/e<- Estimated Attendance (participants and spectators): 7206-7 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: __,.."1_ /tie,...5A Mailing Address: /0/ 7y-/7/0,,, _....f:5;•L City, State, Zip Code: /7/4e/4- fey' „Olt/ ___----5----(7) 2 Primary Contact/Applicant Name: 2--7 Phone Number: 77 — Fax: — Cell Phone: 4-c- ! i Email Address: Si A kitel, ,----- , ,-- „ Website Address: ,,,/z4j 4 .e/e,57, -----"yy/a' .....4.: -e.,--: Name of contact person during event: i,,,,----) All lei", Cell Phone: Alternate contact during event; Cell Phone:/2_ k y -e-),- Refer media or citizens inquires to: Phone: 7.,>./ z...5-,.._ 2 2,5 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No O Yes Number and size: /) '( ) ,. - f ,-7 Will there be any inflatables? No Yes ■ Insurance certificate from rental vendor is required Fees for electricity may Will there be entertainment? No ■ Yes yf What type: r /�i, l apply see Instructions Will sound amplification be used? No ■ Yes Hours and Type:: j0 _/ / Will a stage or tent(s) be set up? No ■ Yes g Dimensions: / 0% Will there be temporary fencing? No ■ Yes X How many Fees for electricity may Will merchandise/food items be sold? No ■ Yes f vendors expected: C/ apply see Instructions Will food be prepared on site? No ■ Yes g Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No • Yes yi. Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No ■ Yes ' See Alcohol Regulations in the Instructions Will alcohol be sold? No ■ Yes lEt See Alcohol Regulations in the Instructions Will there be a fireworks display? No Xj Yes ■ Permit required, contact Stillwater Fire Department, 651-351-4950 Describe powe needs and location of power source. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available _. , o ///,e f = .ors , c,,%"- et-- f'': %77''r.. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. Z.-07i5 /"'-: 4-eill v, _5f City Streets or Right-of-way No ■ Yes Start/End Time: fix'' y1-� - " Date:/4'q- As//) .2 City Sidewalks or Trails No ■ Yes ■ Start/End Time: Date: Public Parking Lots or Spaces No ■ Yes .Z- Start/End Time: ,ter / ao,r Su. 9Date: / 4 -/7'7? Fees may apply Will event need barricade(s)? NoA Yes IN Number needed: see Instructions Fees may apply Will extra picnic tables be needed? No - Yes ■ Number needed: f see Instructions Will portable restrooms be needed? No © Yes Number needed: Fees may apply see Instructions Fees may apply Will extra trash receptacles be needed? No ■ Yes Number needed: see Instructions Describe trash removal and cleanup plan during and after event: d Will event need traffic control? No Yes • Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: A /f OlvA 7 reGZir// _ -eG -ei 7. ,v 57LiC. f Cf'Ce.�5 5 71E7 Fees may apply see Instructions Will "No Parking Signs" be needed? No XI Yes ■ Number needed: Show location(s) on site map Will event need security? No ■ Yes ,Fig If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No ■ Yes Contact Lakeview EMS, 651-430-4621 .r Describe plans to provide first aid,if needed: % j J / --- Describe the emergency action plan if severe weather should arise: _ 4& f/% GZ.'�f G.°%lc...- t..^'yr`a^"mil e-i / 74 e',:- '4-74- ,- ., 57,--e e"...1 .-' j,e- List any other pertinent information: `�//, /�—�2(/ // 7�P :`,, i1 /`�rr//i ! �di d/-k /' // The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" maybe required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stil ter and is a elease of Liability. Signe of Applicant or Authorized Agent Date ve Lot 2 -- 84 spaces ot 3 -- 35 spaces Lot 4 — 29 spaces Lot 5 — 7 spaces Lot 6-16,spaces Lot — 16 spaces Lot 8a -- 50 spaces Lot 8b 89 spaces Lot 9 — 30 spaces Lot 1 0°-=- 49 spaces Lot 11 45 spaces Lot 12 - 85 spaces Lot 13 -- 28 cnarsac Lot 14 - 15 spaces Lot 15 20 spaces Lot 16 - 47 spaces Lot 17 -103 spaces Lot 18 — 53 spaces. Lot 19 — 83 spaces Lot 20 - 2.2 .ape Ramp — 248 spaces Total = 1,260 spaces } 1 f1 8m re earved co-op Customer: ? easave 0 7---,e_esiv.ce-, illwater Administration TO: FROM: DATE: Mayor and City Council Members Tom McCarty, City Administrator September 14, 2015 SUBJECT: 2015-2016 Labor Agreement Between City of Stillwater and Minnesota Teamsters Public and Law Enforcement Employee's Union, Local No. 320, representing Stillwater Public Manager's Association The City of Stillwater and Teamsters Local 320, Public Managers, have concluded negotiations for a successor labor agreement for 2015 and 2016 and the Teamsters Local 320, Public Managers membership has voted to approve the agreement. Changes in the contract language include: • Contract Duration - 2 year agreement, January 1, 2015 through December 31, 2016; • Wages - 3% increase - 2015; 3% increase - 2016; • Grievances Procedure - Adds language for "Election of Remedies" in the event that more than one procedure is available for resolution of a grievance, the employee is limited to one procedure through which remedy to the grievance may be sought. • Savings Clause - Added language providing that should any provision of the contract be declared to be contrary to law by a court or administrative ruling, the contract provision shall be void and all other provisions of the contract remain in full force and effect. The voided provision may be renegotiated at the request of either party. • Health Insurance - Retain employer contribution for 2015, increase employer contribution for family plan by $20 for 2016; • Includes language regarding the Affordable Care Act (ACA) - in the event health insurance provisions of the contract are found in non-compliance with the ACA, the parties will meet to bargain over alternative provisions to comply with the ACA. RECOMMENDATION The proposed Labor Agreement between the City of Stillwater and Teamsters Local 320, Public Managers, is consistent with direction from City Council for labor negotiations. Teamsters Local 320, Public Mangers membership has approved the 2015-2016 labor agreement. Increased contract costs are included in the approved 2015 budget and are also included in the proposed 2016 budget. Therefore, staff recommends adoption of a resolution entitled "Approving the 2015-2016 Labor Agreement between the City of Stillwater and Minnesota Teamsters Public and Law Enforcement Employee's Union, Local No. 320, Representing Stillwater Public Manager's Association." RESOLUTION 2015-161 APPROVING THE 2015-2016 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEE'S UNION, LOCAL NO. 320, REPRESENTING STILLWATER PUBLIC MANAGER'S ASSOCIATION BE IT RESOLVED, by the City Council of Stillwater, MN that the 2015-2016 Labor Agreement between the City of Stillwater and Minnesota Teamsters Public and Law Enforcement Employee's Union, Local No. 320, Representing Stillwater Public Manager's Association, as on file with the City Clerk is hereby approved with the following changes: • Contract Duration - 2 year agreement, January 1, 2015 through December 31, 2016; • Wages - 3% increase - 2015; 3% increase - 2016; • Grievances Procedure - Adds language for "Election of Remedies" in the event that more than procedure is available for resolution of a grievance, the employee is limited to one procedure through which remedy to the grievance may be sought. • Savings Clause - Added language providing that should any provision of the contract be declared to be contrary to law by a court or administrative ruling, the contract provision shall be void and all other provisions of the contract remain in full force and effect. The voided provision may be renegotiated at the request of either party. • Health Insurance - Retain employer contribution for 2015, increase employer contribution for family plan by $20 for 2016; • Includes language regarding the Affordable Care Act (ACA) - in the event health insurance provisions of the contract are found in non-compliance with the ACA, the parties will meet to bargain over alternative provisions to comply with the ACA. BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 15th day of September, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEE'S UNION, LOCAL NO. 320 REPRESENTING STILLWATER PUBLIC MANAGER'S ASSOCIATION January 1, 2015 — December 31, 2016 TABLE OF CONTENTS ARTICLE PAGE ARTICLE I PURPOSE OF AGREEMENT 3 ARTICLE II RECOGNITION 3 ARTICLE III DEFINITIONS 3 ARTICLE IV EMPLOYER SECURITY 4 ARTICLE V EMPLOYER AUTHORITY 4 ARTICLE VI UNION SECURITY 4 ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 5 7.1 DEFINITION OF A GRIEVANCE 5 7.2 UNION REPRESENTATIVES 5 7.3 PROCESSING OF A GRIEVANCE 5 7,4 PROCEDURE 5 7.5 ARBITRATOR'S AUTHORITY 6 7.6 WAIVER 6 7.7 ELECTION OF REMEDIES 7 ARTICLE VIII SAVINGS CLAUSE 7 ARTICLE IX DISCIPLINE 7 ARTICLE X SALARIES 8 ARTICLE XI CONSTITUTIONAL PROTECTION 8 ARTICLE XII SICK LEAVE 8 ARTICLE XIII SEVERANCE PAY 10 ARTICLE XIV HOLIDAYS 10 ARTICLE XV VACATION 11 ARTICLE XVI INSURANCE 11 ARTICLE XVII WAIVER 12 ARTICLE XVIII DURATION 12 APPENDIX A-1 - 2015 ANNUAL SALARY SCHEDULE 13 APPENDIX A-2 - 2016 ANNUAL SALARY SCHEDULE 14 APPENDIX B - MONTHLY LONGEVITY PAY SCHEDULE 15 Page 2 of 15 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEE'S UNION, LOCAL NO. 320 REPRESENTING STILLWATER PUBLIC MANAGER'S ASSOCIATION ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 2015 between the City of Stillwater, hereinafter called the EMPLOYER, and Minnesota Teamsters Public and Law Enforcement Employee's Union, Local No. 320. It is the intent and purpose of this AGREEMENT to: 1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Place in written form the parties' agreement upon the terms and conditions of employment for the duration of the AGREEMENT. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 14, for all supervisory personnel under BMS Case 92-PTR-1391 excluding the City Coordinator and all non supervisory employees. 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: Minnesota Teamsters Public and Law Enforcement Employee's Union, Local NO. 320. 3.2 UNION MEMBER: A member of the Union. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 EMPLOYER: The City of Stillwater. 3.5 UNION OFFICER: Officer elected or appointed by the Union. 3.6 PROBATIONARY PERIOD: Newly hired employees shall serve a probationary period of one year (12 months from the date of hire). Probationary employees may be terminated at the sole discretion of the EMPLOYER. Page 3 of 15 ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited to this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate, ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly UNION dues or a "fair share" deduction as provided by Minnesota Statutes 179A.06, Subdivision 3, if the employee elects not to become a member of the UNION. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements. 6.4 UNION STEWARD, The EMPLOYER agrees that the employee designate Steward under Article 6.2 of this AGREEMENT shall be allowed a reasonable amount of duty time annually to attend to UNION matters as designated by the UNION in addition to the other Steward activities as provided for in this AGREEMENT. 6.5 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. Page 4 of 15 ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the AGREEMENT. 7.2 UNION REPREESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated, as provided by Section 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employee and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the employee and the UNION representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the EMPLOYER. 7.4 PROCEDURE Grievances as defined in Section 7.1 shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER -designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 2 Representative, The EMPLOYER -designated Representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after Page 5 of 15 receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER -designated Representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. A grievance unresolved in Step 2 and appealed to Step 3 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances," as established by the Public Employment Relations Board. 7.5 ARBITRATOR'S AUTHORITY a. The arbitrator shall have not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law, The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of the AGREEMENT and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record or the proceedings it may cause such a record to be made, providing it pays for the record, If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the Page 6 of 15 UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 ELECTION OF REMEDIES In the more than one procedure is available for resolution of a grievance arising under this Agreement, the aggrieved employee(s) shall be limited to one procedure through which remedy may be sought. If as a result of the written Employer response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to arbitration pursuant to this Article 7 or another procedure including but not limited to fair employment or veterans preference. If appealed to any procedure other than arbitration pursuant to this Article, the grievance is not subject to the arbitration procedure as provided in this Article 7. An employee pursuing a remedy pursuant to a statute under the jurisdiction of the United States Equal Employment Opportunity Commission is not precluded from also pursuing an appeal under the grievance procedure of this Agreement. If a court of competent jurisdiction rules contrary to the ruling in EEOC v. Board of Governors of State Colleges and Universities, 957 F,2d 424 (7{h Cir.}, cert denied, 506 U.S. 906, 113 S. Ct. 299 (1992), or if Board of Governors is judicially or legislatively overruled, this paragraph shall be immediately null and void and shall be deleted from this Agreement. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Stillwater. In the event any provision of this AGREEMENT shall be held to be contrary to law by any court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, or is contrary to a binding administrative ruling or is in violation of legislation or administrative regulations, such provision shall be void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX DISCIPLINE 9.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 9.2 Suspensions, demotions and discharges will be in written form. Page 7 of 15 9.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 9.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER. 9.5 Discharges of non -veterans will be preceded by a five (5) day suspension without pay. 9.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 9.7 Grievances relating to this Article shall be initiated by the UNION in Step 2 of the Grievance Procedure under Article VII. ARTICLE X SALARIES 10.1 Employees shall be paid in accordance with the attached salary and longevity pay schedules marked Appendix A (salary) and Appendix B (longevity pay). 10.2 In the event an employee is promoted to a higher classification, the employee's salary shall be increased by five percent (5%) to the next highest step of the higher classification, The employee shall also receive the longevity pay of the higher classification based on years of employment in any job classification, or any combination of job classifications, covered by this Agreement. ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII SICK LEAVE 12.1 a. All full-time employees shall, after a term of employment of six (6) months, be qualified to receive payments on account of physical disability to work by reasons of sickness. For the purpose of this contract sickness shall include injury other than accident or injury arising out of and in the course of employment by the City. Sickness disability benefits shall be as follows: 1. If term of employment has been six (6) months, but less than two (2) years, two (2) weeks at full pay. 2. If term of employment has been 2 to 5 years, full pay for four (4) weeks, half pay for nine (9) weeks. 3. If term of employment has been 5 to 10 years, full pay for thirteen (13) weeks, half pay thirteen (13) weeks. Page 8 of 15 4. If term of employment has been 10 to 15 years, full pay for thirteen (13) weeks, half pay for thirty-nine (39) weeks. 5. If term of employment has been 15 to 20 years, full pay for twenty six (26) weeks, half pay for twenty-six (26) weeks. 6. If term of employment has been 20 to 25 years, full pay for thirty- nine (39) weeks, half pay for thirteen (13) weeks, 7. If term of employment has been 25 years or more, full pay for fifty-two (52) weeks. 12.2 No disability benefits shall be paid for absences in excess of three (3) consecutive days without a doctor's certificate as to sickness disability. 12.3 Sickness disability benefits usage shall be subject to the following conditions: a. An employee may use the full entitlement only once annually. b. Any days used by an employee must be replaced at the following earning rate: Employees with less than five (5) years service shall earn a sickness disability leave time at the rate of one day for each month worked. Employees with five (5) years but less than ten (10) years service shall earn sickness disability leave time at the rate of one and one- half (1-1/2) days for each month worked. Employees with ten (10) or more years service shall earn sickness disability leave time at the rate of two (2) days for each month worked. c. Sickness disability leave time cannot be earned during the time an employee is on sick leave. Sick leave earned back shall be figured on a pro rata basis each month with no earn back of leave for that portion of sick leave used during the month. d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. Sick leave used last shall be replaced first. e. For the purpose of this Article, the January 1st immediately preceding the Employee's anniversary date of employment shall be used to determine Employees term of employment. 12,4 Any employee receiving Worker's Compensation benefits because of job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if any employee is receiving Worker's Compensation benefits and does not assign his check, he will be paid for the difference between the Worker's Compensation allowance and his regular weekly pay. Sick leave shall then be figured on a pro rated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation Insurance, 12,5 Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation which has not Page 9 of 15 been taken may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave of absence when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee has not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no service credit for the period of absence. 12.6 Sick leave usage will only be allowed for injury or illness of the employee and not for time off for any legal proceedings associated with an injury. ARTICLE XIII SEVERANCE PAY Any employee who leaves the employ of the City by retirement, resignation or death shall receive pay for 100 percent (100%) of unused accrued vacation. Any employee who retires due to age or physical disability and are eligible to receive PERA retirement benefits, shall receive one-half of unused disability benefits providing he or she had been employed with the City in a permanent, full time position for a period of not less than ten (10) years. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability as above provided but in no event shall such death benefit exceed twelve (12) weeks of full pay. Sick leave used and not replenished during the employment period shall be subtracted from the sick leave benefit schedule to arrive at unused sick leave balance. A week shall be construed to be five (5) working days. ARTICLE XIV HOLIDAYS 14.1 New Year's Day President's Day Independence Day Veteran's Day Day after Thanksgiving Christmas Eve Day or New Year's Eve Day Martin Luther King Day Memorial Day Labor Day Thanksgiving Day Christmas Day When a holiday falls on a Sunday, the following Monday shall be a holiday and when a holiday falls on a Saturday, the preceding Friday shall be a holiday. To be eligible for holiday pay, employees must have been on paid status on the day before and the day after the holiday. Page 10 of 15 14.2 Immediately preceding the 1st anniversary date of employment the employee shall be entitled to one additional floating holiday. ARTICLE XV VACATION 15.1 Employees shall be entitled to the following vacation schedule: From 0 through 12 months employment 5/6 day per month From 1 year through 4 years employment After 4 years through 10 years employment After 10 years through 15 years employment After 15 years 10 days per year 15 days per year 20 days per year One (1) additional day for each year up to twenty years for a maximum of 25 days. 15.2 Vacation time not to exceed 10 days may be used in the following calendar year. The employer shall not unreasonably deny vacation carry-over requests. There shall be a maximum of 35 days vacation during any one (1) calendar year. 15.3 For the purpose of this Article, January 1st immediately preceding the Employee's anniversary date of employment shall be used to determine employees term of employment. 15.4 The Employer reserves the right to limit the length of a continuous vacation period for Employees covered by this agreement due to operational considerations. 15.5 An employee shall have the ability to cash out up to 40 hours of vacation to reach the 10 day vacation limit referenced in §15.2. ARTICLE XVI INSURANCE 16.1 Effective January 1, 2015, the EMPLOYER will contribute up to one thousand one hundred forty-one dollars and eighty six cents ($1,141.86) per month, per employee toward group health insurance coverage, including dependent coverage Effective January 1, 2016, the EMPLOYER will contribute up to one thousand one hundred sixty-one dollars and eighty six cents ($1,161.86) per month, per employee toward group health insurance coverage, including dependent coverage. 16.2 The EMPLOYER will provide a $20,000 term life insurance policy for each employee. 16.3 In the event the health insurance provisions of this Agreement fail to meet the requirements of the Affordable Care Act and its related regulations or cause the Employer to be subject to a penalty, tax or fine, the Union and the Employer will meet immediately to bargain over alternative provisions so as to comply with the Act and avoid and/or minimize any penalties, taxes or fines for the Employer. Page 11 of 15 ARTICLE XVII WAIVER 17.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 17.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XVIII DURATION The AGREEMENT shall remain in full force and effect for a period commencing January 1, 2015 through December 31, 2016. In the event a new AGREEMENT is not in effect January 1, 2017, all compensation, working conditions and benefits shall remain in effect as set forth in this AGREEMENT until a successor AGREEMENT is effected. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of , 2015. FOR THE MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEE'S UNION, LOCAL NO. 320 REPRESENTING STILLWATER FOR THE CITY OF STILLWATER: MANAGER'S ASSOCIATION: Ted Kozlowski Ma or 4ari-Seinie B siness Agent y r_r_160-zeAlgDiane Ward, City Clerk oore, Steward Page 12 of 15 APPENDIX A-1 Annual Salary Schedule Effective January 1, 2015 - December 31, 2015 CLASSIFICATION Entry 1 Year 2 Year 3 Year 4 Year City Engineer/Public Works Director $90,228 $98,189 $100,842 $103,497 $106,151 Asst. City Engineer $74,869 $81,475 $83,677 $85,879 $88,081 Public Works Superintendent $74,023 $80,555 $82,733 $84,909 $87,087 Asst. Public Works Superintendent $66,596 $72,472 $74,430 $76,389 $78,348 Community Development Director $86,278 $93,891 $96,429 $98,967 $101,503 Police Chief $92,003 $100,121 $102,827 $105,533 $108,239 Police Captain $81,165 $88,327 $90,714 $93,101 $95,488 Fire Chief $86,043 $93,635 $96,167 $98,697 $101,227 Asst. Fire Chief $71,587 $77,904 $80,009 $82,115 $84,220 City Clerk $64,315 $69,991 $71,882 $73,774 $75,665 Information Systems Manager $78,993 $85,963 $88,286 $90,609 $92,933 Finance Director $89,714 $97,631 $100,269 $102,908 $105,546 Employees shall be paid according to employee's length of service in a classification. Page 13 of 15 APPENDIX A-2 Annual Salary Schedule Effective January 1, 2016 - December 31, 2016 CLASSIFICATION City Engineer/Public Works Director Asst. City Engineer Public Works Superintendent Asst. Public Works Superintendent Community Development Director Police Chief Police Captain Fire Chief Asst, Fire Chief City Clerk Information Systems Manager Finance Director Entry 1 Year 2 Year 3 Year 4 Year $92,935 $101,135 $103,867 $106,602 $109,335 77,115 83,919 $86,188 $88,456 $90,724 $76,244 $82,972 $85,215 $87,456 $89,699 $68,594 $74,646 $76,663 $78,681 $80,698 $88,866 $96,707 $99,321 $101,936 $104,549 $94,763 $103,125 $105,912 $108,699 $111,486 $83,600 $90,976 $93,436 $95,894 $98,353 $88,624 $96,444 $99,052 $101,658 $104,264 $73,735 $80,241 $82,410 $84,578 $86,747 $74,038 $75,987 $77,935 $90,935 $93,327 $95,721 $103,278 $105,996 $108,713 $66,245 $72,090 $81,363 $88,542 $92,405 $100,560 Employees shall be paid according to employee's length of service in a classification. Page 14 of 15 APPENDIX B STILLWATER PUBLIC MANAGERS ASSOCIATION MONTHLY LONGEVITY PAY SCHEDULE After After After After 5 Years 10 Years 15 Years 20 Years City Engineer/Public Works Director 103 202 301 352 Assistant City Engineer 84 173 260 303 Public Works Superintendent 84 173 260 303 Assistant Public Works Superintendent 78 157 237 276 Community Development Director 99 196 293 342 Police Chief 99 196 293 342 Police Captain 95 185 280 325 Fire Chief 95 185 280 325 Assistant Fire Chief 80 161 243 282 Information Systems Manager 80 161 243 282 City Clerk 68 138 206 239 Finance Director 95 190 285 332 Longevity pay shall be based on the employee's total full-time years of employment in any job classification, or any combination of job classifications, covered by the Stillwater Public Manager's Association Labor Agreement. If an employee becomes eligible to receive longevity pay for only a portion of a month, the longevity pay for that month shall be determined by dividing the monthly longevity pay by the number of working days in the month and multiplying that rate by the number of days actually worked during the month. Page 15 of 15 MAGNUSON LAW FIRM LICIINSFI) IN MINNkSOTA AND WISCONSIN Tin'. GRAND GARAGE 324 MAIN STREET SOETH • SUITE 4260 • STinwAIER, MN 550S2-5 I 65 ToTAioNE: (651)439-9464 • FACSIMILE: (651)439-5641 \A A\ AA,4\4:\(;NusoNTAwF4101.CONI AMANDA K. DREW DAVID T. MAGNitSON AKDREAqii,INLAGNusoNLAwnitm.ccmi DimAGNusoN'qMAGNUSONLAWFIR_NI.CONI MEMO AN TO Mayor and City Council FROM: David T. Macnuson DATE: September 14, 2015 RE: Consent to City as Mortgagee I UM The City holds a mortuage on property at 1850 Greely St. to secure repayment of a forgivable loan made to Mavack EEC if there is a default in the job creation obligations associated with the loan. One reason the assistance was given to Mavack was because of the environment pollution that contaminated the site that made either selling or mortgaging the property difficult. And, one of the obligations of Mavack was to clean up the site. In order to continue cleanup efforts, indoor air samples must be collected and monitored to protect current and future workers at the site. The PCA now requires that Mavack execute an Environmental Covenant and Easement that limits use of the property and insures future monitoring. Since the City is the holder of this mortgage, the PCA requires the City's Consent. The Consent, bearing the title, Attachment 6, Consent of Mortgagee is attached to this memo. We request City Council consider approval. Respectfully Submitted. 1 T. Magnus Stillwater City At RESOLUTION 2015-162 RESOLUTION APPROVING ATTACHMENT 6 - CONSENT OF MORTGAGE MAVACK LLC (VISTATECH) BE IT RESOLVED, by the City Council of Stillwater, MN that Attachment 6, Consent of Mortgage relating to Mavack LLC (VistaTech), as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor to sign the contract on the City's behalf. Adopted by the City Council of the City of Stillwater this 15th day of September, 2015 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ATTACHMENT 6 CONSENT OF MORTGAGEE The undersigned, the Mortgagee under that certain Mortgage dated the 14th day of May, 2013 and filed the 15th day of May, 2013 as Document No. 3945798 in the Office of the County Recorder and as Document No. 1221703 in the Office of the Registrar of Titles in and for Washington County, Minnesota, for itself and its successors and assigns, does hereby consent to the foregoing Environmental Covenant to which this Consent is attached as Attachment 6, and agrees to be bound by the terms thereof and agrees that its interest in the property described therein shall be subordinate to the covenants contained therein and that this Environmental Covenant shall survive any foreclosure or other action to enforce the interest. In granting this consent, Mortgagee waives the right to consent to any subsequent amendment or modification of the Environmental Covenant. City of Stillwater By Its STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2013,by ,the of City of Stillwater, a municipal corporation, on behalf of the corporation. Notary Public i 1 1 a t e r 1NE OIRTNFLACE OF MIMNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North September 15, 2015 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of minutes of September 1, 2015 regular and recessed meeting minutes V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Possible approval of first reading of Ordinance 1083, an ordinance amending the Charter Amendment - Wally Milbrandt, Chair of the Charter Commission (1st reading - Roll Call) VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 11. Resolution 2015-153, directing payment of bills 12. Resolution 2015-154, resolution authorizing the City of Stillwater to apply for the Minnesota Amateur Sport Commission (MASC) Mighty Ducks Grant Program 13. Resolution 2015-155, approving 2015 Harvest Fest Special Event and Contract 14. Possible approval of temporary liquor license for Harvest Fest 15. Resolution 2015-156, resolution approving the addition of patio to liquor license premises Lolo American Kitchen 16. Resolution 2015-157, approving the transfer of an Off -sale Liquor and Tobacco License from Hansen's Liquor to City Sliquors, Inc. 17. Resolution 2015-158, approving the 2015-2016 Labor Agreement between the City of Stillwater and Stillwater Firefighters Association 18. Possible approval of concrete sidewalk repairs 19. Resolution 2015-159, resolution approving the State of Minnesota Department of Transportation and City of Stillwater Snow and Ice Control Maintenance Agreement 20. Resolution 2015-160, approval of monitoring agreement with ESCI System Integrators IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 21. Case No. 2015-14. This is the date and time for a public hearing to consider adopting a new Master Trails Plan and amending the Park and Transportation Chapters of the Stillwater Comprehensive Plan to incorporate the Master Trail Plan. Notice was published in the Stillwater Gazette on September 4, 2015 X. UNFINISHED BUSINESS 22. Possible adoption of Findings of Fact for denial of Preliminary Plat for Hazel Place Villas (Resolution - Roll Call) 23. Possible adoption of Findings of Fact for: a) approval of Special Use Permit for MN Shooting Gallery, and b) denial of variance for size of shooting lanes. (Resolution - Roll Call) 24. Final review of landscaping plan for Lowell Park XI. NEW BUSINESS 25. Possible approval of Final Plat and Development Agreement for Brown's Creek Cove (Resolution - Roll Call) 26. Possible approval of Palmer Property purchase (Resolution - Roll Call) 27. Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing for 2015 Street Improvement Project (2 resolutions - Roll Call) 28. Possible approval of variance to construction hours request 29. Possible adoption of resolutions (3 separate resolutions - Roll Call) a. Adopting the proposed tax levy for the payable year 2016 b. Adopting the proposed budget for the year 2016 c. Setting payable 2016 Truth -in -Taxation meeting date 30. Possible approval of resolution in support of application for a temporary classification of body worn camera data (Resolution - Roll Call) XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 31. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT i 1 1 t e r 1NE OIRTNELACE OF MIMNESOTA CITY COUNCIL MEETING MINUTES September 1, 2015 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Staff present: OTHER BUSINESS City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison Police Chief Gannaway Fire Chief Glaser St. Croix Recreation Center Manager Brady City Clerk Ward Budget Workshop (Continued from August 18, 2015 meeting) City Administrator McCarty continued discussion of the draft 2016 budget. He presented three options for reducing the levy increase. Option 1 includes delaying start dates for three new administrative positions, which reduces the levy increase to 5.9%. Option 2 includes delaying start dates for the three administrative positions as well as reducing the street improvement debt service by $25,000, which would reduce the levy increase to 5.85%. Option 3 includes delaying start dates for the three administrative positions and further reducing debt service on the street improvement program, thereby reducing the levy increase to 5.4%. All options include modifying some capital outlay items for City Hall, remodeling, and Police Department renovation which would have a target date for completion at the end of 2017. Councilmember Junker stated he would like the HR position to start earlier, January 1 if possible. Councilmember Menikheim agreed and asked about the impact of starting the HR position April 1. City Administrator McCarty replied that would add about $27,000 back into the budget. Councilmembers Junker, Menikheim and Mayor Kozlowski expressed support for Option 2, but to include an April 1 start date for the HR position, which would add $27,000 back into the budget. Councilmember Weidner noted he would rather stay with the recommended proposal as he felt it would not make that much difference to start the HR position three months earlier. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Option 2, modifying the start date for the HR Manager position to April 1. Ayes: Councilmembers Menikheim, Junker, and Mayor Kozlowski Nays: Councilmembers Weidner and Polehna City Council Meeting September 1, 2015 Councilmember Polehna expressed a desire to move the HR position start date earlier in the year. Mayor Kozlowski suggested that the Water Board and Library Board may be able to contribute some funding in order to start the position earlier. City Administrator McCarty stated staff can communicate with the Water and Library Boards regarding this issue. Motion by Councilmember Junker, seconded by Councilmember Weidner, to set the Truth in Taxation hearing for December 1, 2015. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None STAFF REPORTS Doug Brady, St. Croix Valley Recreation Center Manager, reported that he is trying to attract a Tier II Junior Level North American Hockey League team and wants to make sure that the Council is comfortable with this. It would bring additional revenue and heightened interest in ice hockey. He would like to move forward to negotiate a lease. Councilmembers expressed support for the concept. Fire Chief Glaser informed the Council that the transition to the new Fire Station is complete as of Saturday morning. The new address is 250 Maryknoll Drive North. The public open house and dedication ceremony will be October 10. The Department will participate in a Stillwater High School recognition of the September 11 tragedy. Community Development Director Turnblad stated that the RFP for the Downtown Plan Chapter update should be done in the next month. The Shoddy Mill buildings have been painted brown. Public Works Director Sanders reported that TIF money maybe used for the study of relocating power poles in the downtown area. He will sign the contract and relay it to Xcel Energy. With remaining federal dollars, the City purchased five pumps for use for future floods. RECESS The meeting was recessed at 5:34 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Staff present: City Administrator McCarty City Attorney Magnuson Public Works Director Sanders Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Page 2 of 10 City Council Meeting September 1, 2015 APPROVAL OF MINUTES Motion by Councilmember Polehna, seconded by Councilmember Junker, to approve the August 18, 2015 special and regular meeting minutes. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2015-148, directing the payment of bills Resolution 2015-149, approving the Certified Local Government Grant Acceptance Form from the Minnesota Historical Society Resolution 2015-150, approving SEH to perform bridge inspection on box culvert at Neal Avenue and Brown's Creek Resolution 2015-151, approving Northstar Mudjacking & More to perform sidewalk repair work on Fourth Street Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None PUBLIC HEARINGS Case No. 2015-22. A public hearing to consider a request by Sterling Black of Fairway Development LLC to approve a 19 lot residential preliminary plat and associated variances, Zoned RB: Two Family Residential, all for property located at 1902 Williams Street North. Community Development Director Turnblad summarized the preliminary plat and variance application. Sterling Black, Fairway Development, LLC is requesting Preliminary Plat approval for a 19-lot detached single-family development to be known as HAZEL PLACE VILLAS which is located at the western terminus of Hazel Street next to the Stillwater Country Club. He stated that the first version of the Preliminary Plat was tabled by the Planning Commission with a recommendation to eliminate the many variances which is done. The revised Preliminary Plat eliminated one lot and all variances, however on a 4-1 vote the Planning Commission recommended that the Council deny the Preliminary Plat request. He noted that several letters have been submitted, including a letter from the developer's legal counsel, a petition and letter from the immediate neighborhood, and several emails regarding the length of the cul-de-sac. There are two different interpretations. Staff interprets City code to measure a cul-de-sac from the middle of the new cul-de-sac to where it branches from the existing roadway, which means that the cul-de-sac is less than 600 feet long, and therefore would not require a variance. He continued by stating that the Planning Commission believes a cul-de-sac should be measured from the last point where there is a chance to turn off the street (Fifth Street in this case), which would mean the cul-de-sac in question is more than 600 feet in length, and therefore the Planning Commission recommends denial of the plat. He informed the Council that the review deadline is at least a month away, the Council could give a conceptual approval tonight if it desires, so staff may bring back further documentation to the next meeting. Staff recommends approval with 13 conditions. Councilmember Junker asked if there has been any further discussion with the DNR since the Brown's Creek Trail has opened., and Community Development Director Turnblad replied there is nothing new, except that the DNR agrees with the City that this portion of trail segment has more potential for Page 3 of 10 City Council Meeting September 1, 2015 conflict than any other. Sight lines at Hazel and the trail crossing are difficult. The DNR is now looking at options for improving safety at that crossing. Mayor Kozlowski opened the public hearing. Brian Larson, 2008 Hazel Court, stated that neighbors are not against development, just the number of units. Rezoning in 2007 allowed this density and the proposed cul-de-sac is 850 longer than allowed. He felt that the garage -forward design conflicts with the zoning code that calls for de-emphasizing the garage. He urged the Council to consider the situation unique and that cul-de-sacs that were built in the past should not affect today's decision. The project should be considered on its own merits. He referenced a legal opinion that Minnesota courts have concluded that land use decisions do not create any precedent. He encouraged the Council to deny the present Preliminary Plat. Marilyn Meier, 405 West Hazel Street, asked the Council to deny the existing plan. She stated that they are not against a reasonable plan to develop the property, but attaching a cul-de-sac to a cul-de- sac should not be done because it raises safety issues and changes the character of the neighborhood and felt that the new trail has brought a huge influx of traffic to the area. Pat Lockyear, 2001 Hazel Court, urged the Council to uphold the Planning Commission's recommendation for denial. The City has placed a no exit sign on Hazel Street at Fifth Street, therefore that is the point at which the cul-de-sac should be measured. The 2007 development plan should never have been supported because it was not in keeping with essential character of the neighborhood and went against zoning practices. The Council should stand behind its Planning Commission and deny development that should never have been approved in 2007. This application should be reviewed on its own merits, not its history. Ken Harycki, 2004 Hazel Court, commented that the previous development agreement provided protections for the neighborhood because the units in that plan were to be $500,000 townhomes bought by people who would not winter in Stillwater. He felt that developing 19 units does not fit the neighborhood character. He continued by stating that Hazel Street is narrow, making it tight for vehicles, and the cul-de-sac should be measured from Fifth Street, the nearest outlet. John Schoenecker, 301 East Willow Street, voiced concern about the impact of construction equipment on Hazel Street, for which residents are still paying assessments. He was concerned that the street will be damaged, and that the density is too high for the neighborhood. Bryan Boucher, 317 West Hazel Street, felt that the cul-de-sac should be measured from the point where there are two routes of ingress/egress. He said that the proposed development is not harmonious with the existing neighborhood and that five to ten houses would be enough. Sonja Larson, 2008 Hazel Court, encouraged the Council to support the recommendation of the Planning Commission to deny the proposed development, for safety reasons. James Purcell, 2001 Hazel Court, felt that the proposal is not eco-friendly, does not preserve natural resources, and clearly does not meet the definition of an allowable cul-de-sac. He requested that Council deny the proposal. Melanie Ebertz, 1924 North First Street, stated there is chaos on Hazel Street. She stated that there are lots of families with kids on the North Hill and that traffic safety is lacking. She felt that the new trail is a bigger issue than the bridge and she has been very disappointed by the Council's actions. Stillwater Country Club representatives Ed Simonet and Rick Schefchick stated they are concerned about the effect of the development on the golf course. They have not seen the recent plan and would like to have an engineer analyze how the drainage might affect the golf course. They are also concerned that the rain gardens, which are to be taken over by homeowners, because if the homeowners do not Page 4 of 10 City Council Meeting September 1, 2015 maintain them, the Country Club will have to take care of them. Mr. Simonet, expressed concern about liability and safety of the future residents of the development, because the 12th and 13th holes run parallel to the development, and that the safety corridor for golf balls runs right through many of the units. Mick Lynskey, Lake Elmo, who owns various properties in Stillwater, stated that the first plat and development agreement were approved eight years ago, but they decided not to move forward with it due to market conditions. At that time, they approached the City and asked for assurances that the final plat would not expire, which they obtained in writing, stating that as long as it was developed in the manner that it was approved, it would not expire. Mr. Lynskey felt that this fact is important. They sold their interest, their approvals received and letter to Mr. Black, and stated that there is an approved plan. He understands the developers are moving forward with this plan that he got approved, but believes theirs is a better plan. He continued by stating that if the Council agrees that, with the City's assurances that this is a valid plat with no expiration, then the Council should approve it. He pointed out four differences from the previous plan: there is one less unit, the setbacks from existing homes have been reduced, the grading plan is more friendly to the site with less grading, and the cul-de-sac is a little shorter than what had been proposed. He felt it was important to state that based on letters from the City stating the property could be developed in this manner as previously approved. Tim Sinclair, 14411 Dellwood Road North, who lives directly across the creek from the proposed development, stated although he lives is in Stillwater Township, he has concerns. He strongly urged the Council to follow the recommendation of the Planning Commission and deny the application. He felt that there is not room enough for 19 houses, and that the development does not fit into the neighborhood. Dave Hatch, 2009 Third Street North, expressed concerns about traffic safety, as his children cross Hazel Street to Schulenberg Park several times a day. He would like the Council to deny the application. Jay Libby, 203 Hazel Street, told the Council he is not anti -building or anti -development, however he has had to pull up on the curb to allow a garbage truck or school bus to pass. He felt that with the trail, there is more traffic and that trail users, especially young children, do not stop at Hazel. Sterling Black, owner/developer, stated they have done what they can to try to make the development fit the neighborhood, while maintaining financial viability. He referred to written documentation addressing the neighbors' concerns. He stated that they have a high quality product whose intended buyer is the empty -nester in the $550,000-700,000 range. He has had good conversations with the golf course leadership and will ensure they are satisfied with the quality of work being done. He also reviewed his history with the property, which he purchased in 2009. The previous plat had been approved, however he waited for the market to improve before starting discussions about building the homes, reducing the grading, the retaining walls, less tree removal and the amount of roadway, and through this process they introduced single family homes with less massing than in the previous plan. He stated that meeting with the City it was determined he would need to reapply for a new plat. They are heavily invested in this project and feel the new plan is better. If denied today, there is little choice but to proceed with the previous plan that was approved because they cannot start over, and that a project of five to ten units would not be viable. Roger Humphrey, Humphrey Engineering, stated he understands the concerns that were raised about the previously approved plan. They have met with the golf course, the watershed district and the neighbors. He compared the old and the new plans to indicate how the issues have been addressed. The rain gardens are highly vegetated green spaces and the water will be directed into the City storm water system. The lot on the end of the cul-de-sac was eliminated because the watershed district had Page 5 of 10 City Council Meeting September 1, 2015 its greatest concern. They have a letter from the City detailing the approval process which they provided to Councilmembers. He reviewed the developer's responses to concerns expressed at the Planning Commission meeting, regarding narrow streets, and that Hazel Street is 30 feet wide, three lanes in width, which exceeds City standards and felt it was not substandard because it is relatively flat and fairly straight and that Hazel Street narrows at the very last segment before reaching Highway 95. He provided documents showing other developments that have higher densities and in an extreme event, EMTs and other emergency vehicles could access the neighborhood across the fairway from the road by the maintenance shed of the golf course. He continued that the light pollution, all designs meet current standards for cut-offs and lights that shine straight down and that nothing is proposed that would exceed City standards. He spoke to the integrity of the retaining walls, the new design has six foot walls which are standard and safety concerns about Hazel Street, the straight section is 30.8 feet wide and is straight with no vertical curves. He stated that there are many existing cul-de-sacs within the City and with cul-de-sacs people feel quite secure, more so than those who live on through streets. He has called several insurance companies to inquire about policy risks for homeowners who live on cul-de-sacs, which is not an issue with insurers. He believes the fire department is equipped to handle any disasters and the proximity of the development is better than he has seen in other cities and have added several fire hydrants to the project to increase fire protection. He finished by stating that they feel all concerns have been addressed. Koleen Roach, 1901 North Second Street, called the developers' view myopic, and felt that the proposal is too dense for the neighborhood. She reminded the Council of what is at stake for all the current residents, and stated that Council needs to deny the variance and work toward a more reasonable development plan. Mary Harycki, 2004 Hazel Court, agreed with previous neighbors' comments and disagreed with the developer on the width of Hazel Street. She thanked the Mayor and Councilmember Junker for meeting with the neighborhood. She welcomed the developer to come measure the street with her. She felt that a stop sign to prevent traffic from four houses from interrupting traffic from 19 proposed homes seemed ludicrous. She urged the Councilmembers to keep an open mind and listen to constituents. Teresa Libby, 203 West Hazel Street, encouraged the Council to look at the proposal from the neighbors' point of view and she supports the neighbors who want lower density. Bruce Malkerson, Malkerson Gunn Martin LLP, attorney representing Sterling Black, informed the Council he has been a land use lawyer for 42 years and has taught land use law for 40 years. Neighbors usually say they are not against development because they know it is smart to say that and it is not unusual for neighbors to want lower density. He stated that almost every subdivision proposal has opponents who say it is not safe. He pointed out that staff has stated repeatedly that this subdivision, as revised, complies with all City ordinances, and stated that this is a fact and a matter of law. He noted that the only thing he has heard from the neighbors about possible non-compliance with the law is that the length of the cul-de-sac must take into account roads that are outside of the proposed plat. He felt this argument runs contrary to decades of decisions and recommendations by the staff, the Planning Commission and the City Council, which has correctly interpreted this ordinance many times in the past. He continued by stating that they believe strongly that staff is correct in the interpretation because there is nothing in the ordinance that suggests that parts of other pre-existing local streets should be considered in calculating the length of the cul-de-sac. He informed the Council that his client has purchased the property in reliance upon this historical interpretation and if the Council at this time decides to re -interpret the cul-de-sac provisions, it needs to go back and identify every instance where the new interpretation would have made some prior plat approvals illegal, give notice to them, and require them all to apply for variances. He felt that this subdivision also differs from others because Page 6 of 10 City Council Meeting September 1, 2015 it involves a previously approved development and hat approval is still valid per a letter issued by the City in 2008. He asked Council if the developer could be allowed to speak after the public hearing is closed if they hear an erroneous statement made. Robert Williams, Morrison Sund PLLC, attorney representing a number of the neighbors, addressed Mr. Malkerson's points. He pointed out that today's application does not necessarily comply in all respects with the existing subdivision code. He felt if the Planning Commission determined that the cul-de-sac measurement should come from Fifth Street, that conclusion could be upheld by the Council and the application could be denied based on a new interpretation of the statute. He did mention that the ordinance does not say the point from which the measurement is to take place for the cul-de-sac, however the policies behind the original ordinance are important in determining its meaning. He stated that it is clear that it is a public safety -focused ordinance and that it makes the most sense that the origination be the farthest point of exit from that one way street. He continued by stating that this Council is not bound by prior interpretations of other Councils, and is not prohibited from making a new interpretation tonight to make it right and that they are free to take steps to undo the 2007 development agreement. He informed the Council that there are statutory provisions that protect the right of the developer to proceed under a development agreement for a period of two years from the date of the agreement. His supposition is that there are no vested rights with regard to when a developer has gone so far into a project to change the entitlements to prevent him from proceeding and felt that has not happened here. He stated that the Council does have the option of denying the application for the Preliminary Plat tonight and is not bound by previous precedent. Dale Shaller, resident of the North Hill for 26 years, voiced support for the recommendation of the Planning Commission to deny the proposal. He urged the Council to think creatively about alternative options. Mayor Kozlowski closed the public hearing. Councilmember Junker thanked the neighbors for being respectful in their opinions and applauded the development team for revising the plans. He reflected on all the development that has occurred in Stillwater over his lifetime. He stated the minimum lot size for the proposal is 7,500 square feet, which is the average lot size in Stillwater and the uniqueness of Hazel Street is its proximity to the Brown's Creek Trail, and the fact it is blind and steep, does raises safety concerns. He would like City staff, the DNR and developer to work on somehow increasing the safety of Hazel Street. Councilmember Weidner remarked that he understands both staff's interpretation and the Planning Commission's interpretation of length restriction in regard to measuring the cul-de-sac. He believes under the circumstances the cul-de-sac is too long. The most reasonable interpretation of the ordinance would measure the cul-de-sac from the nearest through street. On a question by Mayor Kozlowski to address the issue of the property owner's vested rights, City Attorney Magnuson explained that the question of vested rights recognizes property interests that must be compensated if they are taken. He responded to the question regarding of how long a Preliminary and Final Plat are valid, and how long the rights to develop the parcel last, consistent with those approvals: He informed Council that Minnesota statutes state that for one year after Preliminary Plat approval, the Council cannot change the zoning classification or the ordinance, and for two years beyond the Final Plat approval, the zoning cannot be changed. He continued by stating that the statute goes on to say that those rights may be extended by written agreement. He stated that happened in 2008, when then developer Lynskey Clark and Companies expressed concern about how long these rights would last and in response to their inquiry, Community Development Director Turnblad wrote them on November 18, 2008 stating that the City's ordinance does not specify a sunset date for approved Final Plats and the only sunset date mentioned is that the Final Plat application must be Page 7 of 10 City Council Meeting September 1, 2015 submitted within one year approval of a Preliminary Plat, which was done. He informed Council that the Final Plat is valid indefinitely as long as it is developed according to the approved Plat and development agreement. His opinion is if a developer bought this property based on this representation, it would validate those vested rights to develop it consistent with the approved Plat and development agreement. Mayor Kozlowski inquired if the letter from staff constitutes a contract between the City and the developer, and that it is binding on the Council, and City Attorney Magnuson replied yes, he believes it is. He added that the Court of Appeals and Supreme Court are often involved in similarly contested issues and they have cautioned City Councils to be mindful that the objections of neighbors standing alone are never a sufficient reason, by themselves, to deny an application of any kind. He continued, that it is not the number of people for or against any proposal, it is the quality of their objections that is important and municipal decisions are overturned by a court when they are found to be arbitrary and in his opinion to deny plat approval for a plat that is consistent with ordinances and standards is arbitrary. Mayor Kozlowski commented he feels a dead end street starts at the point where a vehicle has to turn around to get out of it. He feels the proposal would require a variance for the cul-de-sac and that it seems obvious as to not require definition. Councilmember Weidner commented, in reference to the binding nature of the plat in 2007, that is not the basis for his decision. He views this as a new plat. Councilmember Polehna stated he is one of the Councilmembers who approved the plat in 2007 and at the time he thought it was the right decision. However, because there is not another access into the area, the cul-de-sac length concerns him. He stated he would not have a problem supporting the proposal if there were another access point and that the cul-de-sac issue needs to be defined so it does not come up again in the future. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to deny Preliminary Plat approval. City Attorney Magnuson suggested taking a straw vote and directing staff to come back to the next meeting with findings consistent with the decision. Councilmember Weidner withdrew the motion and Councilmember Polehna withdrew the second. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to deny the Preliminary Plat and directing staff to prepare findings for the next meeting. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Mayor Kozlowski recessed the meeting at 9:02 p.m. Mayor Kozlowski reconvened the meeting at 9:20 p.m. UNFINISHED BUSINESS Case No 2015-15. Continued consideration of the Minnesota Shooting Academy request for a Special Use Permit to operate an indoor gun range at 2159 Curve Crest Boulevard (Tabled from August 18, 2015 meeting). Councilmember Weidner recused himself from discussion due to a conflict of interest. Page 8 of 10 City Council Meeting September 1, 2015 Community Development Director Turnblad summarized that two variances are being requested: one for square footage and the other for parking. Councilmember Junker stated he likes the green space between the site and the liquor store, but is concerned about approving the variances. Councilmember Polehna pointed out that the application involves a freestanding building and that the skateboard park, for which the 3,000 square foot limit was originally enacted years ago, was part of another property. He felt that the City needs to adjust the ordinance to separate proposals for freestanding buildings from proposals for adjacent properties. He is not in favor of granting the parking variance. Councilmember Menikheim noted he finds the variance difficult to accept because the 3,000 square foot restriction was initially developed for a nonprofit, but this is a commercial business asking for a 135% increase is not a minor adjustment. Mayor Kozlowski noted staff has stated that the purpose of the 3,000 square foot maximum was to preserve the office nature of the office park and the variance being requested seems like too big a variance. He stated that he has less of an issue with the parking variance, but finds it hard to establish the practical difficulty to justify the square footage variance. Councilmember Menikheim remarked that the amusement and entertainment category did not take into consideration the other side of a shooting range. He stated the involvement of law enforcement training introduces the issue of self-defense and the application of lethal force and felt that is a long stretch beyond amusement and entertainment. Mayor Kozlowski stated he has no problem with the permitted use, but for him, the issue is the size so if it were a smaller variance it would be easier to consider; this is massive. Councilmember Polehna recalled that 18 years ago, the City put its own recreation center and ice arena in an area that was considered industrial. Mayor Kozlowski reminded the Council that the zoning prohibits amusement or recreational uses over 3,000 square feet and the variance being requested is huge. He is in favor of approving the SUP, but denying the variances. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to approve the SUP as conditioned, but deny the variances. Ayes: Councilmembers Menikheim, Junker, and Mayor Kozlowski Nays: Councilmember Polehna Possible approval of second reading of Ordinance 1082, an Ordinance Amending the Stillwater City Code, Chapter 29, Sewers, Sec. 29-3 and approval of agreement with Washington County for septic system permitting and inspection services Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Ordinance 1082, an Ordinance Amending the Stillwater City Code, Chapter 29, Sewers, Sec. 29-3. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Page 9 of 10 City Council Meeting September 1, 2015 Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2015-152, approving agreement with Washington County for Septic System Permitting and Inspection Services. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None NEW BUSINESS There was no new business. STAFF REPORTS CONTINUED Public Works Director Sanders requested Council approval for capital outlay of $3,900 for 31 trees to be planted in Lowell Park. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to authorize the expenditure of $3,900 for trees as proposed. Councilmember Junker commented the tree planting project is moving too quickly and that placing 31 trees in Lowell Park is a big step. He stated would like to see more input, because it is a drastic change and the trees will be there for a very long time. Councilmember Polehna stated the City has talked to everybody but the Lofts residents and he will be talking to them tomorrow. He mentioned that historically there were a lot more trees there and the Parks Commission reviewed the plan and approved it. Ayes: Councilmembers Menikheim, Weidner, Polehna, and Mayor Kozlowski Nays: Councilmember Junker ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the meeting at 9:48 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2015-148, directing the Payment of Bills Resolution 2015-149, approving the Certified Local Government Grant Acceptance Foiiin from the Minnesota Historical Society Resolution 2015-150, approving SEH to perform bridge inspection on box culvert at Neal Avenue and Brown's Creek Resolution 2015-151, approving Northstar Mudjacking & More to perform sidewalk repair work on Fourth Street Resolution 2015-152, resolution approving Agreement with Washington County for Subsurface Sewage Treatment Systems Page 10 of 10 MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE 324 MAIN STREET SOUTH • SUITE #260 * STILLWATER, MN 55082-5165 TELEPHONE: (651) 439-9464 • FACSIMILE: (651) 439-5641 W W W. MAGNUSON LA W FIRM.COM DAVID T. MAGNUSON AMANDA K. DREW DTMAGNUSON RMAGNUSONLAWFIRM,COM AKDREW a MAGNUSONLAWFIRM.COM MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: August 21,2015 RE: City Charter Change Proposed by Charter Commission The Charter Commission has reviewed the City Charter provision that deals with the filing of vacancies in the offices of Mayor and City Council and decided to recommend that the City Council change the City Charter by ordinance to clarify that process, as well as some other small points. The draft is enclosed with this memorandum. A Charter may be changed by Ordinance if the Ordinance is adopted by unanimous vote of the City Council. In the alternative a Charter may be changed by a vote of the people at a regular or special election called for that purpose. Members of the Charter Commission will be in attendance to answer City Council questions. Respectfully, David T. agnuson Stillwa I ity Attorney DTMIJ p Enclosure ORDINANCE NO.: AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: 1. AMENDING. Article 3.03 Filling of Vacancies, upon the effective date of this ordinance is amended to hereafter read as follows: "When a vacancy occurs in the office of Mayor or on the Council, the Council by majority vote of all remaining members shall must appoint another a qualified person to fill the vacancy until the next general election wheil—a—successor can be elected and qualifies to fill the unexpired term of the vacancy to serve the remainder of the term. If this action is not taken within 60 days following the occurrence of the vacancy, a special election shall be called to fill the vacancy, to be held not sooner than 90 days and not later than 120 days following the occurrence of the vacancy, and to be otherwise governed by law. When a vacancy occurs in the office of the Mayor, the Vice -Mayor must fill the vacancy shall act as Mayor until the next general election and until the successor thereto is elected and qualifies vacancy is filled. When the Vice Mayor takes the oath of office and assumes the office of Mayor, the Vice Mayor's City Council seat and office of Vice Mayor become vacant. When a vacancy occurs in the office of Vice Mayor, the Council must elect one of its members to fill the office." 2. AMENDING. Article 5.04 Voting, upon the effective date of this ordinance is amended to hereafter read as follows: "Three Any members of the Council shall constitute a quorum. No action of the Council, except as otherwise provided in Section 5.03e, or when filling a vacancy in the Council, shall be valid unless adopted by the affirmative vote of a majority of a quorum. whose the negative." 3. AMENDING. Article 5.06 Holding Other Offices, upon the effective date of this ordinance is amended to hereafter read as follows: "No member of the Council shall hold any other City employment municipal office or employment, by the Water Board or the Library Board. the compensation of which is paid out of municipal moneys, except as a member of the Board of Equalization. Neither may the any Councilmember be elected or appointed to any office created nor the compensation of which is increased by the Council while a member thereof until one year after the expiration of the term for which the member was elected." 3. SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. 4. EFFECTIVE DATE. This Ordinance shall be effective 90 days from its passage and publication. Approved this day of October, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2015-153 Page 1 LIST OF BILLS 1ST Line/Leewes Ventures LLC Ace Hardware Amdahl Locksmith Inc Chris Armor Security Inc. Aspen Mills Bernicks Board of Water Commissioner Bryan Rock Products Inc. Carquest Auto Parts CDW Government Inc. Century Link Century Power Equipment Clark Dan Coca-Cola Refreshments Comcast CoStar Realty Information Inc Cub Foods Dalco Defensive Edge Training Downtown Idea Exchange ECM Publishers Fastenal Company FleetPride G & K Services Gopher State One Call Inc. Greater Stillwater Chamber Guardian Supply Haussner Plumbing LLC Holiday Companies Holiday Credit Office Hotsy Equipment of Minnesota Jefferson Fire and Safety Inc. Jimmys Johnnys Inc. JRK Seed & Turf Supply Kirvida Fire Inc. League of MN Cities League of MN Cities Ins Tr Loffler Companies Mansfield Oil Company Marshall Electric Company Menards Metropolitan Council Minnesota Mayors Association MN Chiefs of Police Assoc. MN Dept of Labor and Industry Snacks and supplies for concessions Supplies Repair entry lock Quarterly Monitoring Service Uniforms Beverages for concessions WAC Charges Rip rap Auto parts and supplies Computer equipment & supplies Telephone Equipment repair supplies Cleaning service Beverages for concessions Internet & Voice Property professional Employee open house Window washing equipment Course registration - Kyle Sykes Subscription Publications Supplies Equipment repair supplies Mats & Uniforms Tickets Membership Boots Lift station repairs Vehicle washes Fuel Equipment repair supplies Valves Portable restroom rental Athletic mix Vehicle repair Membership dues Workers Comp & Municipality Insurance Network support Fuel Rutherford lift station repairs Supplies Wastewater Charges & Monthly SAC Membership for Ted Kozlowski 100 Permits to Acquire Boiler license 752.20 314.33 271.40 84.00 401.44 71.50 1,287.00 146.12 253.39 7,329.54 145.90 89.85 1,265.00 502.56 229.70 330.23 27.70 2,262.59 690.00 236.50 195.65 23.58 91.72 976.13 1,054.10 810.00 109.99 340.00 290.00 24.85 131.96 409.13 935.00 3,963.50 1,320.32 15,635.00 114,350.25 1,046.25 2,786.57 474.00 826.50 248,243.15 30.00 59.90 40.00 EXHIBIT "A" TO RESOLUTION #2015-153 Page 2 MN Dept of Transportation MN State Fire Chiefs Assn NAPA Auto Parts Office Depot Pepsi Beverages Company Performance Plus LLC Professional Beverage Systems Inc RiedelI Shoes Inc. River Valley Printing Inc. Roettger Welding Inc. Safe Assure Consultants Spartan Promotional Group St. Croix Boat and Packet Co. St. Croix Recreation Fun Playgrounds St. Croix Valley Foundation Stillwater Motor Company SW/WC Service Cooperatives T.A. Schifsky and Sons Tire Pros Auto Service Toll Gas and Welding Supply Trans Union LLC Tri-State Pump and Controls Inc. Truck Utilities Inc. Verizon Wireless Volunteer Firefighters Benefit Washington County Dept of Public Waste Management WS & D Permit Service Inc Xcel Energy Zahl Petroleum Maintenance Co. Zayo Enterprise Networks LIBRARY Ace Hardware AWI Diversified LLC Baker and Taylor Brodart Co Capital Label Inc. Culligan of Stillwater G & K Services MEI Total Elevator Solutions Midwest Tape MN Dept of Labor and Industry Xcel Energy Supplies Annual conference Auto parts and supplies Toner and office supplies Beverages for concession Mask fit Beverage ice machine States 500 Business cards Park facility supplies Safety training Tshirts with logo Dock Space Lease & Ramp cleaning Legends Park Pollinator Friendly - Garden plants 2015 Vehicle service Retiree Health Insurance & Cobra Asphalt Tire repair Cylinders Information Charges Lift station repairs Equipment repair supplies Police Mobile Broadband Fireman's life insurance Hazardous waste generator license Garbage Certification Refund of permits Lowell Park overhead to undrgrd conversion Spill kits Phone Janitorial Supplies Memorial Bench (Margaret Rivers) Materials Materials Processing Supplies Water Towles & Rugs Elevator Repair Materials Boiler License Energy 65.04 290.00 289.76 364.23 934.70 50.00 2,929.92 497.88 44.00 61.00 3,900.00 826.00 3,476.70 22,701.22 200.00 23.59 57,452.63 2,063.68 26.95 169.55 35.00 1,680.00 250.00 477.39 22.00 130.00 35,090.17 290.75 30,000.00 357.84 499.57 87.03 1,500.00 277.48 1,281.94 544.80 14.55 82.54 96.04 767.34 10.00 4,630.30 i1Iwatr THE BIRTHPLACE OF MINNFSDIA City Council DATE: September 15, 2015 REQUEST: Mighty Ducks Grant Application to upgrade air handling units to improve indoor air quality. CC DATE: September 15, 2015 PREPARED BY: Doug Brady, Facility Manager REVIEWED BY: Tom McCarty, City Administrator DISCUSSION The City can receive a grant up to $58,606.50 to improve indoor air quality with matching funds from the City. Grant Applications are due October 1, 2015 with a resolution from the City. By replacing the dehumidifiers units we will be able to bring in additional fresh air to insure safe indoor air quality for our participants and spectators. FISCAL IMPACT The cost for the project is $117,213.00 in which the grant will cover $58,606.50 the balance will be has been budgeted through Capital improvement. RECOMMENDATION That the City Council approve the Mighty Ducks Grant Application so we are able to bring in more fresh air to improve our air quality. MIGHTY DUCKS GRANT APPLICATION MASC. Type of Application: (check one) n New Ice Arena n Indoor Air Quality Improvement n Indirect R-22 Elimination Direct R-22 Elimination MINNESOTA INNESOTA AMATEUR SPORTS COMMISSION Local Government Unit (LGU) City of Stillwater LGU Application Contact (Name, Title, Address, Email & Telephone) J. Thomas McCarty City Administrator/Treasurer 216 N 4th St., Stillwater, MN 55082 tmccarty@ci.stillwater.mn.us, 651-430-8801 Project Name and Physical Address HVAC improvements dehumidfier replacement 1675 Market Dr., Stillwater, MN 55082 Primary Contact (Name, Email & Telephone) Doug Brady recctr@ci.stillwater.mn.us 651-430-2601w, 651-592-0031c Minnesota Tax ID Number 8025442 Federal Employee ID Number 41-6005566 Minnesota House of Representatives District Number of Facility Kathy Lohmer 39B, Karin Housley 39 Include Project Documentation found at mnsports.org/mighty ducks.stm. EXECUTION: IN WITNESS THEREOF, the applicant has caused this application to be executed on the 15th day of September 2015. BY: J. Thomas McCarty Mail three originals of this form to: Minnesota Amateur Sports Commission 1700 105`h Avenue NE, Blaine MN 55449-4500 City Administrator Title RESOLUTION 2015-154 RESOLUTION AUTHORIZING THE CITY OF STILLWATER TO APPLY FOR THE MINNESOTA AMATEUR SPORT COMMISSION (MASC) MIGHTY DUCKS GRANT PROGRAM WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State General Fund, provides for general funds to assist political subdivisions of the State of Minnesota for the fulfillment of the purpose and goals of the Mighty Ducks Grant Program, and WHEREAS, the City of Stillwater desires to complete its project named HVAC improvement dehumidifier replacement at St. Croix Valley Recreation_ Center located at 1675 Market Drive, Stillwater, MN, 55082. THEREFORE, BE IT RESOLVED by the Stillwater City Council as follows: 1) That the total cost of completing the project shall be $117,213.00 and that the City of Stillwater is requesting $58,606.50 from the Mighty Ducks Grant Program and will assume responsibility for a matching contribution of $58,606.50. 2) The City of Stillwater agrees to own, assume 100 percent operational costs for the facility, and will operate the facility for its intended purpose for the functional life of the facility which is estimated to be 20 years. 3) The City of Stillwater agrees to enter into necessary and required agreements with the MASC for the specific purpose of completing the project. 4) That a request for reimbursement be made to the MASC for the amount awarded after the completion of the project. 5) That J. Thomas McCarty, City Administrator for the City of Stillwater is authorized and directed to execute said application and serve as the official liaison with the MASC. Adopted by the Stillwater City Council this 15th day of September, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk St. Croix Valley Recreation Center Mighty Ducks Grant Application Grant #2 Improving indoor air quality Description of Project If the St. Croix Valley Recreation Center is selected to receive the Mighty Ducks Ice Arena Grant we would use the money allotted to purchase and install 2 new desiccant dehumidifiers. Indoor air quality is improved with desiccant dehumidifiers due to the fact that we will increase the amount of outside air being introduced during "purge/Zamboni mode", and we also will have the ability to introduce slightly more ventilation air during normal operation. The desiccant unit efficiency improvement will aid in controlling the space humidity levels so that we can maintain a dew -point that is below the surface temperatures of the glass and structure, thereby eliminating fog, and condensation on the glass and structure in itself. Project budget (2) ARID -Ice model DH-142 packaged desiccant dehumidification units - $107,420.00 (including freight) Curb Mount - $4,500.00 Installation - $5,293.00 Total cost of project - $117,213.00 Mighty Ducks Grant portion - $58,606.50 City of Stillwater portion — $58,606.50 Operating Budget With our current desiccant dehumidifiers our estimated operating budget is about $19,200 a year which is $9600.00 per unit. With the installation of the new DH-142 models that are much more efficient than the older ones we estimate that we will save about 20% or $3,840 annually. With the new models it would also remove the latent load that is put on our compressors to keep the ice temperature where we need it and this would save us even more money throughout the year because the compressors would not need to be run as often. Response to Evaluation Criteria The new CDI model DH-142 desiccant dehumidifiers will be "more efficient" in that for the same amount of input energy (to regenerate the wheel), you will remove approximately (estimate) 20% more moisture as compared to the existing Munters A-20 units SCHWAB • VOLLHABER • LUBRATT, INC. Sv L 4600 CHURCHILL STREET . ST. PAUL, MINNESOTA 55126 . PHONE: (651) 481-8000 . FAX: (651) 481-8621 To St Croix Rec Center Attn: Doug Brady Project St Croix Rec Center Engineer PROPOSAL NUMBER 6603 BID DATE Terms of Payment NET 30 DAYS Delivery Terms Date FOB FACTORY FREIGHT ALLOWED 09/01/15 Desiccant Dehumidifiers (2) ARID -Ice model DH-142 packaged desiccant dehumidification units as follows: • 2" double wall insulated weatherproof construction for outdoor slab mounting location • 5,800 CFM (2.0" ESP) • Outdoor ventilation air package with hood, bird -screen and damper (user selectable modes) of 0%, 20% or 100% emergency purge. Note 100% purge mode may exceed DH capacity) • Push button purge for fixed time resurfacer operation ventilation • Direct drive process fan with premium E motor and shaft grounding • Direct drive reactivation Fan with TEFC motor and operating controls • 30% 2" Filters with pressure drop indicators for reactivation AND process airstreams • 42" DIA, 400 mm advanced silica gel desiccant wheel with all stainless steel cassette • Double lip Viton rotor air seal system • Rotation detector and d chain -drive purge reactivation configuration • Electric reactivation system with CRRC micro -processor reactivation energy rate controller • Unit face mount disconnect switch • Single point power supply • Motor starters with unit controller and interlocks with safety circuits • Room dew -point transmitter with display and remote user interface • Unit mouted graphic annunciator panel • Factory start-up and first year labor warranty by Controlled Dehumidification/SVL Note: Roof curbs are not included. YOUR COST FOR THE ABOVE, FREIGHT ALLOWED $ 107,420.00 (total for 2) Please call with any questions or comments. Sincerely, �y Krems Gary Krebsbach Schwab-Vollhaber-Lubratt, Inc. 651-415-2562 Standard Schwab-Vollhaber-Lubratt, Inc. Terms and Conditions apply to this proposal. Sales & Use Taxes not included. 1/1 `03' ARID -Ice - PROJECT NAME: St Croix Rec August 27, 2015 Controlled Dehumidification 1VS (COIMS) 5931 Foos Court Brighton. MI 48116-810.229.7900 Fax: 810229.7908 • salesecdims.coe, • etlims.com Flow Calculator rev. May 14, 2009 INPUTS UNIT TOTAL AIR VOLUME IS: UNIT OUTDOOR AIR VOLUME IS: UNIT RETURN AIR VOLUME IS: DH ROTOR PROCESS VOLUME IS: 5,800 1,200 4,600 5,800 CFM CFM CFM CFM Dehumidifier Calculated Values 1399 CFM Reactivation Volume 105 FDB Process Out Temp 20 Grains/lb Process Out 284 Reac. Heated -To Temp 1.3 Reac Air Pressure Drop 1.5 Process Air Pressure Drop REACTIVATION DESIGN INLET IS: 50 FOB 53 Grains/lb SUMMER OUTDOOR AMBIENT IS: 83.2 FDB 138 Grains/lb 42 BTUIIb WINTER OUTDOOR AMBIENT IS: -g FDB 2 Grains/lb RETURN AIR CONDITION IS 65 31 21 BTU/Ib SUMMER ROOM CONTROL LEVEL IS: 65 FDB 31 Grains/lb 21 BTU/Ib WINTER ROOM CONTROL LEVEL IS: 50 FOB 15 Grains/lb 14 BTU/lb ESTIMATED SUPPLY FAN HEAT 5 FDB POST -COOL COIL OUTLET TEMP IS: FDB SUMMER POST -HEAT COIL OUTLET TEMP IS: FDB WINTER Optional Reactivation Heat Recovery: RHR Efficency OUTSIDE AIR REACTIVATION OUTLET NM r ..%:::::::: i !lir"' 111 MIXJE�D AIR / OH OUTLET - I BYPASS AIR DH OUTLET BLEND RETURN AIR SUPPLY AIR ) REACTIVATION INLET STATE POINT CFM Summer Winter Project Summary Temp F Grains/lb Enthalpy Temp F Grains/lb Cooling Load Added from DH 21 Tons Outside Air 1200 83.2 138 42 -9 2 Reactivation MBH 354 MBH Return Air 4600 65 31 21 50 15 Reac. MBH w/ RHR Option 354 MBH Mixed Air 5,800 69 53 25 38 12 Unit Moisture Removal Rate 125 Lb/Hr DH Outlet 5800 105 20 38 12 Max Room Humidity Load 42 Lb/Hr Bypass Air 0 69 53 38 12 Max Room Heating Load MBH DH Outlet Blend 5800 105 20 38 12 Suggested Post -Cool Tons Tons Supply Air Outlet 5800 110 20 5 12 Suggested Post -Heat MBH MBH Removal Efficiency Removal Efficiency w/ RHR 2839 BTU/LB 2839 BTU/LB Reactivation Inlet 1399 95 99 -9 2 NOTES: Design Assumes1,200 CFM Outside Air (20% Outdoor air mode) Design Assumes Control Level of 65 FDB and 31 Grains/lb. (35 F Dewpoint) Design includes No Post -Heating or Post -Cooling Sensible Cooling Load added from DH process is 21 Tons Outdoor Ambients Shown are ASHRAE 0.4% Dewpoint design and 99.6% Heating design for Blaine, MN Reactivation Energy is Direct -Fired Natural Gas NOTES: Additional space heating might be required. Recommended minimum arena temperature is 45 F. Design includes Outdoor air damper system for 0%, 20% or 100% Emergency Purge modes Design includes Zamboni Purge module and remote user interface panel Compared to: Brine/ Refrigeration/ Reheat Comparitive Performance Design Air Volume Assumed Coil Leaving Temp Leaving Grains/Lb Leaving Enthalpy Pounds of Water per Hour Removed: Tons of Cooling Required: Removal Efficiency: Reheat Energy Required: 14.77 9,000 CFM *FDB Saturated Gr/Lb BTU/Lb 68 LB/Hr 29 Tons 5092 BTU per Pound of Water Removed 262 MBH to achieve neutral supply air temperature 40 33.5 Brine Refrigeration & Reheat CFM Temp F Grains Enthalpy 'Return Air ( 7,800 65.0 31.0 21 Blend to Brine Coil I 9,000 67.4 45.2 23.3 Conclusions for Project Design Conditions: ARID -Dry Desiccant Unit Advantages: Outdoor Air I 1,200 83.2 137,8 42 Moisture Removal Advantage: Energy Efficiency Advantage: 57 Lb/Hr MORE 2253 BTU LESS for Every Pound of Water Removed! DATE I REV REVISION DESCRIPTION APPROX. PIPING PENTRATION 24.00 2.00 -4 2.00 14.00 48.00 SERVICE CLEARANCE 62 00 SERVICE CLEARANCE 44.00 SERVICE CLEARANCE AIRFLOW 0 THE INFORMATION HEREON IS TO RE TREATED AS CONFIDENTIAL R IS NOT TO RE USED.CONED. OR DISCLOSEDTO OUTSIDE PARTIES WITHOUT ME EXPRESSED WRITTEN CONSENT 22.00 4.00 48.00 SERVICE CLEARANCE 102.00 APPROX. 71 00 APPROX. 5.00 TYP 56.25 123.75 54.00 FILTER ACCESS (20 X 50) ELECTRICAL VESTIBULE ACCESS (21 X 43) U A 4.00 7 �f 1.00 13.50 US zsst ROTOR/FAN ACCESS (36 X 50) ROTOR ACCESS (12 X 48) PIPING VESTIBULE ACCESS (26 X 28) SECTION A -A LUFTING LUGS (4) EARID-IceRM Controlled Dehumidification INS (calls) 5931 Ford Court Brighton, MI 49116.810229.7900 Fox: S10229.7908. 681e6FCdIma.DOm • cdImo.cOFn BURNER ACCESS (16 X 21) -� 3.00 UNIT INFORMATION MODEL NO. ARID-142.5.8-DSOTTLORM SUPPLY CFM @ ESP 5800 @ 2.0 W.C. BHP / RPM 8.20 / 3500 BLOWER MODEL 18" BIA SWSI, CLS 275%W MOTOR HP / RPM 10 13600 MOTOR TYPE TEFC TECO PREM. EFF. MOTOR FLA 11.5 Iu = LL FILTER SIZE & QTY (1) 25x25x2 & (3) 16x25x2 FILTER STYLE 30% AEROPLATE III REACTIVATION CFM @ ESP 1,622 @ 0.0 W.C. BHP / RPM 2.46 13490 BLOWER MODEL 14" BIA SWSI, CLS 260% W MOTOR HP / RPM 3 / 3600 MOTOR TYPE TEFC TECO PREM. EFF. MOTOR FLA 3.5 GAS CONNECTION SEE 3/4" NPT MAX REACT. MBH 417 FUEL TYPE NATURAL GAS GAS PRESSURE 2 PSIG MANIFOLD PRESSURE 2.6 W.C. PIPING DIAGRAM NO. 040331 ARID ICE I- -1 L FILTER SIZE & OTY (1) 24x24x2 FILTER STYLE 30% AEROPLATE III SUPPLY V LTAGE 460V 3-PHASE 60HZ UNIT FLA 16.1 UNIT MCA 21 AMP UNIT MOP 35 AMP ELECTRICAL DWG NO. 015250-001-E01, E02 NOTES: 1. UNIT IS CONSTRUCTED FOR OUTDOOR APPLICATION. CASING IS 2" DOUBLE WALL CONSTRUCTION USING MILL FINISHED G-90 GALVANIZED STEEL. 2. UNIT IS FULLY INSULATED WITH 2" THE. 3 LB. DENSITY FIBERGLASS INSULATION. REACTIVATION OUTLET TUNNEL IS LINED WITH 304 SS. 3. UNIT SHIPS IN ONE PIECE PLUS HOODS WEIGHING APPROX 3.800 LBS. OUTSIDE AIR DAMPERS, HOODS AND VESTIBULE SHIP LOOSE. 4. UNIT BASE IS FOR PAD, RAIL OR CURB MOUNTING. 5. UNIT EQUIPPED WITH OPTIONAL SUPPLY AND RETURN OPENINGS THAT ARE PLUGGED. 6. REMOTE USER TERMINAL AND ZAMBONI PURGE TIMER SHIP LOOSE FOR MOUNTING AND WIRING BY OTHERS. 7. SPACE DEWPOINT TRANSMITTER SHIPS LOOSE FOR MOUNTING AND WIRING BY OTHERS. CAD GENERATED DRAWING, 00 NO' MANIIALIY UPLWE l APPROvgLS DAB - - OPENING TOIFRANCES ARE: DRAtWN - - - FRAaRx+T DFCLMIJs ANAAFS TROY _I5-28-14. :Id ;E IRc�Eo UMTTOIERAHCEFSARE E.2 FE5C•DSU DFSAI T ANGLF UNLESS OTHERWISE SPECIFIED x Ile' t. Sn z DIMENSIONS ARE IN INCHES LOCA'ON TAG ISI MODEL. DWG NO ARID-142-5.8-DSOTTLO RM 015250-001 SHEET 1 OF 1 suE IREV MASC % /0- MINNESOTA DUCKS Ice Arena Grant Program 2015 Application ,AMATEUR AMATEUR c M ISION GENERAL INFORMATION ^COMMISSION MASC./00•0 MINNESO The State of Minnesota, acting through its agency, the Minnesota Amateur Sports Commission (MASC), is seeking proposals from interested communities to improve and develop ice arenas. Minnesota communities will be eligible to be awarded grants for developing new ice arenas, improving indoor air quality in ice arenas, or eliminating R-22 refrigerant. Grant applications must come from a local government unit (LGU), a political subdivision of the State. The LGU will be the fiscal agent for the grant funds and will execute the application form and resolution. Other entities can be the owner and/or operator of the ice arena, thus the beneficiary of the grant award. The grants are for reimbursement of costs for completed projects. Communities can only apply to one of the four grant types. The MASC reserves the right to cancel or amend this solicitation if it is considered to be in its best interest. Grant Types There are four types of grants to assist Minnesota communities in: 1. Developing new ice arenas, 2. Improving indoor air quality, 3. Eliminating R-22 refrigerant for direct systems; and 4. Eliminating R-22 refrigerant for indirect systems. The result of a successful grant shall be to establish and improve ice arenas capable of hosting all ice sports competitions and training as well as maximize the community's ability to generate economic benefits by promoting ice sports programming for females and males. Goals The MASC intends for this grant program to accomplish the following goals: 1. Encourage communities and organizations to work in partnership to develop and operate ice arenas. 2. Where possible, to encourage communities and organizations to develop arenas with multiple sheets of ice in order to reduce both construction and operating costs. 3. Provide increased opportunities for female ice sports participation. 4. Encourage the development of ice arenas that serve community sport and non -sport needs and ensure non -hockey groups will also have adequate access to the arenas. 1 Tasks Respondents are asked to complete the following tasks: Complete responses to the content sections of the application, including addressing the evaluation criteria. 2. Respondent may submit additional information and documentation if they enhance the goals of the project. 3. Successfully comply with the grant terms and complete the project on a timely basis. Agency Contacts Prospective responders who have questions regarding this application may contact: Mark Erickson Lynda Lynch 763-785-5662 763-785-5631 merickson@mnsports.org mnsports.org llynch@mnsports.org mnsports.org Other agency personnel are NOT allowed to discuss the proposal with anyone, including responders, before the proposal submission deadline. Interested applicants can review and complete an application on the agency's website: www.mnsports.org/mighty ducks.stm or request an application from the above contacts. Deadline All applications must be postmarked no later than Thursday, October 1, 2015. Send three copies of the application to: MASC — Mighty Ducks Grant 1700 105th Avenue NE Blaine, Minnesota 55449 A complete application will include: 1. Application Form 2. Resolution of LGU 3. Responses to content sections of one of the four specific types of grant listed below. These responses should address the selection criteria. Grant Amount The MASC is authorized by the 2015 Legislature to appropriate up to $2,000,000 for this program, with limitations on each individual grant amount listed below. Respondents must demonstrate how they intend to augment the state grant with matching funds. New Ice Arena Development. Communities may apply for up to $250,000 for new ice sheets with a minimum 1-to-1 dollar match from non -state sources. No grants will be awarded to new arenas that include R-22 refrigeration systems. 2 2. Indoor Air Quality Improvement. Communities may apply for up to $200,000 for new electric ice resurfacing equipment or for the replacement or renovation of HVAC systems to improve indoor air quality with a minimum 1-to-1 dollar match from non -state sources. 3. Direct R-22 Refrigerant Elimination. Communities may apply for up to $400,000 to replace an existing R-22 direct refrigeration system with a minimum 1-to-1 dollar match from non -state sources. 4. Indirect R-22 Refrigerant Elimination. Communities may apply for up to $50,000 to replace an existing R-22 indirect refrigeration system with a minimum 1-to-1 dollar match from non -state sources. Project Completion For 2015 grant award recipients, the project must be completed within sixteen months after the grant contract is executed. APPLICATION FORM 1. Enter the name of the Local Government Unit (LGU) responsible. This is the agency with whom the grant agreement will be executed. 2. The LGU Application Contact is an official that can legally sign agreements and will receive all official communications. 3. Project name and physical address. 4. The Primary Contact is an individual who will have direct responsibility for the day-to- day activities of the project and to whom project inquiries can be directed (e.g. Director of the Parks and Recreation Department, Mayor, City Manager, County Engineer, President of the Youth Hockey Association, etc.). 5. Minnesota Tax ID Number of the LGU. 6. Federal Employer ID Number. List the federal employer identification number assigned to the LGU by the Internal Revenue Service. 7. Minnesota House of Representative District Number where the facility is located. See gis.leg. mn/OpenLayers/d istricts/ 8. Signature of authorized official of the LGU, such as Chairperson of the County Board, Mayor, or other person as authorized by resolution from the LGU. Submit three originals of the application form and three copies of all application materials listed below for the correct type of application. RESOLUTION OF LOCAL GOVERNMENT UNIT The LGU is required to execute a resolution which authorizes filing of the application and the execution of final agreements with the MASC if their project is selected. 3 GRANT 1: DEVELOPING NEW ICE ARENAS Geographic Location. Prepare a geographic location map which clearly illustrates the location of the proposed project. Site Plan. Provide an architectural rendering of the arena including the location of the ice sheets. Agreements and Arrangements. Include a copy of any legal agreements or arrangements with other organizations or governmental agencies participating in the project. An example would be a joint powers agreement for responsibility of operations and/or maintenance between municipalities, school districts, youth sports associations, private non-profit corporations, foundations, etc. Operations and Maintenance Statement. Briefly describe the plan for operations and maintenance of the arena. Indicate: 1. Party responsible for operations and maintenance. 2. Source of operations and maintenance funds. 3. Length of time the arena will be open on a seasonal, weekly, and daily basis. Note: Government project sponsors are prohibited from converting any portion of the project or non-public or non -sport uses or transferring ownership of the property without the approval of the MASC. Government sponsors may contract or lease operations to a non-public entity, but ultimate ownership and operational responsibility must remain with the original public sponsor. Local Financial Commitment. The LGU is required to provide either documentation of funds secured or demonstrate how it intends to fundraise for the local financial commitment. A written plan should be submitted on how the community intends to raise the funds including a timeline for completion. Please include any evidence of past fundraising efforts in the community of a similar size and scope. If the community intends to use a local bond issue please indicate the date of intended bond issue vote or government board vote. Economic Impact Analysis. A goal of the MASC is to bring a new net economic impact to Minnesota communities through the development and use of sport facilities. The local government applicant is required to demonstrate the economic impact of the proposed sport facility. The economic impact study should concentrate on the numbers of visitors, including out-of-state visitors who will travel to the site to participate in sporting events at the proposed facility. The applicant should outline a typical annual schedule of events with corresponding economic impact. Budgets. Submit a complete construction budget and annual operating budget for the new or expanded ice arena. Response to Evaluation Criteria. Either within the above sections or in a separate section, provide material responsive to the Evaluation Criteria for Developing New Ice Arenas below. 4 GRANT 2: IMPROVING INDOOR AIR QUALITY Local Financial Commitment. The LGU is required to provide either documentation of funds secured or demonstrate how it intends to fundraise for the local financial commitment. All awards must be matched by non -state funds equal to or greater than the award amount. Description of Project. Indicate whether the project is purchasing a new electric ice resurfacer or a different mechanism to improve the indoor air quality of the arena. If the latter, describe the project, how it will improve indoor air quality, and by how much it will improve. Project Budget. Submit a complete budget for the project. Operating Budget. Describe the annual operating costs of the current system and compare it to the annual operating costs after the improvement. Response to Evaluation Criteria. Either within the above sections or in a separate section, provide material responsive to the Evaluation Criteria for Improving Indoor Air Quality below. GRANT 3: ELIMINATING R-22 REFRIGERANT FOR DIRECT SYSTEMS GRANT 4: ELIMINATING R-22 REFRIGERANT FOR INDIRECT SYSTEMS Local Financial Commitment. The LGU is required to provide either documentation of funds secured or demonstrate how it intends to fundraise for the local financial commitment. All awards must be matched by non -state funds equal to or greater than the award amount. Description of Project. Indicate whether the project will replace a direct or indirect refrigeration system and what the new refrigerant will be. Project Budget. Submit a complete budget for the project. Operating Budget. Describe the annual operating costs of the current refrigeration system and compare it to the annual operating cost for the new system. Response to Evaluation Criteria. Either within the above sections or in a separate section, provide material responsive to the Evaluation Criteria for Eliminating R-22 Refrigerant below. EVALUATION CRITERIA The MASC Board will make final determinations for grant awards. The MASC will prioritize the grant awards based on satisfying the goals of the program as stated above, the legislative requirements expressed in statute, and on the following specific criteria for each grant type: Grant 1: Developing New Ice Arenas 1. Demonstration of the ability of the applicant to perform. 5 a. Proof of committed resources necessary to develop and construct a new ice sheet (including the proposed state grant). b. A site plan and preliminary architectural plans. c. Owner and Operating Agreements established. d. Proof that the land for the site is committed or secured. e. An established timetable for construction to meet MASC project deadlines. f. An operating pro forma budget that shows the financial viability. 2. Demonstration of the need for a new ice sheet. a. Demonstrate that an adequate participation base exists or can be developed within one hour drive from the arena. 3. Demonstration of Partnerships. a. Documentation that applicant has formed public and private partnerships to develop and operate the ice arena which may include cities, counties, school districts and private non-profit groups. Grant 2: Improving Indoor Air Quality 1. Replacing non -electric resurfacing equipment with electric -powered units. 2. Expected amount of indoor air quality improvement. 3. Ratio of matching funds. A higher than 1-to-1 ratio will be favored. Grant 3: Eliminating R-22 Refrigerant for Direct Systems Grant 4: Eliminating R-22 Refrigerant for Indirect Systems 1. Demonstrated financial need. 2. Partnerships between and among local government units and/or private non-profit groups. 3. Increases in operating efficiency, both monetary and environmental. LEGISLATIVE PRIORITIES Applicants should note the specific statutory priorities found in Minnesota Statutes Section 240A.09, as amended in 2015. Specifically, priority will be given to: • Replacement of ice -making systems in existing public facilities that use R-22 as a refrigerant with systems that use an alternative non -ozone -depleting refrigerant. • Indoor air quality improvements: o Acquisition of zero -emission ice resurfacing and ice edging equipment, o Renovation or replacement of heating, ventilating, and air conditioning systems in existing indoor ice arenas whose ice resurfacing and ice edging equipment are not powered by electricity in order to reduce concentrations of carbon monoxide and nitrogen dioxide. 6 • Proposals that come from more than one local government unit. DISTRIBUTION OF AWARDS To the extent possible, the MASC will attempt to distribute the awards equitably to the eight U.S. Congressional Districts in Minnesota. STATE CONTRACT RULES State of Minnesota contract rules will apply to this project. Updated: August 27, 2015 7 r Administration TO: Mayor & City Council FROM: Diane Ward, City Clerk DATE: 9/11/2015 RE: 2015 Harvest Fest Summer Tuesdays Inc. has made application for a Special Event Permit to host the Harvest Fest on October 10 & 11. Typically staff estimates costs based on the Special Event application the Organization provides to the City. Some of the services costs for this event will be removed/reduced however costs seem to change up to the date of the event which makes it difficult to estimate costs. As with all events, City Services will be invoiced after the event based on ACTUAL services used. Usually the Organizer is to pay the estimate of costs 3 weeks prior to the event. In this case the Harvest Fest is this weekend and payment should be made no later than September 30, 2015. The venue that will be used is North Lowell Park. Set up begins at Noon to 6 pm on Friday, October 9th. The Harvest Festival would be open to the public on Saturday & Sunday from 10 am to 6 p.m. Tear down would occur from 6 p.m. to 9 p.m. Sunday evening. All parking spots in Lots 4 and 5, will be reserved all day Friday through Sunday. The lots will be posted by the Police Department for the event on Thursday evening. The organization has requested, one -day Temporary Liquor License, for the beer/wine tastings on Saturday from 1-5 p.m. The City's Special Event Policy requires a police officer when there are over 75 people and alcohol is served or consumed (this includes weddings in our parks, etc.). As discussed with Captain Meredith, 2 police officers will be required for the area (large tent) when alcohol is served for the beer/wine tasting. Also two reserve officers will be present on Sunday from 1-6 p.m. The fees below are based on what is known at this time, and will be adjusted based on actual costs. Consumption Permit (as required in contract) ($35.00/day)$35.00 Temporary Liquor License ($25/day) $25.00 Type III Barricade (2 @ $5/day) $20.00 Fee for Parking Lot #4, 5 Park Usage Fee = Park Deposit (on file) = Amphitheater -2 days Portable Restrooms = (4 X $60.00) Lowell Park Elec. Use (6 boxes @ $20.00/day) Water Shutoff Key Deposit (on file) Officers for Alcohol Service (Saturday - 1-5 p.m.) Reserve Officers (Sunday -1-6 p.m.) Cleanup of the Pumpkin Drop by City Crews ESTIMATED TOTAL = $162.00 $500.00 ($750.00) $250.00 $240.00 $240.00 ($50.00) $613.12 $150.00 To Be Determined $1,435.12 The above items, as well as providing Liquor Liability Insurance, will need to be paid by September 30, 2015. ACTION REQUIRED: Review and if Council wishes to approve the event and contract they should pass a motion adopting a resolution entitled "APPROVING THE 2015 HARVEST FESTIVAL SPECIAL EVENT AND CONTRACT' RESOLUTION 2015-155 APPROVING THE 2015 HARVEST FESTIVAL SPECIAL EVENT AND CONTRACT BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the 2015 Harvest Festival Special Event and Contract are hereby approved and authorize the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 15th day of September 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk 2015 HARVEST FEST AND GIANT PUMPKIN WEIGH -OFF AGREEMENT THIS AGREEMENT, between the CITY OF STILLWATER, Washington County, Minnesota ("City), and SUMMER TUESDAYS, INC., a Minnesota non-profit corporation and the STILLWATER CONVENTION VISITORS BUREAU a 501 c Non -Profit, ("Organizer") 1. Harvest Fest & Giant Pumpkin Weigh -Off. The City has encouraged Harvest Fest & Giant Pumpkin Weigh -Off ("Event") in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Dates and Hours of Event. Operations are limited as follows: Setup: Friday, October 9 — Noon — 6:00 p.m. Event: Saturday, October 10 — 10:00 a.m. — 6:00 p.m. Sunday, October 11 — 10:00 a.m. — 6:00 p.m. Cleanup: Sunday, October 11 — 6:00 p.m. — 9:00 p.m. 3. Event/Alcohol. The Organization has been granted authority to dispense intoxicating Liquor at the Stillwater Harvest Fest. It is the purpose of this Agreement to set forth the terms and conditions that will control the dispensing of Liquor at the Event. Event is holding a beer/wine tasting only on Saturday, October 10, from 1-5 p.m. There will be no actual sale of alcohol during the event. a. The Area. The area where dispensing of Liquor will be permitted in a contained area as advised by the Police Department. b. Fencing. The Area must be securely fenced by the Organization. The fencing must be adequate to insure that alcohol sales and consumption remain inside the fence. A breach of the fence is grounds for the Police Chief to terminate all alcohol sales in the area. The adequacy of exiting in the fence must comply with the Minnesota Code as administered by the City Fire Chief c. Security. For the purpose of this plan, all Entry/Exit gates to the Area must be controlled by security/police personnel while alcohol is being served. At each of these entry/exit points, a paid professional security guard/police personnel must be in place to insure that no beer or liquor enters or leaves the Area. d. Types. No Liquor is allowed in the Area except that Liquor which is sold by the Organization. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. e. Signs. Signage will be prominently displayed at each entry/exit point the number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the Area, as well as prohibition against participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. f. Identification. The Organization will provide at no charge liquor identification bracelets. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. Page 1 of 5 g. Compliance. The Organization shall obtain a temporary liquor license for beer/wine tasting on Saturday, October 10 and also obtain an alcohol consumption permit for the same days with respective fees paid to the City. Prior to opening date of the Stillwater Harvest Fest, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under -age consumer, sales after hours, over -serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Event. h. Inspection. The Organization acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43-8, which authorizes that all premises from which intoxicating Liquor is offered at on -sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. i. Liquor Liability Insurance. The Organization agrees to provide the City an insurance certificate for Liquor Liability during the event by September 30, 2015. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 6. Security. Lessee shall confer with the Chief of Police as to the advisability of closing the Levee Road (Lowell Park) and shall hire any security personnel/police personnel the Stillwater Police Chief requires. Should the City have to hire outside agencies, the City will invoice the Organizer for any additional costs. 7. Use of Parking Lots. THE ORGANIZER IS AWARE AND WILL INFORM ALL VENDORS AND EVENT PARTICIPANTS THAT STAKING INTO THE ASPHALT, ETC. IS NOT ALLOWED (ANY DAMAGE REPAIR WILL BE PAID FOR BY THE ORGANIZER). The Event is given use of all spaces in Lot 4 and 5 to be used Friday through Sunday. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. 8. Park Property. a. The Organizer agrees to submit a user's park fee of $500.00 payable to City by September 30, 2015. b. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 9. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system cannot be damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a Page 2 of 5 deposit must be made to the City in the amount of $750.00 and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the Event. 10. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services and materials, needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e. neighborhood meeting expenses and/or city equipment) shall be received by the City no later than September 30, 2015. Failure to make the payment will result in the cancellation of the Event. In the event of a cancellation of this Event after the deposit or fees are made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 11. City Services. The type and amount of materials needed for the Event will be deteiiiiined by the Public Works Superintendent. The Organizer shall be required to provide portable toilets to augment the existing facilities, barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. Portable Toilets. The Organization must furnish at least 4 portable restrooms, with hand sanitizing to facilitate expected crowds. Additional portable restrooms must be provided by the Event Organizer if deemed necessary to protect public health as determined by the Public Works Department. b. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security and supervision for the restrooms. If the Event Organizer does not have the manpower to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer's intent on maintaining the City restrooms. c. Barricade Placement. i. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on October 9 at the parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure for the Event. ii. The City will deliver 2 Type III barricades for placement by the Organizer during their event on Saturday and Sunday. d. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. e. Electricity and Water. i. Each electrical box needed for the Event will be opened by the City on October 9, 2015. The Organizer shall be charged for the use of each electrical box according to the peiiuit fee schedule. Page 3 of 5 ii. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. iii. The City shall provide the Organizer a key for the water shut off valve. The Organizer shall provide a $50 deposit for such key and will be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Monday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Monday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 12. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. c. The Organizer agrees to provide 1 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 13. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear by September 30, 2015. 14. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 15. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this day of September 2015. SUMMER TUESDAYS, INC. By: Its: Page 4 of 5 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON On this day of appeared the the free act and deed 2015, before me, a Notary Public within and for said County, , to me personally known, who, being duly sworn, did say that he is of the SUMMER TUESDAYS, INC. and that this instrument was signed as of the corporation. Notary Public STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk On this day of 2015, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Diane F. Ward, to me personally known, that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public Page 5 of 5 ter THE OtOTHFL5CE OF ti INhIES tA EVENTS PERMIT APPLICATION 216 North 4th Street, Stillwater, MN 55082 Telephone: 651-430-8800 Fax: 651-430-8809 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 7 Z-5 2-0/5- Office Use Only Date Application Received Type: Event Special Eve Event Information Title/Name of Event Event Date/Time: Set up: Date / Time g--/001--k to C Actual Event: Date ' PG" /0 it- 7/ Time /a to ,,,, 21-1_ Clean up: Date ‹.--vilAy- 60C1- // Time t.--- - to _14 (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) Description Of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) '/.'-' -744 -Prx-e---5- _ce e 5- e'- zl'-‘6?-5.71: t'' 5 44-e',A4 717V77)aM/6)/.T/t)54' , a,,,2( e-e.--•e_ „..5a__, I A. a,-,../d ieee-=.47/ /(0,/-- .71-2.e_ 4 Pe4-)y- 41.--,i/- 7,/,' i -•.,,/. z.--, B- 77.-eicjo - ,< 2:4 4), r)1 2j)iC ae-',0( -/-4- A"/ /er5' ' ,-./t/e<- Estimated Attendance (participants and spectators): 7206-7 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: __,.."1_ /tie,...5A Mailing Address: /0/ 7y-/7/0,,, _....f:5;•L City, State, Zip Code: /7/4e/4- fey' „Olt/ ___----5----(7) 2 Primary Contact/Applicant Name: 2--7 Phone Number: 77 — Fax: — Cell Phone: 4-c- ! i Email Address: Si A kitel, ,----- , ,-- „ Website Address: ,,,/z4j 4 .e/e,57, -----"yy/a' .....4.: -e.,--: Name of contact person during event: i,,,,----) All lei", Cell Phone: Alternate contact during event; Cell Phone:/2_ k y -e-),- Refer media or citizens inquires to: Phone: 7.,>./ z...5-,.._ 2 2,5 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No O Yes Number and size: /) '( ) ,. - f ,-7 Will there be any inflatables? No Yes ■ Insurance certificate from rental vendor is required Fees for electricity may Will there be entertainment? No ■ Yes yf What type: r /�i, l apply see Instructions Will sound amplification be used? No ■ Yes Hours and Type:: j0 _/ / Will a stage or tent(s) be set up? No ■ Yes g Dimensions: / 0% Will there be temporary fencing? No ■ Yes X How many Fees for electricity may Will merchandise/food items be sold? No ■ Yes f vendors expected: C/ apply see Instructions Will food be prepared on site? No ■ Yes g Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No • Yes yi. Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No ■ Yes ' See Alcohol Regulations in the Instructions Will alcohol be sold? No ■ Yes lEt See Alcohol Regulations in the Instructions Will there be a fireworks display? No Xj Yes ■ Permit required, contact Stillwater Fire Department, 651-351-4950 Describe powe needs and location of power source. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available _. , o ///,e f = .ors , c,,%"- et-- f'': %77''r.. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. Z.-07i5 /"'-: 4-eill v, _5f City Streets or Right-of-way No ■ Yes Start/End Time: fix'' y1-� - " Date:/4'q- As//) .2 City Sidewalks or Trails No ■ Yes ■ Start/End Time: Date: Public Parking Lots or Spaces No ■ Yes .Z- Start/End Time: ,ter / ao,r Su. 9Date: / 4 -/7'7? Fees may apply Will event need barricade(s)? NoA Yes IN Number needed: see Instructions Fees may apply Will extra picnic tables be needed? No - Yes ■ Number needed: f see Instructions Will portable restrooms be needed? No © Yes Number needed: Fees may apply see Instructions Fees may apply Will extra trash receptacles be needed? No ■ Yes Number needed: see Instructions Describe trash removal and cleanup plan during and after event: d Will event need traffic control? No Yes • Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: A /f OlvA 7 reGZir// _ -eG -ei 7. ,v 57LiC. f Cf'Ce.�5 5 71E7 Fees may apply see Instructions Will "No Parking Signs" be needed? No XI Yes ■ Number needed: Show location(s) on site map Will event need security? No ■ Yes ,Fig If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No ■ Yes Contact Lakeview EMS, 651-430-4621 .r Describe plans to provide first aid,if needed: % j J / --- Describe the emergency action plan if severe weather should arise: _ 4& f/% GZ.'�f G.°%lc...- t..^'yr`a^"mil e-i / 74 e',:- '4-74- ,- ., 57,--e e"...1 .-' j,e- List any other pertinent information: `�//, /�—�2(/ // 7�P :`,, i1 /`�rr//i ! �di d/-k /' // The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" maybe required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stil ter and is a elease of Liability. Signe of Applicant or Authorized Agent Date ve Lot 2 -- 84 spaces ot 3 -- 35 spaces Lot 4 — 29 spaces Lot 5 — 7 spaces Lot 6-16,spaces Lot — 16 spaces Lot 8a -- 50 spaces Lot 8b 89 spaces Lot 9 — 30 spaces Lot 1 0°-=- 49 spaces Lot 11 45 spaces Lot 12 - 85 spaces Lot 13 -- 28 cnarsac Lot 14 - 15 spaces Lot 15 20 spaces Lot 16 - 47 spaces Lot 17 -103 spaces Lot 18 — 53 spaces. Lot 19 — 83 spaces Lot 20 - 2.2 .ape Ramp — 248 spaces Total = 1,260 spaces } 1 f1 8m re earved co-op Customer: ? easave 0 7---,e_esiv.ce-, InG MINNESOTA DEPARTMENT OF PUBLIC SAFETY Alcohol & Gambling Enforcement Name of organization Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Date organized Summer Tuesday Inc 06/09/2011 Address 101 Water Street South Name of person making application City Stillwater Charles Dougherty Date set ups will be sold October 9, 2015 Organization officer's nam Charles Dougherty Add New Officer Location where permit will be used. If an outdoor area, describe. Lowell Park State Tax exempt number 45-2531996 Zip Code 55082 Home phone Minnesota Business phone 651-439-6000 612-414-0865 Type of organization Club Charitable Religious ® Other non-profit City State Zip Stillwater Minnesota 155082 If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Auto Owners Insurance $1,000,000 APPROVAL APPLICATION MUST BF APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT k5 City/County ACitee Amount Date Fee Paid Signature City Clerk or County Official Date Approved Permit Date Approved Director Alcohol and Gambling Enforcement NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event. Page 1 of 1 iliwater Administration September 8, 2015 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Amendment to Liquor License - LoLo American Kitchen- 233 Main St S DISCUSSION: Joe Ehlenz and Brad Nordeen, managing partners of LoLo American Kitchen, has requested an amendment to their liquor license premises to include a patio for their restaurant. They are working with the building department on this change, and I have attached a drawing of the patio and seating. Alcohol & Gambling Enforcement Division requires the drawings be approved by the City Council to amend their liquor license to include the patio as part of their premises for the sale of intoxicating liquor. RECOMMENDATION: Staff recommends approval with conditions as follows: 1. Amendment to premises shall be as shown on the drawing submitted to the City Clerk, with gate location to be determined by y the City Clerk or Building Official, to not allow liquor on the existing handicap ramp. 2. Installation of signage that read "NO ALCOHOL BEYOND THIS POINT" which shall be two inches tall in contrasting letters with locations as determined by the City Clerk or Building Official ACTION REQUIRED: If Council wishes to approve the addition of the patio to their liquor licensed premises, Council should pass a motion approving a resolution allowing the parking lot with condition as stated above and authorizing staff to submit the required information to Alcohol & Gambling Enforcement Division. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us RESOLUTION 2015-156 RESOLUTION APPROVING THE ADDITION OF PATIO TO LIQUOR LICENSE PREMISES LOLO AMERICAN KITCHEN WHEREAS, Joe Ehlenz and brad Nordeen, Managing Partners of LoLo American Kitchen an amendment to their liquor license premises to include a patio located at 233 Main Street South; and WHEREAS, State Statute restrictions state the premises are "compact and continuous", and WHEREAS, adding this to their licensed premises, it would allow the LoLo American Kitchen to "serve alcohol" on their patio. BE IT RESOLVED, that the Stillwater City Council hereby approves the addition of a patio to LoLo American Kitchen's licensed premises located at 233 Main Street South, conditioned upon the following: 1. Amendment to premises shall be as shown on the drawing submitted to the City Clerk, with gate location to be determined by y the City Clerk or Building Official, to not allow liquor on the existing handicap ramp. 2. Installation of signage that read "NO ALCOHOL BEYOND THIS POINT" which shall be two inches tall in contrasting letters with locations as determined by the City Clerk or Building Official Adopted by the Stillwater City Council this 15th day of September, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk LOLO American Kitchen 233 South Main Street Stillwater MN 55082 AMERICAN KITCHEN S CRAFT HAR To: City of Stillwater 8/29/2015 The patio at Lolo will be served and controlled through many proven processes that all work harmoniously. Seating will be organized through our current program which is controlled by our experienced hosts. Servers and managers will act as the control for consumption, behavior and age verification. Having an enclosed patio gives our clientele the idea of where service and consumption is acceptable. Signage, managers and staff stating rules for the patio will also help control the actions of customers within its confines. Years of experience from the management team with patios will help not only the consumer, but also the customer in their experience inside the patio at Lolo. Alcohol consumption will be monitored by our current employees, managers on duty, as well as through the use of cameras on the patio. The use of cameras will allow us to view all potential issues with the sale of alcohol beyond the ability of our experienced senses. Signs alongside the patio will read "No alcohol past this point", emphasizing the bounds of acceptable consumption. Employees will also continue to closely monitor patrons for age verification. The gate to the patio will remain open during hours of operation. Through the use of our current employees and managers, vocal messages will be relayed as to seating, hours of operation, and expectations of behavior on our patio to clientele. Our ownership team alongside our management team will maintain high standards of operation for our patio having had countless years of experience. Lolo already has a reputation for high standards in food and their cocktail program and will continue to do everything in our power to maintain our standards and relationship with city. Lolo's patio will be open alongside their current hours of operation which include but are not limited to being open at 11:30 AM every day, and being served until 10PM on the weekdays and 11PM on the weekends. Joe Ehlenz Managing Partner Brad Nordeen Managing Partner nx-rdu,_ rn -a C) 0 Lid z 111,0- CaYemoblY1 • y Ald•ralk A vp I ti1IwaEer Administration To: Mayor and City Council From: Diane Ward, City Clerk Date: 9/10/2015 Subject: Transfer of Off -Sale Liquor License A liquor license application has been received from Brian Schutte for the transfer of the Off - Sale liquor and Tobacco licenses from Hansen's Liquors to City Sliquors, Inc., DBA: City Sliquors located at 118 Chestnut Street E. Approval for the license should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: If Council desires to transfer the Off -Sale liquor license they should pass a motion to adopt a resolution entitled APPROVING THE TRANSFER OF THE OFF -SALE LIQUOR AND TOBACCO LICENSES TO CITY SLIQUORS, INC., DBA: CITY SLIQUORS. RESOLUTION 2015-157 APPROVING THE TRANSFER OF THE OFF -SALE LIQUOR AND TOBACCO LICENSES TO CITY SLIQUORS, INC., DBA: CITY SLIQUORS WHEREAS, a liquor license application has been received from Brian Schutte for the transfer of the Off -Sale liquor and Tobacco licenses from Hansen's Liquors to City Sliquors, Inc., DBA: City Sliquors located at 118 Chestnut Street E; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of the Off -Sale liquor and Tobacco licenses conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Stillwater City Council this 15th day of September 2015. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk ilk Administration TO: FROM: DATE: SUBJECT: Mayor and City Council Members Tom McCarty, City Administrator September 4, 2015 Labor Agreement between City of Stillwater and the Stillwater Firefighters Association The City of Stillwater and the Stillwater Firefighters Association have concluded negotiations for a successor labor agreement for 2015 and 2016 and the Stillwater Firefighters Association membership has voted to approve the agreement. Changes in the contract language include: • Contract Duration - 2 year agreement, January 1, 2015 through December 31, 2016 • Wages - 3% increase - 2015; 3% increase - 2016 • Health Insurance - Retain employer contribution for 2015, increase employer contribution for family plan by $20 for 2016; • Affordable Care Act - Includes language regarding the Affordable Care Act (ACA) - in the event health insurance provisions of the contract are found in non-compliance with the ACA, the parties will meet to bargain over alternative provisions to comply with the ACA. • Physical Fitness Activities - Added a provision to allow employees to perform physical fitness activities for up to one hour during a 24 hour shift providing it does not interfere with the work schedule and daily activities. • Savings Clause - Added language providing that should any provision of the contract be declared to be contrary to law by a court or administrative ruling, the contract provision shall be void and all other provisions of the contract remain in full force and effect. The voided provision may be renegotiated at the request of either party. RECOMMENDATION The proposed Labor Agreement between the City of Stillwater and the Stillwater Firefighters Association is consistent with direction from City Council for labor negotiations. The Stillwater Firefighters Association membership has approved the 2015-2016 labor agreement. Increased contract costs are included in the approved 2015 budget and are also included in the proposed 2016 budget. Therefore, staff recommends adoption of resolution entitled "approving the 2015-2016 Labor Agreement between the City of Stillwater and the Stillwater Firefighters Association." RESOLUTION 2015-158 APPROVING THE 2015-2016 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND STILLWATER FIREFIGHTERS ASSOCIATION BE IT RESOLVED, by the City Council of Stillwater, MN that the 2015-2016 Labor Agreement between the City of Stillwater and Stillwater Firefighters Association, as on file with the City Clerk is hereby approved with the following changes: • Contract Duration - 2 year agreement, January 1, 2015 through December 31, 2016 • Wages - 3% increase - 2015; 3% increase - 2016 • Health Insurance - Retain employer contribution for 2015, increase employer contribution for family plan by $20 for 2016; • Affordable Care Act - Includes language regarding the Affordable Care Act (ACA) - in the event health insurance provisions of the contract are found in non-compliance with the ACA, the parties will meet to bargain over alternative provisions to comply with the ACA. • Physical Fitness Activities - Added a provision to allow employees to perform physical fitness activities for up to one hour during a 24 hour shift providing it does not interfere with the work schedule and daily activities. • Savings Clause - Added language providing that should any provision of the contract be declared to be contrary to law by a court or administrative ruling, the contract provision shall be void and all other provisions of the contract remain in full force and effect. The voided provision may be renegotiated at the request of either party. BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 15th day of September, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE STILLWATER FIREFIGHTER'S ASSOCIATION January 1, 2015 through December 31, 2016 TABLE OF CONTENTS Article Page 1 Preamble 1 II Definitions 1 III Security 1 IV Seniority 2 V Sick Leave 2 VI Insurance 4 VII Severance Pay 5 VIII Holidays 5 IX Vacations 6 X Uniforms 7 XI Hours of Employment 7 XII Residential Requirements 7 XIII Extra Compensation 7 XIV Training 8 XV Wages 8 XVI Rules and Regulations 9 XVII Employee Rights - Grievance Procedure 9 XVIII Employer Authority 12 XIX Miscellaneous .12 XX Savings Clause 12 XXI Duration 13 XXII Waiver 13 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE STILLWATER FIREFIGHTER'S ASSOCIATION ARTICLE I PREAMBLE This contract entered into as of January 1, 2015 between the City of Stillwater, Washington, County, Minnesota, hereinafter referred to as the City and the Stillwater Firefighters Association, hereinafter referred to as the Association, pursuant to and in compliance with the Public Employment Labor Relations Act of 1971, as amended, hereinafter referred to as the P.E.L.R.A., is to provide the terms and conditions of employment for Firefighter's during the duration of this contract. In accordance with the P.E.L.R.A., the City recognizes the Association as the exclusive representative of for the purposes of meeting and negotiating the terms and conditions of employment for all eligible personnel under Minnesota Statutes 179A. The Association shall have all those rights and duties as established by the P.E.L.R.A. and in the provisions of this contract. Job classes which are within the bargaining unit and covered by this Agreement as follows: full-time Fire Captain and full-time Firefighter/Engineer. ARTICLE II DEFINITIONS Section 1. Full-time Firefighter. A Firefighter regularly scheduled to work between forty (40) and fifty-six (56) hours per week. Section 2. Regularly scheduled employee. An employee working regularly scheduled hours as opposed to being part-time, on call or working when available, and having successfully completed the probationary period. Section 1. Section 2. ARTICLE III SECURITY The Employer shall deduct from the wages of Employees who authorized such a deduction in writing an amount necessary to cover monthly Association dues and assessments. Such monies shall be remitted as directed in writing by the Association. The Association may designate one (1) steward and one (1) alternate from the bargaining unit to act as stewards and shall inform the Employer in writing of such choices. Page 1 of 13 Section 3. The Employer shall make space available on bulletin boards for posting Association notice(s) and announcement(s). Section 4, The Association agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. ARTICLE IV SENIORITY Section 1. Seniority shall be determined by the employee's length of continuous employment with the full-time fire department and posted in an appropriate location. Seniority rosters may be maintained by the fire chief on the basis of time in grade and time within specific classifications. Section 2. All newly hired employees shall serve a probationary period of twelve (12) months from the effective date of hire. During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the employer. Section 3. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of their layoff before any new employee is hired. Recalled employees must report for work within twenty-one (21) working days from the date of the written notice or lose recall rights. Section 4. Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job relevant qualifications of employees are equal. Section 5. Senior qualified employees shall be given shift assignments preference after eighteen (18) months of continuous full-time employment. Section 6. One continuous vacation period shall be selected on the bases of seniority until March 1st of each calendar year. Section 1. ARTICLE V SICK LEAVE All full-time employees shall, after a term of employment of one year, be qualified to receive payments on account of physical disability to work by reason of sickness. For the purpose of this contract, sickness shall include injury other than accidental injury arising out of and in the course of employment by the City. Sickness benefits shall be as follows: Page 2 of 13 a. If term of employment has been one year but less than two years; one week full pay. b. If term of employment has been 2 to 5 years - full pay 4 weeks; half pay 9 weeks. c. If term of employment has been 5 to 10 years - full pay 13 weeks; half pay 13 weeks. d. If term of employment has been 10 to 15 years - full pay 13 weeks; half pay 39 weeks. e. If term of employment has been 15 to 20 years - full pay 26 weeks; half pay 26 weeks. f. If term of employment has been 20 to 25 years - full pay 39 weeks; half pay 13 weeks. g. If term of employment has been 25 years or more - full pay 52 weeks. Section 2. No disability benefits shall be paid for absences in excess of three consecutive days without a doctor's certificate as to sickness disability. Section 3. Sickness disability benefits usage shall be subject to the following conditions: Section 4. a. An employee may use the full entitlement only once annually. b. Any days used by an employee must be replaced at the following earning rate: employees shall earn sickness disability leave at the rate of two shifts for each month worked. c. Sickness disability leave time cannot be earned during the time an employee is on sick leave. Sick leave earned back shall be figured on a pro rate basis each month with no earn back of leave for that portion of sick leave used during the month. d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. Sick leave used last shall be replaced first. Any employee receiving Worker's Compensation benefits because of a job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if any employee is receiving Worker's Compensation benefits and does not assign his check, he will be paid for the difference between the Worker's Compensation allowance and Page 3 of 13 his regular weekly pay. Sick leave shall then be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation insurance. Section 5. Sick leave shall not be granted if the absence is due to an injury resulting from intoxication or from fighting. Section 6. Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation, which has not been taken, may request vacation pay during disability. Section 7. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accomplished by a physician's certificate stating that such disabled employee has not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no service credit for the period of absence. For the purpose of this Article, the January 1st immediately preceding the Employee's anniversary date of employment shall be used to determine Employees term of employment. Section 8. The sick leave schedule and usage for other than the normal forty (40) hour work week shall be converted to proportionately equivalent time units. Section 9. Family Medical Leave Act (FMLA) will be administered in accordance with City policy. ARTICLE VI INSURANCE Section 1. The Employer shall contribute 100% of the premium for the single plan. Effective January 1, 2015, the Employer will contribute up to one thousand one hundred forty-one dollars and eighty six cents ($1,141.86) per month, per employee toward group health insurance coverage, including dependent coverage. Effective January 1, 2016, the Employer will contribute up to one thousand one hundred sixty-one dollars and eighty six cents ($1,161.86) per month, per employee toward group health insurance coverage, including dependent coverage. Page 4 of 13 Section 2. The Employer will provide a twenty thousand dollar ($20,000.00) term life insurance policy for each full-time employee. Section 3. In the event the health insurance provisions of this Agreement fail to meet the requirements of the Affordable Care Act and its related regulations or cause the Employer to be subject to a penalty, tax or fine, the Union and the Employer will meet immediately to bargain over alternative provisions so as to comply with the Act and avoid and/or minimize any penalties, taxes or fines for the Employer. ARTICLE VII SEVERANCE PAY Section 1. One-half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten years of service with the City, but in no event shall severance pay exceed an amount equal to one hundred (100) days pay. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee has retired due to age or physical disability, as above provided, but in no event shall such death benefit exceed sixty (60) days of full pay. ARTICLE VIII HOLIDAYS Section 1. Employees shall be entitled to eleven (11) paid holidays per year. Section 2. Holiday pay shall be made the first day of the month of December of each year. Section 3. Holiday pay shall be 11.2 hours per holiday based on a 24-hour work shift. Section 4. Holiday pay shall accrue on the January 1 immediately preceding the anniversary date of employment. Section 5. Immediately preceding the 1st anniversary date of employment the employee shall be entitled to one additional floating holiday without holiday pay. Page 5 of 13 ARTICLE IX VACATIONS Section 1. Permanent employees shall be entitled to vacations according to the following schedule: Employees hired after January 1, 1998 After 1 year up to 2 years service After 2 years up to 5 years of service After 5 years up to 10 years of service After 10 years up to 15 years of service After 15 years of service Employees hired prior to January 1, 1998 After 1 year up to 2 years of service After 2 years up to 5 years of service After 5 years up to 10 years of service After 10 years of service After 15 years of service Section 2. Based on 40 hr. Work Week one week two weeks three weeks four weeks one additional day Per year of service Up to twenty years For a maximum of 25 days one week two weeks three weeks four weeks one additional day per year of service up to twenty years for a maximum of 25 days Based on 56 hr. Work Week three shifts six shifts nine shifts twelve shifts one additional shift up to 15 years of service to a maximum of 15 shifts three shifts six shifts nine shifts one additional shift each year up to 15 years of service fifteen shifts The vacation schedule and usage for other than a forty (40) or a fifty-six (56) hour work week shall be converted to proportionately equivalent time units. Page 6 of 13 ii Section 3. Employees shall take vacations in units of not less than one week's duration unless authorized by the appropriate fire department supervisor. Section 4. For the purpose of this Article, January 1st immediately preceding the Employee's anniversary date of employment shall be used to determine employee's term of employment. Section 5. Vacation time not to exceed 80 hours or proportionately equivalent shifts may be used in the following calendar year unless authorized by department supervisor. Vacation in excess of the allowable amount shall be paid on the second payday in January at the rate of pay in effect at the end of the previous year. ARTICLE X UNIFORMS Section 1. The City shall provide required uniform articles and equipment. ARTICLE XI HOURS OF EMPLOYMENT Section 1. The authority to schedule full-time firefighters is the City. Work shifts established by the City shall be between eight (8) and twenty-four (24) hours in length. Section 2. The authority to schedule part-time firefighters is the City. Part-time employees will work schedules as directed by the City. ARTICLE XII RESIDENTIAL REQUIREMENTS Section 1. Employees hired after January 1, 1996 shall establish a permanent, bonafide residence which requires not more than fifteen (15) minutes of driving time from the residence to employment at speeds not in excess of posted limits, serviced by all weather roads. Section 1. ARTICLE XIII EXTRA COMPENSATION Regularly scheduled employees shall be compensated in excess of their regular pay for callbacks, filling in for employees on vacation or sick leave, filling in for employees away at training schools or other duty outside their normal shifts. Extra compensation for filling in for absent employees shall be on a daily basis computed by dividing the monthly pay by the number of days worked. Other extra duty shall be paid as follows: a. For callback and filling in for employees away at training schools, the compensation shall be at time and one-half with two hour Page 7 of 13 minimum guarantee. Any additional time worked beyond the second hour shall be calculated on the one half-hour. b. For extra duty at the fire station (night duty), Five dollars ($5) for each night. c. Employees requesting in writing to the employer to receive compensatory time off in lieu of paid over -time as established in Section 1. (b) of this Article shall be allowed such compensatory time off at a time that is mutually acceptable between the employee and employer. Any compensatory time not taken off by December 31 of each calendar year shall be paid off by that date unless employer allows the time to be carried over to the next year. d. Callback hours shall not be pyramided, compounded or paid twice for the same hours paid. ARTICLE XIV TRAINING Section 1. City will provide all training required by the City at the City's expense. ARTICLE XV WAGES Section 1. The following wage schedule shall apply: Effective: January 1, January 1, 2015 2016 Start $4,609 $4,747 Six months to one year $4,691 $4,832 One year to two years $4,963 $5,112 Two years to three years $5,023 $5,174 Three years $5,104 $5,257 Captain $5,462 $5,626 Section 2. The average work year is 2912 hours for employees whose schedule provides for 24 hour shifts, which shall average 56 hours per week 3 hours of which is compensated at one and one-half times the hourly rate in accordance with the Federal Fair Labor Standards Act. Over time for shifts of less than 24 hours shall be paid pursuant to the Fair Labor Standards Act. Page 8 of 13 Section 3. The employees shall be paid a monthly longevity bonus according to the following longevity pay schedule: Effective: January 1, 2002 After 5 years of employment $ 72 After 10 years of employment $144 After 15 years of employment $216 After 20 years of employment $260 If an employee becomes eligible to receive longevity pay for only a portion of a month, the 15th of the month shall be used as a cut-off date to determine the amount of longevity pay to be received for the month. If an employee becomes eligible on or prior to the 15th, the employee shall receive the full amount whereas eligibility after the 15th shall result in one- half of amount. Section 4. Full-time Employees shall be paid 26 paydays per year. Section 5. Compensation for extra duty shall be computed at the end of each pay period. ARTICLE XVI RULES AND REGULATIONS Section 1. Rules and regulations governing the Department of Public Safety shall govern the conduct of the Fire Department employees and shall be the determining cause for suspension of an employee or termination of this employment. Section 1. ARTICLE XVII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE Definition of a Grievance. A grievance is defined as a disagreement as to the interpretation or application of the specific terms and conditions of this contract Section 2. Association Representatives. The City will recognize representatives designated by the Association as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Association shall notify the City in writing of the names of such Association Representatives and of their successors when so designated as provided by this contract. Section 3. Processing of a Grievance. It is recognized and accepted by the Association and the City that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The Page 9 of 13 aggrieved employee and an Association Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the employer during normal working hours provided that the employee and the Association Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the employer. Section 4. Procedure. Grievances as defined in Section 15.1 shall be resolved in conformance with the following procedures: a. An employee claiming a violation concerning the interpretation or application of this contract shall, within 21 calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the employer. The employer -designated representative will discuss and give an answer to such Step 1 grievance within 10 calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the contract allegedly violated, the remedy requested and shall be appealed to Step 2 within ten calendar days after the employer designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within 10 calendar days shall be considered waived. b. If appealed, the written grievance shall be presented by Association and discussed with the employer designated Step 2 representative. The Employer designated representative shall give the Association the Employer's Step 2 answer in writing within 10 calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer designated representative's final Step 2 answer. Any grievance not appealed in writing to step 3 by the Association within ten (10) calendar days shall be considered waived. c. If appealed, the written grievance shall be presented by the Association and discussed with the Employer designated Step 3 representative. The Employer designated representative shall give the Association the Employers answer in writing within 10 calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within 10 calendar days following the employer designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Association within 10 calendar days shall be considered waived. Page 10 of 13 d. If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article XVI or a procedure such as: Civil Service, Veterans' Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article XVI the grievance is not subject to the arbitration procedure as provided in Step 4 of Article XVI. The aggrieved employee shall indication in writing which procedure is to be utilized — Step 4 of Article XVI or another appeal procedure — and shall sign a statement to the effect that the choice of any other hearing precludes the employee from making a subsequent appeal through Step 4 of Article XVI. e. A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employment Relations Board, Section 5. Arbitrator's Authority a. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this agreement. The arbitrator shall consider and decide only the specific issue(s) submitted In writing by the Employer and Association and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever is later, unless the parties agree to the extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of the agreement and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Association provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties Page 11 of 13 desire a verbatim record of the proceedings the cost shall be shared equally. Section 6. Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of Employer's last answer. If the Employer does not answer a grievance or and appeal thereof within the specified time limits, the Association may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Association in each step. ARTICLE XVIII EMPLOYER AUTHORITY Section 1. The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the employer to modify, establish, or eliminate. ARTICLE XIX MISCELLANEOUS Section 1. Part-time employees will not be eligible for any benefits under this agreement. Section 2. Employees may perform physical fitness activities for up to 1 hour during a 24 hour shift as long as it does not interfere with the work schedule and daily activities. ARTICLE XX SAVINGS CLAUSE Section 1. This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Stillwater. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, or is contrary to an administrative ruling or is in Page 12 of 13 violation of legislation or administrative regulations, such provision shall be void. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE XXI DURATION Section 1. This agreement shall remain in full force and effect for a period commencing January 1, 2015 through December 31, 2016. In the event a new agreement is not in effect on January 1, 2017, all compensation, working conditions and benefits shall remain in effect as set forth in this agreement until a successor agreement is effected. ARTICLE XXII WAIVER Section 1. Any, all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. Section 2. The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition or employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this agreement. The employer and the union each voluntarily and unqualifiedly waives the right to meet and negotiate any and all terms and conditions of employment referred to or covered in the agreement or with respect to any term or condition of employment not specifically referred to or covered by this agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. IN WITNESS WHEREOF, the parties hereto have set their hands this 3 day of Se 2015. FOR THE ASSOCIATION: FOR THE CITY OF STILLWATER: resident Ted Kozlowski, Mayor Diane F. Ward, City Clerk Page 13 of 13 MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Thrector of Public Works Date: September 11, 2015 Subject: Maintenance Agreement with MNDOT for Snow and Ice Control DISCUSSION: As part of the ongoing work on St. Croix River Crossing Project, the Minnesota Department of Transportation (MNDOT), Washington County (County) and the City of Oak Park Heights (OPH) are working together to relocate the east portion of the Highway 36 North Frontage Road at Osgood Avenue in OPH away from its current location to its new alignment utilizing the existing Oren Avenue and new east west segment north of the current intersection with Osgood Avenue.(See attached map). As part of an agreement (attached), between MNDOT, the County and OPH, MNDOT was to be responsible for winter maintenance of the new segment of the frontage road for the next four years (Sept 2015 to Sept. 2019). MNDOT has approached the City of Stillwater to see if we would be interested on this same section road over this same period. (As a side note, the City is already required to do maintenance on the current North Frontage Road for the entire length from Greeley to Osgood from a previous agreement). Since this City is already in the area, this additional segment would not be much extra work for us to do in the winter. As a condition to perform the winter maintenance, the City requested to be paid $8000 for the four years ($2000 per year) and after the four years, the City would only be responsible for the North Frontage Road only within its own City limits. MNDOT has agreed to those conditions and has prepared the attached agreement. RECOMMENDATION Staff has reviewed the Maintenance Agreement and recommends approval. ACTION REQUIRED If Council agrees with the recommendation they should pass a resolution entitled "RESOLUTION APPROVING THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF STILLWATER SNOW AND ICE CONTROL MAINTENANCE AGREEMENT". RESOLUTION 2015-159 RESOLUTION APPROVING THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF STILLWATER SNOW AND ICE CONTROL MAINTENANCE AGREEMENT BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between the Minnesota Department of Transportation and the City of Stillwater for Snow and Ice Control, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor to sign the contract on the City's behalf. Adopted by the City Council of the City of Stillwater this 15th day of September 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Mn/DOT Contract No: 1001331 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF STILLWATER Snow and Ice Control MAINTENANCE AGREEMENT Snow and Ice Control Maintenance Performed Total Agreement Amount by the City on: $8,000.00 36 (north frontage road) leading to Amount Encumbered Each Fiscal Year Trunk Highway Number (TH): Osgood Avenue 2016-2019 $2,000.00 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and The City of Stillwater acting through its City Council ("City"). Recitals 1. Under Minnesota Statutes § 161.38, subdivision 3, the State and the City wish to enter into an agreement that will provide for snow and ice control maintenance performed by the City on certain trunk highway frontage roads; and 2. The State will reimburse the City for the snow and ice control maintenance performed; and 3. Minnesota Statutes § 161.20, subdivision 2, authorizes the Commissioner of Transportation to make agreements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 4. This agreemeni recognizes commitments previously agreed too between these two parties as described in Maintenance Agreement #92835 and Cooperative Construction Agreement #01433 Agreement 1. Term of Agreement; Survival of Terms 1.1. Effective date. This Agreement will be effective on September 1, 2015, or the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2, whichever is later. 1.2. Expiration date. This Agreement will expire on September 30, ,2019 or when all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 7. Liability; Worker Compensation Claims; Insurance; 9. State Audits; 10. Government Data Practices; 11. Governing Law; Jurisdiction; Venue; and 13. Force Majeure. 2. Agreement Between the Parties 2.1. Maintenance by the City A. Location. The City will perform snow and ice control maintenance of the following portions of the trunk highway system: -1- Payable Routine Maintenance (Municipal Agreements 1/24/11) Mn/DOT Contract No: 1001331 i. On the Trunk Highway No. 36 north frontage road (60th St. N.) from the west Stillwater/Oak Park Heights city boundary to N. Osgood Avenue, a total distance of approximately 1730 feet (0.33mi.). B. Timing: The City will perform snow and ice control maintenance for the winter seasons of 2015/16, 2016/17, 2017/18 and 2018/19. C. Total Mileage. The total trunk highway mileage for the snow and ice control maintenance performed under this Agreement is 1730 feet (0.33 miles). 2.2. Maintenance Responsibilities (Reimbursable) The City will perform the following snow and ice control maintenance duties to the satisfaction of the State's District Maintenance Engineer at Waters Edge. All materials used in the performance of said snow and ice control maintenance must comply with the State's current "Standard Specifications for Construction". Snow and ice control maintenance consists of the following duties, which must be performed in a timely and efficient manner so as not to cause untimely delay or hinder trunk highway traffic: i. All winter snow and ice operations dictated by winter. ii. Undertake proper and timely cleaning of ice and snow. iii. Regularly patrol the traveled roadway and keep the roadway free and clear of debris, obstructions, and impediments to traffic and any other foreign matter of any nature. iv. Copies of roadway permits will be furnished to the City to allow for knowledge of permitted right of way work or unauthorized work. v. Unauthorized work on right of way, sign damage, pothole repair needed, and other safety related issues will be called to the attention of the State so they get addressed. 2.3. Traffic Control A. The City may partially block the trunk highway frontage road to perform the snow and ice control maintenance under this Agreement. In cases of emergency, the City may block the trunk highway frontage road and prevent passage of traffic thereon. At no time, however, may the City continue to obstruct the free passage of traffic on the trunk highway for a longer period of time than is reasonably required for making the necessary snow and ice control. B. The City will not close any portion of the trunk highway frontage road to traffic for reasons other than those set forth above and in no event for a time longer than necessary to complete the required snow and ice control maintenance work. In the event of the total blocking or closing of the trunk highway frontage road, the City must provide a suitable detour during such time. C. The City must conduct all trunk highway frontage road partial and total closures in conformance with the current Minnesota Manual on Uniform Traffic Control Devices (MNMUTCD) and Temporary Traffic Control Zone Layouts - Field Manual. 2.4. City's Failure to Adequately Maintain. If the City fails to perform any of the snow and ice control maintenance according to the terms of this Agreement, the State may reduce the amount payable to the City by either an amount judged to be fair and equitable for such snow and ice control maintenance, or, if the State performs such snow and ice control maintenance, by the actual cost of the maintenance performed by the State in accordance with this Agreement. 2.5. Extraordinary Maintenance. The City is not required to perform any extraordinary maintenance, construction or reconstruction under this Agreement. If the City is willing to perform extraordinary maintenance, and the State's District Maintenance Engineer at Waters Edge approves such performance, the parties to this Agreement must enter into a separate agreement therefore. No expenses may be incurred on the extraordinary maintenance prior to the full execution of such an agreement as governed by Minnesota Statutes § 16A.15, subdivision 3. -2- Payable Routine Maintenance (Municipal Agreements 1/24/11) Mn/DOT Contract No: 1001331 2.6. Inspection of City Performed Maintenance. Authorized representatives of the City and the State will jointly inspect the involved trunk highways on a regular basis during the life of this Agreement to determine if the snow and ice control maintenance is being performed according to the terms of this agreement. 3. State Cost and Payment by the State 3.1. State Cost. The State's total cost for the snow and ice control maintenance performed by the City on Trunk Highway No. 36 north frontage road under this agreement is $8,000.00. 3.2. Conditions of Payment. The State will make payments on an annual basis prior to June 30th of each State fiscal year after the following conditions have been met: A. Encumbrance by the State of the necessary funds for the snow and ice control maintenance payment amount. B. Execution of this Agreement and transmittal to the City. C. Submittal by the City to the State of an accounting of the number of times the City performed snow and ice control maintenance. The State's authorized representative, attesting that all snow and ice control maintenance covered by the invoice has been performed in full conformity with this Agreement, must sign such accounting. D. The State's payment to the City will be $2,000 per year for snow and ice control on the Trunk Highway 36 north frontage road. 4. Authorized Representatives Each parry's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 4.1. The State's Authorized Representative will be: Name/Title: Michael Leegard, District Maintenance Engineer (or successor) Address: 1500 West county Road B2 Roseville, MN 55113 Telephone: (651) 234-7901 Fax: (651) 234-7905 E-Mail: Michael.leegard@state.mn.us 4.2. The City's Authorized Representative will be: Name/Title: Shawn Sanders, City of Stillwater Director Of Public Works (or successor) Address: 216 North 4th Street Stillwater, MN 55082-4807 Telephone: (651) 430-8835 Fax: (651) 430-8810 E-Mail: ssanders@ci.stillwater.mn.us 5. Assignment; Amendments; Waiver; Contract Complete 5.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 5.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. -3- Payable Routine Maintenance (Municipal Agreements 1/24/11) Mn/DOT Contract No: 1001331 5.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 5.4. Contract Complete. This Agreement contains all prior negotiations and agreements, with respect to routine maintenance, between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6. Liability; Worker Compensation Claims; Insurance 6.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Notwithstanding the foregoing, the City will indemnify, hold harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any claims, causes of actions, damages, costs (including reasonable attorneys fees), and expenses arising in connection with the project covered by this Agreement, regardless of whether such claims are asserted by the City's contractor(s) or consultant(s) or by a third party because of an act or omission by the City or its contractor(s) or consultant(s). 6.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 7. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 8. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 9. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State. 10. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11. Termination 11.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below 11.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. -4- Payable Routine Maintenance (Municipal Agreements 1/24/11) Mn/DOT Contract No: 1001331 12. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -5- Payable Routine Maintenance (Municipal Agreements 1/24/11) Mn/DOT Contract No: 1001331 STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. Recommended for Approval: Signed: By: (Area Maintenance Engineer) Date: Date: SWIFT Purchase Order No. CITY OF STILLWATER The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: Title: Date: By: Title: Date: Approved: By: Date: (District Engineer) COMMISSIONER OF ADMINISTRATION By: Date: (With delegated authority) INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -6- Payable Routine Maintenance (Municipal Agreements 1/24/11) Paee 10 of 11 NORTH FRONTAGE ROAD REALIGNMENT S.P. 8214-179 EX (ST ►•I G f (Q'i'A G fao " D EXHIBIT B -- AlEvj F2Un1'TAGE- 2oAI — p2o PoStD c fTY sluoc,J /44) b -T-cG conintoL (2otS — 2oti) IZES?oNs( 8(c cry MnDOT Contract No: 04959 STATE OF MINNESOTA, WASHINGTON COUNTY, CITY OF OAK PARK HEIGHTS CHANGE OF ROADWAY JURISDICTION AND MAINTENANCE AGREEMENT Control Section Number: 8214 Trunk Highway Number: 36 Purpose: MnDOT to City: State release of a portion of 60th Street North (Trunk Highway No. 36 North Frontage Road), the transfer of MnDOT easement rights to the City of Oak Park Heights for the portion of 60°i Street North that lies between the City limits near Omaha Avenue and Oren Avenue (Segment #1) County to City: Acquire ROW and build the new frontage road segment in accordance with the approved plan from Oren Ave. to Osgood Avenue (Segment #3) and then transfer County property rights along the realigned frontage road to the City. City to County: To secure and make available land rights to the County for those portions of the realigned frontage road owned or maintained by the City in Segment #3. City: To take over ownership and all maintenance of the newly reconstructed and relocated frontage road from City limits near Omaha Avenue to Oren Avenue (Segment #1) and Oren Ave to Osgood (Segment #3) four years from and after substantial completion of the frontage road relocation and reconstruction. This Agreement is among the State of Minnesota, acting through its Commissioner of Transportation ("MnDOT"), the City of Oak Park Heights, a political subdivision of the State of Minnesota acting through its City Council ("City") and Washington County, Minnesota, acting by and through its Board of Commissioners ("County") RECITALS 1. Minnesota Statutes § 161.20 authorizes MnDOT to enter into agreements with other governmental authorities to carry out the purposes of Minnesota Statutes Chapter 161. 2. The City and County are each a Road Authority as defined in Minnesota Statutes § 160.02 (subd. 25); 3. MnDOT has determined that the current portion of 60"' Street North (Trunk Highway No. 36 North Frontage Road) from the City boundary near Omaha Avenue to Oren Avenue (Segment #1) is no longer needed for highway purposes. 4. The City, County and MnDOT have entered into this Agreement to provide for the orderly release of this frontage road to the jurisdiction of the City and to provide for the cooperative relocation and reconstruction of a new frontage road as depicted in Exhibits A & B attached hereto and incorporated by reference herein. 5. The release of 6011 Street North to the City will occur following the completion of the Project Work as outlined below; Exhibit A shows the three frontage road segments described as follows: 5.1. Segment #1 — From the City limit near Omaha Avenue to Oren Avenue. MnDOT reconstructed this segment of 60th Street North with the St. Croix Crossing Project in 2014. 5.2. Segment #2 — From Oren Avenue to Osgood Avenue (old alignment). MnDOT will release this segment of 60th Street and convey MnDOT's easement rights to Washington County. 5.3. Segment #3 —From Oren Ave to Osgood Avenue (new alignment). MnDOT and Washington County will reconstruct 60th Street (which includes a north -south section of Oren Ave.) Page 1of11 MnDOT Contract No: 04959 consistent with the frontage road realignment depicted in Exhibit B. The realignment and construction of Segment #3 is anticipated to be completed in 2015. Near the end of the construction of Segment #3, the Segment #2 roadway will be removed. 6. The City will be replacing city -owned water utilities along Oren Avenue with a separate city construction project, the City utility project shall be completed by July 24'h, 2015. The City will coordinate the scope, timing and schedule of its work and provide reasonable notice to each should any changes occur. Any and all costs incurred by the County due to delay in completion of the City work, shall be the responsibility of the City. Any and all costs incurred by the City due to delay in completion of the County work, shall be the responsibility of the County. 7. MnDOT will convey its property rights to the County in Segment #2 as shown in Exhibit A north of the proposed right-of-way line. Property rights south of the line will be retained by MnDOT. 8. MnDOT has provided the City with its documentation regarding the clean-up and disposal of hazardous materials related to the Westbury Property. AGREEMENT 1. Effective Date; Survival of Terms This Agreement will be effective on the date last signed below by all parties and by such other State of Minnesota officials as required by Minnesota Statutes § 16C.05. This Agreement will remain in effect until the Project Work is completed and until MnDOT has served a Notice of Release and the four year MnDOT maintenance requirement has expired. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration of this Agreement. 2. Identification of Roadway Segments; Right -of -Way Determination The Roadway Segments covered by this agreement are identified as Segment #1 [60°i Street North (Trunk Highway No. 36 North Frontage Road) from the City limits near Omaha Avenue to Oren Avenue] and Segment #3 [new frontage road alignment from the Oren Ave/60'h St intersection to Osgood Avenue] and located within the City limits of Oak Park Heights. See Exhibit A for a preliminary depiction of right-of-way to be released to the City in Segments #1 and #3. The parties will determine the final right-of-way limits prior to transfer of title or property rights to the City for Segments #1 & #3. Segment #2 is covered under a separate agreement between the County and MnDOT. 3. Notice of Release; Conveyance Documents (By state) 3.1. Notice of Release. MnDOT will deliver a "Notice of Release" to the City in recordable form, releasing the Roadway Segment #1 from MnDOT's jurisdiction including any and all rights to such lands, easements and access points. Upon the date specified in the notice the City will become the Road Authority with unrestricted jurisdiction over the roadway segment and will assume all responsibility for the operation, maintenance, and reconstruction of the roadway segment and of all structures and facilities that are a part of the roadway segment, except for those maintenance items specified in Article 5 as the State's responsibility. No alterations or additions to title shall be allowed pending final release thereof without the City's approval in writing. 3.2. Conveyance Documents. Subsequent to issuing the Notice of Release, MnDOT will prepare and execute necessary and appropriate documents conveying MnDOT's property interests in Roadway Segment #1 to the City. Page 2 of 11 MnDOT Contract No: 04959 3.3. Condition Precedent to Release and Conveyance. After MnDOT defines the Iimits of the easement interest that it will convey to the City, the City will promptly undertake title work to determine the condition of title. The City will accept the release and conveyance if the City determines, in its reasonable discretion following the examination of title, that the easement interest conveyed by MnDOT provides a sufficient basis in real estate title standards for the City to lawfully have and operate a city street and to place and maintain city utilities free from adverse interests. This acceptance of the condition of title must occur before the State is allowed to release and convey its easement interest to the City. A. Maintenance if Condition Precedent is not met. If this condition has not been fulfilled, and MnDOT has not released and conveyed its easement interest to the City by the end of the "Maintenance Period" as defined in Article 5, then the City, at the expiration of the Maintenance Period, will be responsible for all routine maintenance including plowing, mowing, and minor patching, and MnDOT will remain responsible for major maintenance including resurfacing and reconstruction for segment 1 only. 4. Notice of Release; Conveyance Documents (By County) 4.1. Notice of Release. Washington County has acquired certain interests in land within Segment #3 for right-of-way purposes as it relates to the re -alignment of a portion the North Frontage Road. Pursuant to this agreement this portion of Segment #3 in the ownership of Washington County will be transferred to the City within a reasonable time after MnDOT delivers its "Notice of Release" to the City. 4.2 Conveyance Documents. Subsequent to MnDOT issuing the Notice of Release, the County will prepare and execute necessary and appropriate documents conveying the County's property interests in the portion of roadway Segment #3 to the City. 5. Maintenance MnDOT will maintain the north frontage road (Segments #1 and #3) during a "Maintenance Period". The Maintenance Period begins at the execution of this Agreement and runs until all of the following conditions have occurred: (1) four years have passed from the substantial completion date (anticipated to be October 1, 2015), (2) the State has provided a Notice of Release to the City for the roadway segment as described in 3.1, (3) the County has provided a Notice of Release to the City for the County -held properties in Segment #3. (4) the City has issued a Notice of Acceptance to both the State and the County that all conditions of this Agreement have been satisfied and the roadway is in a condition reasonably anticipated for its age. Such Notice of Acceptance may not be unreasonably withheld, conditioned or delayed by the City. A City notice as to any deficiencies shall occur prior to October 1, 2018 to allow MnDOT and the County time to address or respond to identified issues. (5) The provisions of paragraph 3 and its subparts 3.1 through 3.3 have been satisfied and the city has accepted the conveyance pursuant to those provisions (except that the maintenance provision in Article 3.3 A will apply until MnDOT is able to convey title in a condition as required by Article 3.3). 5.1. MnDOT maintenance will include routine snow and ice maintenance duties and maintenance of the roadway surface including the curb and gutter. MnDOT will maintain the roadway to its standards and will not routinely mow along the roadway. 5.2. On or about October 2, 2019, and following the City's acceptance of the condition of title as provided in Article 3.3, the City as the road authority will be responsible for maintenance of this roadway segment. The City will thereafter be responsible for performing and paying for all Page 3 of 11 MnDOT Contract No: 04959 maintenance and reconstruction of this roadway segment, including all structures and facilities that constitute a part of such roadway to the standards it sets for city streets. 5.3. MnDOT or its designee will have maintenance responsibility, including any related operational liabilities to the extent authorized by law, for roadway Segments #1 and #3 for the Maintenance Period as defined above. 5.4. Washington County will not be responsible for any maintenance or any related operational liabilities to the extent authorized by law within Segments #1 and #3 upon completion of construction. 6. Responsibility for Claims MnDOT will remain responsible, to the extent authorized by Minnesota Statutes §3.736 and other applicable law, for claims related to construction, maintenance, and operation of the Roadway Segments during the period when it is under MnDOT control, even if such claims are filed after the City receives the Notice of Release. Subject to the provisions of Minn. Stat. 466.04 the City will be responsible for claims arising out of its own construction, maintenance, or operations of the Roadway Segments after it has received the Notice of Release and fully assumed maintenance responsibility. 7. General Provisions 7.1. Venue. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 7.2. Termination. This Agreement may be terminated only by mutual written agreement of the parties. 7.3. Severability. If any provision of this Agreement is found to be invalid or unenforceable, such provision will not affect the validity or enforceability of any other provision of this Agreement, which will remain in force and effect. 7.4. Merger. This Agreement contains all prior negotiations and agreements between MnDOT, the County and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 7.5. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by all of the same parties who executed and approved this Agreement, or their successors in office. 7.6. Government Data. This Agreement, and any data exchanged by the parties pursuant to this Agreement, will be "government data" and subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. 7.7. State Audits. The books, records, documents, and accounting practices and procedures of the City, County and MnDOT relevant to this Agreement are subject to examination by the parties, including any agent or representative of a party and the State Auditor or Legislative Auditor, for a minimum of six years. 8. Additional Provisions 8.1. Right-of-way release limits are preliminarily as shown in Exhibit B, 8.2. MnDOT and the County have transportation easements for the north frontage road properties and do not own the underlying fee title. MnDOT and the County each represent that their respective property rights are transferable and effective for the purpose of creating a frontage road and city street complete with all customary rights of way and rights to place municipal and related utilities therein. Page 4 of 11 M nDOT Contract No: 04959 8.3. Necessary lands have been secured by the County to allow for Segment #3 to be constructed as shown in the Project Plan. No part of this expense shall be the direct or indirect obligation of the City. Should a conflict arise where the property interest(s) to be transferred to the City are not suitable for City roadway purposes under this Agreement, the County shall promptly correct any and all defects at its sole expense. Multiple segments of temporary easements will be required to be purchased to facilitate the construction of the project as shown in the Project Plan by the County and/or the State of MN as well and a new access to Oren Avenue from the Fury Motors North Lot that lies north of the proposed new frontage road alignment. No part of this expense shall be the direct or indirect obligation of the City of Oak Park Heights. 8.4. Necessary lands have been secured by the City to allow for Segment #3 to be constructed as shown in the Project Plan (Westbury Property). No part of this expense shall be the direct or indirect obligation of the County. 8.5. Any required private access or other property owner accommodations provided to or on behalf of the CARQUEST building/site (or for any other lands impacted by this Project) shall be entirely the cost of The State of MN and/or the County. Any liabilities for "takings" or other condemnation actions as a result of the implementation of this Plan shall be fully defended and/or paid by the State of MN and/or the County. 8.6. Recording of the conveyance documents from the County and MnDOT and any costs associated with that process will be the City's responsibility; MnDOT and the County shall at their expense review and approve, any such documents as the City Attorney believes are necessary for recording purposes. MnDOT will sign such documents subject to the approval of MnDOT's Director of Land Management and the County will sign such documents subject to the approval of the County's Surveyor. MnDOT and the County shall deliver documents in recordable form to the City as needed for this project. Once requested, signatures of MnDOT or the County may not be unreasonably conditioned, withheld or delayed. 8.7. The roadway segments shown in Exhibit A are served by downstream storm water infrastructure owned and maintained by MnDOT. Segments 1, 2 & 3 shall remain tributary to those existing stone water systems and the City shall have the continued right to discharge existing surface waters thereto. 8.8. Once the roadways (Segments 1 and 3) are constructed, the County may not close the left -turn in lane (from northbound Osgood Ave) to the new frontage roadway (westbound) nor restrict nor alter any other access to such roadway without the written consent of the City. Representatives of the City and County have met on several occasions to consider current and future access Iocations to the segment of Osgood Avenue, from TH 36 to Orleans Street. Exhibit C identifies the other planned future major access locations for this segment of Osgood Avenue, including the type of movements that are anticipated to be accommodated at those locations. Exhibit C is attached hereto and incorporated by reference herein. All other access points to Osgood Ave. shall be subject to restriction as the County deems necessary pursuant to established law. The County discourages new direct private access to Osgood Avenue. Access to private property should be provided by the local road network whenever reasonably possible. Page 5 of 11 MnDOT Contract No: 04959 8.9. MnDOT has developed the plans and specifications for the Segment #3 construction. The City and County have each reviewed the plans and specifications and with their signatures on the plans cover sheet have approved the construction plan and specifications currently being advertised to prospective contractors. The County will control and manage the construction work of this project. The plan set to be constructed were last signed and dated by the Project Design Engineer dated: 5/14/2015 and are incorporated herein by reference. The County shall provide a final plan set demonstrating any and all changes since such signatures were provided prior to the final execution of this Agreement. 8.10. Upon completion the County will secure and provide to the City final and correct "as built" drawings and record plans from its contractor for the new frontage road (segments 1 & 3) and in the "AutoCAD" format as required by the City Engineer. 8.11. The north frontage road at Osgood Ave is designed to accommodate a future traffic signal. No material alterations to the design of the north frontage road (Segments 1 & 3) may be made without the written consent of the City and the County. 8.12. The City will be replacing the water main in Oren Ave. at its sole expense, but all final land reclamations and roadway reconstruction, beyond water main trench re -filling within Segment #3 construction area, shall be the responsibility of MnDOT and/or Washington County as addressed with the frontage road realignment project. The City shall ensure proper compaction for backfill of trenching or any other excavations. Settlement of the water -main trench or any other excavations related to city work, and any costs that may arise due to poor compaction, will be the responsibility of the City. 8.13. During the construction of Segment #3 the City may at its discretion and cost inspect the construction work, attend construction meetings and review all change orders. The City's comments will be reviewed by the County. The County shall not materially deviate from the approved plans without the written consent of the City which shall not be unreasonably withheld by the City. The County will have authority over any issues that impact their execution of the construction and administration of the Segment #3 construction. The County will notify the City of any Change Orders that may be proposed. 8.14. MnDOT and the County will convey all their respective property rights in Segments #1 & #3 to the City. Both MnDOT and County have easement rights and not the underlying fee. If underlying fee is held by MnDOT or the County, such interests shall also be fully released to the City at no cost. The City -required MnDOT and County property interests will be conveyed to the City within approximately two years of final signature of this Agreement. A clause will be included in MnDOT's conveyance that allows existing utilities to remain in the Segment #1 turn back area, including any existing MnDOT-owned utilities. Any easements or other property interests accepted by the City under this Agreement shall be wholly and completely released by the State of Minnesota and the County to the City without restriction. There are no reservations or rights expressed or implied being preserved by the State of MN and/or any other party from this Agreement or any other prior agreement or contract. 8.15. MnDOT and the County shall ensure that all real property interests to be conveyed to the City .. under this Agreement are free of all public or private encumbrances except those belonging to the City and except for existing utilities authorized to remain in place pursuant to Article 8.14. MnDOT will provide the City with title information in MnDOT's possession and reasonably requested by the City. Page 6 of 11 MnDOT Contract No: 04959 Should there be errors or defects in such conveyances to the City by the County, then the County shall be required to correct such deficiencies. If the City identifies any title issues or concerns prior to the conveyance, the City will give the County prompt notice of such issues or concerns. The County will not be required to correct deficiencies if those deficiencies have been remedied by the City obtaining prescriptive rights pursuant to Minnesota law. The County will indemnify and defend the City but only for the property the County has conveyed to the City from any and all title claims asserted by any persons or entities claiming adverse rights that impair or impede the City's right to locate, maintain or replace a street right of way for public transportation and municipal utility placement and utilization 8.16. Once the roadway has been placed under the jurisdiction of the City, the City will be the exclusive permitting and regulatory authority for the roadway (segments 1 & 3) conveyed to the City and will retain full control over any/all utility locations, use, closures, easements, weight restrictions and future modifications. 8.17. The City and the County will not maintain any facilities that serve a private function, regardless of location; this includes the stairway to "Fury's upper lot" and any storm sewers that serve only a private function, without a separate agreement approved by the City and/or the County. This does not include the retaining wall that is part of the Segment #3 roadway and which will be the City's responsibility. While under State or County jurisdiction or control, unless expressly and separately approved by the City in writing, MnDOT and the County must ensure that all private facilities to be constructed shall not be located on lands to be conveyed to the City. 8.18. Washington County may close or restrict any access points to Osgood Avenue, lying south of STH 36, as it deems necessary and pursuant to established law. Prior to any such closures, the City and area property owners shall be provided with reasonable and timely public review of county plans, including an opportunity to comment on the proposal(s) and provide input. 8.19. There shall not be any street lighting (illumination) installed as part of this Project; if any street lighting is requested or required by any entity, the requesting party shall pay for the installation and pay for all required maintenance and electricity costs to operate .There shall not be any plantings, trees or any other organic or inorganic ornamental elements of this Project. All facilities shall be of highly durable, low -maintenance construction. If any such plantings or ornamental items are requested or required by any entity, the requesting party shall pay for the installation and pay for all future required maintenance and care at their own expense. 8.20. Should the City execute the water main work as generally outlined in this Agreement and the State and/or the County not promptly and in good faith undertake the subsequent Oren Ave and Segment #3 contract by August 5th, 2015, MnDOT shall, within 60 calendar days of receiving written notice from the City, restore the Oren Ave surface and drainage elements to a condition at least equivalent to its condition prior to the installation of the water main. THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Page 7 of 11 CITY OF OAK PARK HEIGHTS The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: Title: Date: By: Title: Date: 10nM 14 &halm WASHINGTON COUNTY The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinan f By: Title: Date: By: Title: Date: 13co.g 04-4r 1414\c c\r0 gag. MnDOT Contract No: 04959 DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: Date: Approved: By: %DAS— ftt(District Engineer) (State Design Engineer) Date: I- (0- COMMISSIONER OF ADMINISTRATION By: Date: (With delegated authority) Appro ' f as orm: Assistan Was ington County Attorney Page 8 of 11 M nDOT Contract No: 04959 INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. RESOLUTION15z:Q9_27 A RESOLUTION APPROVING THE THREE -PARTY AGREEMENT BETWEEN THE STATE OF MINNESOTA, WASHINGTON COUNTY AND THE CITY OF OAK PARK HEIGHTS FOR A CHANGE OF ROADWAY JURISDICTION AND MAINTENANCE AGREEMENT FOR 60TH STREET NORTH —ALSO KNOWN AS THE NORTH FRONTAGE ROAD. Whereas, the City of Oak Park Heights, the State of Minnesota and Washington County, (the Parties) have agreed that the current roadway known as 60th Street / the North Frontage Road is outdated and is better served being relocated to a new location; and, Whereas, the Parties have agreed on land acquisition, construction cost responsibilities and long-term maintenance elements for this Relocation Project; and, Whereas, the parties believe that this Project should be executed promptly; and, Whereas, Minnesota Statutes §161.20 authorizes the Minnesota Depart. Of Transportation (MnDOT) to enter into agreements with other governmental authorities to carry out the purposes of Minnesota Statutes Chapter 161; and, Whereas, The City and County are each a Road Authority as defined in Minnesota Statutes §160.02 (subd. 25); and, Whereas, MnDOT has determined that the current portion of 60th Street North (Trunk Highway No. 36 North Frontage Road) from the City boundary near Omaha Avenue to Oren Avenue (Segment #I) is no longer needed for highway purposes; and, Whereas, The City, County and MnDOT have entered into this Agreement to provide for the orderly release of this frontage road to the jurisdiction of the City and to provide for the cooperative relocation and reconstruction of a new frontage road. NOW, THEREFORE BE IT RESOLVED by the City Council for the City of Oak Park Heights that it does hereby approve the enclosed Change in Roadway Jurisdiction and Maintenance Agreement for the 60th Street as attached. BE IT FURTHER RESOLVED that the City Attorney shall be authorized to make any final amendments to the Agreement as his office deems necessary to facilitate the Project outcome. Adopted by the City Council of the City of Oak Park Heights, Minnesota, this 26th day of May, 2015. Jo : nson, City Administrator CITY OF OAK PARK HEIGHTS, MINNESOTA Page 9 of 11 MnDOT Contract No: 04959 sriii:nn CI IV camm9T lalrle1011% 1271 1 1 IIRE T =* I I! �® a NORTH FRONTAGE ROAD ' REALIGNMENT S E I'`: S.F. 8214-179 EXHIBIT A Sllilel*o[w ,-C1re wu,clin. Olt PI11{SM(I4a11 G11s ID4rs I4iEC 1ru'"a 1aa m H 36 NORTH FRONTAGE ROAD REALIGNMENT S.P. 8214-179 EXHIBIT B Page 10 of 11 Exhibit C Legend Access Locations Full Access Waaingteaa County MnDOT Contract No: 04959 C :. ._ :!: :C3 H«vv 36 - North Frontage Road Project .access 111aiiagemeuit Page 11 of 11 BOARD OF COMMISSIONERS WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2015-093 DATE June 16, 2015 MOTION BY COMMISSIONER Miron DEPARTMENT Public Works SECONDED BY COMMISSIONER Bearth NORTH FRONTAGE ROAD AGREEMENT JURISDICTIONAL ROAD TRANSFERS AND MAINTENANCE WHEREAS, the Washington County is realigning the North Frontage Road at Trunk Highway 36 and County State Aid Highway 24. WHEREAS, the agreement between Oak Park Heights and the State of Minnesota, Department of Transportation outlines jurisdictional road transfers and maintenance necessary for the project. NOW, THEREFORE, BE IT RESOLVED, that the Chair of the Washington County Board of Commissioners and the Washington County Administrator are hereby authorized and to execute the agreement with the City of Oak Park Heights and the State of Minnesota, Department of Transportation for jurisdictional road transfers and maintenance related to the North Frontage Road Realignment project. COUNTADMINISTRATOR CHAI R ON, COUNTY BOARD BEARTH YES NO X BIGHAM X KRIESEL X MIRON X X WEIK CERTIFICATION I certibi that the above Resolution is an accurate copy of the Resolution adopted by the Board of Commissioners of Washington County at an authorized meeting held on the 16th day of June, 2015, as shown by the minutes of the meeting in my possession. 1 (Signature) 3 e CYNcjLk (Type or Prinz Name) •600. Ciev,\ (Title) S bsc iibed and sworn to before this /7/P day ofVU. 1//; 2015. Notary Public My Commission Expires 01) DEBRA K. MCDONALD Notary Public -Minnesota My Commission Expires Jan 31, 2019 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, L irector of Public Works DATE: September10, 2015 SUBJECT: Approval for concrete sidewalk repairs. DISCUSSION: Staff is proposing a project to eliminate trip hazards on city sidewalks. This work involves horizontally cutting the concrete to eliminate the difference in elevation at a sidewalk joint. This process is less intrusive than removing and installing new sidewalk panels and is less expensive. The location of work proposed would be in the southeast corner of the City where there are 90 sidewalk repairs. Staff attempted to get two quotes, but one contractor was not responsive. Sidewalk Savers, LLC submitted a price of $65 per repair, which is also the same rate from when they did last year's wok for the City. This amounts to $5850 in repairs. The work as proposed would take no more than one week. RECOMMENDATION: It is recommended that Council approve Sidewalk Savers, LLC for the concrete repair work in the amount $5850 Staff had budgeted for this work in the streets operating budget. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion pass a motion Approving Sidewalk Savers, LLC, to perform sidewalk repairs in the amount of $5850 Date: 09/11/15 STAFF REQUEST ITEM Department: City Hall Date: 09/11/15 DESCRIPTION OF REQUEST (Briefly outline what the request is) Approval of agreement for fire alarm monitoring for City Hall. Now that Fire Department is no longer at City Hall to monitor our fire alarm we have to have an outside agency take over. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) $300 annually for Monitoring and $725.00 one time fee for digital alarm communicator. ADDITIONAL INFORMATION ATTACHED Yes _X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman I RESOLUTION 2015-160 APPROVAL OF MONITORING AGREEMENT WITH ESCI SYSTEM INEGRATORS BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between the ECSI System Integrators and the City of Stillwater for monitoring of fire alarms at City Hall, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor to sign the contract on the City's behalf. Adopted by the City Council of the City of Stillwater this 15th day of September 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ?ECSI System Integrators MONITORING AGREEMENT DATE: June 8, 2015 PROPERTY ADDRESS TYPE OF SYSTEM: Fire Alarm System BILLING INFORMATION 2300 Territorial Road St. Paul, MN 55114 Phone: 651-735-7470 www.ecsillc.com Stillwater City Hall 216 4th Street North Stillwater, MN 55082 TYPE OF SERVICE PROVIDED TERM OF CONTRACT QUOTATION Annual Monitoring 1 Year Term $300.00 Annually for Monitoring at our Central Station Digital Alarm Communicator — installation and programming One-time Charge $725.00 Additional Fire Alarm Service Technician Hourly Rate As needed on a time & material basis $95.00 per hour — business hours w/$40.00 truck charge per call After hours service available at overtime rates DESCRIPTION OF WORK TO BE PERFORMED Provide 24 Hour Monitoring. Notes: Our quote assumes that all systems to be monitored meet the following requirements: Are complete, functional and properly installed. Are provided with the required number of active communication paths (phone lines, etc). Meet the requirements of the local AHJ. Are supported by an active ECSI Alarm Monitoring Service Agreement signed by the building owner or manager. •ECSI System Integrators 2300 Territorial Road St. Paul, MN 55114 Phone: 651-735-7470 www.ecsillc.com GENERAL: Maintenance service will be furnished to customer by Electronic Communication Systems, Inc. for the equipment as indicated above. This service will consist of: a) Inspections: () Annual () Semi Annual () Quarterly (x) Monitoring b) Cleaning, adjusting, the equipment covered under this agreement. The above described service will be performed by Electronic Communication Systems, Inc. without the necessity of prior notice on customer's part. c) Shop repairs as determined by Electronic Communication Systems, Inc. (If Applicable) d) On site service during Electronic Communication Systems, Inc. normal working hours. (If Applicable) e) Replacement of all non -repairable components and hardware. (If Applicable) TERMS OF PAYMENT: For the service (s) listed in this agreement the customer will pay the amount shown above in advance. For each subsequent renewal period, customer will pay, in advance, Electronic Communication Systems, Inc. current established charges. EQUIPMENT CONDITION: It is understood that the listed equipment at the date here -of is in good operating condition and also that the service to be rendered does not cover repairs required because of accidents, acts of God, alteration, abuse, misuse, fire, water, or failure of the customer to properly follow operating instructions of said system(s). Electronic Communication Systems, Inc. reserves the right to examine equipment prior to commencement of the agreement and in the event the equipment requires overhauling or rebuilding, an estimate will be submitted for the customer's approval before the work is started. It is further understood that Electronic Communication Systems, Inc. does not cover the cost of repairs due to improper service by the customers maintenance department or its representatives or tenants tampering with covered equipment stated in this agreement. AUTHORIZATION: Maintenance service is authorized by the customer to be rendered by Electronic Communication Systems, Inc. to the equipment listed for the period above noted and from year to year thereafter unless this agreement is terminated by either party as herein provided. Either party may terminate this agreement upon written notice to the other party, given not less than thirty (30) days immediately prior to any anniversary date hereof. APPROVED BY: CUSTOMER ACCEPTANCE: ECSI Electronic Communication Systems, LLC 2300 Territorial Road St. Paul, MN 55114 BY: BY: Brian Torney DATE: TITLE: Service Account Manager REMARKS: CITY COUNCIL MEETING DATE: REQUEST: September 15, 2015 CASE NO.: 2015-14 Consideration of adoption of the City of Stillwater Master Trails Plan and approval of an update to the City of Stillwater 2030 Comprehensive Plan PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND In April, 2014 the City Council entered into a professional services contract with Melissa Douglas to develop a Citywide Master Trails Plan. The Council designated the Planning Commission to also develop necessary 2030 Comprehensive Plan Amendments (CPAs) that would be result of the new Master Plan. A draft plan was presented to the Council at their regularly scheduled meeting in May, 2015 prior to the release of the draft plan for public comment. In conjunction with the Parks and Recreation Commission, the Planning Commission developed the Master Trails Plan and required CPAs over the last 15 months. DISCUSSION As a reminder to the Council, the Master Trails Plan reflects the policies of the community, identifies how the community's trail system should be developed in the future, and addresses implementation and action items which will help achieve the desired future trail system. This plan was developed with significant public input, as identified in Ms. Douglas's attached memo. As with all plans, this is a long-range guiding document which will be employed through a variety of mechanisms and means. Pages 29-31 of the plan specifically address the Implementation Items relating to off-street trails and bike routes, on -street bike lanes, sidewalks, trailheads, crossings, and policies, plans and programs. REQUEST AND RECOMMENDATION Staff is requesting the Council open the public hearing to take public comment, discuss the Master Trail Plan and associated CPAs, and consider adopting the Master Trail Plan and approving the CPAs, contingent on approval from the Metropolitan Council. In a continued public hearing held on September 9, 2015 the Planning Commission forwarded a favorable recommendation for the Council's adoption of the Master Trails Plan and the approval of the required Comprehensive Plan Amendments. The recommendation was contingent on the updating of the plan to reflect comments provided to the City of Stillwater by Washington County as well as minor changes to the plan to reflect a revised scheduling of MNDOT's Loop Trail opening. Staff recommends the Council adopt the Master Trails Plan, with changes as discussed by Melissa Douglas, and approve Case No. 2015-14, Comprehensive Plan Amendments. ATTACHMENTS Memorandum written by Melissa Douglas and dated 9-15-15 Comment Summary dated 6-10-2015 Washington County Comments dated June 26, 2015 Draft Trails Plan dated 6-22-2015 Comprehensive Plan Amendment Ch. 1, Community Background Comprehensive Plan Amendment Ch. 8, Parks and Trails Comprehensive Plan Amendment Ch. 9, Transportation Resolution Date: To: From: Re: City of Stillwater Trails Master Plan September 15, 2015 Mayor, City Council, City Administrator Melissa Douglas, Planning Consultant City of Stillwater Trails Master Plan Update Review of Comments and Revised Plan Review of Proposed Comprehensive Plan Amendments Vision and Guiding Principles Build on Stillwater's history and natural setting to become a leading active transportation community and one of Minnesota's premier trail destinations. Community. A destination trail system that serves the people of Stillwater as well as visitors, businesses and employers. Promotes tourism, job creation and economic vitality. Provides access to nature and understanding of the city's history. Safety. A trail system that ensures safe recreation and travel for all trail users regardless of age or ability. Encourages activity and wellness. Accessibility. A trail system that is easily accessed and accommodates a mix of users inclusive of all abilities. Information about the trail system is readily accessible and easy to understand. Connections. A trail system that links neighborhoods, schools, employment opportunities, commercial areas, regional trails and public transportation and connects members of the community to each other and the landscape. Communication. A trail system that educates and interprets the landscape and natural setting, uses technology to Public Review of Draft Plan In May and early June, the draft Stillwater Trails Master Plan was circulated for public review: ✓ The draft plan and related Comprehensive Plan amendments were provided to adjacent communities and Washington County for review. ✓ The draft plan was posted on the City's website with a survey form for feedback. ✓ Individual meetings were held with Washington County, Oak Park Heights and the Downtown Revitalization Committee Bicycle Subcommittee to review the plan details. ✓ The draft plan was presented at a meeting with Washington County parks commission members sponsored by the Alliance for Sustainability. ✓ A public open house was attended by over 20 individuals who provided input on the plan. ✓ A public hearing on the draft plan and related Comprehensive Plan amendments was held at the June Planning Commission meeting. ✓ Based on public input and comments received, the draft plan was revised. ✓ The Parks Commission reviewed the revised Trails Master Plan in June and recommended adoption. ✓ The Planning Commission reviewed the revised plan and took further public comment on September 9, 2015 and recommended adoption with the revisions noted in this memo. City of Stillwater Trails Master Plan Update Trails Master Plan The revised draft plan was provided to the Planning Commission in late June in anticipation of discussion at the July Planning Commission meeting. The Planning Commission had lengthy agendas at both their July and August meetings so discussion of the Trails Master Plan update was deferred until their September meeting. The June 22, 2015 draft addressed comments received as of June 10, 2015. Comments received and addressed are summarized on the attached table. Washington County submitted additional comments in their letter dated June 26, 2015 (attached). The following revisions to the June 22, 2015 draft are recommended to address specific comments by Washington County: 1. Revise Section 1.3 Regional Setting to include a reference to the Lake Links Regional Trail Alignment. 2. Section 6.0 Proposed Network Improvements. a. Revise proposed improvements for Greeley Street from Highway 36 to Myrtle Street to include on -street bike lanes and sidewalks rather than a sidewalk and off-street multi -use trail. b. Revise proposed improvements to include either a trail or a sidewalk adjacent to Fairview Cemetery along Osgood Avenue from the city boundary to Orleans Street. c. Identify a bike/pedestrian connection from CR-5/Stonebridge Trail to the Brown's Creek State Trail in the Plan with the recognition this connection may be located in Stillwater Township. d. Add an off-street multi -use trail on the west side CR-5/Stonebridge Trail with a separated trail crossing. 3. Section 6.2 Specific Corridor Recommendations. Revise recommendations for Highway 36 to show this corridor as an area for further study rather than giving specific recommendations at this time. Significant coordination with MnDOT, Washington County and Oak Park Heights will be need to ensure a cohesive and safe pedestrian and bicycle system in this area. On -going construction makes it difficult to fully evaluate changes in traffic patterns during the preparation of the draft plan. A study area designation will more accurately reflect changing conditions and give the City flexibility to address issues and opportunities as they arise. 4. New appendix showing typical cross sections and details for on -street bike routes, bike lanes, multi -use trails and sidewalks. Also, timing for expected completion of the new St. Croix River Crossing was recently changed from November 2016 to some time in 2017. Conversion of the Lift Bridge to non - motorized traffic may not occur until 2018. The draft will be updated to reflect the correct schedule. Finally, on a positive note, use of the Brown's Creek trail this summer has been greater than predicted by the DNR. Unfortunately, safety has become a concern where the trail crosses local roads, particularly Neal Avenue and Hazel Avenue. Cyclists have been failing to stop and verify that no motor vehicles are present before crossing. Topography and vegetation limit visibility for on -coming motorists. The draft plan document and map will be updated to note these locations as areas for further study. 2 City of Stillwater Trails Master Plan Update Adoption of the updated Trails Master Plan At this time, we ask that the City Council adopt the updated Trails Master Plan with the revisions noted above and any additional revisions requested by the City Council. Adoption of Implementing Comprehensive Plan Amendments To implement the updated Trails Master Plan, Stillwater's 2008 Comprehensive Plan must be amended to reference and reflect the new document and changes in conditions. Proposed revisions to the Comprehensive Plan are attached. We also request that the City Council adopt the necessary comprehensive plan amendments to implement the updated Trails Master Plan. If you have any questions or comments prior to the meeting, you are welcome to contact me via e-mail at mjdouglas(a�comcast.net. Attachments Comment Summary Washington County comment letter dated June 26, 2015 Trails Master Plan, draft dated June 22, 2015 Proposed comprehensive plan amendments, Chapters 1, 8 and 9 3 Draft Stillwater Trails Master Plan, Comments Received Comment Proposed Response Page Reference Improve resolution of images, maps and pictures in documents. (Bill Turnblad, Community Development Director [BT]) Image resolution reduced to minimize file size for easy downloading during public comment period. Higher resolution images will be included in final draft. General Street name/type and jurisdictional corrections throughout document (Shawn Sanders, Public Works Director and City Engineer [SS]). Revisions made. General Agree with importance of connectivity, safety, accessibility, natural/scenic features. Historic interpretation is a nicety if resources are available. Maps with location, distance and directions would be most beneficial. (Survey response) The need for way -finding signage and maps is discussed extensively throughout the plan. No revision needed. p. 8 Trails are not just for recreation but also as routes to schools, stores, etc. (Survey response) No revision needed. P. 9 Lack of discussion of the river in the plan as a transportation corridor and connection to the trail system. (Public meeting comment) Discuss with Planning and Parks Commission how to best incorporate the riverway into the plan. P. 9 Concurs with need for integration of trails in the community and need for continuity to improve convenience, safety and use. (Frank Piontek, resident [FP]) No revision needed. p. 9-10 Concurs with goal of a regional, interconnected trail system. (City of Oak Park Heights [OPH]). Bike racks needed at businesses and malls. (Survey response) New section on bicycle parking to be added. p. 15 New regional trails create significant need for bicycle parking in downtown Stillwater. There should be a standard design for bike racks downtown. Portable racks should be considered as an interim solution. (Downtown Revitalization Committee Bicycle Subcommittee [DRC]) Bicycle parking will be needed downtown and should be provided in commercial areas and at schools and parks. (Public Meeting comments) Trailheads need water and restrooms. (Survey response) Text to be revised to note these facilities should be included at trailheads. p. 15 Concern about adequate parking for regional trail users at trailheads. (Public Meeting comment) 1 Draft Stillwater Trails Master Plan, Comments Received Comment Response Page Reference Possibility for trailhead or facilities at Kolliner Park? (DRC) A master plan for Kolliner Park was adopted by the City of Stillwater in 1998 included plans for restoration north of the Lift Bridge and trails, beach access and facilities south of the Lift Bridge. This plan will need to be updated to reflect Lift Bridge conversion to pedestrian/bicycle only. Text to be revised to note this property represents an opportunity for the City of Stillwater for development in conjunction with the new St. Croix Crossing Loop Trail. p. 15 Signs and other communications needed emphasizing that Brown's Creek Trail is multi- use, for pedestrians as well as bikers. Could a centerline be added to the trail? (Survey response) Inquiry sent to DNR about whether any further trail signage or markings are to be installed. New section to be added about multi -use potential conflicts and education opportunities. p. 15 p. 19 Conflicts between many users on Brown's Creek Trail — cyclists, pedestrians, skateboarders, roller bladers, segways, surreys — need for education and public safety presence. (DRC) Need for public safety patrols of Brown's Creek Trail. (Public Meeting comment) Provide education on trail courtesy including passing etiquette. (Public meeting comments) Speed limits on trails? (Public Meeting comment) Research potential for speed limits on regional and local trails. p. 15 Notes the need for communication and collaboration between agencies and communities. (FP) Section to be revised to emphasize the need for inter -agency coordination. p. 19 Need for contact and coordination with the DNR on Brown's Creek Trail Management and with MnDOT on the St. Croix Crossing Loop Trail. (Public Meeting comments) No snowmobiles. Plow trails in winter. (Survey response) Two existing snowmobile trails in Stillwater are along Highway 96 and Highway 12/75th Street are designated by Washington County. This information will be noted in new section on potential trail user conflicts. p. 20 Update of snow removal policy will be a separate discussion, not part of the Downtown Master Plan. (BT) Reference to Downtown Master Plan removed. p. 20 2 Draft Stillwater Trails Master Plan, Comments Received Comment Response Page Reference Add trail section along Neal Avenue as a High Priority, Near -Term improvement, especially the section between Boutwell and McKusick. (FP) Discuss with Planning and Parks Commissions and City Council. p. 21 p. 27 New trail needed along Neal Avenue especially from Eagle Ridge to Brown's Creek Trail. (Survey response). Will work with Stillwater on plans for bicycle/pedestrian improvements for North Frontage Road and Highway 36 corridor including complimentary facilities within Oak Park Heights. Notes that no funding has been identified for further improvements. (OPH) Discuss with Planning and Parks Commissions and City Council. Right -of- way limitations with realignment of the North Frontage Road at Osgood Avenue will limit opportunities for a bicycle lane in this area. p. 22 Figure 4 Add bike route connection to Government Center. (DRC) Discuss with Planning and Parks Commission, City Council and Oak Park Heights. p. 22 Figure 4 Crossings at Highway 36 needed. Map should show connections south of Highway 36 to destinations such as the high school. (Survey response) Revise text to incorporate comments. p. 22 Signal timing for Highway 36 crossings need to accommodate pedestrians/bicyclists. (Public meeting comment) Connection from Highway 5 to Brown's Creek Trail needed. (Survey response) Plan discusses the need for this improvement but does not make it a priority. Depending on alignment/location, connection may be within Stillwater Township. Discuss relative priority of this improvement with Planning and Parks Commissions and City Council. p. 22 Washington County cost -share requirements are a concern. (Steve Russell, resident and former Community Development Director [SR]) Requested clarification of current cost- sharing formula from Washington County staff. p. 22-23 Crosswalks, especially on Highway 12 and Highway 5, are a low-cost way to improve safety and should be a high priority. (SR) Revise text to highlight need for crossing improvements on these corridors. p. 22-23 Improve crossings at Lily Lake School and across Myrtle Street. Conflicts with drivers stopping on trails and sidewalks where they cross driveways, especially along Curvecrest Boulevard. (Survey response) Revise text to note this conflict. p. 23 3 Draft Stillwater Trails Master Plan, Comments Received Comment Response Page Reference Does Public Works agree that Curvecrest Boulevard is overbuilt? (BT) City Public Works staff concurred with this statement. Last available traffic counts indicate 8500 to 6600 daily vehicle trips on Curvecrest Boulevard. MnDOT State Aid standards require four through lanes only where daily vehicle trips exceed 15,000. Many "road diets" have been successfully implemented throughout Minnesota by converting four lane roadways to three lane roadways, making room for pedestrian and bicycle facilities and improving safety. This information added to the plan and references. p. 23 Recommend new Bike Committee as sub- committee of existing Parks Commission because of limited staff resources. (BT) Discuss with Planning and Parks Commissions and City Council. p. 25 Recommend new Bike Committee include Planning Commission and Park Commission members as well as several at -large community members. (SR) Agree with the need for a new Bike Committee as a subcommittee of either the Planning or Park Commissions. (DRC) Add first -year implementation plan. (SR) Discuss with Planning and Parks Commissions and City Council. p. 26 Park and trail improvements are also made by developers in conjunction with new development. (BT) Revise text for clarification. p. 26 Require park and trail improvements with redevelopment and new development. (FP) Revise timing of proposed trailhead at Highway 96 and Manning Avenue from a mid- term (5-10 years) to a long-term (10+ years) improvement. (SS) Revise table. p. 28 Concurs with need for on -going trail planning and recommends including the City of Bayport in these discussions. (OPH) Revise text and table to include adjacent and nearby communities as well as Washington County. p. 29 Add bike route connection to Stillwater Junior High School. (DRC) Discuss with Planning and Park Commissions and City Council. Figure 4 Figure 4 should more clearly show existing versus proposed trails along 75th Street. (BT) Revisions to be included in final map draft. Figure 4 Figure 4 does not clearly show trail connections around Long Lake. (FP) Improve readability of Figure 4. (SR) Add improvement priority to Figure 4. (SR) 4 Washington June 26, 2015 Bill Turnblad Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Public Works Department Donald J. Theisen, P.E. Director/County Engineer Wayne H. Sandberg, P.E. Deputy Director/Assistant County Engineer RE: Washington County Comments on the Draft Trails Master Plan Dear Mr. Turnblad: Thank you for providing Washington County the opportunity to comment on the Draft City of Stillwater Trails Master Plan. Washington County Traffic and Transportation staff reviewed the document and offer the following comments: • Section 1.0, Planning Context provides a robust summary of Stillwater, the St. Croix River Valley and Washington County which supports the framework and connections to current and future county and regional trails. • Section 1.1 Benefits of Community Trails acknowledges that planned trails provide safe transportation routes to walk or bike to work, school and local stores. They also connect parks, playgrounds and other destinations. • Section 1.1 Benefits of Community Trails provides a policy to improve community health through active transportation. Washington County also promotes, plans and develops trails for active multi -modal transportation, which is the infrastructure to improve health. • Section 1.3 Regional Setting should include a reference to the Lake Links Regional Trail Alignment Masterplan, which includes an off -road trail along TH 96 from Manning Avenue into downtown Stillwater. Figure 4 of the draft plan identifies a future trail along TH 96 from CSAH 15/Manning Avenue to CSAH 5/Stonebridge Trail. • 6.0 Proposed Network Improvements. The following are a number of recommended improvement considerations and clarifications which should be incorporated into the plan: o Sidewalks and shoulder bike lanes might make more sense along Greeley Street from Highway 36 to Myrtle Street. o The county and the city should evaluate whether a trail or sidewalk should be considered adjacent to Fairview Cemetery along Osgood Avenue from the City Boundary to Orleans Street. 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action o There needs to be a better definition of On -Street Bike Routes. Will there be Bike Route Signs (Green Signs)? Washington County does not incorporate bike route signage along county roads. Wayfinding or destination signage is more appropriate for bikers to get to where they are going. Was there consideration on incorporating sharrows? The county will continue to work with the city on planning and design for specific corridors. o There should be pedestrian/bike facilities along the north TH 36 frontage road but where? Would it be appropriate to remove the center left turn lanes? o Sidewalks are shown on the north side of CR 51 Olive Street from Willard Street to Brick Street and on the south side of the CR 5/Olive Street section, from Deer Path to Owens Street. The county will continue to work with the city on refining the sidewalk locations as the preliminary design moves forward. o A bike/ pedestrian connection from CR 5 to the Brown's Creek State Trail should be identified in the plan. o An off-street multi -use trail should be shown on the west side of CR 51Stonebridge Trail to the future Browns Creek Trail connection with a separated trail crossing. • 6.2 Specific Corridor Recommendations. County Road (CR) 5. Washington County will continue to work with the city on the detailed design of the CR 5 incorporating the recommendations identified in the plan. • 6.2 Specific Corridor Recommendations. Washington County will continue to work with the city on the detailed design of CSAH 12/Myrtle Street. Through the planning process, there needs to be a resolution on where on -street parking and bump -outs will be located between Deer Path and Owens Street if bike lanes are to be incorporated along the roadway. • Page 27-28, Implementation Plan. Washington County will continue to work with the city on the implementation items identified in the plan. Thank you for the opportunity to comment on the Draft Stillwater Trails Master Plan. Please call me at 651-430-4362 or e-mail me at Ann.pung-terwedo@co.washington.mn.us if you have questions or comments. Ann Pung-Terwe Senior Planner Cc: \€4,91) Joe Gustafson Traffic Engineer Becky Haydon, Project Engineer Draft Stillwater Trails Master Plan Draft Stillwater Trails Master Plan I 6/22/2015 Draft Stillwater Trails Master Plan Pathway to 2040 Acknowledgements This plan is the result of the dedication, skill and effort of many people. The City of Stillwater wishes to give special thanks and recognition to the following individuals: Planning Commission Ryan Collins Jenna Fletcher Sean Hade Eric Hansen Cameron Kelly Michael Kocon Chris Lauer Gim Middleton Anne Siess City Council Ted Kozlowski, Mayor David Junker Doug Menikheim Michael Polehna Tom Weidner Planning Consultant Melissa Douglas Cover Art Jane Dierberger Park and Recreation Commission Linda Amrein David Brandt Scott Christensen Robert McGarry, III Solveg Peterson Sandy Snellman Don Stiff City Staff J. Thomas McCarty, City Administrator Bill Turnblad, Community Development Director Abbi Wittman, City Planner Shawn Sanders, Public Works Director/City Engineer Tim Moore, Public Works Superintendent Quinn Williams, Planning Secretary Beth Wolf, Engineering/Public Works Secretary Trail Mapping Pack 114, 5th Grade Webelo Den Table of Contents 1.0 Planning Context 3 2.0 Vision and Guiding Principles 8 3.0 Goals and Policies 9 4.0 Existing Conditions 11 5.0 Needs and Opportunities 15 6.0 Proposed Network Improvements 21 7.0 Non -Infrastructure Recommendations 25 8.0 Implementation 26 Draft Stillwater Trails Master Plan I 6/22/2015 �j Draft Stillwater Trails Master Plan I 6/22/2015 1.0 Planning Context Stillwater is a vibrant small city known for its notable role in early Minnesota history, beautiful location along the scenic St. Croix River and historic, walkable downtown. The Stillwater Lift Bridge is a major landmark, crossing the St. Croix River between Stillwater and Houlton, Wisconsin. Beyond the riverfront, Stillwater is a truly diverse community. Residential neighborhoods range from downtown condominiums to historic homes to new housing developments. Commercial services vary from small storefronts to neighborhood shops to large shopping centers. The city's natural setting includes river bluffs, ravines and steep topography to the east extending to small lakes, gentle hills, wetlands and grasslands to the west. Part of the Twin Cities Metropolitan Area and the county seat for Washington County, Stillwater borders the state of Wisconsin to the east. The predominantly rural communities of Stillwater Township, Grant and Lake Elmo lie to the north, west and southwest, respectively. Highway 36, an arterial connecting Stillwater to St. Paul and Minneapolis, lies along much of the city's southern border. The suburban community of Oak Park Heights directly abuts Stillwater to the southeast and extends along the south side of Highway 36. The Highway 36 corridor in both Stillwater and Oak Park Heights is developed predominantly with auto -oriented commercial areas and office buildings. A new St. Croix River bridge is under construction at Highway 36 with completion planned for 2016. DOWNTOWN STILLWATER AND THE LIFT BRIDGE 1.1 Benefits of Community Trails Stillwater has long recognized trails and pathways as important community connections. Early development included stairs and sidewalks that traversed ravines and bluffs to connect housing to lumber mills and businesses along Main Street. Stillwater's trail and sidewalk system continues to provide many benefits to residents and visitors: ■ Offers affordable, close -to - home recreation for individuals and families. ■ Builds a sense of community by bringing people together. MAIN STREET STAIRS, CONSTRUCTED 1871 ■ Preserves character and natural heritage, offering people a new way to discover the special places within their community. ■ Provides safe transportation routes to walk or bike to work, school and local stores. ■ Improves community health by promoting active transportation. ■ Creates an economic development tool for attracting tourists and new businesses and maintaining residential property values. ■ Allows people of all ages and abilities to experience the outdoors and to learn about the natural world. ■ Connects open space and natural areas to create habitat corridors for wildlife. 1.2 Changing Conditions and Related Plans Formal trail planning in Stillwater began with the city's 1918 Comprehensive Plan and remains on -going. The most recent trail plan was adopted in 2000 "to develop and maintain a city-wide interconnected network of trails to provide valuable recreational and transportation opportunities for city residents and visitors." Draft Stillwater Trails Master Plan I 6/22/2015 This update to the city's trail plan was prompted by two major additions to the regional trail system connecting to downtown Stillwater: the Brown's Creek Trail completed by the Minnesota Department of Natural Resources in 2014 and the Loop Trail under construction as part of the St. Croix River crossing at Highway 36. Together, these two new regional trails add over 10 miles of scenic, dedicated hiking and biking trails centered on downtown Stillwater. This Trails Master Plan builds not only on the previous trail plan but on continuing local, regional and state planning efforts (see References). Stillwater's 2008 Comprehensive Plan acknowledged the importance of providing an accessible, safe and attractive trail system with the riverfront as the focus of the open space system and as a significant cultural and historical amenity. To align this Trails Master Plan with the next Comprehensive Plan update, the planning horizon is 25 years -- from 2015 to 2040. The adopted Trails Master Plan will also provide context for the 2015 Stillwater Downtown Master Plan. STILLWATFR MUNICIPAL. BARGt DOCKWALL SITE 1.3 Regional Setting Stillwater extends along the banks of the St. Croix River, an important transportation corridor for the early fur trade and then later for the lumber industry. Designated a national Wild and Scenic River in 1968 and 1972, the St. Croix River is now primarily known for its scenic and recreational values, contributing to the local tourism economy. It remains a transportation corridor as a designated state water trail from St. Croix State Park to Hastings. Minnesota State Water Trails are a system of recreational routes on waterways managed by the Minnesota Department of Natural Resources (DNR) for canoeing, kayaking and camping. The system includes a network of public water accesses and campsites. The St. Croix River was one of the first four rivers legislatively designated as "Canoe and Boating Routes" in 1963. County, state and regional trail plans include future projects that, if implemented, offer the opportunity for Stillwater to serve as a central destination for a large regional trail network. Timing for these projects is not specified but many may be completed within the timeframe for this plan. These projects include: ■ Munger Trail System. The Willard Munger Trail System was authorized by the Minnesota State Legislature in 2007 to extend from St. Paul to Duluth. The system is being developed by the Minnesota Department of Natural Resources and includes the new Brown's Creek Trail and the Gateway Trail that currently extends from St. Paul to Pine Point Regional Park north of Stillwater. The Munger Trail System is also complete from Hinckley north to Duluth and Lake Superior. • Gandy Dancer State Trail. The Gandy Dancer State Trail runs 98 miles from St. Croix Falls to Superior, Wisconsin, with about 30 miles in Minnesota. The Wisconsin Department of Transportation has proposed connecting the St. Croix River Crossing Loop Trail to St. Croix Falls to extend the trail corridor to 130 miles. • St. Croix Valley Regional Trail. The Metropolitan Council recently added the Middle St. Croix Valley Regional Trail Corridor to its system plan. This proposed trail would extend south 7.4 miles from the new St. Croix River Crossing Loop Trail at Highways 95 / 36 to connect to the St. Croix Valley Regional Trail in Lakeland. Draft Stillwater Trails Master Plan I 6/22/2015 Currently terminating in Afton, the St. Croix Valley Regional Trail will ultimately extend an additional 20 miles south to Hastings, Minnesota. • Central Greenway Regional Trail. Washington County plans a Central Greenway Regional Trail from Big Marine Park Reserve in Marine -on -St. -Croix to Cottage Grove Ravine Regional Park. In Stillwater, this trail exists along Manning Avenue, the city's western border, and connects to the Brown's Creek Trail. • St. Croix County Trail Connections. St. Croix County, Wisconsin was recently awarded a grant to complete a bicycle and pedestrian plan for the county. Priority trail segments identified for study include connections to the city of Hudson and Willow River State Park from the St. Croix River Crossing Loop Trail. 1.4 Planning Process Revision of the Trails Master Plan was led by the Planning Commission in consultation with the Parks Commission and the City Council. The process began by gathering information -- reviewing related plans, policies and other documents, doing site visits and mapping existing trails and pathways. As part of this initial information gathering, agency staff and stakeholders were consulted. After a draft plan was developed, public meetings will provide additional opportunities for input. After revisions based on comments and public input, a final plan will be revised and recommended by the Planning and Parks Commissions, adopted by the City Council and reviewed by the regional Metropolitan Council. Gather information. Review related documents. Consult with stakeholders. Develop draft plan. Identify needs and issues. Develop vision and guiding principles. Circulate draft for review and comment. Develop final plan for adoption. Submit for Metropolitan Council review. 2.0 Vision and Guiding Principles Long-range planning can only be successful if a community establishes a vision and values (guiding principles) that outline its aspirations for the future. A vision statement establishes an ideal, developed with input from citizens, business owners and community leaders. Guiding principles expand on the vision by stating community values and priorities. This plan will guide trail and transportation planning for the next 25 years. The world will change over that time in ways difficult to anticipate. The vision and values establish the lasting framework for the community trail system and serve as a touchstone for making decisions, establishing priorities and resolving conflicts. The vision statement was developed through an initial visioning workshop and subsequently refined throughout the planning process. Build on Stillwater's history and natural setting to become a leading active transportation community and one of Minnesota's premier trail destinations. Community A destination trail system that serves the people of Stillwater as well as visitors, businesses and employers. Promotes tourism, job creation and economic vitality. Provides access to nature and understanding of the city's history. Accessibility A trail system that is easily accessed and accommodates a mix of users inclusive of all abilities. Information about the trail system is readily accessible and easy to understand. Safety A trail system that ensures safe recreation and travel for all trail users regardless of age or ability. Encourages activity and wellness. Connections A trail system that links neighborhoods, schools, employment opportunities, commercial areas, the river, regional trails and public transportation and connects members of the community to each other and the landscape. Communication A trail system that educates and interprets the landscape and natural setting, uses technology to make information widely available and includes signage that is clear and informative. Draft Stillwater Trails Master Plan I 6/22/2015 Draft Stillwater Trails Master Plan I 6/22/2015 3.0 Goals and Policies The following goals and policies for the Trails Master Plan are consistent with the city's Comprehensive Plan park, trails and transportation goals and are established based on existing conditions, Council and Commission recommendations and public input: 1.0 Develop a regional interconnected trail system with other local governments, the school district, Washington County, the Metropolitan Council, Wisconsin communities and Minnesota and Wisconsin state agencies. 1.1 1.2 1.3 1.4 1.5 1.6 Develop a comprehensive trail system that traverses the community both east - west and north -south and links the local trail system to existing and proposed regional trails. Encourage regional and state agencies to promote enhanced design standards and coordinating signage for regional trails passing through the city. Coordinate local improvements with those of outside agencies. Promote compatibility on multi -use trail using proper etiquette guidelines. Advocate for future regional trail projects that expand and improve the trail network connecting to Stillwater. Serve many types of users through all seasons. 2.0 Use the trail system to connect significant environmental, cultural and historical amenities throughout the community. 2.1 Reinforce the riverfront as the focus of the downtown Stillwater trail system, providing connections to public water access and the St. Croix Water Trail. 2.2 Maintain the historical and natural setting of potential trail corridors such as rights -of -way, ravines, open spaces and greenways. 2.3 Provide safe pedestrian/bicycle access to the historical district and the riverfront by connecting downtown and the city's residential neighborhoods. 2.4 Protect, restore and manage natural resources during trail development, use and maintenance. 3.0 Increase bicycling trips for commuting and local travel as a cost-effective, healthy and environmentally friendly alternative in the transportation system. 3.1 Expand and link the trail system between neighborhoods and work centers and local destinations throughout the city. 3.2 Where adequate, uninterrupted right-of-way is available, use separate bicycle paths to provide long, continuous routes for commuting trips. 3.3 Integrate bikeways, transit lines and pedestrian paths. 3.4 Route pedestrians and bicyclists off major or congested roadways wherever possible. 4.0 Make pedestrian travel fun, safe and enjoyable by developing a continuous comprehensive "walkable community" trail system. 4.1 Maintain existing sidewalks and add new facilities in residential areas where demand exists. 4.2 Ensure construction of sidewalks and trails in new development consistent with the adopted Trails Master Plan. 4.3 Complete sidewalk links in neighborhoods lacking sidewalks. 4.4 Provide pedestrian access to both active and passive recreational areas, as well as access to Stillwater's natural areas. 4.5 Develop and promote traffic safety and education programs. 5.0 Plan and construct a city-wide bikeway system to connect major activity centers, scenic open space, recreation areas and regional trails. 5.1 Include bicycle lanes on new and upgraded bridges, crossings and overpasses and the Highway 36 Frontage Road. 5.2 Require bicycle facilities according to the adopted Trails Master Plan as part of the development review process. 5.3 Provide trailheads, restrooms, parking locations and attractive bicycle racks at key locations including parks, downtown and commercial centers. 5.4 Establish and maintain appropriate use and safe standards and guidelines for bicycle facilities, programs and projects. 5.5 Provide adequate road width on new streets to accommodate bicycles. 5.6 Retrofit existing roadways to accommodate bicycles recognizing right-of-way width limitations where applicable. 6.0 Promote use of the trail system and make trail information readily available. 6.1 Develop and implement uniform signage for the city's trail system for safety and way -finding. 6.2 Increase awareness of the city's history and unique natural features using signage, maps, technology and other communication tools. 6.3 Promote economic growth by advertising the trail system to increase tourism, attract new visitors year-round and link to local businesses. 7.0 Ensure accessibility of the trail system in accordance with the spirit and requirements of the Americans with Disabilities Act. Draft Stillwater Trails Master Plan I 6/22/2015 Draft Stillwater Trails Master Plan I 6/22/2015 CHILKOOT HILL 4.0 Existing Conditions 4.1 Local Trail System Figure 1 shows the existing trail system that includes over 30 miles of paved trails, 57 miles of sidewalks and about 10 miles of natural surface trails. The City of Stillwater and the Stillwater Cross Country Ski Association together maintain over four miles of cross country ski and hiking trails in Brown's Creek Park and Nature Preserve at McKusick Road and Neal Avenue. See Figure 2, Brown's Creek Preserve Trail Map. The city has also developed maps and materials for pedestrian routes of historic interest (Historic Downtown Walking Tour) or for fitness (Step It Out! with Washington County). See Figure 3 for existing sidewalks. Stillwater does not have any striped on -street bike lanes. In 1972, the City Council designated a bike route along West Laurel Street, south on North Second Street, east on Mulberry Street and then south along Water Street. The route is poorly signed and not shown on the city's trail maps. Cyclists regularly use local streets, mixing with motor vehicle traffic. Serious cyclists train on the city's hills, most notably Chilkoot Hill, on Second Street S between Pine and Olive Streets. Chilkoot Hill with its 24% grade annually hosts the Stillwater Criterium, part of the North Star Grand Prix, reputedly one of the hardest races in North America. 4.2 Regional Trail System BROWN'S CREEK PARK IN WINTER Two new major regional trails extend from downtown Stillwater. The Brown's Creek State Trail is a 5.9-mile route that connects to the Gateway Trail at Duluth Junction. The new St. Croix River Crossing Loop Trail connects the pedestrian/bicycle-only Lift Bridge with the new bridge on both the Wisconsin and Minnesota sides. The entire loop is 6 miles in length with 1.2 miles in Stillwater. Other significant regional trails include a segment of the Central Greenway Trail along Manning Avenue. The St. Croix River is part of the Minnesota Water Trail system. �� J Browns Creek Nature Preserve Trail Map TRAILS P ds Badge Sdewa Nii. ra 1 9ZOZ/ZZ/9 I uaid aals2W spa!' Jalemi gS l4aa4 in i,mil ' i£" :;. .: ' �I :...:�i .:.. ZillrOMIll Draft Stillwater Trails Master Plan I 6/22/2015 4 a 1 'I Parks and Sidewalks col CtmprI+tra+w Ran -41k ( t at teltnot PIAN OP mtns A.1114; Clog• 1". s)dr Draft Stillwater Trails Master Plan 6/22/2015 5.0 Needs and Opportunities 5.1 Regional Trail Facilities and Connections With the new Brown's Creek and the St. Croix River Crossing Loop Trails, Stillwater will become a regional trail destination. The Minnesota Department of Natural Resources estimates 75,000 people will use Brown's Creek Trail annually. The Minnesota Department of Transportation did not develop use projections for the St. Croix River LOOP TRAIL VISUAL SIMULATION Crossing Loop Trail but noted the trail has the potential to become a destination trail similar to the St. Anthony Falls Heritage Trail in Minneapolis. A 2009 University of Minnesota study on economic impacts of recreation trails determined that Metro area walkers and hikers spent $289.5 million annually while bicycle riders spent an additional $137.3 million. This spending does not include visitors from outside the Metro region. Since both trails terminate in downtown Stillwater, they will bring new visitors to the historic district and patrons for local businesses. Other studies have shown that easy access to recreational trails supports and increases residential property values. Additional trail improvements and facilities are needed to accommodate these expected new visitors. Safety, interpretive and way -finding signage will be needed on the regional trails and throughout the community. The Brown's Creek Trail and St. Croix River Crossing Loop Trail do not intersect. The city will construct a local trail in phases through 2017 to connect the terminus of the Brown's Creek Trail with the Lift Bridge and the St. Croix River Crossing Loop Trail. Bicycle traffic must be routed and controlled to avoid conflicts with pedestrians and motor vehicles. BIKE RACK, DOWNTOWN Trailheads must be developed including adequate vehicle parking and other amenities such as restrooms and water stations. Identified trailhead locations within Stillwater include the City's North Main Street parking lot near the Stillwater Depot, Bridgeview Park, Brown's Creek Park and the southeast corner of Highway 96 and Manning Avenue. Kolliner Park is located on city -owned property north and south of the Lift Bridge on the Wisconsin shoreline. A master plan was adopted for this park in 1998 but has yet to be funded or implemented. This master plan should be updated to reflect the planned Lift Bridge conversion to trail use only and the planned St. Croix Crossing Loop Trail. The Kolliner Park master plan should explore opportunities for a possible trail head, improved public water access and connections to the St. Croix River Water Trail including potential launching area, storage and outfitter access for non -motorized watercraft such as canoes, kayaks and paddleboards. 5.2 Bicycle Parking New regional trails will bring many new visitors to Downton Stillwater either via bicycle or who drive, park and then ride. These users will create the need for significant new bicycle parking in downtown. Brown's Creek Trail is projected to have 75,000 annual users, about 60% estimated to be cyclists. No user projections were developed for the St. Croix Loop Trail. Trail use will be heaviest during the summer month. Existing permanent bicycle parking downtown is limited. Significant additional bicycle parking will be needed downtown to accommodate regional trail users and to encourage trail users to patronize local shops and restaurants. There is no generally accepted methodology for calculating bicycle parking demand in a regional trail setting. Using information provided in the Brown's Creek Trail Master Plan and extrapolating from data for Gateway Trail use, estimated peak bicycle parking demand will be 300 to 500 by 2018 when both regional trails will be open and fully operational. Bicycle parking demand will have significant seasonal variation. Major considerations for bicycle parking include visibility, accessibility and security. To accommodate seasonal demand, the city should consider using temporary bicycle valet parking during events and on peak summer weekends and possibly installing on -street bike corrals during the summer months. Permanent, secure bicycle racks should also be incorporated into the downtown streetscape as part of the Downtown Master Plan. Bicycle lockers should be considered for installation near transit stops or in parking garages to facilitate bicycle commuting. Outside of downtown, Stillwater's municipal code should be updated to include permanent bicycle parking requirements in conjunction with commercial, office, high -density housing and institutional development and redevelopment. Bicycle parking regulations should also Draft Stillwater Trails Master Plan I 6/22/2015 Draft Stillwater Trails Master Plan I 6/22/2015 routinely require bicycle racks to be incorporated into transit stops, parks, schools, open space and trail heads. 5.3 User Conflicts Trail users within Stillwater will be diverse - walkers, runners, cyclists, bladers, skate boarders, skiers, surreys, Segways, wheelchairs, snowmobiles, among others. Research has consistently shown that most trail users are satisfied with and enjoy their trail experience. Conflicts among trail users, however, do exist and can potentially be serious. Trail conflicts can occur among different user groups (i.e., walkers and bladers) among different users within the same user group (i.e., novice and advanced cyclists). City goals for multiple -use trail management include maintaining safety, protecting natural resources, and providing enjoyable recreational experiences. To meet these goals in a multiple use setting, trail management must acknowledge and address potential conflicts through trail design, information and education, user involvement, regulations and enforcement. 5.4 Local Bicycle Connections Stillwater has some wonderful existing trails such as the Lake McKusick trail but lacks a connected system for cyclists. Local streets have no bikeway facilities (such as bike lanes or bike routes). In general, Stillwater roadways are not bike friendly. There is a need for safe facilities for families and novice bicyclists. Topography and traffic barriers prevent many people from riding. Steep terrain and existing development limit connections to the riverfront from the bluff top and make bicycling uphill more challenging. Parts of Stillwater IIJGH SCHOOL CYCLING TEAM ON CR S are isolated by busy roads with on -street parking and no trails, sidewalks or shoulders. Specific corridors of concern include Highways 5, 36 and 95, Myrtle Street and Greeley Street. Bicyclists are forced to either take congested roads or go out of their way to find a less traffic intense option. Especially for visitors, routes off of main roads are difficult to navigate. Existing motor vehicle traffic patterns are expected to change with the opening of the new St. Croix River Crossing. With closure of the Lift Bridge, through bridge traffic from the east and south will no longer travel through downtown or adjacent neighborhoods. Streets like Chestnut, Third and Myrtle are currently congested during peak weekday travel hours and on weekends. These streets may see a significant reduction in motor vehicle use, creating more opportunities for bicycle facilities. Available traffic projections and their associated assumptions are dated and unreliable. At this juncture, a wait -and -see approach is most practical for major investments in new bicycle facilities so that new traffic patterns can emerge after the new bridge is open. Flexible, lower -cost improvements such as pavement markings and signage are best suited to changing conditions. Climate also limits bicycle trips in winter months. With the advent of "fat tire" bikes (led by Minnesota companies Surly and Salsa) riding year-round has become more common and should be considered when developing and maintaining bicycle facilities. 5.5 Completing the Pedestrian Trail and Sidewalk System Pedestrian facilities in Stillwater residential areas vary depending on the era of development — some neighborhoods have sidewalks on both sides of the street, some neighborhoods have sidewalks on one side of the street and others have no sidewalks or sidewalks on major (collector and arterial) roadways only. Areas without sidewalks can benefit from their addition as part of street reconstruction projects. As new development or redevelopment occurs, sidewalks and trails should be required as shown on the adopted Trails Master Plan and implemented through the zoning and subdivision ordinances. Sidewalk standards should reflect differences in neighborhood character. One way to achieve that goal would be to link sidewalk standards to zoning districts. At a minimum, sidewalks on one side of all residential streets will be required in the less dense RA — One - Family Residential, TR - Traditional Residential and LR - Lakeshore Residential zoning districts. Areas with higher densities and smaller lots would have more use and need sidewalks on both sides of residential streets. Sidewalks or multi -use trails should also be provided in commercial areas and along any collector or arterial roadways. The city should have flexibility to tailor sidewalk requirements in larger planned developments. Stillwater contains large tracts of right-of-way and greenway corridors with little designated public access. Public access and trails should be established through greenway corridors such as the open space area around the east side of Long Lake where possible. Draft Stillwater Trails Master Plan I 6/22/2015 Draft Stillwater Trails Master Plan I 6/22/2015 5.6 Safety and Accessibility Another concern is the degree to which existing sidewalks comply with the Americans' with Disabilities Act (ADA) design standards. Many existing sidewalks do not meet these standards and should be modified or rebuilt if hazards exist over time as projects occur. ADA design standards should be met in new projects. Stillwater School District walking areas are currently one-half mile for elementary schools and one mile from secondary schools. Stillwater has four public elementary schools, one public junior high school and three private/charter schools within the community. Walk boundaries vary from year to year and were 3/a-mile at the time of the previous trail plan. In any case, it is clear that most of the city falls within school walking areas. Providing safe and comfortable walking routes to and from schools should be at the forefront of future sidewalk and trail improvements. Law enforcement resources will be needed to patrol trails, parking areas and scenic overlooks. Public safety and public works staff will have on -going roles in planning, enforcement and education to ensure a safe trail system. Effective methods must be developed to communicate information about proper trail use, seasonal trail closures and trail etiquette. Public safety and public works departments should coordinate in the collection and annual evaluation of crash/safety data so that areas of concern can be identified and addressed as needed with the expected increase in use related to the new regional trails. SCHOOL SAFETY PATROL 5.7 Mountain Bike Trails For all its outdoor opportunities, the Stillwater area has few places for mountain biking. The Stillwater Area Scholastic Cycling Advocates (SASCA) has proposed building a new mountain bike trail in Stillwater. Under the proposal, SASCA would enter into an agreement with the city to build and maintain a beginner- to intermediate -level mountain biking trail. SASCA would pay for trail construction and maintenance. Initially, SASCA proposed building a trail in Brown's Creek Park and Nature Preserve. However, bicycling is not presently a permitted use in the 2005 Brown's Creek Preserve management plan, and there is a Conservation Easement on the nature preserve property. The city will continue to work with SASCA and the state on project location, feasibility, construction and maintenance. SINGLE TRACK MOUNTAIN BIKE TRAIL IN DULUTH 5.8 Coordination, Awareness and Outreach The intent of connecting trails is to increase their utility as transportation corridors and o value as recreational amenities. Generating publicity for the Stillwater trail system will be C N important in building support both locally and regionally. Since trails in Stillwater are a co combination of local, county, regional and state trails, the need for inter -agency — communication and collaboration will be high. Dedicated staff resources will be important to insure the city can take a lead, proactive role in trail design, development, maintenance u, and coordination. 2 To promote awareness, trails must be easy to find, access and follow. Trailheads should be .co well -signed and visible from main roadways. A system of way -finding signage is needed along with trail and bikeway system maps and other information at trailheads, on-line and at 3 key community places. Coordinated signage and a unique Stillwater trail system logo will help create a sense of place and promote community identity. 0 Draft Stillwater Trails Master Plan I 6/22/2015 In additional to trail and route locations, signage, internet and print materials should include itinerary planning information such as: ■ Parking options and directions ■ Location of amenities such as restrooms, points of interest, restaurants and lodging ■ Distance, difficulty and time for different trail segments ■ Special event information as available. The city should work with partners such as the Minnesota Department of Natural Resources, Washington and St. Croix counties, nearby communities, the Chamber of Commerce and the Visitors and Convention Bureau to promote and increase awareness of the local and regional trail systems. Annual user counts for the trail system will be vital to engage media, advertisers and grant - funding agencies, build support for new projects and to plan for needed infrastructure. 5.9 Maintaining the Trail System Proper maintenance is critical to the usability of a trail system. Due to budget constraints, Stillwater must plan carefully to provide appropriate resources to maintain the current and expanded trail system. Volunteers have been instrumental in supplementing City efforts to maintain and improve the trail system. Maintenance needs include: ■ Repair and restoration as needed ■ Enforcement of trail use regulations ■ Surface maintenance ■ Slough and berm removal ■ Drainage maintenance ■ Mowing and vegetation clearance ■ Structure maintenance such as culverts, switchbacks, retaining walls, wash crossings, overpasses, bridges, etc. ■ Sweeping ■ Litter and waste removal ■ Snow removal Snow removal is a complicated maintenance requirement. If trails are to be utilized year- round by pedestrians and cyclists, snow removal will be needed for some trails, meaning some adjacent areas will be needed for snow storage. In addition, snow removal may be needed to eliminate snow bank sight distance restrictions in some locations. Alternate winter time uses of trails such as cross country skiing or snowshoeing should also be considered. Stillwater Public Works has developed a snow and ice removal policy for sidewalks and trails. These guidelines should be updated as the system is expanded and uses change. In the downtown district, snow removal needs, roles and responsibilities have been points of on -going discussion. Resources (labor, materials and equipment) available for maintenance should increase as the system expands. To determine needed z 0 F z 0 Q 0 z maintenance resources, the city should develop a maintenance program and schedule for the trails system. Draft Stillwater Trails Master Plan I 6/22/2015 41k Draft Stillwater Trails Master Plan I 6/22/2015 6.0 Proposed Network Improvements 6.1 Priority Improvements Figure 4 shows proposed improvements to the existing trail and sidewalk network. Having the base trail system well-defined facilities discussions with developers, county departments and state agencies and provides an opportunity for more favorable grant and funding submittals. This figure shows all proposed improvements, but priority facilities are listed below: 4 Greeley Street from Highway 36 to Myrtle Street Off-street multi -use trails CR 5 from Willard Street to Brick Street Washington Avenue from Curvecrest Boulevard to Highway 36 Osgood Avenue/CR 24 from City Boundary to Orleans Street Owens Street/CR 5 from Wilkins Street to Sycamore Street On street bike routes Brick Street from Myrtle Street to Pine Street Pine Street from Brick Street to Third Street S Fourth Street from Orleans Street to Pine Street Third Street from Pine Street to Laurel Street Chestnut Street from Third Street S to the Lift Bridge Laurel Street from Owen Street to Second Street N 111 Second Street N from Laurel Street to Hazel Street Hazel Street from Second Street N to the Brown's Creek Trail Wilkins Street from Second Street N to CR 5 Croixwood Boulevard from CR 5 to Northland Avenue Northland Avenue from Croixwood Boulevard to 75th Street /CR12 On -street bike lanes Myrtle Street from Brick Street to Third Street S Highway 36 North Frontage Road Sidewalks Admundson Drive Olive Drive/CR 5 from Deer Path to Owens Street/CR 5 Owens Street/CR 5 from McKusick Road to Wilkins Street Trailheads North Main Street Lot Bridgeview Park Brown's Creek Park Highway 96 and Manning Avenue Crossings 4 CR 5 at Pine Street Owens Street/CR 5 at McKusick Road Owens Street/CR 5 at Elm Street Other improvements Mountain bike trail 6.2 Specific Corridor Recommendations Highway 36. Highway 36 and the frontage road system serve as a major barrier for pedestrians and bicycles between Stillwater and Oak Park Heights. Related improvements for the new St. Croix River Crossing include a bicycle trail along the south Frontage Road that connects to the St. Croix River Crossing Loop Trail. No trail improvements were provided along the north Frontage Road. This Trails Master Plan shows a study area for potential bicycle/pedestrian improvements along the north Frontage Road. The north Frontage Road lies within both Stillwater and Oak Park Heights and will require joint planning to improve pedestrian and bicycle facilities in this corridor. Safe crossings of Highway 36 for pedestrians and cyclists are a significant concern. Signal timing must be altered to allow adequate time for pedestrian and cyclist crossing. Safe refuges are needed for pedestrians and cyclists waiting to cross. Facilities should be connected between communities to allow for safe, continuous access to destinations in the corridor such as Stillwater High School, commercial uses and employers. Highway 95. The city's previous trails plan called for a continuous bicycle path along TH 95 from Oak Park Heights through downtown Stillwater to the Boom Site. The new city and regional trails planned and under construction will complete much of this corridor. Remaining needs include trail heads, parking, bicycle parking design and location, snow removal and signage as well as a future trail extension to the historic Boom Site historical interpretation and public water access. These needs will be evaluated as part of the 2015 Downtown Master Plan in consultation with Stillwater Township and the Minnesota Department of Transportation. AERIAL VIEW OF CR 5 AND MYRTLE STREET Draft Stillwater Trails Master Plan I 6/22/2015 Draft Stillwater Trails Master Plan I 6/22/2015 County Road 5. Washington County is currently developing a plan for pedestrian and bicycle improvements for segments of CR 5— from Croixwood Boulevard to Owens Street and from Linden Street to Highway 96. The adopted Trails Master Plan includes a multi -use trail on the south side of Olive Street from Willard Street to Brick Street and a sidewalk on the north side of Olive Street from Willard Street to Owen Street. Sidewalk and trail sections are also shown north of McKusick Road on Owen Street to Sycamore Street. Crossing improvements are urgently needed on CR 5 because of traffic volumes, adjacent residential use, nearby schools and major trail connections. The Trails Master Plan prioritizes improve pedestrian crossing facilities at McKusick Road, at Elm Street near Stonebridge Elementary School and at Pine Street near Lily Lake Elementary School. Crossing improvements will also be needed at Brick Street. The city encourages Washington County and Stillwater Township to develop access to Brown's Creek Trail from CR 5. 75th Street (CR 12)/Myrtle Street. This corridor appeals to motor vehicles, cyclists and pedestrians because it is a direct route to downtown Stillwater and the Lift Bridge from the west. Traffic volumes are expected to decrease with the new St. Croix River Crossing, but these reductions may be offset by new development in the city's annexation area. There is an existing off-street multi -use trail on the south side of 75th Street that terminates at Brick Street where 75th Street becomes Myrtle Street. Beginning at Brick Street, there are substandard sidewalks on both the north and south sides of the roadway. Stillwater's 2008 Comprehensive Plan identifies Brick Street as a potential connection between CR 12 and CR 5 to relieve congestion at the Owens Street/Myrtle Street intersection. The volume and speed of motor vehicles on75th Street creates a barrier for pedestrians and cyclists. The Trails Master Plan shows an off-street trail on the north side of the roadway extending to Brick Street. A signalized crossing is planned at Maryknoll Drive in conjunction with the new fire station now under construction. The Trails Master Plan also shows an off- street bike route on Brick Street connecting to Pine and Third Street S to reach downtown. This route has gentler topography and much less traffic than Myrtle Street. A safe crossing of CR 12 is therefore needed at Brick Street. This intersection is preferred to Deer Path because of sight lines, housing density and speed limit. Myrtle Street however will continue to be used by cyclists who prefer a more direct route. To that end, the Trails Master Plan recognizes the need to accommodate bicycles on Myrtle Street by proposing on -street bicycle lanes from Brick Street to Third Street. Cyclists could then follow the on -street bike route to the Lift Bridge and regional trails. COURAGE KINNEY REHABILITATION CENTER Curvecrest Boulevard. Curvecrest Boulevard east of CR 5 to Greeley Avenue is a horizontally mixed -use area including commercial, office and industrial uses as well as high - and medium -density residential units. There are also a cluster of medical and social support uses including medical offices, a senior center, a rehabilitation facility and social service agencies. Consequently, this area has a high number of special needs users reliant on the sidewalk and trail system year-round to navigate between uses and obtain needed goods and services. However, the trail system in this area is incomplete, inconsistent and lacks adequate crossings. Timely snow removal is a particular concern. Driveway crossings create conflicts and safety concerns when motor vehicles encroach onto sidewalks and trails when exiting instead of stopping behind them. Curvecrest Boulevard is currently overbuilt (four lane, divided with turn lanes) for its traffic volume (6,600 to 8,500 daily vehicle trips). MnDOT State Aid standards require four through lanes only where daily vehicle trips exceed 15,000. Many "road diets" have been successfully implemented throughout Minnesota. Four land roadways are converted to three land roadways, making room for pedestrian and bicycle facilities and improving safety. Until the roadway is due for reconstruction, Community Development and Public Works should jointly develop interim improvement recommendations such as new trail segments where easements can be obtained or crossings to improve pedestrian safety and mobility in this area. Figure 4 shows Curvecrest Boulevard as an area for further study. Draft Stillwater Trails Master Plan I 6/22/2015 7.0 Non -Infrastructure Recommendations Non -infrastructure recommendations include plans, policies and programs needed to achieve the vision, goals and policies of the Trails Master Plan. Many of these recommendations have been discussed in previous sections such as the need for joint planning efforts or coordinated signage for the city's trail system. All non -infrastructure recommendations are summarized on the table in Section 8, Implementation. One additional recommendation not previously discussed is the formation of a special advisory committee to guide implementation of the Trails Master Plan. This committee could be a new group, incorporated into the work of an existing commission or sub- committee of an existing commission, such as the Parks and Recreation, Traffic or the Planning Commission, as determined by the City Council at their discretion. A special committee given goals, guidelines, parameters and restrictions could implement priorities consistent with recommendations of the Plan. The Trail Master Plan shows the system in general terms. The committee would need to refine the system looking at intersections, trail locations, specific trail widths and details of coordination within and through parks. In addition, the committee can review financing alternatives and assist with grant writing, events and education. Draft Stillwater Trails Master Plan I 6/22/2015 8.0 Implementation Implementation should be based on funding, priorities, and system connections. Recommended priorities and timing are shown on the following table. Priorities are listed as High, Medium and Low. Timing is shown as Near -Term (within the next 5 years), Mid - Term (5-10 years in the future) and Long -Term (more than 10 years in the future). The City has used a number of financing methods to support trail planning, construction and maintenance. Trail segments have been funded through the Capital Improvement Program (CIP), and some have been matched with grants. Funding trails through the CIP does provide an ongoing trail improvement program. Other trail improvements have been constructed as part of street improvements or in conjunction with new development. However, missing connections, where there is no existing trail or sidewalk and where the trail is a critical element in a loop for recreation or a major trail, need to be highest priority. Traffic volume can be used to help prioritize segments and also to establish priorities between sidewalks and trails where none exist. It is possible that some segments may be adequate for a considerable period of time and would receive a low priority rating. In addition, priorities will be affected by the available funding sources. Trail segments within the corridors will change over time, as some opportunities open and others fail to materialize. Therefore, this plan should be reviewed at least every five years and updated and improved as needed. Draft Stillwater Trails Master Plan I 6/22/2015 Draft Stillwater Trails Master Plan I 6/22/2015 Implementati onsibilit ' ing Off-street multi -use trails 1 Greeley Street from Highway 36 to Myrtle Street Washington County/Public Works Medium Long -Term 2 CR 5 from Willard Street to Brick Street Washington County High Near -Term 3 Washington Avenue from Curvecrest Boulevard to Highway 36 Frontage Road Public Works Medium Long -Term 4 Osgood Avenue / CR 24 from City Boundary to Orleans Street Washington County Medium Mid- Term 5 Owens Street/CR 5 from Wilkins Street to Sycamore Street Washington County Medium Mid- Term On -street signed bike routes 1 Brick Street from Myrtle Street to Pine Street Public Works High Near -Term 2 Pine Street from Brick Street to Third Street S Public Works High Near -Term 3 Fourth Street from Orleans Street to Pine Street Public Works High Near -Term 4 Third Street from Pine Street to Laurel Street Washington County/ Public Works High Near -Term 5 Chestnut Street from Third Street S to the Lift Bridge MnDOT/Washinton County/Public Works High Near -Terri 6 Laurel Street from Owen Street to Second Street N Public Works High Near -Term 7 Second Street N from Laurel Street to Hazel Street Public Works High Near -Term 8 Hazel Street from Second Street N to the Brown's Creek Trail Public Works High Near -Term 9 Wilkins Avenue from Second Street N to Owens Street/CR 5 Public Works Low Mid -Term 10 Croixwood Boulevard from CR 5 to Northland Avenue Public Works High Near -Term 11 Northland Avenue from Croixwood Boulevard to 75th Street Public Works High Near -Term Impentation Item °"'� Timing Rsi' On -street bike lanes 1 Myrtle Street from Deer Path to Third Street S Washington County/Public Works High Mid -Term 2 Highway 36 North Frontage Road MnDOT/Public Works Medium Near -Term Priority sidewalks 1 Admundson Drive Public Works Medium Mid- to Long -Term 2 Olive Street/ CR 5 from Deer Path to Owens Street/CR 5 Washington County High Mid- to Long -Term 3 Owens Street/ CR 5 from McKusick Road to Wilkins Street Washington County High Near- to Mid -Term New trailheads 1 North Main Street Lot Community Development/ Public Works High Near -Term 2 Bridgeview Park Community Development/Public Works High Mid -Term 3 Brown's Creek Park Community Development/Public Works Medium Long -Term 4 Highway 96 and Manning Avenue Community Development/Public Works Medium Long -Term Priority Crossings 1 CR 5 at Pine Street Washington County High Near -Term 2 Owens Street/CR 5 at McKusick Road Washington County High Near -Term 3 Owens Street/CR 5 at Elm Street Washington County High Near -Term 4 Myrtle Street at Brick Street Washington County High Near -Term 5 Second Street at Laurel Street Public Works Medium Mid -Term Other Improvements New mountain bike trail Community Development/ Public Works Low Near- to Mid -Term Draft Stillwater Trails Master Plan I 6/22/2015 30 Draft Stillwater Trails Master Plan I 6/22/2015 Irrenton ItenAL Responsi"'' in Policies, Plans and Programs 1 Trail safety education programs Police/Admin Medium On -going 2 Way -finding signage development and installation Community Development High Near -Term 3 Stillwater bike route logo development and installation Community Development/ Public Works High Near -Term 4 Develop and distribute trail information signage, print materials and on-line Community Development/ Public Works High Near -Term 5 Creation of Bicycle Facility Committee Community Development/ Public Works High Near -Term 6 Downtown Master Plan Update Community Development High Near -Term Kolliner Park Master Plan Update Community Development Medium Mid -Term 8 Comprehensive Plan Amendments Community Development Low Near -Term 9 Zoning and Subdivision Ordinance Amendments Community Development Low Near -Term 10 Update Snow and Ice Removal Policy Public Works Low Mid -Term 11 Develop Trails Maintenance Policy and Capital Improvement Program Public Works Medium Near -Term 12 Curvecrest Boulevard Interim Improvement Study Community Development/ Public Works Medium Mid -Term 13 Joint Trail Planning with adjacent and nearby communities, Washington County and state agencies Community Development/ Public Works Medium On -going Figure 4. Proposed Trail Plan • heater Legend TRAIL Stairs Existing Trail Bridge Future Trail Natural Path Proposed Bike Route Proposed Bike Lane DRAFT Date: 5/1/2015 Chapter 1 : Community Background Introduction & Purpose THE purpose of the background chapter is to understand the characteristics of Stillwater and the current qualities and challenges of the community. To help facilitate planning efforts it is important to understand the city's history, its current environment, and some of the trends affecting its future. The resulting baseline information has given birth to this community background chapter and has served as a guide upon which the other chapters in this plan have been developed. Much of this information was compiled as part of the "Background Report" that was completed in May of 2007 and supplemented through subsequent public forums. At the end of many of the sections in this chapter, the reader will find the heading, "Issues for the Comprehensive Plan." These issues were identified during the city's exhaustive program to update its 1995 Comprehensive Plan. They will provide direction for the other chapters in this 2008 plan update. The City of Stillwater has seen many changes since the adoption of its previous Comprehensive Plan in 1995. The 2030 Comprehensive Plan, the name chosen for the 2008 update, will focus on planning for the next 20 years. Its actual life span will only be ten years, at which time it is required by the Metropolitan Land Planning Act to be updated again. Chapter 1 Contents Introduction & Purpose 1-1 Regional Setting 1-1 Planning History 1-2 Key Definitions 1-2 Community Survey 1-3 Metropolitan Council & Stillwater's 2030 Planning Process 1-3 Demographics 1-6 Land Use and Growth Management1-8 Existing Land Use 1-8 Existing Zoning 1-10 Implementation of the Comprehensive Plan 1-11 Special Studies 1-11 Appendix A 1-14 Regional Setting The City of Stillwater is located in the eastern section of Washington County, the easternmost county in the Twin Cities Metropolitan Area. Stillwater is comprised of 8 square miles at the time of this writing, and is approximately 23 miles east of the St. Paul Central Business District (CBD) and 28 miles from the Minneapolis CBD. ❑❑ PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Chapter 1 : Community Background 1-1 Stillwater is bordered by Stillwater Township to the north, the City of Grant to the west and the City of Oak Park Heights to the south. Stillwater's eastern border is the St. Croix River and the State of Wisconsin. The City of Stillwater was officially incorporated March 4, 1854, making it one of Minnesota's oldest cities. Stillwater is often referred to as the "Birthplace of Minnesota." In 1848, a territorial convention that began the process of establishing Minnesota as a state was held in Stillwater at the corner of Myrtle and Main streets. Lumbering was the predominant industry in the St. Croix River Valley in the second half of the 19th century, and for many years logs were sent down the St. Croix, collected at the St. Croix Boom Site two miles upstream of Stillwater, and processed in Stillwater's many sawmills. Stillwater accommodates a wide variety of land uses that provide jobs, a diverse range of housing types, a variety of commercial opportunities and public amenities and parks. Stillwater is connected to the East Twin Cities Metropolitan Area primarily by Highway 36, Highway 5, and Highway 96. Highway 95 travels north and south along the St. Croix River connecting Stillwater Township on the north and Bayport on the south. Country Road 15 marks the western boundary of Stillwater. Planning History Stillwater was the first city in the State of Minnesota to create and adopt a comprehensive plan. This plan was adopted in 1918 during the City Beautiful movement, which was occurring throughout the United States. The plan emphasized parks, landscaped streets and parkways, civic centers and walkways, particularly along natural areas such as ravines, lakes, and the St. Croix River. Below is a list of the land use and master plans the city has undertaken over the years. • 1918 - First Comprehensive Plan Adopted • 1961- Comprehensive Plan • 1979 - Comprehensive Plan • 1979 - West Stillwater Business Park Plan • Downtown Plans adopted in 1972 and 1988 • 1995 - Comprehensive Plan • 1996 - Comprehensive Plan Update; Annexation Area • 2000 - Comprehensive Trail Plan • Several neighborhood plans throughout the years Key Definitions A number of planning concepts are introduced and discussed in the following chapters. A glossary of key terms discussed in the Comprehensive Plan is presented below for clarification purposes. Comprehensive Plan - A long-range plan intended to guide growth and development of a community with recommendations for the community's future economic development, housing, parks and open space, preservation of natural resources, community facilities, and land use. Future Land Use Plan - A plan within the Comprehensive Plan that guides the future use of property. In residential areas, the plan also guides the intensity of development by establishing densities (units per acre) for each residential land use category. Zoning Ordinance - The regulatory authority of the city to direct the use, placement, spacing, and size of land and buildings. Greenway Corridor - An overlay that maps high quality natural resources. The overlay is a tool that will protect natural features within the corridor while providing for an appropriate level of development and opportunities for public use such as natural trail corridors. Clustering - A development design technique that concentrates buildings on a part of the site to allow the remaining land to be used for common open space and preservation of natural resources. ❑❑ PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1-2 Chapter 1 : Community Background Life -cycle Housing - Refers to housing of a variety of types, styles, price ranges, and services to accommodate a resident's life span. Senior Housing - Refers to housing that is age restricted, most commonly for persons 55 years and older. This category can include owner or rental -occupied housing and can range in price from market rate to affordable, and can include independent living or some level of assistance/ services. Affordable Housing - Refers to housing that is either rental or owner -occupied. Housing units are considered affordable if priced at or below 30% of the gross income of a household earning 60% of the Twin Cities median family income. "... the St. Croix River, location of the city, and "my" neighborhood were the top three responses when asked what people liked most about Stillwater ... " Community Survey The City of Stillwater conducted a community survey in 2006. This survey was sent out to a large sample of residents and business owners asking about their experiences living, working and playing in the city. The survey had a 60 percent response rate. The results showed that 81 percent of respondents indicated they are happy with their quality of life in Stillwater. The survey also showed that most residents feel safe in the city and that it is a good place to raise children. The St. Croix River, location of the city, and "my" neighborhood were the top three responses when the survey asked what people liked most about Stillwater. Growth and development, traffic congestion and taxes were the top rated concerns. Metropolitan Council & Stillwater's 2030 Planning Process In 1967 the Minnesota Legislature created the Metropolitan Council to coordinate the orderly development of the seven -county metropolitan area. Minnesota law requires every municipality and county within the metropolitan area to prepare and submit a comprehensive plan to the Metropolitan Council that addresses all required components of the 2030 Regional Development Framework and the city's plan must be consistent with the Metropolitan Council's system plans. To assist local governments in this effort, the Metropolitan Council issues a "Systems Statement" to each community that describes the specific areas that must be addressed as part of the local comprehensive plan. The City of Stillwater received its revised Systems Statement in September 2005 and, with an approved time extension, is required to submit its 2030 Comprehensive Plan to the Metropolitan Council by June 30, 2009. The city's 2030 Comprehensive Plan will focus on conformance with metropolitan plans for transportation, water resources, wastewater services, housing, land use, regional parks and open space. The city's plan will be reviewed for consistency with Metropolitan Council policies and plans and compatibility with adjacent and affected government units such as Washington County, cities of Oak Park Heights and Grant, Stillwater Township, Brown's Creek Watershed District, the Middle Saint Croix Watershed Management Organization, the Carnelian Marine - St. Croix Watershed District, and school districts. The city will also need to coordinate planning efforts with government agencies such as the Minnesota Department of Natural Resources (DNR), Minnesota Department of Transportation (MnDOT) and the Minnesota Pollution Control Agency (MPCA). The City of Stillwater is classified by the Metropolitan Council as a "developed" community (Figure 1.1), which is defined as 85 percent ❑❑ PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Chapter 1 : Community Background 1-3 developed or more at the end of the year 2000. As such, the Metropolitan Council requires Stillwater to plan for 20 years of growth and identify post- 2030 growth areas. Stillwater is also required to plan for a community -wide transportation system. Improved connections need to be made between transportation, transit, pedestrian and bicycle facilities and land uses, and the city needs to improve transportation connections and identify transit opportunities. All metropolitan area communities must plan to accommodate life -cycle and affordable housing. Lifecycle housing refers to the mix of housing types that meet the housing demands of individuals and families throughout their lives, such as single family detached, townhomes, condominiums, apartments, and senior housing. Affordable housing refers to housing that a low to moderate income household could afford without spending more that 30 percent of its household income. The Metropolitan Council's definition of low -to -moderate income household is a household that makes 80 percent of the Twin Cities metropolitan area median income for owner occupied housing and 60 percent of the Twin Cities metropolitan area median income for rental housing. The Twin Cities metropolitan area median income is $54,304; therefore, 80 percent of the median income is $43,443, which translates into a $201,800 owner -occupied home. The Metropolitan Council prepared a report in 2006 that determines the affordable housing need in the region between 2011 and 2020 based on household growth potential, ratio of low -wage jobs to low -wage workers, current provision of affordable housing, and transit service. Based on this methodology, the Metropolitan Council's affordable housing goal for Stillwater is to accommodate 233 affordable housing units between 2011 and 2020. Also the Metropolitan Council requires that developed communities conserve, protect, and enhance natural resources by doing the following: • Conduct natural resource inventories • Adopt natural resource conservation techniques • Prepare local stormwater management plans • Include natural resources in the local park system • Implement Best Management Practices The Metropolitan Council will review the city's plan for conformance to all metropolitan system plans, for consistency with requirements of Metropolitan Land Planning Act and for compatibility with the plans of adjacent jurisdictions, including school districts. ❑❑ PLAN OF STILLWATER 0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1-4 Chapter 1 : Community Background Figure 1.1 : 2030 Framework 2030 Framework Planning Areas NOTE: Please refer to the Comprehensive Plans Composite map or the Regional Systems maps for the most recent inforrnation. These maps are available at the Metropolitan Council Data Center (651) 602-114OE Geographic Planning Areas Urban Planning Areas Developing Area. Developed Area Rural Planning Areas Rural Center Agricultural Dttersifcx] Rural Rural Residential Additional Information Regiona] Natural. W'/rd Resource Areas (includes Term -stria! and Wetland Area) SOURCE. Mlenas ❑NR in mesdinaiaiir ',Mils Lite Memivnr 11tee Conrail Regional Park fe Proposed Regional Park ..•... ,Regional Trail wma Transit 2025 Corridor - Principal Arterial Open Water Metropolitan Cowell ❑❑ PLAN OF STILLWATER ❑❑ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Chapter 1 : Community Background 1-5 Demographics Demographic information was collected from the 1995 Comprehensive Plan, Metropolitan Council forecasts, 2000 Census, and existing land use data. That information is displayed in the following tables. Table 1.1 shows historical census population of the city. The table also includes the City preferred population forecast for 2010 and the Metropolitan Council population forecasts made in April 2005 for 2020 and 2030. Table 1.1: Population History and Forecasts Stillwater Washington County Population Change Population Change Actual 1970 10,196 x 82,948 x 1980 12,290 20.5% 113,571 36.9% 1990 13,882 13.0% 145,896 28.5% 2000 15,323 10.4% 201,130 37.9% Estimate 2005 17,429 13.7% 224,857 11.8% Forecasts* 2010 18,400 5.6% 258,502 15.0% 2020 21,300 15.8% 316,043 22.3% 2030 19,900 -6.6% 365,570 15.7% Source: 2000 U.S. Census, *City of Stillwater preferred forecast estimates Stillwater grew from 13,882 persons to 15,323 during the 1990s. It is forecasted that the population of the city will grow by 2,471 people between 2005 and 2030. Table 1.2 shows the age breakdown of the city and county population. About 58 percent of Stillwater's population in 2000 was between the ages of 18 and 64. Persons between 0 and 18 years of age were the second largest group making up about 30 percent of the total population. Stillwater 's senior population made up 12 percent of the population. The age distribution between the city and county is relatively even, with Stillwater having a slightly larger percentage of seniors. The City of Stillwater had a slightly lower percentage of people than Washington County in the family formation stage of life, ages 25 to 44. Table 1.2 : Age of Population, 2000 Stillwater Washington County Total Percentage Total Percentage 0-4 991 6.5% 15,346 7.6% 5 - 9 1,164 7.7% 16,946 8.4% 10 -14 1,303 8.6% 17,037 8.5% 15 -17 1,037 6.8% 14,564 7.2% 18 - 24 651 4.3% 9,058 4.5% 25 - 34 1,738 11.5% 27,341 13.6% 35 -44 2,626 17.3% 38,877 19.3% 45 - 54 2,469 16.3% 30,210 15.0% 55 - 59 852 5.6% 9,850 4.9% 60 - 64 519 3.4% 6,634 3.3% 65 - 74 864 5.7% 8,830 4.4% 75 - 84 617 4.1% 4,782 2.4% 85 + 312 2.1% 1,655 0.8% Total 15,143 100.0% 201,130 100.0% Source: 2000 U.S. Census Table 1.3 presents the historical household growth of the community and the county and like Table 1-1, includes a 2005 estimate, 2010 City preferred forecast, and forecasts for 2020 and 2030 as determined by the Metropolitan Council. Stillwater presently has a slower growth rate than the county, increasing by approximately 117 households per year between 1990 and 2005. The city added 815 households in the 1990s. The Metropolitan Council forecasts Stillwater to add 1,866 households between 2005 and 2030. Table 1.3 : Households,1990-2030 Stillwater Washington County Number Change Number Change Actual 1990 5,105 x 49,246 x 2000 5,797 13.6% 71,462 45.1% Estimate 2005 6,734 16.2% 81,645 14.3% Forecasts 2010 7,200 6.9% 97,729 19.7% 2020 8,100 12.5% 122,744 25.6% 2030 8,600 6.2% 145,517 18.6% Source: 2000 U.S. Census, City of Stillwater ❑❑ PLAN OF STILLWATER 0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1-6 Chapter 1 : Community Background Table 1.4 displays the racial makeup of Stillwater and Washington County. The city is predominately white with 97.5 percent of the population identifying themselves as white. In addition to the age of residents, the educational attainment level also influences the community. Table 1.5 shows the education levels, which directly impacts the local economy, influences economic development and also suggests potential demands and expectations of current residents. About 25 percent of the population only has a high school diploma. But, 27 percent of the population attended some college. And, another 27 percent completed a bachelor's degree. Table 1.5 : Educational Attainment Table 1.4 : Race Stillwater County Race Number Percent Number Percent White 14,767 97.5 188,317 93.6 Two or more races 141 0.9 1,760 1.4 Asian 86 0.6 4,297 2.1 Some other race 55 0.4 1,216 0.6 Black or African American 48 0.3 3,689 1.8 American Indian and Alaska Native 43 0.3 785 0.4 Native Hawaiian and Other Pacific Islander 3 0 66 0 Source: US Census, 2000 Stillwater Washington County Population age 25 years and over Population Percent Population Percent Less than 9th grade 118 1.2 1,982 1.5 9th to 12th grade, no diploma 393 3.9 5,684 4.4 High school graduate (includes equivalency) 2,468 24.5 33,378 26 Some college, no degree 2,690 26.7 33,126 25.8 Associate degree 626 6.2 10,617 8.3 Bachelor's degree 2,730 27.1 30,015 23.4 Graduate or professional degree 1048 10.4 13,413 10.5 Total 10,073 100 128,215 100 Percent high school graduate or higher (x) 94.9 (x) 94 Percent bachelor's degree or higher (x) 37.5 I (x) 33.9 Source: US Census, 2000 ❑❑ PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Chapter 1 : Community Background 1-7 Land Use and Growth Management One of the initial activities associated with the 2008 comprehensive plan update process was to complete a very detailed inventory of the existing land use of each parcel in the city. This land use inventory also included all of the property located within the orderly annexation area of Stillwater Township. From this inventory, and the other background information that was compiled, areas of potential development or redevelopment could be analyzed. The inventory also revealed development patterns, densities, and trends that can provide direction for future development and redevelopment. Table 1.6 : Existing Land Use, 2007* Existing Land Use (Not Acres Percent of Total Including Planned Annexation Areas) COMM LAND & BLDGS 333.8 6.5% INDS LAND & BLDGS 18.8 0.4% INSTITUTIONAL 271.0 5.3% PARK, TRAIL & RECREATION 870.3 16.9% RES 1 UNIT (Single Family Homes) 1668.2 32.6% RES 2 UNITS 29.0 0.6% RES 3-4 UNITS 44.5 0.9% RES MORE THAN 4 UNITS 91.8 1.8% RESIDENTIAL, Misc 65.2 1.3% ROAD Right -of -Way 812.3 15.8% VACANT 175.1 3.4% Open Water 693.6 13.5% Wetland 50.6 1.0% Total City 5124.3 100.0% Source: City of Stillwater * Acreage in this table differ from Table 2.1B, since the vacant acreages in Table 1.6 does not appear in Table 2.1B. Instead it is included with neighboring uses to allow for a comparison with 2030 uses. Existing Land Use The acreage of the city on January 1, 2008 was approximately 5,124 acres. A large portion of this acreage is dedicated to single family residential uses. The city also has a significant amount of land classified as open space. Table 1.6 identifies the existing land uses within the city and the percentage of the overall land which is dedicated to that specific use. Figure 1.2 shows the existing land use graphically. ❑❑ PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1-8 Chapter 1 : Community Background Figure 1.2 : Existing Land Use `r1 1 i■\ rttr ice' uu■u a1'�INI'����=�j'ts.1-I nrinii .of1rmi. i Nunn ■n.lu-i ik ►►•_ • ma mum imanni = 1 _ —RNA nu �a is ■ imi .r-4'1y C�II� ,�1: ■�o n�I "I ��I 1`� Ili IIIHuI' �I:.IIII (IIII[ = - 1 ■I.IIIENINI1r ER I IIIIIIIIIII_■.IIIIII11111111111. ■IIII * I -+- . 1 E�� f,, API■■■■■ ■IIIIII!II!II !!nn' ■■.!I� 1 �r`I'0. ���'"- f� ` Uri ICI IIIIIIIII �•- >1.��'��ts III!; ■Ill..11a• 1J w . .■ �� 1���q,� ..J �.11.111f. IIII ■a ■■ I� ■+ �'` �►.s l�* � !GI. ..fir yam: ■- ri ri, u�■■I■ VIVIIV il- ` 743.% ��Jr . + rt 11 -■.■. IIII tG �1 . C tVr t s4 ram►" i11� II! "I' 11111 ■11111 ti � f � ..■ � � � ►@w � it ��r III1R ■.�I r NM _.. iu ,,aw�� �; ���� �rli fi'i i� M F��.r`-/ r�rt1 r■aq �'1�C nor :MI rr nr>i a.i r ■ �Iti a A►1 t rr =■ !g olio _4,4 !;!`. s: �- ■ !',: Ir rl� ,rlr I%V .■IIII IILi�I...1►r■ rr ��■iILIII■IIII.fIRi�r■.�r1M 1�a■fs a�`��� ` —�11.�7r+` !Il�s-l�r-A�jj IIlIIi=.si... ►I� �� �111r r�■ ■_ � , .. ■ i 4 4i Mimi irwkl1,I 14 1 'r it =�. �' 1I . ■■. ■■ a� ``� Lake !� ���/7f MUM .01laa a �1444 "� , tIqUiL» 1I :IIII' ■ on 11.. y '� Lon ♦ ■ ■ 'f `_ �,.R■ �,�� ., g- 011110011rfl� l.1■►4 ♦♦ �I ,�1_!� . rloo t —a' ..• � ��fi�1�s `r ■rp�: �' ♦11I i111.1■ ■. 401 ot fil 4.1\itl4A44, rii„ LI 101111A II Ilj Q, �/ • ■ r r� -I .. . ::. :::::::„.ii-: _I, nsa11 el". 'al arellifirli fkfllily'�_���1-� �i■Jii�. III■i11t'� un pi t Lai ��1'��1��11 y, ® \ ■ IIII _ j■l l ��immi�r�e'� '`�Ilj �C�, 01111011111 sli�: MOM CAW 1, , — �I,Not aO t■�I NM ■- _ (Fd1 ■ Ill: II- ■■ + . 11 - 1 •gym 1li 11111111I 1111.111 $ : s c 1111111i °� 1• � �c� ; i `r . ♦- Ii.. 1 1 IIII■ . ■1..1■, ■■■11■ ■ A ...- 11 *- a C■lL .■ i►y�'er ��� f .IIII rim .� f_t � t %X VI 11 III El it y�flnC9111 ''_ 1111111111/� l �ji Trias=■Fill r t di rig #ii N�t�>r►�� Va� otitia,_,:li? •� �I • _. _'- :dial ` Illiaratid NE ei .11 + p.i. � :..�s�i>r r'�t `lip\::�� v'� ■i . -tf Or I l �� ``a � ` '-1[/ ,.0i V I ►- %f . i - r �?�Y ---ee�■f 1 yl►i111�.:I �4 ■!� a w���j. ' 'li����Ir qS �rila�■ 11�alassal �+ ■1 1. fill~ I�ys a�+pj ii vim♦ og IiI ►r �� .��1��'i �� ;i H 1 i�� illl���'� . �i .. ■I .f1111ru rn..:.r'r ���= l =_■■ mu i= THE EIHTHPLACE OF MINNESOTA Existing Land Use 2008 Comprehensive Plan 800 0 800 1,600 Feet �._.� City Limit Residential (Misc.) Residential (1 Unit) Residential (2 Units) Residential (3-4 Units) Residential (4+ Units) Commercial Industrial Institutional Open Space Park, Trail, Recreation Open Water Wetland Right -of -Way Vacant or Agricultural `Note: Existing land use as of January 1, 2007; Parcel data as of June 1, 2008 I:/510/51007001/gis/maps/Existing Land Use.mxd PLAN Ur 511LLVVA1 r,K n r�n�it��y��u�n�uuniLm(y����q�iBit���t���y�i��miunuuuwwnirliwg For comparison purposes the land uses as they existed in 1994 are presented in Table 1.7. The 1994 and 2007 data uses slightly different categories but comparisons can still be made. Single family residential uses made up about 35 percent of the city in 1994 and 2007. Open space and right-of- way rounded out the top three land use categories in each year as well. Agricultural land showed a significant decrease of more than 162 acres between 1994 and 2007. Table 1.7 : Existing Land Use, 1994 Land Use Acres Percent One Family 1,960.40 35.4 Parks & Open Space 759.1 13.7 Street Right -of -Way 744.8 13.4 Vacant Parcels 602.8 10.9 Agricultural 407.1 7.3 Public & Tax Exempt 344.5 6.2 Lakes and Streams 324.6 5.9 Commercial 211.8 3.8 Two Families 78.2 1.4 3 or 4 Families 41.2 0.7 Larger Multi -Family 39.8 0.7 Industrial 27.1 0.5 Group Quarters 3.3 0.1 Total 5,544.70 100 Source: 1995 Comprehensive Plan Existing Zoning Stillwater's current zoning ordinance establishes 22 zoning districts. Below is a description of those districts. Residential The city has thirteen residential zoning districts. A number of these districts are intended to provide primarily single-family detached housing, with varying degrees of design guidance. Some of these districts relate to specific developments within the city. These single-family districts include: Agricultural Preservation (AP), Lakeshore Residential (LR) District, Cove Traditional Residential (CTR) District, Traditional Residential (TR) District, One -Family District (RA), Cove Cottage Residential (CCR) district, and Cottage Residential (CR) District. Other districts provide regulation for two-family and multi -family residential developments. Some of these districts also include specific design guidelines and are limited to certain geographic areas of the city. These include: the two-family district (RB), the low density multiple -family residential district (RCL), the medium density multiple family residential district (RCM), the townhouse residential district (TH), the cove townhouse residential district (CTHR), and the high density multiple -family residential district (RCH). Commercial The General Commercial district (CA) allows for the widest range of retail businesses, including supermarkets, small bakeries, departments stores, restaurants, beauty shops, office buildings, hotels, funeral homes, auto sales, recreational facilities, and transit stations. The Village Commercial District (VC) provides for convenience shopping and personal services in close proximity to a residential neighborhood. The Central Business District (CBD) encompasses the downtown area and includes commercial and entertainment uses that rely on a community wide or regional market. ❑❑ PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Chapter 1 : Community Background 1-10 In addition to the CA, VC and CBD districts there are also three business park districts: Business Park - Commercial District (BP-C), Business Park - Office District (BP-O), and Business Park - Industrial district (BP -I). These districts allow for business parks, professional offices and light industrial of varying intensities. Special Districts The Campus Research District (CRD) provides for a mix of office, research and development, and light manufacturing uses with limited retail and service in a planned business park setting designed to provide for low -density, high -quality development with increased amenities and open space. The purpose of the Public Works Facility District (PWFD) is to provide a district for public works facilities. The purpose of the Public Administrative Offices district (PA) is to provide a district for public and semi-public offices and related uses. Overlay Zoning Districts • The Floodplain Overlay District (FP): regulates land use within floodplains. • The Saint Croix River (SCR) Overlay District: regulates development within the river corridor. • The Shoreland Management Overlay District: regulates development near lakeshores. • The Neighborhood Conservation District (NCD): helps preserve the traditional neighborhoods in Stillwater. Implementation of the Comprehensive Plan By law, zoning must be consistent with the adopted Comprehensive Plan of a city. Table 1.8 shows Stillwater's future land use categories and the zoning districts considered by the city to be consistent with those future land use categories. Special Studies There are a number of studies that have been completed since the 1995 Comprehensive Plan. The results of those studies have been incorporated into the 2008 comprehensive plan update. A summary of these studies can be found in Appendix A. ❑❑ PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1-11 Chapter 1 : Community Background Table 1.8 : Future Land Use Categories and Corresponding Zoning Future Land Use Categories Corresponding Zoning Districts' SRR, Semi -Rural Residential < 0.4 units/acre AP, Agricultural Preservation 0.1 units/ac LDR, Low Density Residential 1- 4.4 units/acre RA, One Family 4.4 units/ac TR, Traditional Residential 4.4 units/ac LR, Lakeshore Residential 2.2 units/ac CR, Cove Traditional Res. 3.1 units/ac LMDR, Low -Medium Density Residential 4.4 - 9.7 units/acre CCR, Cove Cottage Res. 4.4-6.2 units/ac RB, Two Family 5.9-8.7 units/acre CR, Cottage Residential 7.3-9.7 units/ac MDR, Medium Density Residential 6-14.5 units/acre TH, Townhouse 8.7 units/ac CTHR, Cove Townhouse Res. 14.5 units/ac RCL, Low Density Multi -Family 6.2 units/acre HDR, High Density Residential 12+ units/acre -no max. RCM, Medium Density Multi -Family 15.6 units/ac RCH, High Density Multi -Family 29.0 units/ac NC, Neighborhood Commercial VC, Village Commercial, CA, General Commercial COM, Commercial CBD, Central Business District BP-C, Business Park Commercial BP-O, Business Park Office DMU, Downtown Mixed Use CBD, Central Business District BPI, Business Park/ Industrial BP -I, Business Park Industrial IB, General Heavy Industry CRD, Campus Research & Dev. RDP, Research & Development Park CRD, Campus Research & Dev. INST, Institutional PA, Public Administrative Offices PWF, Public Works Facility PR, Park & Recreation 2 LR, Lakeshore Residential CTR, Cove Traditional Residential RA, Single Family Residential TR, Traditional Residential CCR, Cove Cottage Residential RB, Two Family Residential CR, Cottage Residential TH, Townhouse, Cove Townhouse RCL, Low Density MF RCM, Medium Density MF RCH, High Density MF PROS, Park, Recreation, and Open Space WA, Water Water OS, Open Space 3 -- RAIL, Railway Railroad ROW, Right -of -Way Right -of -Way Marina PROS, Park, Recreation, and Open Space 1 Densities represent the maximum permitted in district. Corresponding zoning district means that the future land use might be appropriate in the district if compatible with surrounding properties. 2 Park and recreation includes public and private property used for park and recreation uses. 3 Open space does not include parks, cemeteries, trails, golf courses, etc. It includes undeveloped property that is ravine, shoreland, river islands, steep slopes, creek, or bluff. ❑❑ PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Chapter 1 : Community Background 1-12 Figure 1.3 : Zoning Map MANI Ell Er ma 16 Emu! EL ma ma am =1111110111m 11 761E7 177,.71% Inn E P. gr Ng - in MI PT- rm MM 111111111-Fai_m_..X. MI .2 MEI InCTIV,Will, riiirmappl .,rprogari. Flak: trim. .L IF! 77:1F:776a1CIL:: Ear Q3 •• min EMIM mr_iiiipt. %IF WEVPRIN.71Te,4 Tharacmori milArvit _ sails NE a.1-1.1 • 7,Ezi it,11 MilllatiN hi - HIRAI MMICI ggi2lAkkil0 &Pk ‘e, 44"llir_outOP-12121QrAgetT114-IMITIIM EN Valm iim.111VI red N.M\vaiMEMII CommLI 1 ity Development Departmen I 7„Qfling Districts A-P,Agricultural Preservation IRA- Single Family Residential I=)RB- Two Family ED TR, Traditional Residential lID LR,Lakeshore Residential CR, Cottage Residential — CTR,Cove Traditional Residential — CCR,Cove Cottage Residential — CTHR,Cove Townhouse Residential - TH,Townhouse EDRCM- Medium Density Residential I=)RCH - High Density Residential M VC,Village Commercial — CA- General Commercial — CBD - Central Business District ED BP-C,Business Park - Commercial BP-O,Business Park - Office 1—.ABP-1, Business Park- Industrial — IB - Heavy Industrial — CRD- campus Research Development ED PA - Public Administration ED TZ- Transitional Zone {Township} r) Public Works Facility CJ ROAD — Railroad CJ WATER PLAN OF STILLWATER @] Chapter 1 : Community Background - 13 Appendix A Summary of Special Studies "Trunk Highway 36", "Trunk Highway 95 and Downtown Stillwater - Existing Conditions" and "Proposed St. Croix River Crossing" Trunk Highway 36 (TH 36) is a four -lane divided expressway that connects the Twin Cities and northern St. Paul suburbs with Stillwater and Oak Park Heights. It is classified as a principal arterial, a National Highway System (NHS) route, and one of Minnesota's Interregional Corridors (IRC). TH 36 is an important facility serving the region's population and businesses, as well as providing linkages to recreation areas in Washington County and Wisconsin. Near the St. Croix River, TH 36 turns north and connects with TH 95 (Main Street). It narrows to a two-lane roadway as it enters Stillwater's downtown, and becomes an urban collector street. The narrower street and its substandard turning radii restrict traffic flow to one lane in each direction, and limit the effectiveness of traffic signal operations. It also limits the ability of large vehicles such as trucks, buses, and recreational vehicles to make turns at intersections. Pedestrian traffic also conflicts with vehicle movements, particularly on busy summer weekends. Traffic is particularly congested at Main Street and Chestnut, where TH 36 turns and crosses the Stillwater Lift Bridge to Wisconsin and connects to Wisconsin State Trunk Highway 64. The Supplemental Draft Environmental Impact Statement (EIS) for the St. Croix River Crossing Project notes the following concerns related to current traffic conditions on TH 36: • Volumes on TH 36 in the upper bluff area near the St. Croix River are approaching capacity • The report noted failing levels of service at frontage road intersections along TH 36 between County Road 5 and junction with TH 95, indicating that they are operating at or over capacity. The distances between TH 36 and its frontage roads in the area between Washington Avenue and Osgood Avenue are very short. This limits the capacity of the frontage roads, creates hazardous conditions and long traffic queues, and encourages local trips to travel on TH 36, unnecessarily occupying its capacity • The capacity problems along TH 36 and through downtown delay emergency response for Lakeview Hospital, the Washington County Sheriff's Department and Stillwater Fire Department • The vehicle crash rate for TH 36 between the south junction of TH 36/TH 95 and at the east end of the Lift Bridge is about 90 percent higher than the average crash rate for two-lane urban trunk highways in Minnesota • It is difficult for bicycles and pedestrians to cross TH 36 in the upper bluff area. Between 1984 and 2000, traffic on TH 36 grew about 2 percent annually. The Supplemental Draft EIS for the St. Croix River Crossing Project noted that because of limited capacity into and out of Stillwater on TH 36 (particularly on 36/95 into and out of Downtown), traffic is diverting to other routes as volumes grow. Two of the popular routes for diversion include: * TH 36 to northbound Osgood Avenue/ Fourth Street * TH 36 to northbound Greeley Avenue/ Myrtle Street Lift Bridge In addition to being a historic icon, the Lift Bridge is a key component of the Stillwater area transportation system. It spans the St. Croix River, linking TH 36 and Stillwater to Wisconsin State Trunk Highway (STH) 64 and Houlton, Wisconsin. The bridge has two traffic lanes. The narrow lanes and geometrics of the Lift Bridge limit the volume and speed of traffic traveling across it, and its ability to manage ❑❑ PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Chapter 1 : Community Background 1-14 traffic after a crash or incident on the bridge. The bridge lifts 21 times daily during the week between 8 a.m. and 10 p.m., and 22 times daily on weekends and holidays between 8 a.m. and midnight. Key concerns related to the Lift Bridge are identified in the St. Croix River Bridge Supplemental Draft EIS (2004) include the following: • Bridge deck lifts cause substantial queuing throughout downtown Stillwater and up the bluff on the Wisconsin side. Long queues result in poor intersection level of service throughout downtown Stillwater, and lengthen peak traffic hours through the corridor. • MnDOT field observation indicates that traffic queuing during times when the bridge is raised may extend as far south as the TH 36/95 junction in Minnesota, and north up the bluff and through Houlton in Wisconsin. • During times of the year with high pedestrian volumes, the interaction between bridge lifts, vehicles and pedestrians reduces the capacity and operating efficiency of intersections and roadways, and creates hazards for vehicles and pedestrians • During bridge lifts, traffic diverts to local streets, collector streets, and other arterial streets in seeking to minimize delay when traveling through Stillwater. This diversion traffic impairs the level of service on local streets. During the summer of 2005, MnDOT closed the Lift Bridge for repairs. The agency monitored the impacts of traffic during the closure. Traffic in Downtown Stillwater fell dramatically. St. Croix River Crossing Background and Recommended Alternative MnDOT's discussion of the proposed new St. Croix River Crossing notes that: "Severe traffic congestion in downtown Stillwater, safety problems on approach roadways, and delays caused by the operation of the Stillwater Lift Bridge have spurred the discussion of a new bridge crossing in Stillwater for many years. "Rush hour" delays and weekend backups, especially during the tourist season, frustrate residents and visitors alike. "Development of downtown Stillwater and northwestern Wisconsin as tourist destinations, commercial development along Highway 36 attracting employees and residents throughout the region, development in Wisconsin, and the economic strength of the Twin Cities metropolitan area as an employment center have contributed to increasing traffic volumes on Highway 36, Highway 95, in downtown Stillwater, State Highway 64, and across the Lift Bridge." As owners and operators of the bridge, the Minnesota Department of Transportation (Mn/DOT) and the Wisconsin Department of Transportation (Wis/ DOT) grew concerned about the poor condition of the Stillwater Lift Bridge and operation of the lift mechanism. Also of concern was the context in which this bridge and its adjoining roadways sit. The U.S. Congress has designated the St. Croix River as a National Wild and Scenic River for its scenic, recreational, and geologic values. Several buildings in Downtown Stillwater, as well as the Lift Bridge itself, are listed on the National Register of Historic Places. Historic archaeological sites can also be found adjacent to the riverbanks - the site of early industrial and recreational activities. The river valley supports an abundance of wildlife and aquatic species, including several endangered species. The St. Croix River Valley is valued by residents and visitors alike for its combination of natural, historic, and scenic resources. Proposed solutions to the transportation problem considered alternatives to minimize potential negative impacts on these resources. ❑❑ PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1-15 Chapter 1 : Community Background Consideration of a replacement bridge crossing over the St. Croix River near Stillwater began in the early 1970s, but was not pursued because of a lack of funding. In the 1980s, Mn/DOT, Wis/DOT, and the Federal Highway Administration (FHWA) began working with the communities of Stillwater and Oak Park Heights in Minnesota, and St. Joseph Township in Wisconsin to identify possible solutions for a replacement crossing. The 1987 Scoping Decision Document/Final Study Outline for the Highway 36/State Highway 64 St. Croix River Crossing identified four broad corridors for a new river crossing both north and south of downtown Stillwater as well as two corridors in or near the downtown area. The 1990 Draft Environmental Impact Statement (EIS) analyzed three of these corridors, along with a "No Action" Alternative and a Transportation System Management (TSM) Alternative, which examined various options to maximize use of the existing transportation system. In April 1995, Mn/DOT, Wis/DOT, and FHWA completed a Final EIS and Section 4(f) Evaluation for a replacement bridge about 6,300 feet south of the existing Stillwater Lift Bridge. A Record of Decision (ROD) was issued by FHWA in July 1995, and work began on the final design of the river crossing and the approach roadways. Right-of- way was acquired, and site preparation work was initiated. In 1996, the National Park Service (NPS) evaluated the project under Section 7(a) of the Wild and Scenic Rivers Act and found that the project, as proposed, would have a direct and adverse effect on the outstandingly remarkable scenic and recreational values for which the Lower St. Croix River was included in the National Wild and Scenic River System. As a result of this finding, federal permits from the U.S. Army Corps of Engineers and the U.S. Coast Guard could not be issued for the project, and the project was not allowed to proceed. In April 1998, the U.S. District Court upheld the NPS determination. In an effort to determine whether any crossing of the Lower St. Croix National Scenic Riverway was feasible near Stillwater, Mn/DOT and Wis/DOT completed an independent review of the project. Between June and September of 1998, Richard Braun, former MnDOT Commissioner, conducted extensive discussions and meetings with many individuals and organizations, and facilitated public meetings with the 21-member St. Croix River Crossing Advisory Group that included representatives from federal and state regulatory agencies, local and regional units of government, environmental groups, historic preservation groups, and chambers of commerce. Braun recommended a four -lane, deck -tied, steel arch bridge on an alignment 3,600 feet south of the existing Stillwater Lift Bridge. The proposed bridge would cross the river perpendicularly and would be shorter than the 1995 Final EIS Preferred Alternative. The alignment would also take advantage of an existing ravine on the Wisconsin bluff, thereby reducing potential impacts on the Lower St. Croix Valley. A large majority of the St. Croix River Crossing Advisory Group agreed that they could accept the Braun recommendations. Following the Braun process, NPS, FHWA, Wis/ DOT, and Mn/DOT executed a Memorandum of Understanding (MOU) specifying the intention to use the Braun recommendations as a basis for a new bridge crossing alternative that would be evaluated in a Supplemental EIS. The agreement also stated that the NPS Section 7(a) review for this alternative would be completed concurrently with the Supplemental EIS. The Supplemental EIS was completed in 2004, and concurred with the recommended alternative. The new crossing and proposed improvements to TH 36 are expected to improve traffic conditions through Downtown Stillwater and along the TH 36 Corridor. At the time of this writing, the proposed location of the new bridge is 6,300 feet south of the existing Lift Bridge. The Braun alternative is no longer being considered. This was the preferred alternative selected in June 2006. On March 14, 2012, President Barack Obama signed Public Law 112-100 legislation authorizing the St. Croix River Crossing project. ❑❑ PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Chapter 1 : Community Background 1-16 Construction of the new bridge and related improvements is anticipated to begain in 2013 but could be later with bridge completion scheduled for 2016 and completion of all project elements planned by 2017. In addition to the new St. Croix River Bridge, the project would includes the following: • TH 36 would be converted to an access controlled freeway between TH 5 and TH 95. • The Lift Bridge will be converted to a bicycle/pedestrian facility. • New multi -use pedestrian and bridge paths will be added along the TH 36 frontage road system, along TH 95 from Downtown Stillwater, on the north side of the new bridge, and connecting the new bridge to STH 35 in Wisconsin. A loop trail system would be created between the Lift Bridge and the new river crossing that would be connected to the larger regional trail system. • The Lift Bridge will still operate to allow passage for navigational and recreational boats, however the schedule could be different from the current schedule. Related Planning Issues for the Comprehensive Plan and Downtown -Man: • Construction of the new St. Croix Bridge and closure of the Lift Bridge will positively reduce traffic flows in Downtown Stillwater, and will provide opportunities to improve the pedestrian environment. How should the Downtown Plan and Comprehensive Plan anticipate these changes and address them? • How should the plan respond to the proposed new pedestrian and bike trails that are planned with the new St. Croix Bridge and on the Lift Bridge? How should the design for parks and trails on the Stillwater Riverfront respond to these opportunities? In July 2015, the City of Stillwater adopted a new Trails Master Plan to plan for two major additions to the regional trail system connecting to downtown Stillwater: the Brown's Creek Trail completed by the Minnesota Department of Natural Resources in 2014 and the St. Croix River Crossing Loop Trail. An update to the city's Downtown Master Plan will begin in Fall 2015 to respond to changes and opportunities resulting from the new trails and river crossing. ❑❑ PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1-17 Chapter 1 : Community Background Chapter 8 - Parks and Trails Introduction THE City of Stillwater has acknowledged the importance of providing park, trail, and open space opportunities that enhance the quality of life of its residents and visitors. Parks and recreation facilities are essential in promoting community wellness, connecting the individual to ecological value and stewardship, promoting cultural understanding, and fostering economic viability. Parks, Trails and Riverfront Goals Goal 1: Provide a variety of passive and active parks and other leisure, recreational and cultural opportunities that are conveniently located, accessible, affordable, safe, physically attractive and uncrowded for all Stillwater residents. Goal 2: Enhance and expand existing recreational facilities for Stillwater residents based on the recreational needs of the community and its neighborhoods. Goal 3: Work to develop an area -wide interconnected recreation and facilities plan with other local governments, the school district and Washington County. Goal 4: Reinforce the riverfront as the focus of the downtown Stillwater open space system and as a significant cultural and historical amenity. Chapter 8 Contents Introduction 8-1 Parks, Trails and Riverfront - Goals 8-1 Park Standards - Objectives, Policies, and Programs 8-2 Efficient Use of Facilities - Objectives and Policies 8-2 Park Location and Design - Objectives, Policies, and Programs 8-3 Existing Park System 8-3 Park Classifications 8-7 Local Trends 8-10 Sustainability 8-10 Future Needs 8-11 Trails and Pathways 8-14 Trail System 8-15 Jackson Wildlife Management Area 8-16 Implementation 8-17 g PLAN OF STILLWATER ❑❑ Chapter 8 : Parks and Trails 8-1 Park Standards Objectives Bring the amount of Stillwater's park land into compliance with the city's adopted minimum standards: community park land at a city-wide total of 3 acres per 1,000 population; neighborhood park land at a city-wide total of 7 acres per 1,000 population; park facilities within one -quarter mile or less of residents, no major physical barriers within that one -quarter mile distance. Provide a balance of active and passive recreation opportunities, including facilities to serve the varied interests of the population. Designate adequate park sites for the future development of the city. Provide for an annual evaluation, maintenance and replacement of recreational facilities. Policies Policy 1: The city shall require all new development to dedicate land or pay a park fee according to the park dedication policy. Policy 2: The city shall obtain and develop new public neighborhood parks at a rate consistent with new residential development and in keeping with the city's basic guidelines for park development. Policy 3: The city shall develop public community parks consistent with growth of the city's population and in keeping with the city's basic guidelines for park development. Policy 4: The city will provide recreation activity sites to respond to the active and passive needs of a diverse population. Policy 5: The development of private sector recreation facilities in the appropriate locations shall be encouraged. In addition to public park improvements required of developers, the city shall promote private open space and recreation facilities in large-scale residential developments. Programs Program 1: The city shall study and pursue various means of funding for acquisition, operation and maintenance of park, open space, trail and recreation facilities. Program 2: Acquire and develop land in the western part of the city for community park purposes. Efficient Use of Facilities Objectives Maximize opportunities for the joint use of public land and facilities such as schools, detention ponds and area under the jurisdiction of other public agencies that have land available for possible recreation purposes. Maximize the extended use of existing public facilities for year-round and evening use. Identify recreation areas that are owned by school district or other public entities and seek permission to use those lands for recreation programs or facilities. Policies Policy 6: The city will work with the school district in identifying and evaluating the potential for park acquisition of school sites which might become surplus school lands. Policy 7: Joint development of community recreation facilities together with local schools and surrounding governments shall be encouraged. Programs Program 3: Develop and implement a program for year-round use of some recreation facilities. Program 4: Explore methods to integrate a trail system with the systems of surrounding local governments and Washington County. PLAN OF STILLWATER ❑❑ 8-2 Chapter 8 : Parks and Trails Park Location and Design Objectives Locate new neighborhood parks in areas not necessarily adjacent to schools in order to better distribute urban open space and to enhance neighborhood identity. This is especially applicable in the South Hill and Oak Glen planning areas, where there are insufficient neighborhood park facilities. Design park and recreational facilities to serve the recreation and social needs of residents of all ages, economic situations and physical abilities. Establish a volunteer program to help maintain and enhance neighborhood parks. Add landscaping, sculptures and seating. Vary the landscaping, improvements and construction materials used in different parks to help establish park and neighborhood identity. Policies Policy 8: Residential developments adjacent to parks or open spaces should be encouraged to provide direct access to and common open space contiguous with such areas. Policy 9: In considering the location and redevelopment of parks, the city shall give thought to sites based on maximum geographic and handicapped accessibility, proper topography and visibility (for the safety of park users). Policy 10: In the design and maintenance of parks, consideration should be given to minimize the impacts on the environment. Programs Program 5: Continue a regular patrol of parks to provide for the safety of park users. Program 6: Design, install and maintain standardized park signage for all city parkland and trails. Program 7: Develop and implement neighborhood park plans based on the priority list developed by the Park and Recreation Commission. Existing Park System The City of Stillwater has developed 34 park and recreation facilities, identified in Figure 8.1. These facilities total approximately 348 acres, and include the following: • Community parks, including: * Pioneer Park * Lily Lake Park * Lowell Park * Northland Park * Sunrise Park * Brown's Creek Park * Public Works Park/Boutwell Cemetery * Teddy Bear Park • Neighborhood parks, including: * Washington Square * Meadowlark Park * Ramsey -Grove Park * Staples Field * So. Broadway - Triangle Park * Schulenburg Park * McKusick Park * Benson Park * Anez Ridge Park * Legends Gazebo * McKusick Lake Park * Creekside Park * Settlers Park * Heritage Park * Legends Park * Prairie Park * Bergmann Park * Liberty Square g PLAN OF STILLWATER ❑❑ Chapter 8 : Parks and Trails 8-3 • Recreational facilities, including the St. Croix Valley Recreation Center, Lily Lake Ice Rink and the Skateboard Park • Open space and nature areas, including: * Kolliner Park in WI. * Brown's Creek Nature Preserve * Long Lake Nature Area * Croixwood Open Space * Long Lake Open Space * McKusick Lake Wetland Area * Nightingale Park * Fairy Falls Open Space * Lakeside Open Space In 2013, Washington County purchased 17 acres known as the Palmer property southeast of the intersection of Highway 96 and Manning Avenue adjacent to Millbrook Park. Plans indude developing the western portion of the site for active recreation and restoration of the eastern portion along the trout stream. The Brown's Creek Watershed District considers improving the stretch of the Borwn's Creek on the property as a high priority in the district's attempts to re -introduce trout in the upper reaches of the stream. The property is viewed as a future trailhead for the Lake Links and Central Greenways regional trails that intersect in the property and the Brown's Creek State Trail one-third of a mile to the south. In 2014, the city partnered with Washington County and the State of Minnesota to purchase 15 acres of shoreline north of downtown Stillwater for open space and natural area. The wooded property, formerly owned by the Aiple family, has approximately 3,300 feet of frontage on the St Croix River as well as a beach. Two other facilities that provide important recreation opportunities are the Jaycee's Fields and the Old Athletic Field, both owned by School District 834. As these fields provide numerous public benefits, it is the city's hope to acquire them if the school district ever considers selling them. It is the city's desire to continue to offer these two sites for public recreation purposes. The city completed Master Plans in 2005 and 2006 for three parks (Millbrook, Brown's Creek Reserve, and Boutwell Cemetery), in the western portion of the community. The city has either completed or has programmed funding to complete these parks in the Capital Improvement Program. In addition to the existing parks, the city has land for both a community park and a neighborhood park in the Millbrook development. Additionally, the Aiple Site, currently owned by the City of Stillwater, is anticipated a Master Plan was adopted in March 2015 for Bridgeview Park, along the St. Croix River south of the Lift Bridge. This plan includes options for a municipal dock, trails and park facilities to be developed as a community park after completion of the future St. Croix River Crossing. The historic and older portions of the community include larger community parks, such as Lowell Park and Lily Lake Park, and smaller neighborhood parks scattered throughout the older neighborhoods. The larger parks are associated with the city's higher quality natural resources and views, and provide a variety of recreational facilities, as well as locations for significant community events. PLAN OF STILLWATER ❑❑ 8-4 Chapter 8 : Parks and Trails Lily Lake Park, located on the southern edge of Lily Lake, is one of the larger recreation facilities in the older portion of the community. This park contains softball fields, tennis courts, a basketball court, a sand volleyball court and an indoor ice arena with one sheet of ice and seating capacity of 787. The park also has a picnic shelter with six picnic tables, B.B.Q. grills, playground equipment, single picnic shelters scattered on the beach, swimming beach, and boat launch with dock and fishing pier. In the Downtown Area, master plans have been completed for Lowell Park and the Aiple Bridgeview Park property. These plans swill be being reviewed and coordinated inform the anticipated 2015 update of the downtown plan, to take into account the proposed recent flood levee improvements and the future St. Croix River Crossing with its loop trail and conversion of the lift bridge to a pedestrian and bicycle bridge. Over the past 10 years, the city has added new parks and recreation facilities as the Annexation Area in western Stillwater has developed. Many of these parks are associated with significant natural resources, such as the Brown's Creek Park and Nature Preserve as well as the Long Lake Nature Area. Others provide neighborhood and community recreation facilities for new neighborhoods. The city recently completed development of a neighborhood park as part of Brown's Creek Park site on Neal Avenue, just south of the Zephyr railroad tracks. This park will provide recreational facilities as well as trail connections to Brown's Creek Park and Nature Preserve and residential neighborhoods to the south and east. This park will also serve as a trailhead for the Brown's Creek State Trail. The proposed Boutwell Cemetery Park focuses on preserving and interpreting a historic area associated with early settlement. The Millbrook development near South Twin Lake will include a larger community park and additional trails. The St. Croix Valley Recreation Center serves a regional need. It provides indoor recreation facilities for all ages, including facilities for ice skating, hockey, soccer and walking. Its facilities PLAN OF STILLWATER Chapter 8 : Parks and Trails may be rented for special events. Lily Lake Ice 8-5 Rink serves as a secondary facility to the Recreation Center and provides additional ice during high demand times. In recent years, the city completed special studies of its park and trail facilities in the Annexation Area, including a long-term development and management plan for Brown's Creek Park and Nature Preserve. This plan includes detailed recommendations for restoration of natural communities, provision of interpretive facilities, and development of trails within these areas. It also discusses needs for maintenance of these areas and associated trails that link these areas to the city's trail system. PLAN OF STILLWATER 0 8-6 Chapter 8 : Parks and Trails 9_ 1 CITY OF STILLWATER PARKS INVENTORY Park Name I Pioneer Park 2 w/ 6 tables ea I I x 2 23 indoor I x x Band Shell & Scenic View & Bulletin Board 2 Lily Lake Park I w/6tabin 2 6 2 2 17 indoor 2 x 2 sand 3 lighted I Rill w/light l Beach and Fishing Pia Faotbatl onballtiekl 3 Washington Square I w/ 4 tables I 2 6 3 indoor I x 1 I 4 Lowell Park 5 x 15 20 I itrloor I x Gazebo & Scenic View& Fishing 5 Northland Park I 3 x 3 2 x 2 x 2 I I 1 10 rttiba 3 cowls lighted 2 lights Roller Hockey (starrier) 6 Sunrise Park 2 7 1 x x x x l 7 Meadowlark Park 2 1 4 x sand lights 1 Tull 1 lights 8 Ramsey -Grove Park 2 3 2 2 3 x x I full lights Sledding Hill 9 Staples Field I 2 x I x I I 3 w/ lids t tut lights (closed) I basketball coot closed 10 So. Broadway - Triangle Park 2 I x I half I II Schuler berg Park 1 2 2 x I I I Sledding Hill 12 McKusick Park I I 13 Benson Park .. I 12 4 sand I full 1 14 Anez Ridge Park 2 6 I x x I grass 15 Kolliner Park in WI (Soar access ants) 16 Nightingale Park x Pried 17 Brown's Creek Park I I 5 5 x x x 18 Brown's Creek Nature Preserve 2 2 x Cross Country Skiing 19 Legends Gazebo Gazebo 20 Croixwood Open Space 21 Long Lake Open Space 22 St Croix Valley Rec Center I x 2 3 itrloor indoor 2 Corsessions 23 McKusick Lake Trail &Dike 1 2 3 Boardwalk 24 Creekside Park I I I 2 x wetland area 25 Settlers Park 9 1 2 x x x 1 1 2 26 Heritage Park I -eatables 3 x 12 2 x x x 27 Legends Park 1 4 3 x x 1 1 sand 1 28 Long Lake Nature Area x Lake View 29 Public Works Park I x I I half cenetary 30 Prairie Park 4 2 x x I 31 Bergmann Park 3 6 2 I x x x I I wetland area 32 Teddy Bear Park 2 2 indoor x Arepli heater 33 Liberty Square I w/ 4 tables pond 34 Skateboard Park I 2 and BMX bits; facilities Figure 8.1: Park Facility Inventory, 2008 Park Classifications Neighborhood Parks Neighborhood parks provide for the recreation needs of a surrounding residential neighborhood. These parks provide a location for informal play and opportunities for social gatherings that promote a sense of community. They also provide open green space and visual relief for a surrounding neighborhood that can be highly developed. Park sizes can range from 1 to 15 acres but are typically less than 5 acres. They are located as central as possible to a neighborhood they serve and are usually accessible from a trail or sidewalk. Neighborhood park features include picnic areas, playground equipment, a multipurpose playing field and/or playing courts. Neighborhood parks are typically spaced at quarter mile increments. Community Parks Community parks serve as a focus for the community's recreation, social, and cultural needs and activities. They can provide a wide array of recreation opportunities ranging from active to passive. Community parks may be located to take advantage of significant cultural, historic, or geographic features. Some community parks will serve the entire city depending on their purpose. Parks should be strategically located and uniformly dispersed throughout the community. Community parks are larger than neighborhood parks generally requiring 15 acres or more. Park features include athletic complexes, large picnic shelters, large natural open spaces, playgrounds, and internal trails. Open Space Open space serves to protect important natural areas in the community. They also provide a visual relief for a surrounding neighborhood that can be highly developed. Due to the sensitivity of the areas it is not anticipated that these areas will be developed for active recreation uses. Rather for the most part they will remain in an undeveloped state will offer selective passive uses including trails and picnic areas. Table 8.1: Stillwater Parks and Open Space Category Existing # of Parks Ac % of System Future # of Parks Ac % of System Neighbor- hood Parks 19 60 16% 20 61 15% Community Parks 8 111 30% 10 134 34% Open Space 6 202 54% 6 202 51% Total 33 373 100% 36 397 100% g PLAN OF STILLWATER ❑❑ Chapter 8 : Parks and Trails 8-7 Figure 8.2 : City Parks & Trails Map I- I;. 5I 0• (I Millb ok Community • Bewn'r reek State Trail Public Works Park ii die Rutherford rr; , Elem. School Trr �/ \I1 i iula+i� �r Ilk i t 11111o• 41111 a• ♦ 1 ettlerPa��l+� Llbert ,Square\Iw at I�1rso����+��j a: � •-17p dr emu~ IM...r 1 .4 ,fr Heritage Park :"i' ` 0.11*rIj 1+� i 1- .■L�,r}r„, ,/i 111111C1` Zit =..T.4,,..-110411.k 4,,,,,.., Millbrook Neighborhood.Park . / I Browns Creek Natural Preserve ��" '�. I-_.-rr'Oak Glen} Legends Park PI Bergma l Park7il'l ',FAH niimril it 15 Coixwood O• n Long Lake 1 4 Browns {,Golf Course C_ reek J Park 1 1 irialtaiiN Ifl11fi j46 *P► Creekside.Park I�■ Northland Park SunriParii a �lilrtPr��1 kI . ot jet-.���-,�1......... -im— ill ��er it it•L ;,• 111 1° i1 •II. �► lJlmis l fib, i►� rl�v may' Iilll !lg..� rt" 11 1 11 Ili ■ js R 747sey ll■ f I a,IS . �� , _ . — R `S= ■. Prk l�®I� II art Ill II j 14f ' :17.7411-1141 1111, I1I.I Ill —.11wigBB ae�-1= p1JIIIF■, 1�i ■ :I ..r = _ yi. III -■�rr1' 'i� i t11f1 1 )w M1IIY in i Ir11 e llr111111 ilUi1Li�.�;' -�.r wy� �� r �y a' `�w�rIr 8� I!�Lil Lake','�� �t�1� srWashingtoElem. School,' Square(6.11411fritiOn40,..., Orliriraclip se�i'~ �1'1111,41 riII:� 11 mai Jim 64 McKusick Lake Trail & Dike Oak Glen Golf Course Lake M --Brown's Creek State Trails„� rown's Cree 12r1 cffl Schulenbelg'Park 11- Stillwater Country Clubr`'t r. S I ! �Fi■ rr i ri1 r 7�'O �I . . 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Le Stonebridge EIem:ISchool Staple ■L 1 �11111 ii11 l: I1111I U Meadowlar Park St. Croix 111 Valley, Recreation 1111111/ 111111111 ■uurl' IIIIIIIIM Field .Ii lt E U IIlli•r 1111J11 I'11111111111 I iminit II !r111111 EN Eff III11 err Centernun Minim I11!il� rr n Efld e Heights SchooP� A 11111 1 i hI VIE IN - RN yer au Mr-JA J L OP o Pioneer,Park 6 i;1'�r�■�IM IIII• inn �1 ". f i l �.C, j1II� I1II y I III u® M �1 ■ MR Bil m MA rarr �>_WM Ma m rit :,I sk �U ��Mg � Mak 1101111. � 4fJ1 =: I►�` J�� 66 •1Inlllnlr nil Stillwater Junior High o!III111• +{Ctll III i-- Ism z Rid e ,riL1'�.i'd iir _ IIIIIIIIlI ', , 11 I M - so t 1, i ., C7 Mitt I"V I► Br isea - 1 ■ 1111' 10 I moorIN NS INr. �, r, .a_�1 f�,�: � 1I ■rl 1 ■ en Space fir oiaTa ♦S I♦ • ♦ I I ♦ Fut ire_ Loop Trail ♦ .. • • • • Kolliner Park Teddy Bepr Park Triangle Park G etic 1 Id LEW MI MIMI mit ik • jilwater 14)1 THE BIFTHPLACE OF MINNESOTA Parks and Trails Plan 2008 Comprehensive Plan 800 0 800 1,600 Feet — Existing Trails — Proposed Trails/Sidewalks Natural Trails Future DNR Trails — Future Upgrades to Trail — Future MNDOT Trails = Bridge Underpass (Future) Current Stairs Existing Park Future Parks Golf Course School Properties Right -of -Way Open Water #Bonestroo PLAN OF STILLWATER g Chapter 8 : Parks and Trails 8-8 Figure 8.2A : City Parks & Sidewalks Map w •... 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THE BIRTHPLACE OF MIHNESOTA - Parks and Sidewalks 2008 Comprehensive Plan 800 0 800 1,600 Feet Sidewalks L _�.] 2030 City Limit Existing Park Future Parks Golf Course School Properties Right -of -Way Open Water Bonestroo December 8, 2008 I:/51 0/51007001 /gis/maps/park n sidewalks.mxd PLAN OF STILLWATER g I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Chapter 8 : Parks and Trails 8-9 Chapter 9 - Transportation Introduction THE transportation chapter (Transportation Plan) is a vital part of the City of Stillwater Comprehensive Plan. The transportation plan acts as a guideline for the city as it plans for future infrastructure needs and transportation facilities. In addition to a multi -modal analysis, this chapter will provide a brief description of the existing roadway system and provide recommendations for a general future transportation plan based on projected growth. The plan incorporates the findings of recently completed regional and local transportation studies. Washington County is currently in the process of completing its 2030 Traffic Study. The 2030 Traffic Study includes updates to the Washington County traffic model based on various growth and roadway improvement scenarios. In recent years, several detailed studies of specific corridors and planning areas within the City of Stillwater have been completed, including: • St. Croix River Crossing Project — 2006 SFEIS (2006, MnDOT, WisDOT, FHWA) • TH 36 Partnership Study (2002, MnDOT) • Boutwell South Area Plan (2002, City of Stillwater) The City of Stillwater has experienced significant growth in the past ten years and is expected to grow even more by the year 2030. The Metropolitan Council, as part of its regional forecasting, projects that the City of Stillwater will have a population of 19,100 by year 2010 and 19,900 by 2030. These projections reflect an increase of approximately 4,000 people when compared to the year 2000 population. Increases in population will put a greater demand on the existing transportation facilities in the city. In addition to improving regional connections, there is 0 PLAN OF STILLWATER Chapter 9 Contents Introduction 9-1 Goals & Policies 9-2 Existing Roadway System Characteristics 9-5 Demographic Projections 9-8 Functional Classification of Roadways 9-11 Access Management 9-14 Roadway Capacity Issues 9-16 Transportation Issues 9-18 Transit 9-25 Aviation 9-27 Implementation 9-29 Chapter 9 : Transportation 9-1 also a need to improve east -west and north -south transportation facilities within the City of Stillwater. The city must work closely with the regional, state, county and adjacent municipalities in the planning of roadways and transit infrastructure to provide access and mobility for residents and visitors. The City of Stillwater is also home to one of the three major St. Croix River crossings in Washington County — the Stillwater Bridge. Future projected growth in the area has put an increased demand on the Stillwater Bridge. In November 2006, the U.S. Department of Transportation signed the Record of Decision for the St. Croix River Crossing. The construction phase for this bridge is planned to start as early as 2014, but could be delayed beyond thatbegan in 2013 and is anticipated to be complete in 2016. Once the new St. Croix River Crossing Bridge (TH 36) is built and open for traffic, the old lift bridge (Stillwater Bridge) is planned to be used as a pedestrian/bicycle bridge. Goals & Policies As part of the 2008 City of Stillwater Comprehensive Plan Update process, the City Council approved a set of goals, objectives, policies and programs in March 2008. The set of goals, objectives, policies and programs are a refined compilation of the items found in the 1995 Comprehensive Plan as well as area plans officially adopted by the City Council since then. In addition, several new items have been added through feedback obtained during neighborhood visioning sessions which occurred during the fall and early winter of 2007. Transportation Goals Goal 1: Provide efficient and environmentally sound transportation. Goal 2: Develop a coordinated transportation system that provides for local as well as area -wide traffic. Goal 3: Make it easy and convenient to travel in and around Stillwater, tie allowable new development to the capacity of roadways; limit impact of non- residential traffic in neighborhoods when possible and develop a comprehensive sidewalk, trail and bikeway system. Goal 4: Support construction of the new interstate bridge and TH 36 corridor improvements to provide for regional traffic demands and to relieve cut -through traffic Downtown and in residential areas. Goal 5: Develop and locate new roads sensitive to historic structures and sites, as well as natural features. Goal 6: Provide an integrated system of roads, bikeways, transit lines, and pedestrian paths. The transportation system should minimize the impact of through traffic. Transportation Objectives Maintain the carrying capacity of through streets while minimizing the negative impact on adjacent residential areas through landscape treatment and street design. Reduce through traffic impact in residential areas by means of road design and traffic management. Work with Mn/DOT and Washington County to study and improve state highways and county roads where needed. Plan new development areas to coordinate with planning for the roads that provide access to the development sites, i.e., CR 15, CR 12, CR 64, TH 96, TH 36. Enhance the function, safety and appearance of Stillwater's streets, highways and major entryways into the city. Utilize pervious and other green technologies for stormwater treatment associated with parking lot and street improvements where possible and economically feasible. Use topography and other site planning methods to minimize the visual presence of parking lots. PLAN OF STILLWATER ❑❑ 9-2 Chapter 9 : Transportation Maintain existing public stairways throughout the community, particularly in the downtown. Study the use of the railroad line right of way for potential uSe as a walkway and/or bikeway connecting downtown to the city areas to the west. Explore alternative active transportation and transit opportunities for Downtown Stillwater. Transportation Policies Policy 1: Create a unified, continuous system of arterials and collectors. Policy 2: Designate segments of local residential streets so that traffic flows onto collectors or arterials. Policy 3: Work with other governmental agencies on a new TH 36 bridge, TH 36/CR 15 improvements and the planning and construction of a Frontage Road between CR 15 and CR5. Policy 4: Work with MnDOT, County, local government agencies and local businesses/ employers to address transportation management methods to relieve bridge traffic congestion concerns. Policy 5: Ensure that planned transportation infrastructure, capacity and access will accommodate proposed land use and development. Policy 6: Improve traffic and parking in and around commercial areas. Policy 7: Continue to enforce traffic laws for safety in residential areas. Transportation Programs Program 1: Develop an area -wide coordinated road improvement program with MnDOT and Washington County. Program 2: Prepare corridor/traffic studies with Washington County for the following minor arterials: Greeley/Owens, and Third/Fourth Street at Churchill. Program 3: Provide a collector parkway connection from County Road 12 to Olive Street. Continue to explore the Brick Street option for this collector parkway. Program 4: A comprehensive streetscape plan for planting and improvements shall be developed for major streets. This would have aesthetic and traffic calming benefits. Program 5: Develop a comprehensive signage program. This program will identify key gateways into the city; will create gateway signage/monuments; will create consistent directional signage; and will direct regional traffic to downtown Stillwater via routes that avoid residential neighborhoods. Program 6: Keep the parking plan and parking management programs up to date for the Downtown. Program 7: Provide bicycle parking locations and attractive racks at key locations including parks, downtown and commercial centers. Program 8: Work with State, regional and other partners on a transit plan. Program 9: Consider developing a parking plan to improve the usage of underutilized public/private parking in Downtown Stillwater. Transit Objectives Develop pedestrian pathway and bikeway plan to provide for recreational and commuter trips. Work with Washington County and the state in developing park and ride lots, trailway systems and other programs to reduce auto use. Increase transit ridership and support transit service for transit dependent residents, particularly senior citizens, provide adequate transit facilities (bus stops, transfer stations) to support transit use, and cooperate with the regional transit authority and Washington County to provide conveniently located park and ride facilities at major transit stops. g PLAN OF STILLWATER ❑❑ Chapter 9 : Transportation 9-3 Transit Policies Policy 8: Promote safe travel for pedestrians and especially school aged children going to and from school. Policy 9: Encourage transit use through subdivision design, land use planning and education. Policy 10: Use Travel Demand Management strategies to make most efficient use of existing road systems and minimize impact on adjacent areas. Policy 11: Plan and construct a city-wide bikeway system throughout the city to connect major activity centers and scenic open space area. Policy 12: New and upgraded bridges, crossings and overpasses and TH 36 Frontage Road shall include bicycle lanes where feasible. Transit Programs Program 10: Develop Implement the 2015 Trails Master Plan fora —bikeway system facilities. Program 11: Consider aAmending the subdivision ordinance to require bicycle facilities according to bikeway facility plans. Program 12: Develop and promote traffic safety and education programs. Program 13: Continue implementing the sidewalk/ pathways maintenance and improvement program. Program 14: Develop a plan for sidewalk and trail snow removal. Program 15: Improve the appearance of bus stops and better integrate into neighborhood or area design. Program 16: Encourage MnDOT to provide continuous bicycle paths/lanes both along both the north and souththe Highway 36 frontage roads from CR 15 to TH 95 and also along TH 95 from Oak Park Heights through downtown Stillwater to TH 96 at Brown's Creek and perhaps beyond to the Boom Site. PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9-4 Chapter 9 : Transportation Existing Roadway System Characteristics This section provides a brief discussion of various roadway system characteristics, including roadway jurisdiction, traffic lane availability and the most recent traffic volume information. Roadway Jurisdiction Roadways within the City of Stillwater fall under the jurisdiction of the State of Minnesota, Washington County and the City of Stillwater. Figure 9.1 illustrates roadways under State and Washington County jurisdiction within the city. All other unidentified roadways in Figure 9.1 are considered municipal, or under City of Stillwater jurisdiction. Typically roadways with higher mobility functions (such as arterials) fall under the jurisdiction of a regional level of government. Roadways that serve larger geographic areas (thus resulting in longer vehicle trips and higher traffic volumes) fall under the jurisdiction either the State or the County. Roadways serving localized areas (shorter vehicle trips and lower traffic volumes) fall under the jurisdiction of the City of Stillwater. Roadway Lanes The majority of the roadways in and around the Stillwater area are two-lane facilities, with one lane flowing in each direction. There are some more traveled routes with exclusive left and/or right turn lanes at critical locations. Due to the population density and large amount of regional travel within and through the area, there are a few roadways within the City of Stillwater that contain more than two travel lanes. These include TH 36, portions of TH 5 (Stillwater Boulevard North), Curve Crest Boulevard, Washington Avenue South and CSAH 15 from TH 36 to CR 12/Myrtle Street. There is one three -lane road with two driving lanes and a dedicated center turn lane. This road is Market Drive. Existing Daily Traffic Volumes A basic planning tool used to determine the ability of a roadway to accommodate existing or projected traffic levels that utilize a roadway, is to apply the volumes of daily traffic along that facility. Figure 9.2 details the most recent average annual daily traffic Counts (AADT) for various specific segments of roadway in the City of Stillwater. Traffic count information was taken from the City of Stillwater Municipal State Aid roadway counts and official traffic volumes counts listed on MnDOT's website. g PLAN OF STILLWATER ❑❑ Chapter 9 : Transportation 9-5 Figure 9.1 : Roadway Jurisdiction DELLWOOD RD N MCKUSICK RD N w 80TH ST N 75TH ST N TH ST N • DD TRL 80TH ST N •R &•D TRL OCH PL S:p AV• 2ND STN;; 62ND STN :'ND STN 77TH S MCKUSICK RD N OOD CIR EAGL RID TRL 80TH ST N MINAR LN N ' 75TH STN 75T TN ND STN EDGEWOOD FAIRLAWN WOO.: SKYVIE T m 0 ONG LA DSTN 75TH ST N LN TERLACHEND DRIFTWOOD LN CA ORLEANS ST W CURVE CREST BLVD W TOWER D 90TH ST N JOHNS TOWER DR N,s Zc oy v OAKHILL Cl N WNE CIR DOWLARK LINDEN OUT ST RIVING PARK RD ING PAR WILLOW POPLAR ST W ILKINS ST A ELM ST W HICKORY ST W ILKINS EN' W MOORE ST W AMORE S E ST W ELS E OW E 0 4 z ELM ST Z z CHU'■•TW■■■■■� O p LAKE .T mut y HA • T W ■i E• ■, PA m - w 65TH � ti fi� ittainmok ■11 .. —MO PE BOYS ST z RETT DR LT' SHELTON DR TH STN 64TH STN N Kolliner Park 58TH 5 THE BIRTHPLACE OF MINNESOTA '4) Figure 1: Roadway Jurisdiction 2008 Comprehensive Plan 0 500 1,000 2,000 3,000 4,000 Feet Legend Federal State County Municipal VI■11■11e ,■II■IInt 2030 City Boundary August 13, 2008 Data Source: The Lawrence Group, SRF Consulting Group, Washington County, City of Stillwater Prepared by: ITEMS PLAN OF STILLWATER ❑o 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 I Chapter 9 : Transportation 9-6 Figure 9.2 : Existing 2005 Traffic Volumes TELLWOOD RD N MCKUSICK RD N 80TH ST N TH ST N FOTH ST N 7100 75TH ST N J DD TRL J. •D TRL ST LOCH PL SELLER. AVE 2ND STN!L 62ND STN 6•ND STN 1950 36000 MCKUSICK RD N ATWOOD CIR EDGEW00Dr.T FAIRLAWN D SKYVIEW CT PINE ST TOWER DR OAKHILL C N DELLWOOD RD N • —flNI-sr■u■u1nOailkami--Mil ST W H' WILLOW W DAL • DER WAY In cc MEADOWLARK DR LINDEN 'T W LINDEN '.T W LObKOUT ST TWO_IVESTW 0 RIVING PARK RD POPLAR ST POLAR ST W MOORE ST W S AMORE ST TCROIXA W STILLWATERA E W W ILKINS T W z ASPEN ELM STW HIC PINES W A (K D 6600 OAK GLEN L ORLEANS ST W 12300 30200 29 NDEN ST W OTT ST W CHIL ST W 8300 co 65TH ST N 0 WIL INS 36 SIP i$d cLSON $T 1°1147 1n P y rn r TW S STE 15 I P111411111 ...l . -'•TH STN 64TH STN w p a 8 JO Im 607H ST 22000 59 HSTN Kolliner Park • 58TH S iliwater THE BIRTHPLACE OF MINNESOTA Figure 2: Existing (2005) Traffic Volumes 2008 Comprehensive Plan 0 500 1,000 2,000 3,000 4,000 Feet Legend Existing Volumes (2005) 501 - 2000 2001 - 10000 10001 - 20000 20001 - 65000 �YY�YII�YYY�' 2030 City Boundary ■YY■YY1 Source: 2005 M.S.A.S Traffic Volumes Minnesota Department of Transportation August13, 2008 Data Source: The Lawrence Group, SRF Consulting Group, Washington County, City of Stillwater Prepared by: ITERIS PLAN OF STILLWATER g 11111111111111111111111111111111101111II IIII IIII I IIIIIII IIII III IIII IIIIIII (IIIIIII I IIII IIII IIII IIII IIII IIII III IIII IIII IIII IIII III III I II I I IIII III IIII IIIIIII IIIIIIIIII Chapter 9 : Transportation 9-7 Demographic Projections The Metropolitan Council has prepared socio- economic projections for the years 2010, 2020 and 2030 for City of Stillwater. These projections are a part of the Regional Development Framework that was adopted in 2004 and updated in the year 2005. These projections are utilized by the Metropolitan Council to plan for its regional systems. The city is in general agreement with these projections; however, due to the recent economic conditions the 2010 population and household forecast were modified to reflect the slump in the housing industry. The City's forecast is shown in Table 9.1. Table 9.1: Population, Households and Employment Projections 1990 2000 2010 2020 2030 Population 13,882 15,323 18,400 21,300 19,900 Households 4,982 5,797 7,200 8,100 8,600 Employment 7,040 10,719 11,600 12,500 13,600 Socio-Economic Data The Metropolitan Council also provides the Traffic Assignment Zones (TAZ) that they utilize in their regional planning model. The regional model TAZs are based on a regional level of growth. As part of the Washington County Traffic Study, specific growth areas were identified and the regional model TAZs were split into smaller zones to account for future growth and allow for more detailed planning. The revised TAZs are shown in Figure 9.3: Traffic Analysis Zones (TAZ). Household, population, and employment projections by TAZ are included in Table 2.6 on page 2-20. Year 2030 Traffic Volume Projections Traffic volume projections for major roadways in the City of Stillwater have been estimated for the year 2030. These estimates are based on the city's Land Use Plan, Washington County's 2030 projections, the city's 2030 Comprehensive Plan, and other studies completed by the city. The estimates are utilized to help identify future potential corridors of congestion as well as potential lane and right-of- way needs for the future. As part of the current comprehensive planning process, the City of Stillwater has worked in conjunction with Washington County on traffic modeling for the 2030 volume projections. As such, this report incorporates the Washington County traffic modeling data and results by reference. The 2030 traffic volume projections assume that the new St. Croix River Crossing is completed. When completed overall traffic patterns in Stillwater will change. Traffic that currently crosses the Stillwater Lift Bridge in Downtown will use the new river crossing resulting in traffic volume decreases along CSAH 5, CSAH 12, Myrtle St, and throughout the Downtown area. The 2030 daily volume estimates are shown on Figure 9.4: Future Traffic Volumes (2030). ❑❑ PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Chapter 9 : Transportation 9-8 Figure 9.3 : Traffic Analysis Zones MCKUSI66:RD N 80TH ST N 75TH ST N 60TH ST N KUSICK RD N 0TH ST N J DD TRL 07 2ND STNH MCKUSICK RD N EBSTER GI O� �S > BpTNs rNaorH sr N 5TH STN MINAR LN N A 75TH STN EAGL RID ti 2ND STN 20 75TH T N EDGEWOOD FAIRLAWN D N Gr,.. SKYVIEW ONG LAK 62ND ST N / rc ti SST N TO STILLW 1. SWENSO OAK GLEN L ICK D MC K RD TERLACHEN D DRIFTWOOD LN CR LIE CT 07 A 07 Kolliner Park ORLE NS ST W 00TH ST N JOHNS PINE ST 07 tt PT WNE CIR AGER WA MEADOWLARK D LINDEN W OUT ST RIVING PARK RD MAPLE ST AURELS LI •ENS WH OPLAR ST W MOORE ST W AMORE S T CROIXA STILLWATERA WILKINS MSTW� M® MA LE S A ING PAR D AND: RSON HAN 1135 MA 65TH STN F- _ w ERETT DR d RAINBO H SHELTON DR SHELTON D 07 Z 60TH STN CT R\ET D ST N 62ND S UP'ER63RD ` N 3RD ST N 63RD ST N 1132 THE BIRTHPLACE OF MIHNESOTA -� Figure 3: Traffic Analysis Zones (TAZ) 2008 Comprehensive Plan 111 0 500 1,000 2,000 3,000 4,000 Feet Legend TAZ boundary XXXX TAZ number Streets d1■11■11e 12030 City Boundary ■11■11l Note: The TAZ boundaries shown are as per the recent Washington County traffic forecast study. August 13, 2008 Data Source: The Lawrence Group, SRF Consulting Group, Washington County, City of Stillwater Prepared by: !TERN PLAN OF STILLWATER ❑o I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Chapter 9 : Transportation 9-9 Figure 9.4 : Future Traffic Volumes (2030) DELLWOOD RD N MCKUSICK RD N 80TH STN -: DTH STN 80TH ST N 75TH ST N 50000 77TH ST N 7100 75TH ST N 62ND ST N 62ND ST N 54000 MCKUSICK RD N N BOTH ST N Z MINAR LN N z 75TH STN 62ND ST N OWE CREST BIND 60TH ST N 75TH ST N SWENSON S OAK GLEN L 2200 75THSTN 64 DRIFTWOOD LN ORLEANS ST W TOWER DR FRONTAGE RD W ORLEANS ST TOWER DR FRONTAG DELLWOOD RD N APLE ST MOORE ST W OLIVE ST W OAK STW OAK ST W PINE ST W 4TH ST N 3RD ST N D ST N U TH ST N .--I 46000 Kolliner Park ♦ ♦ ♦ • • 7HE BIRTHPLACE OF MINNESOTA -b.) Figure 4: Future (2030) Traffic Volumes 2008 Comprehensive Plan 0 500 1,000 2,000 3,000 4,000 Feet Legend Future 2030 Volumes Base Scenario �i■u■uf. ■u■u. 371 - 2000 2001 - 10000 10001 - 20000 20001 - 35000 35001 - 65000 65001 - 151000 2030 City Boundary Note: The future 2030 traffic volumes shown are based on the recent Washington County traffic forecast study. Future bridge alignment shown on map is not exact location. August 13, 2008 Data Source: The Lawrence Group, SRF Consulting Group, Washington County, City of Stillwater Prepared by: YTERIS 7,1000. PLAN OF STILLWATER 0 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Chapter 9 : Transportation 9-10 Functional Classification of Roadways The functional classification of roadways provides guidelines for the safe and efficient movement of people and goods within the city. Roads are categorized based upon the level of access and/or mobility provided. Classifying the function of a roadway system involves determining what role each roadway should be performing with regard to travel within and through the city. The intent of a functional classification system is the creation of a roadway hierarchy that collects and distributes traffic from local roadways and collectors to arterials in a safe and efficient mariner. Such classification aids in determining appropriate roadway widths, speed limits, intersection control, design features, accessibility and maintenance priorities. Functional classification helps to ensure that non -transportation factors, such as land use and development, are taken into account in planning and design of the roadway system. Figure 9.5 shows the functional classification map for the City of Stillwater. A brief discussion of the various functional classifications is provided below: Principal Arterials Principal arterials connect major activity centers to other major activity centers and carry higher traffic volumes. They provide regional connections with longer trips. Their emphasis is focused on mobility rather than access, and as such private access should not be allowed. Access on these roadways is limited and spacing of intersection points along each principal arterial varies from two to three miles for a fully developed area to three to six miles for a developing area. TH 36 is a prominent principal arterial roadway in and through the City of Stillwater area. Located at the southern boundary of the city, TH 36 connects the City of Stillwater to the rest of the Twin Cities metropolitan area. Minor Arterials Minor arterials connect urban service areas and rural principal arterials to larger towns and other major traffic generators capable of attracting trips over similarly long distances. They serve medium to short trips. The emphasis for minor arterials roadways is on mobility and spacing ranges from 1/4 to 3/4 of a mile in metro centers to one to two miles in a developing area. They connect with principal arterials, other minor arterials, and collector streets. Based on their function, minor arterials are further classified into A -minor augmenters, relievers, expanders, connectors, and B-minor arterials. Within the City of Stillwater, Myrtle Street east of Owens St is classified as B-minor arterial, TH 95 is classified as A -minor collector and the following roadways are classified as A -minor expanders: • Hwy 96 from CSAH 15/Manning Ave N to Hwy 95 • CSAH 12/Myrtle Street from Manning Ave N to Owens St • E Chestnut St between 3rd St S and Main St • Orleans St between CSAH 24 and 4th Ave S • Paris Ave N between Lookout Trail N and Orleans St • CSAH 15/Manning Ave N between TH 36 and Hwy 96 • CSAH 5 which covers Stillwater Blvd between TH 36 and Olive St W; Olive St W between Stillwater Blvd and Owens St; and Owens St N between Olive St W and TH 96 • CSAH 24/Osgood Ave from TH 36 to Orleans St W • 3rd Street South from Orleans St W to Chestnut St E❑ PLAN OF STILLWATER ❑❑ Chapter 9 : Transportation 9-11 Collector Streets The function of collector streets is to collect traffic from local roads to arterial roadways. Unlike arterial roadways, which provide more emphasis on mobility, collector roadways serve a dual function of providing both mobility and access. Collector road spacing ranges from 1/4 to 3/4 mile in a fully developed area to 1/2 to one mile in a developing area. Collectors are further broken down into two categories --major and minor collectors. The location of these collector roadways is shown in Figure 9.5. Major Collectors Major collectors generally connect to minor arterials and serve shorter trips within the city. Shorter trips consist of travel points within a city such as neighborhoods to neighborhoods or neighborhoods to business concentrations. In highly urban areas, they also provide connectivity between major traffic generators. A trip length of less than 5 miles is typical. These roads supplement the arterial system in that mobility is slightly emphasized over access. Minor Collectors Minor collectors provide the connection between neighborhoods and commercial/industrial areas and the major collector/minor arterial system. Access is slightly emphasized over mobility in minor collectors. Local Streets Local streets are the most common classification of roadways. Their main function is to provide access to land uses. These roadways generally have lower speeds and serve shorter trips. Local streets generally connect to collectors and other local streets. ❑❑ PLAN OF STILLWATER ❑❑ 9-12 Chapter 9 : Transportation Figure 9.5: Roadway Functional Classification ESTHSTN OTH ST DD TRL DON Ft SE I AL] RTNLD6'rf ry^ND5TN MCK.US CKRDN OOD CIF } M+'SOTH STN Q NO ST N EPG£'A'OOD FAIRLAWN SKYVIE TERLRCHEN ❑ ORLEEANS ST W 90711 ST NNE WILLOW W POPLAR 5T W P CORE ST W LAAL HOER WAY i' O MEADOWAR'N LINDEN OUT ST RIVING PARS R1) DRI ORLFANS ST TOWER AR o LAKEtT CHM CHIL ST 1': r_ FUND RSON ST W E F CREST s W FRONTAGE RO IN BOTH ST N ES1H ST N� A RV FALLS RD N DOK _T G2ND 5 9T H ST N ER GSRD lUwater THE HEATHPLACE OF MINNESOTA Figure 5: Roadway Functional Classification 2008 Comprehensive Plan • s t 50,000 2,000 3,000 4,000 Legend — — Principal Arterial - -- A Minor Augmentor A Minor Reliever A Minor Expander - -- A Minor Connector - -- B Minor II 1 Major Collector Minor Collector Local Streets 2030 City Boundary August 13,2008 Data Source The Lawrence Group, SRF Consulting Group, Washington County, Metropolitan Cound Prepared by: 1TERIS PLAN OF STILLWATER @] Chapter 9: Transportation 9-13 Access Management Access management guidelines are developed to maintain traffic flow on the network so each roadway can provide its functional duties, while providing adequate access for private properties to the transportation network. This balance of access and mobility is the focal point to effective access management. "Mobility," as defined in this Transportation Plan, is the ability to move people, goods, and services from one place to another via a transportation system component. The degree of mobility depends on a number of factors, including the ability of the roadway system to perform its functional duty, the capacity of the roadway, and the operational level of service on the roadway system. As applied to the roadway system in Stillwater, the term "access" is the relationship between local land use and the transportation network or system. There is an inverse relationship between the amount of access provided and the ability to move through traffic on a roadway. As higher levels of access are provided, the ability to move traffic is reduced (Figure 9.6). Figure 9.6: Relationship between Access and Mobility P KOPCRT II Of FACIE Aim imait t 01 L E GTO MS L 0GALIt El PLAN OF STILLWATER Each intersection or driveway access creates a potential point of conflict between vehicles moving through an area and vehicles entering and exiting the roadway, also known as "crash potential". These conflicts can result from the slowing effects of merging and weaving that takes place as vehicles accelerate from a stop turning onto the roadway, or decelerate to make a turn to leave the roadway. At signalized intersections, the potential for conflicts among vehicles is increased, because through vehicles are required to stop at the signals. If the amount of traffic moving through an area on the roadway is high and/or the speed of traffic on the roadway is high, the number and type of vehicle conflicts are also increased. Types of increased crashes are rear end and right angle in nature. Accordingly, the safe speed of a road, the ability to move traffic on that road, and safe access to cross streets and properties adjacent to the roadway all diminish as the number of access points increase along a specific segment of roadway. Because of these effects, there must be a balance between the level of access provided and the desired function of the roadway. In addition, studies have shown that businesses suffer financially on roadways with poorly designed access, while well -designed access to commercial properties supports long-term economic vitality. Access management is a combination of good land use planning and effective design of access to property. All land use planning should incorporate sound access spacing guidelines. Key points when reviewing access management include the following: • Adequate spacing of access points • Adequate sight distances • Avoid offset or dogleg intersections and entrances • Encourage development of turn lanes • Consider consolidating accesses or relocating accesses • Encourage proper driveway design including width, radii, and sight angles I111111111111111111111111111111111111111111111111111111111111111111 III111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 II Chapter 9 : Transportation 9-14 Access standards and spacing guidelines are recommended as a strategy to effectively manage existing ingress/egress onto city streets and to provide access controls for new development and redevelopment. The proposed access standards (driveway dimensions) are based on MnDOT State -Aid design standards. The access spacing guidelines for Stillwater are consistent with Washington County and MnDOT. The hierarchy of the functional classification system should be maintained when applying the access spacing guidelines to a roadway network. Since arterial roadways have a function of accommodating larger volumes of traffic and often at higher speeds, access to such facilities must be limited in order to protect the integrity of the arterial functions. Washington County Access Spacing Guidelines Through access management, Washington County strives to maintain the integrity of the roadway system by preserving the balance between safety and mobility of the roadway system. The County strives to adequately service the through traffic on a roadway with the limited ability to improve the system while simultaneously providing adequate access to serve development. The County can then stipulate the specific access spacing requirements for various county roads through plat reviews and/ or specify the best location and requirements for access through their access permit process. Several benefits are established by the use of proper access management guidelines. These include a significant reduction in crash rates on highways; ensures the value of public infrastructure projects and extending the functional life of existing highways by increasing capacity, thereby decreasing the potential need for improvements. Table 9.2 outlines Washington County's current access spacing guidelines. It is important to note that the guidelines associated with the principal arterial classification are consistent with Mn/DOT's guidelines for principal arterials. These guidelines are also consistent with Washington County's long term goals for roadway segments. City of Stillwater Access Spacing Guidelines For roads under the jurisdiction of the City of Stillwater, the city's practice is to follow generally - accepted access spacing guidelines laid forth by Washington County. The city realizes that due to various circumstances, access may be granted outside the parameters set forth in the accepted guidelines. Table 9.2: Washington County Access Spacing Guidelines Principal Arterial Minor Arterial Collector Local > 7,500 AD1' f < 7,500 AD'1' Private Residential Driveway No direct access No direct access -1 -1 -1 Commercial Driveways No direct access No direct access 1/8 mile 1/8 mile -1 Non -continuous Residential Streets No direct Access 1/8 mile 1/8 mile 1/8 mile -1 Local Streets and Collector Streets 1/2 mile 1/4 mile 1/4 mile 1/8 mile 1/8 mile Minor Arterials 1/2 mile 1/2 mile 1/2 mile 1/2 mile 1/2 mile Source: Washington County County reserves the right to increase the minimums based on other criteria (sight distance, speed, traffic volume, etc.) (1)Determination based on other criteria (sight distance, speed, traffic volume, etc.) PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9-15 Chapter 9 : Transportation Roadway Capacity Issues The year 2030 traffic projections are used as a planning tool to help test the ability of a roadway to accommodate future volumes. In addition to the number of lanes provided, the daily capacity of any individual roadway is based upon many factors. Number of access points per mile, number of all -way traffic controlled intersections per mile, percentage of truck traffic, and the physical grade of the roadway are examples of some of these factors. For planning purposes, however, a generalized Average Daily Traffic (ADT) threshold for roadways is used. Table 9.3 shows the generalized ADT volume thresholds, set by Washington County, for a roadway type and number of lanes in terms of level of service. Level of service (LOS) is a qualitative measure describing operational conditions within a traffic stream, generally in terms of such service measures as speed and travel time, freedom to maneuver, traffic interruptions, and driver comfort and convenience. Six levels, LOS A to LOS F, are generally used for traffic analysis. LOS A is the best Table 9.3: ADT Volume Thresholds for Facility Type with free flow conditions and little to no delay. LOS F is the worst with congestion, long delays, and forced flow. Table 9.4 provides a brief description of Levels of Service. These values can be used for planning purposes. The table above takes into consideration several roadway characteristics. These characteristics are then applied to roadway segments being compared to the values listed in Table 9.3. The roadway comparison parameters are listed below: • Capacity assumptions per lane • Peak hour percentages • Directional orientation • 1/4 mile all -way intersection control spacing Facility Type Maximum A ADT Volume B at Level C of Services D2 E 2-Lane Roadway - Without Turn Lanes 3,000 4,500 6,500 8,500 10,000 With Turn Lanes 4,750 7,200 10,300 13,500 15,900 With L Turn Lanes3 5,250 7,900 11,400 14,900 17,500 With L and R Turn Lanes3 7,500 11,250 16,250 21,250 25,000 4-Lane Roadway - Without Turn Lanes 7,100 10,700 15,400 20,100 23,700 With Turn Lanes 9,600 14,400 20,700 27,100 31,900 With L Turn Lanes4 10,100 15,200 21,900 28,600 33,700 With L and R Turn Lanes4 12,600 18,900 27,200 35,600 41,900 1ADT Volumes above LOS E maximum threshold would be considered LOS F. 2LOS D is usually the lowest acceptable LOS allowed by most agencies within the metro area. 3Also considered the planning capacity for 3-lane roadway (one through lane in each direction with a center, two-way left turn lane) without or with a right turn lane. 4Also considered the planning capacity for a 5-lane roadway (two through lanes in each direction with a center, two-way left turn lane) without or with a right turn lane. El PLAN OF STILLWATER Chapter 9 : Transportation 9-16 Table 9.4: Level of Service Description Level of Service Description Lower volumes Little to no delay Unimpeded movement f [I 1 B Minor delays Reasonably unimpeded operation Slightly restricted movement OLD ® 1 I 1 Stable conditions More restricted movements Speeds controlled by higher volumes 1 1[ 1 I I I I mil [ 1 1 I D Higher density traffic Volumes near capacity Some noticeable congestion 1 I I I I I ICM [ I I] [ I I] 1 1 1) [ I l i E At capacity Major delays are common Lower speeds Nil 1 1 1 1 1 I I] [ I I I 1 1 1 1] i I 1 1 rTi1 [ 1 1 1 Hi F Failing condition Significant delays Very low speeds with stop and go traffic =1:1:010MCMCCOO I III 11 1 1 11 1 1 it 1 1 11 1 ll limn The 2030 traffic volumes, viewed in conjunction with the volume thresholds shown in Table 9.3 utilize Level of Service D as an acceptable service level. Roadways that would appear to require corridor expansion consideration include: • CSAH 5 north of TH 36, • CSAH 24 from TH 36 to 62nd St, • CSAH 5 north of CSAH 12 to TH 96. Additionally, local observations would suggest a few other local roadways might require corridor expansions in the future as they reach a Level of Service D. Roadways that need further studies to explore current conditions and the necessity for future corridor expansion include: • Myrtle Street east of CSAH 5, • Brick Street between CSAH 5 and CSAH 12 2030 perceived future volumes on these roadways are right at the LOS D capacity tolerances. CSAH 15 (Manning Avenue N) future volumes are right at capacity levels; however, this roadway is receiving capacity improvements that started during the summer of 2008. Main Street (TH 95) downtown Stillwater is already overcapacity. Relief to this roadway is slated to be addressed by a future St. Croix River crossing near the intersection of TH 95 and TH 36 south of downtown. Other roads may require some improvements pertaining to access management. PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9-17 Chapter 9 : Transportation Transportation Issues Several transportation -related studies have been prepared for various roadway corridors in and around the City of Stillwater. The purpose of these studies was to investigate transportation/traffic concerns and interests by Mn/DOT, Washington County, and city staff and residents. In doing so, planning measures and timelines can be established in which to address these concerns and interests and right-of-way can be identified for future plans or transportation purposes. This is especially true in western Stillwater, where approximately 556 acres of net developable land exists, or about 9.6% of Stillwater's total 2030 municipal acreage. Where possible, improvements to the local roadway system should be considered prior to future development of open acreage in the Western Stillwater area. With this in mind, the city has worked closely with Washington County on the transportation element of the 2030 Comprehensive Plan in order to ensure a consistent approach to area transportation needs and goals. In addition, right-of-way needs for future transportation elements in the city will be acquired as property develops wherever possible. In general, the required right-of-way widths will be in accordance with current city practice. Typical required right-of-way widths for various street types are shown on typical street sections as presented in Figure 9.7. Downtown Stillwater Congestion issues in and around downtown Stillwater are magnified by the TH 36 Bridge crossing area and caused by overcapacity of traffic volumes on roadways that have limited expansion capability. This situation has also negatively affected the pedestrian experience downtown. This capacity issue has been identified by MnDOT and the area is scheduled to build a new St. Croix River crossing near the intersection of TH 36 and TH 95 south of downtown is being constructed to divert traffic from the area. This new river crossing will cause traffic pattern shifts in and around the downtown area. At a point shortly before the completion of a final plan set for a new river crossing (within the next several g PLAN OF STILLWATER years), an interim downtown traffic management plan should be created and implemented. This plan will require a large scale coordination effort among MnDOT, Washington County, the City of Stillwater, the local Chamber of Commerce and business owners and residents in the Downtown Stillwater area. Key Intersections and Roadway Extensions As part of Washington County's Intersection Control Ranking System (ICRS), 80th Street at CSAH 15, McKusick Rd (CR 64) at CSAH 15 and TH 96 at CSAH 15 are monitored for increased traffic control on a yearly basis. These intersections are important to the overall travel flow along Washington County Roadways. The IRCS is a program utilized by Washington County to quantitatively and qualitatively rank the importance and improvements needed for intersections under the jurisdictional authority of the County. City roadway facilities adjoining these intersections should be evaluated in the same schedule as Washington County in order to maximize potential collaborative efforts to improve city facilities. Curve Crest Boulevard and 62nd Street Another planned roadway extension is the Curve Crest Boulevard and 62nd Street Connection. This section of roadway located just north of TH 36 between CSAH 15 (Manning Avenue) and CSAH 5 was originally analyzed in the report, "Special Area Plan North 62nd Street Area," by Bonestroo, Rosene, Anderlik & Associates dated October, 1998. This report details the need to establish a frontage road between CSAH 15 and CSAH 5 as a reliever route to TH 36 as future development occurs. The report also details a signalized intersection at Curve Crest Boulevard at CSAH 5 that ties into the 62nd Street segment. This segment of 62nd St will serve as a collector in the City's road system. ❑o Chapter 9 : Transportation 9-18 Figure 9.6A: Curve Crest Boulevard and 62nd Street Options CAMMIK,R RESEARCN AND DEVELOPMENT OPTION 3 OPTION STILLWATER, MN NORTH 62ND PLANNING AREA CONCEPT PLANS +Le!IxaS,+�n v� ii'vT/+i JIMA1ir f; DI EN 1RF — GREEJnnY' CORAINOR • PtDEST E%ISTI SINGLE-r4kLV REGIONEL 51'001 WPM PONDS PRDNrAG2 RAND CNAPLE RESEARCH AND ❑EVELDP?ENT CSAH 5/Owens Street/Myrtle Street Intersection The location of the junction of CSAH 5/Owens Street/Myrtle Street in the central part of Stillwater positions it as a chokepoint due to the convergence of three heavily -used roadways. In addition, CSAH 5/-4e-_Owens Street is one of the few north/ south routes through the city. This situation has captured the attention of both Washington County and the City of Stillwater. Washington County recently completed an intersection and pedestrian study at this key intersection. Deterioration in performance and safety concerns at this intersection inherent with its current layout and traffic control system have been noted by both the city and the county. Washington County held an open house related to the results of the study and received much feedback on the plan, particularly related to on -street parking and pedestrian crossings. Washington County is -currently taking the results JJ sGriHSrI(M AsphAdo, E .graces of the study and feedback under consideration and has no immediate plans to make changes to the area. Additionally, the construction of the nNew St. Croix River Crossing is expected to reduce traffic volumes in this area. PLAN OF STILLWATER ❑❑ 11111 1111 1111 I 111111 11111111 1111 III 11111111 11111111 1111 1111 1111 1111 1111111 1111 1111 1111 III 11111111 1111 1111 1111111 11111111 III 1111 11111111 1111111 1111 1111 11111111 11111111 1111 1111 1111 III 11111111 1111 1111 1111111 11111111 1111 III 11111111 1111111 1111 1111 11111111 III 1111 1111 1111 11111111 11111111 1111 1111 111111111111111 1111 111111111111111111 1111 1111 11111111 III III 9-19 Chapter 9 : Transportation Figure 9.7: Typical Street Cross -Sections 40' 80' ROW q. 13.0' BLVD 19.5' To Back to Back 8.0' 5.0' 2.0" S/o e ROW 40' DESIGN GRADE 0.02'/Ft. PARKWAY VERTICAL URB & GUTTER TIP OUTn SEED AIL) PARKWAY TYPICAL SECTION 80' R.O.W. Ct. 40' 19.5' BACK TO BACK DESIGN G RAC) E 0.02'/FT 40' ROW 13.0' 2.0% She RO1A 10' 5' WALK 7' 18' B-B 18' B-B <a 0 III COLLECTOR ROAD TYPICAL SECTION 22' PLAN OF STILLWATER I I I II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II I I I I I I I I I I I I II I I II I I I I I I I I II I I II I I I I I II I I I I I II I I I I I II I I II I II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II I I I I I I I I I I I I II I I I I I I I I I I I I II I I II I I I I I II I I I I I II I I I I I II I I II I I I I I I I I III I II I II I I II I I II I II I I I I I II I I I I I II I II I I II ( I I I I I I I I III I I I I I I I I II I IIII III I II II I I IIII IIII I I IIII I III II I I II I II I I III I I I I II I II I I III I II I II I IIII III I II I I I I III I I II I II I II I IIIII III II I I III I II I III II I I IIII III IIIIII IIIII II I I I I I II I I III II I I II I II I I III I II I II I II I I III I II I IIIIII IIIII IIIIII IIIII III II I II I IIIII III IIII IIIIII I IIIIII IIII I II IIIIIII I IIII II I IIIIIII I III III I II I II I I III II I I II I II I I III I I I I II I I I I I III I II I II I I II I I II I I I I II I I II I I I I I II I I II I I I I I I II II I I III ( I I I I I I II I I III I II I I I I I II I III I II I I I I I II I I II I I I I I I I I I I I I I I I II I I I I Chapter 9: Transportation 9-20 Brick Street Brick Street is a local street in west central Stillwater that has a tendency to be utilized as a north/south shortcut from CSAH 5 to CSAH 12 for travelers attempting to avoid the intersection of CSAH 5/ Owens St/Myrtle Street. Perceived overcapacity based on observation by concerned citizens and city staff has brought this section of roadway to the attention of the city. Without an immediate improvement plan for the intersection of CSAH 5/ Owens Street/Myrtle Street, Brick Street is expected to continue to experience use as a cut -through route. Brick Street currently has a 36' cross section face to face of curb with one lane of travel in both directions and parking is allowed on both sides of the road. During 2007, recorded Average Daily Traffic (ADT) on Brick Street was 2,500. Applying a Washington County accepted growth rate factor of 1.5% to the 2007 traffic volumes results in traffic volume estimates of 2,600 for 2008 and 3,500 for 2028. Comparing actual Average Daily Traffic Volumes (ADT) to MnDOT State Aid road section guideline volume thresholds, shown in Table 9.3, details that Brick Street traffic volumes are within county recommended capacity levels for a Level of Service D on a two-lane roadway. Future traffic volume projections are still within the 8,500 ADT roadway capacity volumes listed for a two-lane roadway. A discussion about widening Brick Street in order to provide optimal capacity for cut -through traffic was held with the Comprehensive Plan Steering Committee. Widening Brick Street from 36 to 58 feet allows for a three -lane section, consistent with Washington County roadway cross-section design standards. This widened section would accommodate traffic volume increases and allow the continuation of parking on both sides of Brick. Though some challenges exist on the west side of Brick Street between CSAH 5 and CSAH 12 in the area of grade correction and a radio tower on the adjacent church property. The Steering Committee discussed options for the eventual widening of g PLAN OF STILLWATER Brick Street and determined that the best course of action at this time, for the perceived traffic increases, would be to restripe the existing roadway as three twelve -foot lanes (center turn lane and two regular traffic lanes, one on each side). This recommendation would require that parking on Brick Street between CSAH 5 and CSAH 12 be eliminated in order to keep existing right-of-way and curbing in place (see Figure 9.8). This approach will allow the City of Stillwater to accommodate future increases in traffic volumes on Brick Street with a minimal initial cost and disruption to property owners. One challenge with this scenario is the displacement of current parking usage along Brick Street. Residences would lose the ability to park on Brick Street and would have to park along Ramsey Street West or in driveways and garages. Overflow parking from Our Savior's Lutheran Church located in the northwest corner of CSAH 5 and Brick Street would be required to move from Brick Street. The Church is considering expanding its current parking lot or adding parking elsewhere on its lot. The 2015 Trails Master Plan identifies Brick Street as a bike route connecting existing and planned multi -use trails along CR12 to downtown Stillwater via Pine Street and Third Street. This route provides a lower traffic, gentler slope alternative to following Myrtle Street downtown. Impacts to this vital link in the city's bikeway facilities plan should be considered before implementing any changes to lane configuration or roadway expansion. Because of the ongoing County study at the intersection of CSAH 5/Owens Street/Myrtle Street, permanent infrastructure improvements to Brick Street should not be implemented until a plan has been set forth for area -wide improvements. At that time, roadway capacity needs on Brick Street should be reevaluated. At the present time, Washington County has no intention of incorporating Brick Street into the county road system. In addition, current traffic levels do not justify ❑o Chapter 9 : Transportation 9-21 intersection control improvements at Brick Street and CSAH 12 or CSAH 5. However, the Trails Master Plan does identify the need for a safe pedestrian/bicycle crossing of Myrtle Street at Brick Street. Brick Street was identified as the best candidate for a crossing location because of speed limits, topography and sight distance. PLAN OF STILLWATER [Q] 1llllll111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111llll11111llllllllll11111111111111llll11llllllllllllll1111111111111lllllllllllllllllllllllllllllllllllllllllllllll1111111111111lull1111111111111llllll❑1111111111111vun11111=lum LLllllllllllllllllllun111llullll1111111111 ullllll 9-22 Chapter 9 : Transportation Figure 9.8: Brick Street Widening -Discussed Alternative Church 1 12+---12=- tt--12' Widening with existing curb in place CR 12/MyrtleStreet Notes: - Existing street width 36' -12' Center left turn lane - 12' Through lanes - No parking lanes Ramsey Street Olive Street PLAN OF STILLWATER Chapter 9: Transportation 9-23 CSAH 15 Washington County ha identified the need to increase capacity on CSAH 15 north of TH 36 in the City of Stillwater. A technical memorandum dated, August 13, 2007 titled "Washington County Critical Needs" by SRF Consulting Group, Inc. identified the need for continuous north -south corridors through Washington County and noted CSAH 15 as a target route. Prior to this study, Washington County has programmed CSAH 15 to be improved to a four -lane section from TH 36 to 1/2 mile north of CSAH 12 in 2008 (construction completed in fall of 2008) and included the section from 1/2 mile north of CSAH 12 to TH 96 in their 5-year CIP plan for improvement. With this widening, the intersection of CSAH 15 and CSAH 12 will received a permanent fully actuated signal system. CSAH 12 at Maryknoll Drive Intersection In 2014-2015, the city extended Maryknoll Drive north of CR12 to Boutwell Road just east of Newberry Court North. The new public road was constructed to serve the new Minnesota National Guarge readniness center and Stillwater Fire Station. The new roadway was required to ensure fire department response times and maintain acceptable functioning of the County arterial system. The intersection with be signalized with turn lanes and will also provide access to areas planned for new residential development. Boutwell Avenue and CSAH 12, while at the same time not allowing a direct through -street in the area that may encourage additional cut -through traffic through the Croixwood neighborhood. Steering Committee and City Council members support unlimited access to areas both north and south of the Northland Avenue intersection from CSAH 12 as long as no traffic from the north side of CSAH 12 can cross south over CSAH 12 and enter the Croixwood neighborhood. This scenario is shown below in Figure 9.9. CSAH 12 at Northland Ave Intersection Future development and concern by neighbors related to traffic near the intersection of CSAH 12 and Northland Avenue prompted the City of Stillwater to investigate potential travel routes through the area. Initially, a north/south Neal Avenue collector from CSAH 12 to Boutwell Road N. was analyzed, but rejected because of concerns voiced by Croixwood neighborhood residents about potential cut -through traffic in their neighborhood. With adjacent neighborhood concerns in mind, Steering Committee members and City Council reviewed several alternative methods of providing access to the future residential neighborhood between PLAN OF STILLWATER [Q] 0 vuumunwMnnnrnnnnernnnr rn e¢eWWhtLLLLILLtlLLWtlWW nlmane]mmnullanullntivtlatl1111uuua1tultttultultuuuuuuultuumllumumtlllfunutla11u11uuvnlllluuuntlHmntluutl/tlauutWatiaauunnvauuawmuuuuu1 9-22 Chapter 9 : Transportation Current traffic volume levels do not justify the need for all -way intersection control at the location of this intersection. However, traffic volume could increase with future development and potentially reach levels that would justify intersection control in the future. Washington County has stated however that it has no desire to add future intersection control improvements as designed. The reason is that it would not be a full access intersection. If the county were to acquiesce and approve such intersection control improvements, their cost may have to be borne solely by the city. As proposed and supported by the City Council and committee, the intersection's features would: • Allow westbound movement onto CSAH 12 from Northland Avenue, • Restrict southbound movement from northern areas off CSAH 12, • Limit conflict points through clear channelization at intersection, improving intersection safety, • Allow all movements from Northland • Avenue (east, west, and northbound), • Is consistent with Washington County Intersection Spacing Guidelines along an A - minor expander at one -quarter mile. PLAN OF STILLWATER Chapter 9 : Transportation 9-25 Figure 9.9: Northland Avenue Intersection 1' -.r; CSAH 12175th Street Nonh @] PLAN OF STILLWATER @] 9-24 Chapter 9: Transportation Transit With the projected increases in population, households, and employment, the need for additional and expanded transit facilities is apparent within the City of Stillwater. With the increase in population, there will be a need for improved transit service to transport residents to the Twin Cities and other major employment areas. The transit objectives and programs listed in the first section of this chapter outline the transit needs of the city. The existing transit service in Stillwater is shown in Figure 9.10. The city is currently served by one express bus route (No. 294). This route provides express commuter bus service to Downtown St. Paul during rush hours on weekdays at a 30 minute frequency and serves the communities of Bayport, Oak Park Heights, Stillwater, Lake Elmo, Oakdale and 3M. There is one park and ride lot located at the St. Croix Valley Recreation Center. An informal car pool parking area also exists on TH 36 at Manning Avenue. The park and ride facility at the St. Croix Valley Recreation Center (Market Drive between Orleans and Curve Crest Blvd.) utilizes the south half of the lot and has a capacity of 100 vehicles. The TH 36 & Manning Avenue car pool area (located on the TH 36 northern frontage road just west of its intersection with Manning Avenue) has a capacity of 15 vehicles. Metro Transit also operates a dial -up service - 246 St. Croix Circulator. The St. Croix dial -up service is available within the limits of Bayport and portions of Oak Park Heights and Stillwater. It connects to St. Croix Mall and the Target/Cub Foods shopping areas. It also connects with Route 294. The St. Croix Circulator operates Monday through Friday from 8:00 am to 5:00 pm. The City of Stillwater falls within the Metropolitan Transit Taxing District. Stillwater is within Market Area III. Service options for Market Area III include peak -only express, small vehicle circulators, midday circulators, special needs paratransit (ADA, seniors), and ridesharing. Dial -a -ride services are provided by Human Services Inc. and St. Croix Valley Circulator. Metropolitan Council's 2030 Transportation Policy Plan identified TH 36 as a future express commuter bus service thoroughfare. The route will originate at either the existing St. Croix Valley Recreation Center Park and Ride lot (Option A - Figure 9-10) or, after completion of the St. Croix River Crossing project, the route will originate at the intersection of Highway 36 and Highway 95 (Option B - Figure 9-10). Final determination will be made by the Metropolitan Council and Metro Transit after completion of the Transit Feasibility Study as outlined in the St. Croix River Crossing Project Supplemental Final EIS dated July 2005. g PLAN OF STILLWATER ❑❑ Chapter 9 : Transportation 9-27 Figure 9.10: Existing and Future Transit Service DELLW OOD RD N MCKUSIGKRD N 80TH ST N 75TH ST N 36 & Manning 160TH ST N TH STN 80TH STN 8tTH ST ND ST N 20 H9��'il��l■n■li�t1■1 LW SWENSON S z OAK GLEN 75TH ST N 75TH ST 2e TERLACHEND WOOD BLV SKYVIEW CT 0 Option A 6 ON G LA D 62ND ST N J To/From St. Paul ■ ■ ■ K RD Y Z r RIFTWOOD LN FAIRY FALLS RD N 2 o+ 9 �U lP 11■11■11■11U11■11it1■Hl11■R■11U11■11■11■1ue11■Qf11■P • 9 OAKHILLCI N 0 ((/ O S ♦,A41.1 —: 1 /111 JOhIN`�T ",T T0, WILLOW STW WILLOW .TE �e �pC POPLAR STW POLAR ST W FT P V '') . , s 2 / \", DAL_AGER WAYz 0 w z N � z , TCROIXAVEW S 3 p \9 RREY LN A O� 3 O z � Wy DRIVING PARK j OR ANS STW y� Z ORI FANS ST I IN C St Croix Va ` y • Recreation Cente % z 3, m C' - DW �v QQ IIII RVE CREST 9L110�I 90TH ST N WNE CIR MOORE ST W MEADOWLARK D LINDEN 5T W LOOKOUT ST PINE STW PINE STW IVING PARK RD z S STI LWATERAVEW [ILKINS 5T HICKORY ST LIN BEN S-W� MY"TLE ST W WILKINS 5T W z APEN ST W ELM ST W ORY ST W MAPLE S N LAUREL ST LI DEN S N RTH.T ES n C rc LIVE ST W WIL 'RD.TW w ABBOTT ST W = O 0 LAKE ST CHUPCHILL STW 2 2 3 z - H FRONTAGE RD W AND=RSON AMORE ST W I- I- WILKINS HAN OCK 65TH ST N l- ERETT DR Option B ST ELM ST MARSH ST W F y MA•SH53E er 404 .�' • • o. 0 Kolliner Park I ,ak. /O 64TH ST N DFS 63RDSTN 'I 3RD STN 63RD STN - I SH TON DR SHELTON c z 591-H ST N 58TH S ■11■11■11■u■1 on•in S 1 1( a Ater THE BIRTHPLACE OF MINNESOTA Figure 10: Existing and Future Transit Service 2008 Comprehensive Plan 0 5001,000 2,000 3,000 4,000 Feet Legend • • O Bus Stops Bus Shelters Park and Ride Park and Pool Existing Bus Route No. 294 Future Express Commuter Bus Route j1■11■11e i 2030 City Boundary August 13, 2008 Data Source: The Lawrence Group, SRF Consulting Group, Washington County, City of Stillwater Prepared by: PLAN OF STILLWATER ❑o I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Chapter 9 : Transportation 9-26 Aviation The closest airport to City of Stillwater is the Lake Elmo Airport located in Baytown Township (see Figure 9.11). The airport is owned and operated by the Metropolitan Airports Commission and serves as a reliever airport for the Minneapolis -Saint Paul International Airport. The airport has two runways under 4,000 feet long and is designed to accommodate primarily the private and recreational flyer operating single- and twin -engine propeller aircraft. Lake Elmo Airport serves the business sector with higher performance single- and twin - engine aircraft and an occasional small jet aircraft. The facility is served by a fixed -base operator and an aircraft maintenance provide. The City of Stillwater recognizes the need to protect navigable air space both in terms of flight path and communications interference. The city's existing zoning regulations accomplish the task of protecting the flight paths through the establishment of maximum structure height. Even in the most liberal instance, structure height would not pose a problem for the safe operation of aircraft, since the highest building permitted in the city is a 50 foot tall agricultural building. And, if approved through the Special Use Permit process, the tallest tower allowed would be 100 feet. Should a project be proposed with the potential to interfere with air traffic, the city will notify the Federal Aviation Agency according to the requirements found in Federal Regulation Title 14, Part 77 using FAA form 7460. g PLAN OF STILLWATER ❑❑ Chapter 9 : Transportation 9-27 Figure 9.11: Regional Airport 05TH ST N 89 HSTN HSTN RD STIJ 36THS 32-ND S N N Ny i lT 110TH STN 110TH STN 110TH STN 1101-HSINfj 105TH S N w a 80TH STN-' HST TH St 37TH S 4TH ST 2 15TH S. N TH ST N 7TH ST N LWOOD D N :8TH ST N 75TH STN `r 69TH ST 66TI{ LWOOD R.N •LL4. MCKUSICK TH ST N 175TH ST N er Bus Se ice 50TH ST N >� I 39TH ST 0TH ST 2TH STN 10TH ST N HUDSON BLVD HUDSON RD H •}J 2= D )•ai •D E•LLbbulam` ' -r ` kr �LR +LA E RD 107TH ST N S STN H STN 00TH ST N p. WOOD 11=115A11 56TN 1 5 53RD ST N RD DST" 1 51•TSST NN5 N S Lake Elmo Airport CI z w w < a HSTN N TH ST N 10TH ST N TATE 94 DSON Q Q Z 15TH STS Q 22ND ST S 30TH STS O 0 H ST N 0 TH ST z 6 H ST/ TH ST ATF 94 INTERST E J J 0TH ST S LLEY CREEK TRL S OTH STS 30TH ST S F NDSTN Z 0 DIVISION ST 8 A 5TH N THE BIRTHPLACE OF MINNESOTA Figure 11: Regional Airport 2008 Comprehensive Plan 0 2,2504,500 9,000 13,500 18,000 Feet Legend Existing Bus Routes Future 2030 Transitways 2030 City Boundary August 13, 2008 Data Source: The Lawrence Group, SRF Consulting Group, Washington County, City of Stillwater Prepared by: [TEN PLAN OF STILLWATER ❑o I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Chapter 9 : Transportation 9-28 Implementation To implement the transportation plan, the city will consider the following implementation measures: To develop a coordinated transportation system that provides for local as well as area -wide traffic, the City of Stillwater will: • Develop an area -wide coordinated road improvement program with Mn/DOT and Washington County. (Program 1) • Prepare corridor/traffic studies with Washington County for the following Minor Arterials: Greeley/Owens and Third/Fourth Street. (Program 2) • Provide a collector connection from County Road 12 to Olive Street. Continue to explore the Brick Street option for this collector. (Program 3) To better integrate roads into new residential neighborhoods, as well as into natural settings, the City of Stillwater will: • Develop a comprehensive streetscape plan for plantings and improvements along developed or major streets. This would have aesthetic and traffic calming benefits. (Program 4) To make it easy and convenient to travel in and around Stillwater, tie allowable new development to the capacity of roadways; limit impact of non- residential traffic in neighborhoods when possible and develop a comprehensive sidewalk, trail and bikeway system, Stillwater will: • Develop a comprehensive signage program. The program will identify key gateways into the city; will create gateway signage/monuments; will create consistent directional signage; and will direct regional traffic to downtown Stillwater via routes that avoid residential neighborhoods. (Program 5) • Provide bicycle parking, locations and attractive bicycle storage racks at key locations including parks, downtown and commercial centers. (Program 7) • Work with State, regional and other partners on a transit plan. (Program 8) • Keep up to date parking plan and parking management program for the Downtown area. (Program 6) • Consider developing a parking plan to improve the usage of underutilized public/ private parking in Downtown Stillwater. (Program 9) To provide an integrated system of roads, bikeways, transit lines, and pedestrian paths, the City of Stillwater will: • Develop Implement thea bikeway system facilities in the 2015 Trails Master P-plan. (Program 10) • Consider aAmending subdivision ordinance to require bicycle facilities according to bikeway facilities plansthe Trails Master Plan. (Program 11) • Develop and promote traffic safety and education programs. (Program 12) • Continue implementing the sidewalk/ pathways maintenance and improvement program. (Program 13) • Develop a plan for sidewalk and trail snow removal. (Program 14) • Improve the appearance of bus stops and better integrate stops into neighborhood or area designs. (Program 15) • Encourage MnDOT to provide continuous bicycle lanes/paths both along both the north and south the Highway 36 frontage roads from CR 15 to TH 95 and also along- TH 95 from Oak Park Heights north through downtown to TH 96 at the Brown's Creek area. (Program 16) along TH95 north of downtown Stillwater to the Boom Site. g PLAN OF STILLWATER ❑❑ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Chapter 9 : Transportation 9-29 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING THE CITY OF STILLWATER MASTER TRAILS PLAN AND APPROVAL OF AN UPDATE TO THE CITY OF STILLWATER 2030 COMPREHENSIVE PLAN CASE NO. 2015-14 WHEREAS, in June, 2010, the City of Stillwater adopted the City of Stillwater 2030 Comprehensive Plan ("Comp Plan"); and WHEREAS, the Com Plan Chapters 1, Community Background, Chapters 8, Parks and Trails, and Chapter 9, Transportation, addressed existing and future trails; and WHEREAS, on April 1, 2014 the City Council directed the Planning Commission, with assistance of the Parks and Recreation Commission, to update the Master Trails Plan ("Trail Plan") and develop the necessary Comprehensive Plan Amendments ("CPA"); and WHEREAS, the Stillwater Parks Commission met on April 28, June 23, July 28, August 25, September 22, October 27 and December 22, 2014 and March 23, 2015 to discuss the Trails Plan; and WHEREAS, the Stillwater Planning Commission met on April 14, June 12, July 9, and November 12, 2014, and March 11, 2015 to discuss the Trails Plan; and WHEREAS, on May 19, 2015 the City Council of the City of Stillwater reviewed the draft Trail Plan; and WHEREAS, on June 11, 2015 the City of Stillwater held a public open house to review the draft Trail Plan; and WHEREAS, on June 22, 2015 the Parks and Recreation Commission held a public hearing to review the Trail Plan and the necessary changes to the Comp Plan and made a favorable recommendation of approval to the City Council to adopt the Trail Plan; and WHEREAS, on June 10, 2015 the Planning Commission held a public hearing to review the Trail Plan and the necessary changes to the Comp Plan and on September 9, 2015, made a favorable recommendation of approval to the City Council to adopt the Trail Plan and approve such CPAs; and WHEREAS, on September 15, 2015, the City Council held a public hearing and reviewed the Trail Plan and CPAs. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Master Trails Plan; and BE IT FURTHER RESOLVED, that the City Council of the City of Stillwater hereby approves the changes to the City's 2030 Comprehensive Plan contingent upon Metropolitan Council review and approval of the Comprehensive Plan Amendment Submittal Form. Enacted by the City Council of the City of Stillwater, Minnesota this 15th day of September, 2015. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk MAGNUSON LAW LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE 324 MAN STREET SOUTH • SUITE #260 • STILT'SATER, MN 55082-5165 TELEPHONE: (651)439-9464 • FACSIMILE: (651)439-5641 www.lvLkoNusois(LAwEntivi.com DAVID T. MAGNTJSON DTMAGNusoN@MAGNusoNLAwFwm.com MEMORANDUM TO: Mayor, City Council, and Staff FROM: David T. Magnuson DATE: September 11, 2015 RE: Hazel Street Minor Subdivision AVIANDA K. DREW AKDREW@MAGNUSONLAWFIRM.COM The public hearing regarding the Hazel St. Minor Subdivision request was closed on September 1st, Unless there is a compelling legal reason, the public hearing should not be reopened. The letter from Counsel for the Developer requests the continuance in order to respond to comments made at the September 1st meeting, and cites only "Fairness" as a reason to do so. However, if more time would be afforded the Developer, then each of the neighbors or other interested parties might request more time to respond to new information provided by the Developer. The process would have the potential to be never ending. All parties to this dispute were given ample time to provide testimony or documents and to respond to the testimony or documents of others. And, a straw vote was taken by the Council based upon the record that was closed on September 1St The lawyer also asks for an opportunity to review a draft of the findings that the Council directed staff to prepare in support of the straw vote. If they were given that right, then any other interested party would need to be afforded the same right. Your staff works for the City Council and has no other interest in these proceedings. It is only fitting that the staff prepare the findings, without review by the Developers or their lawyers and the Findings should be based only upon the record established at the September Pt hearing. Respectfully Submitted, DavidgT. : gnuson Stillwa ty Attorney RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO A 20 LOT RESIDENTIAL PRELIMINARY PLAT AND ASSOCIATED VARIANCES, ZONED RB: TWO FAMILY RESIDENTIAL, ALL FOR PROPERTY LOCATED AT 1902 WILLIAMS ST N. CASE NO. 2015-22 BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Finding of Fact, Conclusions and Order related to 20 Lot Residential Preliminary Plat and Associated Variances, Zoned RB: Two Family Residential, all for property located at 1902 Williams St N., as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the said Findings of Fact, Conclusions and Order. Adopted by the Stillwater City Council this 15th day of September, 2015. Ted Kozlowksi, Mayor ATTEST: Diane F. Ward, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER BEFORE THE CITY COUNCIL In Re: The Application of Fairway Development, LLC (Landowner) Case No. 2015-22 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened the Public Hearing scheduled for 7:00 p.m. on September 1, 2015 at the Council Chambers in City Hall on the Application of Fairway Development, LLC ("Applicant") for approval of (i) a preliminary plat for 19 single family lots; and (ii) a variance from the cul-de-sac length requirements of the City Subdivision Code in the RB, Two Family Residential District. The matter was before the Planning Commission on August 12, 2015 when a Public Hearing was also held. Upon conclusion of the Public Hearing, the Planning Commission recommended denial of both requests. At the Public Hearings, the City Council and Planning Commission considered the reports of Bill Turnblad, City Community Development Director, testimony and exhibits submitted by the Applicant, the Staff Report and Minutes of the Planning Commission, maps, testimony of adjacent neighbors of the property in question, and the Planning file prepared by City Staff for the Application. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings berein, the City Council makes the following: FINDINGS OF FACT 1. This site is located at 1902 North William Street and is legally described on Exhibit 2. The neighborhood is known as the Dutchtown area of the City and has a variety of home styles and lot sizes. Immediately adjacent to the east, a development of large homes on 2.5 acre lots abuts the property; on the north is the Brown's Creek State Trail and the Brown's Creek ravine; to the west and south of the land is the Stillwater Golf Club. In this setting, the proposed 19 relatively small lots, ranging in size from 0.20 acres to 0.74 acres, are out of character with the neighborhood. 3. The proposed development requires a variance to Chapter 32, subd. 6(3), of the Stillwater City Code to allow for the construction of a cul-de-sac that exceeds 600 feet in length. Measured from North 5th Street (the beginning of the single outlet street serving the property), the length of the cul-de-sac is approximately 1, 440 feet long. 4. One of the principle reasons for establishing a maximum cul-de-sac length is related to public safety. In general, the longer a single outlet street is, the greater the chances are that something could block access to homes for emergency or other vehicles. Homes at the end of the proposed cul-de-sac would be required to drive up to 1,440 feet before reaching the first opportunity to take a second route out of the neighborhood. This is well over double the intended distance. 5. In order to exit Dutchtown, the development's residents will travel predominantly along Hazel Street to State Highway 95. This route includes streets that are narrower than preferred by current Subdivision Code standards. Moreover, the steep hill on Hazel Street east of 2nd Street crosses Brown's Creek State Trail at a blind intersection causing public safety concerns. The increased traffic of the 19 homes exacerbates this unsafe condition. CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That a cul-de-sac length longer than the standard 600 feet with no other exit would create a risk of harm to the public. 3. That the purpose of the design regulations is to protect the health, safety and community welfare. ORDER IT IS HEREBY ORDERED 1. The variance required for the length of the cul-de-sac is hereby denied. 2. The application of preliminary plat approval is denied. Adopted by unanimous vote of the City Council this 15th day of September, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Exhibit A MALKERSON GUNN MARTIN LLP 1 9 0 0 U S. BANK PLAZA SOUTH TOWER 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612-344- 1 1 1 1 FACSIMILE 612-344- 1 41 4 Bruce D. Malkerson, Esq. Direct Dial No. 612.344.1699 bdm@mgmllp.com September 10, 2015 By United States Mail and E-Mail Ted Kozlowski Mayor City of Stillwater 216 North 4th Street Stillwater, MN 55082 Tom Weidner Councilmember City of Stillwater 216 North 4th Street Stillwater, MN 55082 Mike Polehna Councilmember City of Stillwater 216 North 4th Street Stillwater, MN 55082 RE: Hazel Place Villas Development Our File No. 2945.001 Dear Mayor and Members of the City Council: David Junker Councilmember City of Stillwater 216 North 4th Street Stillwater, MN 55082 Doug Menikheim Councilmember City of Stillwater 216 North 4th Street Stillwater, MN 55082 We write on behalf of Fairway Development, LLC ("Fairway Development"), the owner and developer of Hazel Place Villas, to submit additional comments on the position taken by the City Council at its meeting on September 1, 2015 concerning the interpretation of its subdivision ordinance. That position is simply wrong and is contrary to the law that governs land use regulation in Minnesota and in other jurisdictions across the United States. We therefore ask that the City Council reverse its concept position and vote to approve the Hazel Place Villas application as the law obliges it to do. As this matter concerns questions of law, we recommend that you rely on the legal opinion of the attorneys representing the City, including those that maybe assigned to the City by the insurance company providing coverage to the City for such matters. Given the facts of this case, this 179780.doc Mayor and City Council City of Stillwater September 10, 2015 Page 2 is not a policy choice for the City Council. To the contrary, the outcome is legally mandated. The City's subdivision ordinance defines cul-de-sac as follows: "Cul-de-sac means a local street with one outlet having a turnaround for the reversal of traffic movement." City Subdivision Ordinance § 32-1, subd. 3. The ordinance imposes a maximum length limitation on cul-de-sacs, stating in relevant party as follows: "Cul-de-sac streets. Permanent cul-de-sac streets, may not exceed 600 feet in length." City Subdivision Ordinance § 32-1, subd. 6(3)(1). The proposed Hazel Place is a local street. It has one outlet and a turnaround for the reversal of traffic movement. It measures less than 600 feet in length. There is nothing in the City's ordinances that can be read to allow or require the inclusion of part of other streets when measuring the length of the proposed Hazel Place cul-de-sac. There is no ambiguity. The proposed Hazel Place therefore fully complies with the regulations concerning cul-de-sac streets stated in the City's subdivision ordinance, and the City is legally obliged to approve the Hazel Place Villas application. See Krummenacher v. City of Minnetonka, 783 N.W.2d 721, 726 (Minn. 2010) (holding that if an ordinance is "clear and free from all ambiguity, plain meaning controls" and cannot be "disregarded under the pretext of pursuing the spirit [of the ordinance]"), citing Minn. Stat. § 645.16 (2008) and Phelps v. Commonwealth Land Title Ins. Co., 537 N.W.2d 271, 274 (Minn. 1995) The City Council took the position at its September 1, 2015 meeting that the length of the proposed Hazel Place cul-de-sac street must include part of the existing Hazel Street (so that the length of the cul-de-sac street is measured from the last point at which a vehicle can make a turn without a reversal of traffic movement). The most that can be said in support of the concept position taken by the City Council is that the cul-de-sac street length limitation in the City's subdivision ordinance may seem ambiguous to some. Indeed, the City's Community Development Director acknowledged his belief that the ordinance was ambiguous in his introductory remarks at the September 1, 2015 City Council meeting concerning the Hazel Place Villas application, in which he stated that "it's ambiguous that we don't have any specific language saying this is how you shall measure a cul-de-sac." As noted above, there is no ambiguity in the text of the ordinance, and it therefore must be applied as written. However, even if the ordinance were ambiguous, there are certain legal rules that apply to the interpretation of an ambiguous land use ordinance both in Minnesota and in other jurisdictions. The City Council disregarded these rules in adopting its concept position. For example, we stated in our previous letter that municipal ordinances must be construed strictly against the government and in favor of the applicant who is the property owner. Frank's Nursery Sales, Inc. v. City of Roseville, 295 N.W.2d 604, 608-09 (Minn. 1980). This is not just the law in Minnesota. Rather, it is axiomatic in jurisdictions across the United States. A prominent legal treatise on land use law states in relevant part as follows: 179780.doc Mayor and City Council City of Stillwater September 10, 2015 Page 3 Zoning' ordinances "are in derogation of the common law and operate to deprive an owner of property of a use thereof which would otherwise be lawful, and should be strictly construed in favor of the property owner." The prevailing rule in most jurisdictions, in the absence of any statute to the contrary, is that zoning laws should be strictly construed in the favor of the property owner. This statement of the rule, or some variation of it, is widely accepted and frequently repeated and applied in zoning litigation. The public policy sought to be implemented by a construction most favorable to the property owner is to permit the least restricted use of real property. Anderson's American Law of Zoning, 5th ed., § 41:4 (Thomson Reuters 2015) (citing cases from numerous jurisdictions). A corollary to this axiom is another axiom that a land use ordinance may not be extended by implication. See Anderson 's American Law of Zoning, 5th ed., § 41:5 (Thomson Reuters 2015) (citing cases from numerous jurisdictions and stating that "courts frequently state, as a corollary to the rule of strict construction, that a zoning ordinance will not be extended by implication."). It is equally axiomatic in Minnesota and elsewhere that land use restrictions must be clearly expressed in order to be lawful. Chanhassen Estates Residential Ass'n v. City of Chanhassen, 342 N.W.2d 335, 340 (Minn. 1984) ("To be effective any restriction on land use must be clearly expressed"). Finally, there is a legal axiom that is of particular relevance here that assigns great persuasive weight to the past interpretation of an ambiguous ordinance adopted and applied by municipal governing bodies and their administrative staff members.2 The Alabama Supreme Court has characterized this axiom in the following way: Another basic rule of statutory construction is that a long-standing interpretation given a statute or ordinance by officials charged with its administration is highly persuasive as to the intent of the legislative body when it enacted the statute or ordinance and, consequently, the meaning of the statute or ordinance. This is especially so where the long-standing interpretation has controlled how the public has conducted its business. City of Birmingham v. AmSouth Bank, N.A., 591 So.2d 473, 477 (Ala. 1991) (invalidating municipal Although this particular legal treatise focuses on zoning law, the legal maxims it recites apply equally to all types of municipal ordinances. See e.g. "Construction of Ordinances," McQuillan, The Law of Municipal Corporations (3rd ed), § 20:44, et seq. (Thomson Reuters 2007). 2 One of the spokespersons for the objecting neighborhood group misquoted a prior statement by Bruce Malkerson concerning the precedential effect of the granting of a variance. That statement concerned variances only. A municipality may not be bound in future cases by a decision to grant a variance in a particular case. However, the same is not true of a municipality's past interpretation of its ordinances. As set forth above, a municipality's past interpretation of an ambiguous ordinance can bind a municipality when it suddenly adopts a contrary interpretation to the detriment of a particular applicant. 179780.doc Mayor and City Council City of Stillwater September 10, 2015 Page 4 enforcement of a tax ordinance based on the municipality's past application and interpretation of the same ordinance). Similarly, the United States Eighth Circuit Court of Appeals has characterized the axiom as follows: [I]f the interpretation [of an ordinance] can be said to be a matter of doubt, we may look to the contemporaneous construction given these ordinances by the legislative and executive authorities of the city of Sedalia. It appears that in the administration of these ordinances from the time of their enactment to the institution of these actions, they were universally construed by the executive officers of the city as applying only to sales made within the city of Sedalia. City of Sedalia v. Shell Petroleum Corp, 81 F.2d 193, 197 (8th Cir. 1936) (invalidating municipal enforcement of a tax ordinance based on the municipality's past application and interpretation of the same ordinance); see also McQuillan, The Law of Municipal Corporations (3rd ed,), § 20:50 (Thomson Reuters 2007) ("A long-standing interpretation given an ordinance by officials charged with its administration is highly persuasive as to the intent of the legislative body when it enacted the ordinance and, consequently the ordinance's meaning"); Frank's Nursery Sales, 295 N.W.2d at 609 (staff interpretations of municipal ordinances are "entitled to respect"); Mayor and City Council of Baltimore v. Crane, 352 A.2d 786, 792 (Md. Ct. App. 1976) (an ordinance interpretation by a city official is entitled to weight); Manchester Fire Fighters Ass 'n, Local #856 v. City of Manchester, 295 A.2d 461, 463 (N.H. 1972) ("[i]n construing the ordinance, it is proper ... to consider how it has been applied in practice by those entrusted with its administration"); and U.S. v. Cerecedo Hermanos y Compania, 209 U.S. 337, 339 (1908) ("when the meaning of a statute is doubtful, great weight should be given to the construction placed upon it by the department charged with its execution"). Here, the concept position taken by the City Council at its September 1, 2015 meeting manages the rare feat of violating nearly every legal maxim that applies to the interpretation and application of municipal land use regulations. The City Council has taken an ordinance that the City's own staff acknowledges to be ambiguous (at best) and has 1) construed the ordinance against the applicant property owner and in favor of the preferences of the current City Council; 2) extended the definition of "cul-de-sac" by implication to require the inclusion of parts of separate streets in the measurement of the length of a cul-de-sac street within a particular plat; 3) interpreted the ordinance to include a restriction on the use of land that is not expressly stated in the ordinance; and 4) interpreted the ordinance contrary to the long-standing interpretation applied by the City staff, the City Planning Commission and the City Council to cul-de-sac streets in other plats reaching back over a period of decades.3 3 The attorney for the neighborhood opposition group correctly noted another axiom that municipal ordinance must be interpreted so that they are consistent with their underlying purpose. See Frank's Nursery Sales, 295 N.W.2d at 609. That attorney apparently believes the underlying purpose of the ordinance is self-evident, but there is nothing in the City's ordinances or anywhere else that indicates the purpose of this ordinance provision one way or the other or that any 179780.doc Mayor and City Council City of Stillwater September 10, 2015 Page 5 In a case with facts very similar to the present situation, the New Mexico Supreme Court has invalidated a city council's interpretation of an ordinance where that interpretation was inconsistent with the interpretation historically applied by the city administrative staff responsible for administering the ordinance in question. High Ridge Hinkle Joint Venture v. City of Albuquerque, 970 P.2d 599, 601 (N.M. 1998) (invalidating a municipality's interpretation of certain definitions in its zoning ordinance based in part on the municipal staff's past application of the opposite interpretation). In reviewing the decision of the City Council here, a reviewing court will take into account the fact that the City Council is departing from the City's long-standing method of measuring the length of cul-de-sac streets in previous plat applications submitted to and considered by the City staff, the City Planning Commission and the City Council. A reviewing court will also take note of the fact that the City Council applied its long-standing method of measuring cul-de-sac street length to a cul-de-sac street included in a previous plat of the very same property that is at issue here to approve a cul-de-sac street that is even longer than the one proposed for Hazel Place Villas here. It is highly unlikely that a reviewing court will find these facts supportive of a decision by the City Council to deny the Hazel Place Villas preliminary plat application. In summary, the concept position taken by the City Council at its September 1, 2015 meeting is simply wrong. If the City Council believes that City's current subdivision ordinance and the City's past interpretation of that ordinance do not properly reflect the policy preferences of the current City Council, the City Council has the legislative authority to adopt a new ordinance and to apply that new ordinance to future applications. However, the City Council must apply its current ordinances to the application presently before it, and it is bound to interpret those ordinances in a manner consistent with its past practices. Here, the preliminary plat application submitted by Fairway Development fully complies with the City's existing zoning and subdivision ordinances. Accordingly, there is no "legally sufficient" reason for denying the application. Indeed, as the City's attorney noted during the September 1, 2015 City Council meeting, Minnesota appellate courts have repeatedly held it to be unlawful for a municipality to deny an application for a permitted use that complies with all of the performance standards set forth in the municipality's zoning and subdivision ordinances. See e.g. Chanhassen Estates Residential Ass 'n v. City of Chanhassen, 342 N.W.2d 335, 340 (Minn. 1984); and Nat'l Capital Corp. v. Village of Inver Grove Heights, 301 Minn. 335, 337, 222 N.W.2d 550, 552 (1974). A decision to deny the Hazel Place Villas application here would therefore be unlawful, and the City would be liable for the substantial damages Fairway Development would incur due to the City's unlawful act (for which all of its taxpayers would bear the cost). Accordingly, we urge the City Council to vote to approve the application. particular way of measuring cul-de-sac street length is consistent or inconsistent with that purpose (whatever it may be). Fairway Development has previously noted that there are other cul-de-sac streets within the City that are significantly longer than the proposed Hazel Place here, with no ill-effects on public safety or on any other legitimate policy goal of the City. 179780.doc Mayor and City Council City of Stillwater September 10, 2015 Page 6 We also urge the City Council to obtain an opinion from the City's attorneys concerning the potential collateral effects of this City Council's repudiation of its long-standing past interpretation of its subdivision ordinance. By so repudiating the long-standing past interpretation of the City's subdivision ordinance, this City Council is implicitly declaring that any past plat approvals premised on or incorporating that past interpretation are unlawful. Minnesota appellate courts have made it clear that property owners are not entitled to rely on a municipality's erroneous application of its own municipal land use ordinances. See e.g. Mohler v. City of St. Louis Park, 643 N.W.2d 623 (Minn. Ct. App. 2002) (directing a municipality to enforce a zoning ordinance against a non -conforming property notwithstanding that the owner developed the non -conformity in reliance on a zoning permit erroneously approved by the municipality). This City Council should carefully consider whether it wants the City and its taxpayers to be responsible for putting at substantial risk the past, present and future owners of potentially hundreds of lots in other plats previously approved by the City just because some of the neighbors in this area do not want the City Council to approve Fairway Development's plat even though it is in full compliance with all applicable City ordinances. Finally, we renew our request as set forth in our letter to you dated September 8, 2015 that this matter not be acted upon by the City Council until its second meeting in the month of October for the reasons stated in that letter. We enclose a copy of that letter for your convenient reference. Please call us at 612.344.1111 if you have any further questions. Very truly yours, Bruce D. Malkerson Patrick B. Steinhoff BDM/PBS:ts Enclosure cc: David Magnuson, City Attorney Torn McCarty, City Administrator Bill Turnblad, Community Development Director Sterling Black Len Pratt Roger Humphrey 179780.doc MALKERSON GUNN MARTIN LLP 900 U.S BANK PLAZA SOUTH TOWER 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612-344- 1 1 1 1 FACSIMILE 612.344- 1 41 4 Bruce D. Maikerson, Esq. Direct Dial No. 612.344.1699 bdm@mgmllp.com September 8, 2015 Ted Kozlowski Mayor City of Stillwater 216 North 4th Street Stillwater, MN 55082 Tom Weidner Councilmember City of Stillwater 216 North 4`h Street Stillwater, MN 55082 Mike Polehna Councilmember City of Stillwater 216 North 41h Street Stillwater, MN 55082 RE: Hazel Place Villas Development Our File No. 2945.001 Dear Mayor and Members of the City Council: David Junker Councilmember City of Stillwater 216 North 4th Street Stillwater, MN 55082 Doug Menikheim Councilmember City of Stillwater 216 North 4th Street Stillwater, MN 55082 We represent Fairway Development, LLC ("Fairway Development"), the owner and developer of Hazel Place Villas. We understand that the City Council currently intends to vote on the Hazel Place Villas application at its meeting on September 15, 2015. We respectfully ask that this vote be continued to a later date, preferably to the City Council's second meeting in the month of October. Fairway Development requests a continuance for the following three reasons: First, Fairway Development has requested that a transcript be made of the City Council meeting concerning the Hazel Place Villas application on September 1, 2015. This transcript is not yet available. Fairway Development is entitled to ensure that there is a proper response in the record to all of the various comments made by members of the City Council and by members of the public concerning the Hazel Place Villas application. There is currently not sufficient time for Fairway 179252.doc Mayor and City Council City of Stillwater September 8, 2015 Page 2 Development to obtain information necessary to respond to all of these comments. Fairness demands that Fairway Development has sufficient opportunity to respond to all of the wide-ranging comments and factual allegations made at the September 1st City Council meeting before the City Council votes on the Hazel Place Villas application. Second, Fairway Development has also just made a request to the City for information pursuant to the Minnesota Data Practices Act, Minn. Stat. § 13.01 concerning certain of the issues raised by the members of the City Council and the public at the September 1, 2015 City Council meeting on the Hazel Place Villas application. For example, there was extensive discussion at the meeting concerning the City's approval of the Fairway Villas development in 2007 as well as the City's past interpretation of its cul-de-sac length limitation ordinance. Fairway Development needs sufficient time to obtain and review additional information concerning these and other issues so that it can put additional information concerning these into the record prior to the City Council votes on the Hazel Place Villas application. Fairness demands that Fairway Development have sufficient opportunity to ensure that there is a full and adequate record before the City Council votes on the Hazel Place Villas application. Third, the City Council directed the City staff to prepare a resolution denying the Hazel Place Villas application. This resolution has not yet been made available for Fairway Development's review and comments. Fairness demands that Fairway Development have sufficient opportunity to review and comment on this resolution before it is presented to the City Council for a vote. Fairway Development is willing to provide whatever waiver of statutory deadlines concerning the Hazel Place Villas application the City may require in order to accommodate this request for a continuance. It is not clear to us whether the City Council will meet prior to September 15, 2015. We are therefore providing copies of this letter to the City Attorney, City Community Development Director and City Administrator and asking those persons to deliver a copy to whichever City official has the authority to act on this request. Please call us at 612.344.1111 if you have any further questions. Very truly yours, Bruce D. Malkerson Patrick B. Steinhoff 179252.doc Mayor and City Council City of Stillwater September 8, 2015 Page 3 BDM/PBS:ts cc: David Magnuson, City Attorney Tom McCarty, City Administrator Bill Turnblad, Community Development Director Sterling Black Len Pratt Roger Humphry 179252.doc Terri J. Smith From: Terri J. Smith Sent: Tuesday, September 15, 2015 2:56 PM To:'tkozlowski@ci.stillwater.mn.us;'dmenikheim@ci.stillwater.mn.us'; 'tweidner@ci.stillwater.mn.us'; 'mpolehna@ci.stillwater.mn.us'; 'djunker@ci.stillwater.mn.us' Cc: 'dtmagnuson@magnusonlawfirm.com 'tmccarty@ci.stillwater.mn.us'; 'bturnblad@ci.stillwater.mn.us'; 'sterling@lsblack.com; 'lepratt@pratthomes.com; 'roger@humphreyengineering.com'; Bruce D. Malkerson; Patrick B. Steinhoff; 'dward@ci.stillwater.mn.us' Subject: Hazel Place Villas Development Attachments:L-Stillwater Mayor and City Council (179893x9C65D).pdf flECEIVE �� SEP 15 1015 aCe,a Please see the attached letter from Bruce Malkerson and Patrick Steinhoff regarding the above -referenced matter. Please add this letter and its attachments to the record of the Hazel Place Villas application. Thank you. Terri Smith Legal Administrative Assistant to Bruce D. Malkerson and Patrick B. Steinhoff MALKERSON GUNN MARTIN LLP 220 South Sixth Street, Suite 1900 Minneapolis, MN 55402 Direct Dial 612.455.66511 Fax 612.455.2054 tjsCa�mgmllp.corri I www.mgmllp.com The information contained in this message is attorney -client privileged and confidential information intended only for use of the individual or entity to which it was intended to be sent. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at 612.344.1111 or reply e-mail communication and delete the original message. Thank you. IRS CIRCULAR 230 DISCLOSURE As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be Imposed under the U.S. Internal Revenue Code. MALKERSON GUNN MARTIN LLP 900 U.S. BANK PLAZA SOUTH TOWER 220 SOUTH SIXTH STREET MINNEAPOLIS. MINNESOTA 55402 TELEPHONE 612-344. 1 1 1 1 FACSIMILE 612-344- 141 4 Bruce D. Malkerson, Esq. Direct Dial No. 612.344.1699 bdm@mgmlip.com mgmllp.com September 15, 2015 By E-Mail Ted Kozlowski Mayor City of Stillwater 216 North 4th Street Stillwater, MN 55082 Tom Weidner Councilmember City of Stillwater 216 North 4th Street Stillwater, MN 55082 Mike Polehna Councilmember City of Stillwater 216 North 4th Street Stillwater, MN 55082 RE: Hazel Place Villas Development Our File No. 2945.001 Dear Mayor and Members of the City Council: David Junker Councilmember City of Stillwater 216 North 4th Street Stillwater, MN 55082 Doug Menikheim Councilmember City of Stillwater 216 North 4th Street Stillwater, MN 55082 We write on behalf of Fairway Development, LLC ("Fairway Development"), the owner and developer of Hazel Place Villas to address certain issues relating to the adequacy of the record before the City Council concerning the Hazel Place Villas application. By letter dated September 8, 2015, we delivered a request for documents pursuant to the Minnesota Data Practices Act, Minn. Stat. § 13.01. We enclose a copy of this request for your reference. In that request, we requested documents concerning certain of the issues raised by the members of the City Council and the public at the September 1, 2015 City Council meeting on the Hazel Place Villas application. The City staff made documents responsive to this request available 179851.doc Mayor and City Council City of Stillwater September 15, 2015 Page 2 to us on a flash -drive at 11:26 a.m. on Monday, September 14, 2015. A representative of Fairway Development accepted delivery of this flash -drive several hours later on that same day. In response to our request, the City staff appears to have simply provided us with the file numbers for all past subdivision applications with no attempt to identify files or applications that are specifically responsive to our request.' Fairway Development and its consultants have attempted to review these files using the "Public Documents" link on the City's web -page, but have not been able to properly review all of them due to the voluminous number of documents and the limited amount of time available to review them. In our limited review of these documents, we do not see a single example of any instance in which the City Council applied the definition of "cul-de-sac" articulated by the City Council at its September 1, 2015 meeting. On the other hand, we see two recent examples' of instances in which the City Council approved a cul-de-sac street that outlets onto another cul-de-sac street without including the other cul-de-sac street in the cul-de-sac street length measurement applied by the City Council. These two examples are as follows: 1. Fairway Villas. The first example is the Fairway Villas plat (concerning the same site as the Hazel Place Villas application), in which the City Council included in the cul-de-sac street length measurement only the new street created by the proposed Fairway Villas plat. It did not include any part of the existing Hazel Street cul-de-sac (as the City Council proposes to do now with respect to the proposed Hazel Place Villas plat). We adopt by reference the record of the Fairway Villas plat approval as part of the record of the Hazel Place Villas plat. We also enclose for your convenient reference the City Council's resolution approving the Fairway Villas final plat, the City staff report for the Fairway Villas application, and several examples of the Fairway Villas plat map that were reviewed by the City Council in approving the plat. All of these documents clearly show that the City Council measured the cul-de-sac street within the Fairway Villas plat without adding to the measurement of cul-de-sac street length any part of the pre-existing Hazel Street cul-de-sac. 2. Settlors' Glen 5th Addition. A second example is the Settlors' Glen 5th Addition plat approved on January 6, 2004, in which the City Council approved (without requiring a variance) a cul-de-sac street that outlets onto another cult -de -sac street. We enclose a copy of the plat map for Settlors' Glen 5th Addition along with the City Council resolution of approval and the report of the City planning staff. We ask that these documents and any I Fairway Development reserves the right to supplement the record, if necessary, based on the inadequacy of the documents produced by the City in response to Fairway Development's Data Practices Act request and the insufficiency of the time available to review those documents. 2 There may be other examples in addition to the two examples noted above, but Fairway Development simply does not have the time or the knowledge to locate additional examples in the voluminous files maintained by the City and made available to Fairway Development only yesterday. 179851,doc Mayor and City Council City of Stillwater September 15, 2015 Page 3 others relating to the Settlors' Glen 5th Addition plat approval be made a part of the record for the Hazel Place Villas application. We note that the staff report states that "access to the lots is provided of Morgan Avenue North [the existing cul-de-sac]." We further note that the City Council voted to approve this plat without requiring or approving a variance application from the applicant. We also note that the combined length of the cul-de-sac street approved as part of the Settlors' Glen 5th Addition plat and the existing Morgan Avenue North cul-de- sac appears to be well over 1000 feet. Fairway Development also encloses certain documents and related a -mails that were submitted by Humphrey Engineering prior to the September 1, 2015 City Council meeting but do not appear in the record of the Hazel Place Villas application that has been provided to us by the City staff. We submit these documents again to confirm that they are part of the record before the City Council. Finally, Fairway Development has reviewed the draft resolution of denial of the Hazel Place Villas preliminary plat application and the proposed findings of fact stated in that draft resolution. Fairway Development objects to the draft resolution and to the proposed findings on the basis that they do not accurately reflect the record before the City Council or the requirements of the City's ordinances. Please call us at 612.344.1111 if you have any further questions. Very truly yours, Bruce D. Malkerson Patrick B. Steinhoff BDMJPBS:ts Enclosures cc: David Magnuson, City Attorney Tom McCarty, City Administrator Bill Turnblad, Community Development Director Sterling Black Len Pratt Roger Humphrey 179851.doc MALKERSON GUNN MARTIN i_l.r 1900 U.S. 6ANK PLAZA SOUTH TOWER 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612-344- I 1 1 1 FACSIMILE 612.344- 1 41 4 Patrick B. Steinhoff, Esq. Direct Dial No. 612.455.6601 pbs@ingmlip.com ingmlip.com September 8, 2015 City of Stillwater Attn: City Administrator City of Stillwater 216 North 4th Street Stillwater, MN 55082 RE: DATA PRACTICES ACT REQUEST, Minn. Stat. § 13.01 et, seq. Hazel Place Villas Development Our File No, 2945.001 Dear City Administrator: This firm represents Fairway Development, LLC ("Fairway Development"), the owner and developer of Hazel Place Villas. Pursuant to the Minnesota Government Data Practices Act ("Act"), Minn. Stat. § 13.01 et. seq., I hereby request from the City of Stillwater ("City") that the following described Govermnent Data be made available for inspection and copying no later than September 11, 2015. It appears that you are the appropriate person to whom to direct this request. I will assume that you have the authority to accept this on behalf of the City unless you advise me otherwise. If you do not have the authority to accept this on behalf of the City, please provide me with the appropriate public access procedures and the designated officer for the City pursuant to Minn. Stat. § 13.01, et al. The "instructions and definitions" listed below are incorporated herein by reference. REQUESTED DATA 1. All meeting minutes, audio tapes, audio files, video tapes or video files of the regular meeting of the Stillwater City Council on September 1, 2015. 2. All documents relating to the application for and approval ofrezoning, comprehensive plan amendment, variances and preliminary plat approval for the FAIRWAY VILLAS development, the preliminary plat for which was approved by the City by Resolution 2007-155. 178473,DOC City of Stillwater DATA PRACTICES ACT REQUEST, Minn.Stat. § 13.01 et.seq. September 8, 2015 Page 2 3. All documents relating to any application for a variance for cul-de-sac length previously considered by the City, regardless of whether the application was approved or not approved. 4. All reports prepared by any member of the City staff concerning any application for preliminary or final plat approval for any plat within the City of Stillwater containing a cul-de-sac. 5. All documents prepared by the City staff, including the City Attorney, concerning the meaning of the definition of the term "Cul-de-sac" set forth in City Subdivision Ordinance § 32-1, subd. 3. 6. All notes taken by any member of the City Council, City Planning Commission or City staff concerning the Hazel Place Villas application submitted to the City by Fairway Development. 7. All electronic mail messages exchanged between or among any of the members ofthe City Council, including electronic mail messages sent or received from private electronic mail accounts, concerning the Hazel Place Villas application submitted to the City by Fairway Development. 8. All electronic mail messages exchanged between or among any ofthe members of the City staff, including electronic mail messages sent or received from private electronic mail accounts, concerning the Hazel Place Villas application submitted to the City by Fairway Development. 9. All electronic mail messages exchanged between any member of the City Council and any member of the City staff, including electronic mail messages sent or received from private electronic mail accounts, concerning the Hazel Place Villas application submitted to the City by Fairway Development. 10. All electronic mail messages exchanged between any of the members of the City Council and any member of the public, including electronic mail messages sent or received from private electronic mail accounts, concerning the Hazel Place Villas application submitted to the City by Fairway Development. INSTRUCTIONS AND DEFINITIONS As used herein: 178473.DOC City of Stillwater DATA PRACTICES ACT REQUEST, Minn.Stat. § 13.01 et.seq. September 8, 2015 Page 3 1. The term "Document" refers to all types of records or graphic information, however produced or reproduced, that is or has been in City's possession, control, or custody, including without limitation reports, memos, letters, plans, sketches, handwritten notes, phone records, appraisals, contracts, drafts, operating statements, profit and loss statements, balance sheets, financial statements, procedures and policy manuals, listings and itemizations of inventories, correspondence, inter- and intra-company communications, tapes, stenographic or handwritten notes, studies, publications, books, pamphlets, prospectuses, certificates, receipts, pictures, film, records, voice recordings, plans, maps, graphs, advertisements, reports, surveys, drawings, sketches, electronic data filing films, minutes or statistical compilations, other data and compilations from which information can be obtained or translated into reasonably usable form, and each and every copy of such document where the original is not in your possession, custody or control or control. "Document" also refers to all electronic mail and information compiled, contained, recorded, or saved on any network, computer systems, and/or hard drives in your possession, custody or control. Such documents bearing any mark or marginalia on any sheet or part thereof, such as initials, stamps, indices, comments or notations of any character which are not a part of signed text or photographic reproduction thereof, is to be considered as a separate document. 2. The term "City" means any and all of its staff, members, employees, officials and agents. 3. The term "Describe" means to state with particularity each date, fact, event, and occurrence which is connected with or relates to the factual situation in each interrogatory or document request set forth below, to identify each Document and to identify each individual who can testify as to such stated dates, facts, events, occurrences, and documents of said discovery. 4. The terms "Reflecting," "Relating to" and "Referring to" shall mean, directly or indirectly, mentioning, describing, pertaining to, consisting of, evidencing, commenting on, or being in any way legal, logical, or factually connected with the subject matter. We request the documents be produced and made available for inspection or transmitted by the most economic means possible, including electronic document transmission in PDF or Word format to my e-mail address above. We further request that documents be made available for inspection and copying no later than September 11, 2015. If copies are reproduced, please provide an estimate of the cost of reproduction. Our office will be responsible for reimbursement of costs to the City. 118473.i)oc City of Stillwater DATA PRACTICES ACT REQUEST, Minn.Stat. § 13.01 et.seq. September 8, 2015 Page 4 CLAIMS OF PRIVILEGE If you claim that any of the Government Data requested is privileged, not public data (as defined by Minn. Stat. § 13.02, Subd. 8(a), nonpublic data (as defined by Minn. Stat. § 13.02, Subd. 9) or otherwise not subject to disclosure please state the basis for withholding the Governmental Data, the date, author(s), and recipient(s) of the withheld Governmental Data and the subject of the withheld Governmental Data. C\ 'ry truly yours, Patrick B. Steinhoff PBS/ts c: Sterling Black Bill Turnblad, City Development Director David Magnuson, City Attorney Bruce D. Malkerson, Esq. Len Pratt I78473.DOC RESOLUTION NO. 2007- A RESOLUTION APPROVING THE FINAL PLAT AND BEYEVELOPMENT AGREEMENT FOR FAIRWAY VILLAS CASE NO. 07-32 WHEREAS, Bob Clark of MBM Development made application for approval of the final plat known as FAIRWAY VILLAS, a 20 unit twinhome plat; and WHEREAS, on April 3, 2007 the City Council held a public hearing to consider the preliminary plat and related requests for FAIRWAY VILLAS; and WHEREAS, on April 3, 2007 the City Council approved the preliminary plat and related requests for FAIRWAY VILLAS pursuant to Resolution No. 2007-86; and WHEREAS, the final plat of FAIRWAY VILLAS is consistent with the approved preliminary plat and plans. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the final plat of and Development Agreement for FAIRWAY VILLAS with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: a. Tree Removal Plan (C1.4) dated 12/15/06 b. Site Plan (C2.0) dated 5/22/07 c. Utility Plan (C2.1) dated 12/15/06 d. Grading Plan (C2.2) dated 12/15/06 e. Erosion Control Plan (C2.3) dated 12/15/06 f. Sanitary & Watermain (C4.1-3) dated 5/22/07 g. Street & Stormsewer (C5.1-3) dated 5/22/07 h. Planting Plan (L1.1 3) dated 5/21/07 2. The final civil engineering plans shall be reviewed by and found satisfactory to the City Engineer prior to commencing any grading on the property. 3. Outlot C shall be owned and maintained by the Fairway Villas home owner's association. 4. A license agreement drafted by the City Attorney between the City and the developer shall be entered into to allow the new cul-de-sac to be located partially on the City's open space lot immediately east of the project. This license agreement shall be fully executed prior to release of the final plat from City Offices. 5. A park dedication fee of $28,500 shall be submitted to the City prior to release of the final plat from City Offices. 6. A trail fee of $9,500 shall be submitted to the City prior to release of the final plat from City Offices. FAIRWAY VILLAS Final Plat Resolution Page 2 of 2 7. A trail easement in a form and with content found acceptable to the City Attorney shall be executed and submitted to the City prior to release of the final plat for filing with the County. As recommended by the Park & Recreation Board, the easement shall provide a pedestrian connection between the future trail along the north of the development site and the sidewalk along the local road proposed to be constructed on the development site. 8. All electrical and communications utility lines shall be buried. 9. The sanitary sewer and municipal water fees associated with the "North Hill Project", in an amount established by the City Council, shall be submitted to the City prior to release of the final plat from City Offices. 10. Outlots A, B and C shall be owned and maintained by the home owners' association for FAIRWAY VILLAS. In addition, the landscaping within the right-of-way of the public street shall be maintained by the home owners' association. Consequently, prior to release of the plat for FAIRWAY VILLAS, a copy of fully executed home owners' association documentation shall be submitted to the City Attorney and found acceptable to him both in form and content. 11. To discourage parking on Hazel Street, additional "nose -in" parking shall be provided on Outlot C. 12. To minimize street lighting to be consistent with the existing Hazel Street neighborhood, the street lights located with the cul-de-sac island shall be removed and lighting at the intersection with Hazel Street shall be minimal. 13. The exterior architectural detailing of the 20 twinhome units shall be substantially similar to that presented with the preliminary plat application materials dated December 15, 2006. Enacted by the City Council of the City of Stillwater, Minnesota this 21 st day of August, 2007. CITY OF STILLWATER Wally Milbrandt, Vice Mayor ATTEST: Diane F. Ward, Clerk ti11water THE BJATHP LA,; ( Oi MiNNCIO t o Planning Report DATE: March 28, 2007 APPLICANT: Bob Clark, MBM Development LANDOWNER: Mary Ann Sandeen CASE NO.: 07-02 REQUEST: 1) Rezoning from RA, Single Family to RB, Two Family Residential 2) Comprehensive Plan amendment changing future land use map from SFLL, Single Family Large Lot to SFSL, Single Family Small Lot 3) Preliminary Plat for 24 Twinhomes (12 buildings; 2 units each) 4) Variance from cul-de-sac length standard [On appeal from Planning Commission denial of 1/8/07) LOCATION: 1902 N. William Street COMPREHENSIVE PLAN: SFLL, Single Family Large Lot ZONING: RA, Single Family Residential REVIEWERS: Public Works Director, City Planner, Deputy Fire Chief, Police Department PREPARED BY: Bill Turnblad, Community Development Direct o BACKGROUND Bob Clark of Lynskey & Clark and MBM Development has submitted a preliminary plan for a twinhorne development referred to as FAIRWAY VILLAS. The property is currently owned by Mary Ann Sandeen and is located at the far west end of Hazel Street next to the Stillwater Country Club. The proposal is to develop an enclave of 24 twinhomes within a well landscaped setting. The enclave would include two private outlots that combine stormwater treatment with walking paths and other amenities. Both pedestrian and vehicular traffic are accommodated on a unique local road that incorporates a one way loop around a generously sized, irregularly shaped landscape island. Both the City Council and the Planning Commission discussed a concept plan for this development last fall. The twinhome housing type was considered acceptable by a majority of the council members and planning commissioners. Though, concern was expressed about the proposed number of units. Fairway Villas March 28, 2007 Page 2 Subsequent to the concept plan discussions, the developer proceeded with the preliminary plat application. In response to concerns expressed about the total number of units in the concept plan, the developer has reduced the number of units in from 26 to 24. SPECIFIC REQUEST In order to develop the property as proposed, the developer has requested approval of the following: 1. Rezoning of the property from RA, Single Family Residential to RB, Two Family Residential 2. Comprehensive Plan future land use map amendment changing the guided use of the property from SFLL, Single Family Large Lot to SFSL, Single Family Small Lot. 3. Preliminary Plat for 24 twinhomes (12 buildings; 2 units each) 4. Variance to allow the cul-de-sac to have a length of 690 feet, whereas 600 feet is the standard maximum length. The Planning Commission denied the variance request on a vote of 5-3 at the January 8, 2007 commission meeting. The developer filed an application appealing the commission decision to the City Council. STATUTORY REVIEW DEADLINE: The statutory deadline for City Council action on this application is April 14, 2007. Since the next City Council meeting is not until April 17, action will need to be taken at the April 3 meeting? EVALUATION OF REQUEST I. REZONING & COMP PLAN LAND USE MAP AMENDMENT Rezoning The property is currently zoned RA, Single Family Residential. To develop the property as requested would require a rezoning to RB, Two Family Residential. When rezonings are requested, the two primary review standards that are generally applied are: 1) is the rezoning consistent with the Comprehensive Plan, and 2) is it compatible with the surrounding neighborhood? Comprehensive Plan Consistency - The comp plan envisions residential use of the subject property. Consequently, when the North Hill utility project was completed several years ago, the utilities were sized to accommodate residential development of the Sandeen property. Whether the residential use consists of single family homes or two- family homes, the infrastructure in place would adequately support the proposed number of homes. However, the future land use map guides development of the site as Single Family Large Lot (SELL) properties. As such, the proposed RB zoning and twinhome properties would not be consistent with the Comprehensive Plan's future land use map. Therefore, an amendment to the Comprehensive Plan's future land use map has been requested. It is reviewed below. ' Unless the developer agrees at the 4/3/07 meeting (preferably in a written format) to an extension of the review deadline to a date that would allow for an additional Council meeting. Fairway Villas March 28, 2007 Page 3 Neighborhood compatibility - The key question for the rezoning request is whether the 24 proposed twinhomes are compatible with the surrounding neighborhood. The property to the north, west and south are open space in the form of a golf course and Brown's Creek valley. The neighborhood to the east is an RA zoned single family neighborhood. • The heavily wooded slopes leading down to Brown's Creek from the site effectively screen any potential views of the development from the creek valley. So, the primary concern regarding the property's proximity to Brown's Creek may be that of stormwater treatment. Development of the property will require careful consideration in this regard, whether it is developed as single-family or twinhome Iots. Moreover, the proposed stormwater treatment plan is designed to meet or exceed the standards of Brown's Creek Watershed District. In short, the residential development would be compatible with the environmental needs of Brown's Creek. • Would a twinhome project be compatible with the neighboring golf course? As zoned, a single family neighborhood would be allowed on the property and would by default therefore be considered compatible with the golf course. Would the change from single family to twinhome make the project incompatible with the golf course? Probably not, since both single family homes and twinhomes are fairly common and popular -along golf courses. Though, depending upon the location of fairways and greens, errant golf shots can become an irritant to owners when their homes take hits. In the main, it is pretty difficult to argue that twinhomes and fairways are incompatible land uses. • Would the 24 twinhomes be compatible with the single family neighborhood to the east? o Pages 17, and 19-20 of the attached developer's application package address this question and make the following points: 1. The average daily trips of 18 single family homes2 would be 173. The average daily trips of the 24 twinhomes would be 142. So in terms of traffic, the twinhomes would have less of an impact on the existing neighborhood. 2. The proposed twinhome buildings would have a lower profile than single family homes that could be built on the property. The proposed twinhomes would be single story walkouts. Single family homes would be two story walkouts. 3. The demographic profile of a single family homeowner includes more children than the owner of a twinhome. o The twinhomes would arguably have less of an impact on the existing neighborhood than single family homes would. However, whether the rezoning can be considered "compatible" is largely a subjective question that needs to be discussed and answered by the City Council. Comprehensive Plan Amendment The RA zoned properties in the City are included within the SFLL (Single Family Large Lot) designated areas of the Comprehensive Plan's future land use map. The City's RB zoned properties find themselves in the SFSL (Single Family Small Lot) areas of the future land use map. 2 The approximate maximum number of homes the property could support is developed under the current RA zoning classification. Fairway Villas March 28, 2007 Page 4 If the land use map guiding is changed from SFLL to SFSL, the total number of units on the property could be increased from 18 to 26. The 26 units could either be twinhomes or single family homes on small lots. The developer is proposing 24 twinhomes. The six extra units proposed can be supported by the City's existing infrastructure. From a technical and physical point of view, the additional 6 units would not overburden any of the City's systems. Whether the increased density of 6 more units is appropriate is, as with the rezoning request, a fairly subjective question which needs to be discussed and answered by the City Council. A question has arisen regarding who has standing to apply for a Comprehensive Plan amendment. At the heart of the concern is whether an individual land owner or developer should be allowed to drive the City's land use policy, or if only the City should be allowed to do that. The short answer is that land owners and developers can make application for a Comprehensive Plan amendment, but the City Council sets policy by deciding whether to approve the request or not. Admittedly this is a reactive decision rather than a proactive one. The longer answer is that the City is proactive on most Comprehensive Plan policy decisions since it takes the lead on all updates and major amendments involving infrastructure systems, goals, implementation and land uses that apply to more than a single property or development. Only for individual properties is it common for land owners and developers to make application for an amendment. When this has occurred it has usually been just to change the guided use of the land. A few examples of this type of application include: many annexations, the Benson Farm development, the Nolde development, Jennings Bank, Liberty West, the Washington County office campus, and of course this development proposal. II. PRELIMINARY PLAT A. Minimum Dimensional Standards: RB District Standard Min. requirement Min.proposed Lot area 10,000 sf 14,064 sf Lot width* 75' 104' Lot depth** 100' 121' Lot coverage 25% building + 25% impervious Unknown Lot frontage on public road 35' 54' * Distance between side lot lines measured at right angles to lot depth at a point midway between front and rear lot lines ** Average distance between front and rear lot lines. The table compares the minimum standards for the RB zoning district with the minimum standards proposed for Fairway Villas. As can be seen, each minimum standard would be exceeded. The one unknown is the percentage of building coverage for each lot. The total building and impervious cover can be 50%of each lot. In no instance is that Fairway Villas March 28, 2007 Page 5 exceeded. However, on a few of the lots the building coverage appears to be very close to 25%. The actual coverage should be verified on each of the lots when the final plat application is submitted to the City. B. Civil Engineering The City Engineer has reviewed the preliminary plans and finds them to be satisfactory. Special attention was given by him to steep slope protection, stormwater runoff storage and treatment, and the proposed intersection with Hazel Street. A portion of the intersection of the new proposed public road with Hazel Street would lie on City open space property that is currently used for public works nursery stock. Therefore, a license will be necessary for that encroachment. Since the city property is part of the open space system, the Park & Recreation Board considered the issue and found the road encroachment to be satisfactory. The property is serviced by sewer and water trunks that were installed as pa the North Hill Project. Reimbursement for City costs of that project will be necessary. C. Tree Preservation 0 In general, grading and vegetation removal will not occur on any of the protected slopes (>24% over a 50 foot run). Moreover, the trees on the site that are within the grading limits tend to be volunteer and softwood deciduous growth. The higher quality hardwood trees on the site are located on the protected slopes and will be preserved. A tree inventory, tree removal and tree protection plans have been submitted. A" landscaping plan has also been submitted. All of these plans have been reviewed by the City Engineer and City Forester, who consider them basically satisfactory. Though, the City Forester would like to see a mix of more disease resistant nursery stock presented with the final plat application materials. D. Park and Trail Dedication The Comprehensive Plan's park element shows no planned park on the property. Therefore, the Park Board recommends cash dedication in lieu of land. As seen in the attached map, the master trail plan shows trail segments in the immediate vicinity of the property. One potential future trail segment follows the Minnesota Zephyr railroad on the north side of the property. The other is a potential trail that generally follows Poplar Street from 2nd Street along the Stillwater Country Club golf course to the Brown's Creek bluffline. This trail segment never traverses the steep slopes of Brown's Creek, rather it follows the upland side of the bluff to the Stonebridge Trail bridge, where it would join the existing trail along the county road. Fairway Villas March 28, 2007 Page 6 Typically the City would consider requiring an easement for one or both of the future trail segments. o For the railroad trail an easement does not seem necessary. If a trail is developed along the railroad tracks, the tracks would have to be removed and the current railroad bed would have to serve as the trail alignment. The other option would be for a trail to be built parallel to the Minnesota Zephyr railroad tracks. This option would require additional easement, and the Fairway Villas side of the track would be the most likely alignment. However, the DNR has estimated that a parallel trail would cost in excess of $15 million to construct. This is so expensive as not to be a reasonable option. As a practical matter, either the whole railroad line would have to be purchased for trail purposes or the trail would have to be located elsewhere, for example along Highway 96. In either case, no additional easement would be needed for this trail corridor from the subject property. o For the golf course segment, the Park & Recreation Board recommends securing a trail easement. They recognize that the trail can not traverse the golf course as shown in the master trail plan for several reasons: ■ Given the way the 13th hole is played, it does not seem likely that a trail can be built without sending users of the trail between the men's or women's tees and the green. Trail users would be right in the flight path of drives. • Even if there were some way to avoid the trail problems at the 13th hole, the remainder of the trail would be located on the bluffline directly parallel to the 14th fairway. Since errant shots are sent over this bluffline, it is not a good location for a public trail. (See attached map.) • Therefore, the Park & Recreation Board recommends an easement that would allow a stairway or switchback trail down the steep slope on the north side of the Sandeen property to the possible future railroad trail. The route of this pedestrian connection would be up the slope to the sidewalk along the street in Fairway Villas, to Hazel Street and then up the utility easement east of Fairway Villas to Poplar Street E. Landscaping The City Subdivision Code, Ch 32-1, Subd. 6(4) requires three trees per lot (not to be in the right-of-way). The proposed landscaping plan shows an average of five trees per lot. Though the numbers are satisfactory, the planting schedule includes species that may be susceptible to disease. The City Forester would like some of these species changed in the final plat application. F. Environmental Issues Wetlands - The property has no wetlands. Fairway Villas March 28, 2007 Page 7 Brown's Creek Shoreland Management • As seen in the attached shoreland management district map, a portion of the property is shown within the shoreland district of Brown's Creek. As long as no physical barriers intervene, the boundary of the creek's shoreland management district falls 300 feet from the creek. An argument could be made that the railroad embankment creates a physical barrier that would truncate the shoreland district. This is similar to the jurisdictional question discussed below for the Brown's Creek Watershed District. • All structures need to be set a minimum of 40 feet from the bluffline of the steep slopes in the shoreland district. Even if the shoreland district is not truncated by the railroad embankment, all structures meet this standard. The northern corner of the home on Lot 10 is just a bit over 40 feet from the bluffline. • In the shoreland district, no trees greater than 6" DBH can be removed within 40 feet of the bluffline. This standard is met, even if the shoreland district is truncated. Though an 8" Bigtooth Aspen sits right on the grading limit. Extra care will have to be taken to preserve this tree during grading. Slopes - No steep slopes on the property (including non-shoreland management district steep slopes) will be graded or built upon. Steep slopes are defined as slopes greater than 24% that have a horizontal run of at least 50 feet. BCWD - Brown's Creek Watershed District has regulatory jurisdiction over Brown's Creek and the slopes leading to the creek. Without a barrier that physically blocks the surface water flow toward the creek, or at least alters its flow, the Watershed District would prevent development of any 12% slope on the subject property. Since the railroad embankment just north of the property has the potential to act as a physical barrier, the developer retained a well respected land use attorney to research the physical barrier issue. Together with detailed survey crew work, it was determined by the developer's consultants that the railroad creates a physical barrier and truncates the watershed district's jurisdictional authority. Consequently, the watershed district's standard prohibition on disturbing 12% slopes would not apply to the site. The watershed district has not ruled out the possibility that the developer's consultants are. correct, In fact the district has acknowledged that the board has flexibility in this instance. in any event, the plans will need to be submitted to the watershed district by the developer for review. G. Miscellaneous Subdivision Issues Two open space outlots are proposed. They would be multiple use spaces for stormwater treatment and pedestrian use. These outlots would be owned and maintained by the home owner's association. In addition there will two landscaped street medians that will be maintained by the HOA. Fairway Villas * March 28, 2007 Page 8 III. VARIANCE City Code Section 32, Subd. 6(3)1 states that a permanent cul-de-sac may not exceed 600 feet in length. The proposed cul-de-sac is 690 feet long. • The location and situation of the property creates a set of circumstances that prevents the entire buildable portion of the property from being serviced by a 600 foot long cul-de-sac. This set of circumstances is not a result of any action taken by the current or former owners of the property. • One of the principle reasons for establishing a maximum cul-de-sac length is related to public safety. In general, the longer a dead end street is, the greater the chances are that something could block access to homes for emergency or other vehicles. In this specific case, the cul-de-sac design takes this into account. At about 460 feet from Hazel Street the cul-de-sac is split and looped for one way traffic. Between the lanes are 20 to 30 feet of landscaped island area. In an emergency traffic would likely not be blocked on both sides of the loop. • In many subdivisions, the road would be built to the far edge of the property and a temporary cul-de-sac would be created. There is no limit on the length of a temporary cul-de-sac. In theory the road would be continued when the abutting property developed. However, in this case, the abutting property is a golf course, so it does not make sense to build the temporary cul-de-sac. • Cul-de-sacs along fairways in Stillwater are not uncommon. The open space corridors created by fairways create barriers that do not accommodate through streets. As a consequence, cul-de-sacs are sometimes rather long around golf courses. Cul-de-sacs around the Oak Glen fairways that are longer than 600 feet include: Van Tassel Drive (1,030 feet), McKusick Road Court (970 feet), Heifort Court (690 feet), Towne Circle (720 feet), and Johnson Drive (1,030 feet). Staff finds that the dead end street design proposed for Fairway Villas addresses the public safety concerns associated with longer cul-de-sacs. Moreover, we do not believe that building a temporary cul-de-sac to accommodate future development of the golf course is merited. Therefore, we find the variance request to be reasonable. IV. MISCELLANEOUS The developers made application for a demolition permit to remove the farm house and accessory structures that are on the property. The Heritage Preservation Commission approved the demolition permit at their meeting on February 5, 2007. ALTERNATIVES A. Approve If the City Council finds the proposal to be satisfactory, it could approve it with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: Fairway Villas March 28, 2007 Page 9 • Preliminary Plat • Preliminary Grading & Erosion Control Plan • Preliminary Utility Plan • Preliminary Tree Protection Plan • Preliminary Planting Plan dated 12/15/06 2. The rezoning and Comprehensive Plan amendment necessary for development of the subject property shall not become effective until the applicant receives Final Plat approval from the City Council. 3. If the Metropolitan Council requires any significant modifications to the Comprehensive Plan amendment as proposed, then the Comprehensive Plan amendment and Preliminary Plat shall be reconsidered by the City. 4. The landscaping and reforestation planting schedule submitted with the final plat application materials shall address the City Forester's concerns about disease resistant species. 5. The developer shall submit the preliminary plans to the Brown's Creek Watershed District for review and comment. Any such comments that the City Engineer finds necessary to include in the final plan set shall be included in the final plat application package. 6. A license agreement drafted by the City Attorney between the City and the developer shall be entered into to allow the new cul-de-sac to be located partially on the City's open space lot immediately east of the project. 7. A park dedication fee of $1,500 for each twinhome unit shall be submitted to the City prior to release of the final plat for filing with the County. 8. A trail fee of $500 for each twinhome unity shall be submitted to the City prior to release of the final plat for filing with the County. 9. A trail easement in a form and with content found acceptable to the City Attorney shall be executed and submitted to the City prior to release of the final plat fox filing with the County. The easement shall provide a pedestrian connection between the future railroad trail and the sidewalk along the local road proposed to be constructed within the Fairway Villas subdivision. The alignment of the easement shall be reviewed at the time of final plat application and found acceptable to the Park & Recreation Board and the City Council. 10. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 11. Together with the final plat application materials, the developer shall submit verification that none of the lots will exceed a 25% building coverage. 12. Prior to release of the final plat, the developer shall satisfy the requirement for payment of City costs associated with the North Hill sewer and water project. Details of this payment shall be included in the development agreement. 13. Outlots A and B shall be owned and maintained by the home owners association. Consequently, pertinent home owner's association documentation shall be submitted together with the final plat application package. B. Table Since the statutory deadline for City Council action on this application is April 14, 2007, the Council must take action on the application at the April 3rd meeting. Only if the developer agrees to an extension of the review deadline could the Council table action on the development proposal. dated 12/5/06 dated 12/15/06 dated 12/15/06 dated 12/15/06 Fairway Villas March 28, 2007 Page 10 C. Deny If the City Council does not find the rezoning, comprehensive plan amendment, variance and/or the preliminary plat to be satisfactory, it could deny the requests with or without prejudice. If a denial without prejudice is decided upon, a redesigned project could be submitted without the need to wait for a year. With a denial, the basis of the recommendation should be given. RECOMMENDATIONS Planning Commission The Planning Commission denied the cul-de-sac length variance on a 5-3 vote. With the same vote the commission recommended denial of the Comprehensive Plan amendment, the rezoning and the preliminary plat. Park & Recreation Commission The Park & Recreation Commission unanimously recommended: • Cash dedication fee of $1,500 per twinhome unit in lieu of park land dedication • Cash dedication of $500 per twinhome unit in lieu of trail construction • Dedication of an easement for a future trail connection down the north slopes of the site to the future trail which may be constructed on the current Minnesota Zephyr railroad bed • Support of the use of a small corner of the City's open space lot to the east by the developer for construction of a public road for Fairway Villas. • Heritage Preservation Commission Approved the demolition permit necessary to remove the farmhouse and accessory buildings from the property. Staff The proposed project is technically sound. If the City Council finds that the proposed rezoning and comprehensive plan amendment are compatible with the neighborhood, then staff would recommend approval of the project with the conditions found in Alternative A. cc Bob Clark Marc Putnam Attachments: Zoning Map Shoreland Overlay District Map Comp Plan Map Master Trail Plan map Development Plans Letter of appeal Testimony letters Parks Board minutes Planning Commission minutes ..111/0415i rAIKWAY V1L.E.A5 iritovr.mr_NT5 ,f11.00.1t3C. uwer_iarA r.1JMNAKY LAT ey & Clerk C PO !MX 110 601.17111404 STLLWATCR, We 2003 99 CPC Request: Settlers Glen Sth Addition Comments: Council People US Homes, Applicant Date Action Vote Planning HPC CC Park Board Joint Board Address GeoParcel Planning Files 00. Memo To: Mayor and City Council From: Steve Russell, Community Development Director Date: December 31, 2003 Subject: Settlers Glen 5th Addition Background. The preliminary plat for Settlers Glen was approved by the City Council on July 11, 2000. The fifth addition contains 11 lots. Access to the lots is provided off of Morgan Avenue North. The 11 lots are separated from the main Settlers Glen development area by Spring Creek. Services to the addition were extended as a part of the 3rd addition improvements. No parks are located in the area, although a potion of the- Brown's- Creek trail- is located -along the west boarder of the site. A condition of approval requires that the Browns' Creek natural trail system for this addition and other additions be installed as a part of the -public improvements for this phase of development. This will allows the trails to be installed before the new residents occupy the lots. The proposed development improvements and drainage plans have been reviewed by the public works department. Recommendation: Approval. Conditions of Approval: 1. All Settlers Glen Brown's Creek patural trails shall be installed before building permits are issued for the 5th addition lots. 2. The final subdivision shall be reviewed by the City Engineer before recording. 3. A developers agreement shall be prepared, approved and agreed to before final subdivision recording. 4. The City Forester shall review the grading plan for protection of Oak trees before site grading begins. Attachments: Application and plans. RESOLUTION 2004-11 APPROVING FINAL PLAT FOR SETTLER'S GLEN 5TH ADDITION WHEREAS, the proposed final plat request is consistent with the preliminary plat and subdivision plan. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota, hereby approves the request for final plat for Settler's Glen 5th Addition with the following conditions: 1. All Settlers Glen Brown's Creek natural trails shall be installed before building permits are issued for the 5th addition lots. 2. The final subdivision shall be reviewed by the City Engineer before recording. 3. A developers agreement shall be prepared, approved and agreed to before final subdivision recording. 4. The City Forester shall review the grading plan for protection of Oak trees before site grading begins. Adopted by Council this 6th day of January 2004. Attest: Diane F. Ward, City Clerk SETTLERS GLEN 5TH ADDITION r r r d 6 .. a.. Lam. . L _ L_ , OUTLOT A B6. rar f--Maas`— b.w1¢, PMT.TO... OW ,(P aaA<I. !t !f a' 6 j l�R 1y3 5 le rit a w 3 171,37 Na9ti0$0'IY r n .4" 2 *0I I . . a.TTir I .7Yf19 R- �.+Lwlatb j 63.91 NE9.10b0'W 6.6 .. 26 A.22'16'2 aaalvx QMaO?00 L B AVENUE NORTH \1 n� 01 ac' 26 part 2. •7 Al I ii ''i}-3 1 to 2 II'� 1 2.. 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Y..N Ott SAOAYJY Mn901 Gbo MIL MAY WILT t 4 Cioiga 800 *00 CCo0Nw.Kr O09 0. v011 e• M�I0T0 V .C>PI 1.4.1E 9 VtCINJTY MAP NORTH 110 roar*tt.;.r. r .. N tM WW jf Ow qM Z.41rr� Pent.. c..N�s: Lvh_...ur tit i �s_ . COPorteY Am.e NO, o,O, + '-MN oPo Thompson Lend Development I MOM Settlers Glen Slh Addition mow WI IGraft Plan src riWe Gam'—TF0 170 340 it I Created on 9115f2015 680 Feet MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT This drawing Is the result of the oompilabon and reproduction of land records as they appear in various Washington County offices. The drawing should be used for reference purposes only. WashfngbnCounty Is not responsible forany inaccu racies. 08/00/2003 4. 182•1 FPA :27 4308810 (1) APPLICANT Name: Company: Address: Telephone: CITY OF STILLWATER PAGE 02 • STILLWATER CODS FINAL PLAT APPLICATION FEE ltioo PAID Gi"-e®IR- 4i- 3 ol#4,z_. tti.rf(41,10 4. ..,z City: i 0.TA AVate: IA-tJ 9sc�2'iq-71o1» (FAX/(fg013.74ai (ji) (2) PROPERTY FEE OWNER Name: Company: Address: Zip Code; .53 2, j„ City; State: Telephone: (W) (FAX) (H) Zip Code;. (9) SURVEYOR y, r� Name: Mkt. . �ip� � s i" r a. „Ak 1-o o s ►'1X ar. �a Company: Address: / `J C O 7-3 Ave - City: ptr.„...14- Mate: wiry) Telephone: (W)(FAX) (II) 64hots 601)irti,1632.R- (4) Property location: f`1� rya A w�� dr &,.A. a�e 444- Legal description: (5) Name of development: Number of lots; Current land use: Proposed land use: Current toning; Proposed Boning: o,•> ScJ 1/+4_,SGa4•j U 5r•tT 1 wf ra 1 1 .5 4 !• ,gdeti to. 1 1► Coo+. JC,,. Wt4.- P,ret't-"AA Pita Anticipated prrdect completion: A s2s-is-% °.'i (6) SUBMITTAL REQUIREMENTS: (Five copies and one reduced 8Va inches x 11 inches) Final plat (F) ✓ Electronic FP Format Tree preservation and landscaping plan (TLP) ✓ Street and utility plan (SUP) Grading, drainage, stormwater and wetlands plan (ODSWP) Other information (OI) ✓ 8Yr-inch x 11-inch transparency Zip •Code; S Sti q7 CD32:38 08/08/2003 10:27 4303810 CITY cF STILLWATER PAGE 03 • • SUBDIVISION CODE OF TEE err/ QE STILLWATER 82-1 82Is-inch x 11•inch transparency I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete end accurate per city requirements. I understand that the application will be processed when it had been found to be complete and adequate by the community development director. Property fee owner(s) aignature(e)• Applicant(a) signature(s);, Date; I 011,1 0 3 PLEASE NOTE: If property fee owner Is not the applicant, the applicent must provide written authorization by property fee owner in order to make application. CD32:87 SETTLERS GLEN 5TH ADDITION A.ez z� • , n a n.xi�e � OAN AVENUE NORTH' np.va tat4,4-C SCA; t; • MnpKS iCT, i(7 TmT a. I. MN A't A C ;aR +tRPx#Yd 4.: WM HRl£ Wii 0,45 rot d AfAM) Of ac GG+C AS tom mow 44 VAR 41,-110.1 CAW MRVT. • ot•o ,' ipa,{ Ir MN b. >s a«'h :RO\ dnz RA+•%!C SN•.40:41. RRS Cn9let v4M.: 7TWMt6. WCer F.".tA"i ! !t{t n FMNN, AiESS Oryn.ItwK L'I�KAICO, sCp 4*M04 LOT VW, APR) Fa frt.,.n >AOM km CV.. C44, St NG:AtTO, nA,M+-Ot-.• },M;L AM a4 A4 1O1 Owe)", AS von). msi S•L-: ZtI VICINITY MAP sec t+.T.inKTt,lp v% PObtNRfC �.i SOTTO SCALE Mc -COMBS FRANK ROOS ASSOCIATES, INC. 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R TR 7, 30.211 L'e51 n g • I t .rr K - — — — J e rail aP Jv , J °"bi t 0e 1 r aT.aa 1- sr�' . 1 I 11IJ J JI I I l I S i . 1 �I 1 t l PI11, / 5 1,.. 112 4 f' 3 VA Iy 2 1 Is iI '----J' c----J L----1 `r__J -E ArIr AX# ) A srr1,111 1 t04,14441 G'� N.9s 15ti 'a00a </ �e �\ ng OWCNT 1W1 00 RES OCAAR,C 51S110 O ASSUMED 30200(C AMO TMM, CASE0EM1S ARC 9100W T0000 II s -I- I I _: Ca--Lo MIMO S au 0 M101M, UNLESS 003300335E INDICATIO. AMO A0200.0 LOT WEA Ar0 10 MI AI MATH, MESS OOKRWSC IRSCA13O; A0D AOAYANC OA,T-a-WAT LIMES .O REAR LOT. UMES. AS SHOWY at M ALAI. VICINITY MAP SEC. 59,7.S0N.1.20 W CO, AM 110 SWAM= 30. M.) McCOMBS FRANK ROOS ASSOCIATES, INC. ENGINEERS AND LAND SURVEYORS SHEET 2 OF 2 SHEETS Patrick B. Steinhoff From: Bill Turnblad <bturnblad@ci.stillwater.mn.us> Sent: Wednesday, September 02, 2015 9:58 AM To: Roger Humphrey Subject: RE: Hazel Place villas responses to Roger, I didn't get this out to the CC last night. I was already in the 4:30 council session when your email came. Sorry about that. Bill From: Roger Humphrey [mailto:Roger@humphreyengineering.comj Sent: Tuesday, September 01, 2015 4:30 PM To: Bill Turnblad <bturnblad@ci.stillwater.mn.us> Cc: Ted Kozlowski <tkozlowski@ci.stillwater.mn.us>; Doug Menikheim<dmenikheim@cistillwater.mn.us>; David Junker <djunker@ci.stillwater.mn.us>; Tom Weidner <tweidner@ci.stillwater.mn.us>; Mike Polehna <mpolehna@ci.stillwater.mn.us>; sterling@lsblack.com; Len Pratt <lepratt@pratthomes.com>; Bruce D. Malkerson <bdm@mgmllp.com> Subject: RE: Hazel Place villas responses to Please find a memo referencing Safety concerns on cul-de-sacs. Please cc council members before the meeting. Thank you Roger Roger L. humpkre j, rE,RL,5, AICr f'resicient Humphrey Engineering, Inc. From: Roger Humphrey Sent: Tuesday, September 01, 2015 3:40 PM To: 'Bill Turnblad' Cc: tkozlowski@ci.stillwater.mn.us';'dmenikheim@ci.stillwater.mn.us'; 'djunker@ci.stillwater.mn.us'; tweidner@ci.stillwater.mn.us'; 'mpolehna@ci.stillwater.mn.us; 'sterling@lsblack.com'; 'Len Pratt'; Bruce D. Malkerson (bdmc mgmllp.com) Subject: RE: Hazel Place villas responses to Bill, Please find the attached Letter pertaining to the Fairway Villas Project. See you tonight. Roger Roger L. humplire j, PT,KL5, ACCP President Humphrey Engineering, Inc. From: Roger Humphrey Sent: Monday, August 31, 2015 8:59 PM To: Bill Turnblad Cc tkozlowskii ci.stiliwater.mn.us, dmenikfieim@ci.stillwater.mn.us; djunker(dci.stillwater.mn.us, tweidner(ci, tillwater.mn.us, nL jhnaClci.stillwa„t-,er.mo.us, sterling(alsblack.com; Len Pratt; Bruce D. Malkerson (J dmt mgmlip.com) Subject: Hazel Place villas responses to I wanted to let you know that I delivered the attached packet to the council members this evening. I apologize for delivering this to their door steps. We have been working late reviewing relevant documents and obtaining input from others so I could fully respond to these comments. Again, any questions please feel free to contact me. Sincerely Roger Roger L. humpkrre9, PERL5, AICP President Humphrey Engineering, Inc. P.O. 948 Hudson, WI 54016 www humohret(engir erina.G 715.781.5162 Cell This electronic data Is transmitted for your convenience and is the sole property ofHumphrey Engineering, lnc.(HEI). By accepting delivery, the recipient agrees to indemnify, hold harmless, and defend HEI from all claims, damages, losses, and expenses whether actual, incidental and/or consequential resulting from the use of the riles and data There are no warranties, expressed or implied While all digital data may appear to be very accurate, the CAD files being transferred for your use may contain unintentional or deliberate inaccuracies (including but not limited to not -to -scale Information, which mayor may not be Identified as such). In using the CAD files, you assume responsibility for the correctness of all measurements, dimensions, inventories, areas, etc. extracted from these files. This electronic data is subject to change and updates are the responsibility of the recipient. HEI is not responsible for updating the disk or for compatibility with recipient's hardware and/or software. 2 Public safety on existing Hazel Street Public safety on existing Hazel Street. Numerous areas within the City of Stillwater have roadways which are longer than 600 feet, also narrower and carry much more traffic than Hazel Street. There are no reported problems concerning the length of those streets. 1. Hazel Street from this project easterly all the way to First Street is wider than many roads within the city. 2.Hazel Street has good visibility along with moderate to flat grades. There are no steep embankments that would prohibit emergency vehicles to just drive around and over the curb to clear an obstruction. It is only the short section of Hazel between 1st street and Hwy 95 that the road way narrows and is steep. 3. There are many existing Cul-de-sac residences on roads longer than 600 feet. We think all generally feel quite secure on a cul-de-sac versus a through road. If you want to stir up the community, propose to connect some of these long dead ends so they are through streets. 4. Home buyers have a preference for the quiet secure feeling they get from living on a cul-de-sac of any length. I have designed hundreds of subdivisions that have been developed within the 13 county Twin Cities Metro Area. Many of these included trying to tie into an existing cul-de-sac and making it a thru road. The cul-de-sac residences every time without exception overwhelmingly preferred their long cul-de-sac over a new connection. Whether it was planned or not. The longest of these was Casperson Drive in the Town of Hudson, WI which is over 3,700 lineal feet. 5. Insurance companies don't see a risk of long Cul-de-sacs. After speaking with several nearby Insurance companies they all stated to me that no additional risk standard applies to a homeowner's policy for a home on a Cul-de-sac, regardless of length. 6.The response time from the existing fire hall to this subdivision is much less than other parts of town. The department is well prepared to deal with most any circumstances. The short response time with a well-equipped department equals no apparent risk. This is further evidenced in the Fire Chief's Comments in the staff memo Dated August 28th 2015. 7. So where did the standard come from? I believe the 600 foot standard came into planning existence years ago when fire department hoses only reached about 600 feet in length and in some areas, watermains did not regularly extend into dead-end streets. There is an existing Hydrant at the intersection of Hazel and this development. Two additional Hydrants where added providing fire protection every 300 feet. 8. Hazel Street was reconstructed in 2004. It is 30.8 ft. wide, back to back of curb, between 5th street and this project. The City allows for an alternative design standard. This standard allows for 28 feet of width between the face of curb. Hazel Street is not a substandard roadway. 9. Numerous long cul-de-sac's exist in the City. There are no known instances where an incident occurred that caused a problem involving a short or long cul-de-sac. 10. In the case of this subdivision, alternative access from Poplar Street via the golf course maintenance facility can, in the most extreme event, allow access. There are paved surfaces less than 50 feet to this development. This along with numerous cart paths and fairways could provide a secondary emergency access in and out not only for this development but for the existing neighboring residences, which does not exist currently. RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO A SPECIAL USE PERMIT AND VARIANCE REQUESTS FOR AN INDOOR GUN RANGE TO BE LOCATED AT 2159 CURVE CREST BOULEVARD CASE NO 2015-15 BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Finding of Fact, Conclusions and Order related to the Special Use Permit and associated Variance requests for 2159 Curve Crest Boulevard, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the said Findings of Fact, Conclusions and Order. Adopted by the Stillwater City Council this 15th day of September, 2015. Ted Kozlowksi, Mayor ATTEST: Diane F. Ward, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER BEFORE THE CITY COUNCIL In Re: Paul Simonet on behalf of MN Shooting Academy Special Use Permit and Variance Request For 2159 Curve Crest Boulevard Case No. 2015-15 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened a Public Hearing for Case No. 2015-15 at 7:00 p.m. on August 18, 2015 at the Council Chambers in City Hall. The purpose of the Public Hearing was to consider a de novo appeal of the grant by the Planning Commission of a Special Use Permit and associated variances to operate an indoor gun range with retail sales, educational classrooms and indoor warehousing and storage at 2159 Curve Crest Boulevard. At this Public Hearing, the City Council considered the oral report of Bill Turnblad, Community Development Director; testimony and exhibits submitted by Paul Simonet and Mark Kamas, on behalf of MN Shooting Academy ("Applicant"); the Staff Report dated August 18, 2015 by Abbi Wittman, City Planner; Memorandum dated August 5, 2015 by City Attorney Magnuson, Minutes of the July 8, 2015 Planning Commission meeting; testimony of interested citizens including letters of appeal filed by two Stillwater citizens; and the Planning file prepared by City Staff for the Application, and the minute and staff reports related to the Planning Commission Public Hearing on July 8, 2015, NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. The property, located at 2159 Curve Crest Boulevard, Stillwater, Minnesota, is owned by Simonet Furniture and Carpet Company (`Company') who has actively marketed the property for sale. Paul T. Simonet is the Chief Executive Officer of the Company. 2. The property is zoned BP-0 (Business Park - Office) and currently houses furniture store, a retail use which obtained a Special Use Permit in 1995. 3. In the BP-0 Zoning District, Amusement and Recreational Establishments and indoor warehousing and storage was are allowed by Special Use Permit. While not listed as a Use Permitted by right or a Specially Permitted Use, educational classrooms uses may be granted by the City Council so long as they are of the same general character as those uses listed in City Code Section 31-325. Further, educational classrooms are of a similar use as Educational institutions, schools, uses also listed as permitted by Special Use Permit in the district. 4. The Applicant submitted a request for the City to approve a Special Use Permit and associated Variances for an indoor gun range and educational classrooms to be located wholly located within the structure on the property. 5. City Code Section 31-515.1, Amusement and recreational establishments in the BP-0 district, Subd. (1) indicates the establishment may occupy no more than 3,000 square feet. The Applicant submitted a request for the City to approve a 4,040 square foot Variance for a 7,040 square foot indoor gun range. 6. City Code Section 31-510, Off street parking and loading, Subd. (c), Number of parking spaces required, requires the Applicant to provide 84 additional parking spaces onsite. The Applicant submitted a request for the City to approve a 35 off-street parking stall Variance. 7. City Code Section 31-320, BP-O, business park office district, Subd. (c)(1), Minimum standards, requires no greater than 60% maximum (impervious) lot coverage may be allowed. The Applicant submitted a request for the City to approve a 19% maximum impervious lot coverage Variance. 8. The Planning Commission approval of the Special Use Permit for the indoor gun range and 4,040 square foot variance to the Amusement and Recreational Establishment standards. The Planning Commission could not establish practical difficulty for the parking stall and impervious surface coverage variances and denied the variances. 9. Within ten days of the Commission's decision, the City received two letters of appeal to the Planning Commission's decision. 10. At the City Council public hearing the Council heard public testimony. -2- 11. The need for a variance to the square footage limit on recreational use of the property is created by the proposed use of the property. 12. The applicant did not present credible evidence that the regulations related to parking requirements would present practical difficulties to the applicant. 13. The applicant did not present credible evidence that the impervious lot coverage regulations would present practical difficulties to the applicant. 14. The need for the variances would be created by the applicant since the property is now used as a commercial property and is in compliance with the parking lot, impervious surface coverage requirements. CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That based upon the findings, the proposed indoor gun range, educational class rooms, and retail use to meet the requirements of the City Code regarding Special Use Permits. 3. That based on the findings, the requested variances fail to meet the requirements set forth for establishment of practical difficulties. ORDER IT IS HEREBY ORDERED 1. That the request for a Special Use Permit to operate a 3,000 square foot indoor gun range is approve. 2. That the request for variances to the maximum square footage of an Amusement and Recreational Establishment, the off-street parking requirement, and the maximum impervious surface coverage variances are denied. 3 Adopted by a vote of the City Council this 15th day of September, 2015. ATTEST: Diane F. Ward, Clerk CITY OF STILLWATER Ted Kozlowski, Mayor EXHIBITS A. Staff report to the City County dated August 18, 2015 written by Abbi Jo Wittman, City Planner. B. Memorandum dated August 5, 2015 written by David T. Magnuson, City Attorney C. City Code Section 31-217, Appeals. D. Letter of Appeal written by Melissa Douglas. E. Letter of Appeal written by Ann Kochsiek. F. Applicant revised planset, submitted by MN Shooting Academy. G. Public comment letter written by Anne Siess. H. MPCA Noise Pollution Control Rules I. Minutes of the July 8, 2015 Planning Commission meeting. J. Staff report and attachments for the July 8, 2015 Planning Commission. K. Site Location Map. L. Original application submission as submitted by MN Shooting Academy. -4 LEGAL DESCRIPTION Lots 3-6, Block 1 Kern-Pauley Addition to the City of Stillwater MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: September 11, 2015 Subject: Lowell Park Landscaping DISCUSSION: A few months ago the City was approached by volunteer to design a tree plan for the north Lowell Park area and the newly constructed trail from Mulberry Street to Laurel Street. A plan was presented to Council (attached) in August that showed a four different types of trees in this area which include, 21 Red Buds along the trail, 10 Red Maples in the circle at the east of Mulberry, 4 Pin Oaks in Mulberry Point and 9 White Oaks in the park from Mulberry to Myrtle Street. In looking at the plan, staff decided to delete 4 of the maple trees in the circle, because it was thought that spacing was to close for these trees and to only plant 11 of the Red buds because of some utility work remaining Staff then received quotes from two vendors to furnish the trees which then would be planted by volunteers. The low quote for the trees was submitted by Bailey Nurseries, in the amount of $3956.90 and was presented to Council for approval at the last City Council meeting. In the following days, staff was asked to bring this item back to Council for further discussion. Since the meeting there have been a few comments on the plan regarding location and quantity of trees. The tree plan as presented can incorporate changes such as reducing the amount of trees, the type of tree and location at any time up until the trees are actually planted. In fact, tree locations will change due to the irrigation system, utility and electrical lines that exist in the park today. Also, an area resident through the Friends of Parks has inquired about donating $745 towards the tree planting project as a memorial to their spouse. It is proposed that trees would be planted the weekend of September 19th ACTION REQUIRED Council have a discussion on the project and provide some direction to staff on how to proceed and also to consider the donation of $745 towards the planting of the trees in the park. ®- AC ER RUE attvt UF>RUM - 4(Ra Me -Pie- - ® aiercu5 pal ..r*-- ( SwRM? cPK, ?IN o K) .. 4 O. Qcgs 3iCoIor(WkOk) q ISO RokbwA`{ C' V .,+ r • — Lcrcfs ca•,aclasss - R.1L Cv) Northwood Red Maple Acer rubrum 'Northwood' Height: 50 feet Spread: 40 feet Sunlight: p Hardiness Zone: 3 Other Names: Swamp Maple, Scarlet Maple Description: A very hardy selection of the popular red maple from northern Minnesota, this shapely shade tree features brilliant red fall color and showy red flowers along the branches in early spring; intolerant of alkaline soils Ornamental Features: Northwood Red Maple has green foliage which emerges red in spring. The lobed leaves turn an outstanding red in the fall. It features showy red flowers along the branches in early spring before the leaves. It produces red samaras in late spring. The furrowed silver bark and brick red branches add an interesting dimension to the landscape. Landscape Attributes: Northwood Red Maple is a deciduous tree with a shapely oval form. Its average texture blends into the landscape, but can be balanced by one or two finer or coarser trees or shrubs for an effective composition. This is a relatively low maintenance tree, and should only be pruned in summer after the leaves have fully developed, as it may 'bleed' sap if pruned in late winter or early spring. It has no significant negative characteristics. Northwood Red Maple is recommended for the following landscape applications; - Shade - Accent Plant Characteristics: Acer rubrum 'Northwood' in fall Photo courtesy of NetPS Plant Finder Acer rubrum Northwood' Photo courtesy of NetPS Plant Finder Northwood Red Maple will grow to be about 50 feet tall at maturity, with a spread of 40 feet. It has a high canopy with a typical clearance of 7 feet from the ground, and should not be planted underneath power lines. It grows at a medium rate, and under ideal conditions can be expected to live for 80 years or more. This tree should only be grown in full sunlight. It is quite adaptable, prefering to grow in average to wet conditions, and will even tolerate some standing water. It is not particular as to soil type, but has a definite preference for acidic soils, and is subject to chlorosis (yellowing) of the leaves in alkaline soils. It is somewhat tolerant of urban pollution. This is a selection of a native North American species. *Northern Strain Redbud Cercis canadensis 'Northern Strain' Height: 25 feet Spread: 30 feet Sunlight: p O Hardiness Zone: 4a Other Names: Minnesota Strain, Eastern Redbud Description: A spectacular and hardy spring bloomer, with very showy pink to purple flowers held tightly on bare branches in early spring; somewhat coarse heart -shaped leaves; a top choice small ornamental tree for specimen use in the northern landscape Ornamental Features: Northern Strain Redbud has rose pea -like flowers along the branches from early to mid spring, which emerge from distinctive fuchsia flower buds before the leaves. It has forest green foliage which emerges burgundy in spring. The heart -shaped leaves turn buttery yellow in fall. The fruit is not ornamentally significant. The rough dark brown bark is not particularly outstanding. Landscape Attributes: Northern Strain Redbud is a deciduous tree with a more or less rounded form. Its relatively coarse texture can be used to stand it apart from other landscape plants with finer foliage. This is a relatively low maintenance tree, and should only be pruned after flowering to avoid removing any of the current season's flowers. Deer don't particularly care for this plant and will usually leave it alone in favor of tastier treats. Gardeners should be aware of the following characteristic(s) that may warrant special consideration; - Disease Northern Strain Redbud is recommended for the following landscape applications; - Accent - Mass Planting - General Garden Use Plant Characteristics: Northern Strain Redbud will grow to be about 25 feet tall at maturity, with a spread of 30 feet. It has a low canopy with a typical clearance of 3 feet from the ground, and is suitable for planting under power lines. It grows at a medium rate, and under ideal conditions can be expected to live for 60 years or more. This tree does best in full sun to partial shade. It prefers to grow in average to moist conditions, and shouldn't be allowed to dry out. It is not particular as to soil type or pH. It is highly tolerant of urban pollution and will even thrive in inner city environments, and will benefit from being planted in a relatively sheltered location. Consider applying a thick mulch around the root zone in winter to protect it in exposed locations or colder zones. This is a selection of a native North American species. ,taxi .i �`!":5 vr) Cercis canadensis 'Northern Strain' flowers Photo courtesy of NetPS Plant Finder Cercis canadensis 'Northern Strain' in bloom Photo courtesy of NetPS Plant Finder Cercis canadensis 'Northern Strain' in fall Photo courtesy of NetPS Plant Finder Swamp White Oak Quercus bicolor Height: 60 feet Spread: 60 feet Sunlight: p Hardiness Zone: 3b Description: A large and imposing shade tree with an upright spreading habit of growth, best in larger landscapes and parks; extremely tough and adaptable to wet conditions but not tolerant of alkaline soils, rather slow growing; acorns attract squirrels Ornamental Features: Swamp White Oak has dark green foliage which emerges grayish green in spring. The glossy lobed leaves turn coppery -bronze in fall. Neither the flowers nor the fruit are ornamentally significant, but the fruit can be messy in the landscape. The furrowed gray bark is not particularly outstanding. Landscape Attributes: Swamp White Oak is a dense deciduous tree with a more or less rounded form. Its average texture blends into the landscape, but can be balanced by one or two finer or coarser trees or shrubs for an effective composition. This tree will require occasional maintenance and upkeep, and is best pruned in late winter once the threat of extreme cold has passed. It is a good choice for attracting squirrels to your yard. Gardeners should be aware of the following characteristic(s) that may warrant special consideration; - Messy Swamp White Oak is recommended for the following landscape applications; - Shade Plant Characteristics: Quercus bicolor Photo courtesy of NetPS Plant Finder Quercus bicolor in fall Photo courtesy of NetPS Plant Finder Swamp White Oak will grow to be about 60 feet tall at maturity, with a spread of 60 feet. It has a high canopy with a typical clearance of 6 feet from the ground, and should not be planted underneath power lines. It grows at a slow rate, and under ideal conditions can be expected to live to a ripe old age of 300 years or more; think of this as a heritage tree for future generations! This tree should only be grown in full sunlight. It is an amazingly adaptable plant, tolerating both dry conditions and even some standing water. It is not particular as to soil type, but has a definite preference for acidic soils, and is subject to chlorosis (yellowing) of the leaves in alkaline soils. It is quite intolerant of urban pollution, therefore inner city or urban streetside plantings are best avoided. This species is native to parts of North America. *Northern Pin Oak Quercus ellipsoidalis Height: 50 feet Spread: 50 feet Sunlight: O O Hardiness Zone: 3 Other Names: Hill's Oak Description: An attractive shade tree with a pyramidal -oval habit of growth, pointy leaves and excellent rich red fall color, fast growing for an oak; grows best in loose, slightly acidic soils, but more tolerant of alkaline soils than its popular relative the pin oak Ornamental Features: Northern Pin Oak has dark green foliage which emerges brick red in spring. The spiny lobed leaves turn an outstanding brick red in the fall. Neither the flowers nor the fruit are ornamentally significant, but the fruit can be messy in the landscape. The furrowed gray bark and silver branches add an interesting dimension to the landscape. Landscape Attributes: Northern Pin Oak is a deciduous tree with a shapely oval form. Its average texture blends into the landscape, but can be balanced by one or two finer or coarser trees or shrubs for an effective composition. This tree will require occasional maintenance and upkeep, and is best pruned in late winter once the threat of extreme cold has passed. It is a good choice for attracting squirrels to your yard. Gardeners should be aware of the following characteristic(s) that may warrant special consideration; Messy Northern Pin Oak is recommended for the following landscape applications; - Shade Plant Characteristics: Quercus ellipsoidalis Photo courtesy of NetPS Plant Finder Quercus ellipsoidalis in fall Photo courtesy of NetPS Plant Finder Northern Pin Oak will grow to be about 50 feet tall at maturity, with a spread of 50 feet. It has a high canopy with a typical clearance of 6 feet from the ground, and should not be planted underneath power lines. It grows at a medium rate, and under ideal conditions can be expected to live to a ripe old age of 100 years or more; think of this as a heritage tree for future generations! This tree does best in full sun to partial shade. It prefers to grow in average to moist conditions, and shouldn't be allowed to dry out. It is not particular as to soil type, but has a definite preference for acidic soils, and is subject to chlorosis (yellowing) of the leaves in alkaline soils. It is somewhat tolerant of urban pollution. This species is native to parts of North America. leurlc i r\ "--&cxyl pOe..-T'' iliwater H E 6 1 R 1 H P 1 ACE OF MINNESOTA REPORT DATE: September 10, 2015 MEETING DATE: September 15, 2015 APPLICANT: Todd Baumgartner, WB Development, LLC CASE NO.: 2015-32 REQUEST: Final Plat & Development Agreement approval for Brown's Creek Cove LOCATION: NW corner of Neal Avenue and McKusick Road PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Todd Baumgartner of WB Development LLC has submitted the Final Plat application for a 15 lot single-family residential development to be known as BROWN'S CREEK CovE. The property is located at the northwest quadrant of the intersection of Neal Avenue North and McKusick Road North. The preliminary plat for the project was approved by the City Council on August 18, 2015. SPECIFIC REQUEST Todd Baumgartner is requesting the City Council to approve both the Final Plat and Development Agreement for Brown's Creek Cove. EVALUATION OF REQUEST Final plat review consists of determining whether the final plans and documents are consistent with the approved preliminary plat and its conditions. Those conditions and the status of each are listed below. 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Existing Conditions Sheet C2 dated 6/19/15 • Site Layout Plan Sheet C3 dated 6/19/15 • Erosion Control Plan Sheet C4 dated 6/19/15 • Grading Plan Sheet C5 dated 6/19/15 • Street Plan & Profile Sheet C6 dated 6/19/15 Brown's Creek Cove Final Plat September 10, 2015 Page 2 • Sanitary sewer & Water Plan Sheet C7 dated 6/19/15 • Storm sewer plan & profile Sheet C8 dated 6/19/15 • Details Sheet C9, C10, C11, C12 dated 6/19/15 • Landscape Plan Sheet L1 dated 6/19/15 The development plans submitted with the final plat are consistent with this set of conditionally approved plans. The plan set with current revision dates will be referenced in the Resolution approving the Development Agreement. 2. The Final Plat application materials must document a maximum of 25% impervious cover on Lot 8. Excess impervious surface must be removed prior to release of development sureties. Lot 8 has been increased in size by reducing the size of Outlot A. The increased size is 24,822 square feet. The total impervious surface on the lot is about 5,390 square feet, or 21.7% of the lot area. So, this condition is met now. 3. The landscape plan submitted with Final Plat application materials must specify proposed ground cover in all disturbed areas. To the extent that this lies within the creek and wetland buffer, reestablished vegetation will need to be native grasses and vegetation rather than turf. This has been completed satisfactorily. 4. The Final Plat application materials must detail the dimensions and setbacks of the building pads on all of the lots. The lots are plenty large for the majority of homes built in the area today. And, a typical lot showing required setbacks was included with final plat materials. However, the developer has not submitted details for the envisioned homes. Therefore, there is no guarantee that the envisioned homes will meet all setback and impervious coverage standards. When building permit applications are submitted to the City for the individual lots, surveys will also have to be submitted that show the proposed homes, their lot line setbacks and impervious cover calculations. 5. The development impact fees and trunk utility fees must be paid to the City prior to release of the final plat for recording with Washington County. This condition will be included in the Development Agreement resolution of approval. The condition will be met prior to release of the plat. 6. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. This condition is met, but will be included in the Development Agreement resolution of approval. Brown's Creek Cove Final Plat September 10, 2015 Page 3 7. The Washington County Highway Department requires that the Final Plat include a notation that access will be restricted along McKusick Road. This has not been completed yet. The plat copy that is to be filed with the County must include this access restriction notation. 8. Review comments from the Brown's Creek Watershed District must be addressed in the Final Plat application materials. This includes review and approval of the location of the averaged wetland buffer limits. The watershed district has review of the plat on their next agenda. The district's staff has reviewed the application materials and finds them complete. Moreover, the wetland averaging seems to their staff to be satisfactory. 9. A trail easement found satisfactory in form and content to the City Attorney shall encumber the trail alignment over Outlot A in favor of the public, and shall be filed at Washington County together with the Final Plat. A trail easement over Outlot A has not been submitted yet. It will have to be submitted and approved by the City Engineer and City Attorney prior to release of the final plat from City offices for filing with Washington County. 10. A trail easement found satisfactory in form and content to the City Attorney shall encumber the trail alignment over Lot 2 in favor of the public, and shall be filed at Washington County together with the Final Plat. This trail easement over Lot 2 has not been submitted yet. It will have to be submitted and approved by the City Engineer and City Attorney prior to release of the final plat from City offices for filing with Washington County. 11. On the Final Plat application materials, Outlot A must not be shown as a public park. Outlot A is no longer shown as park land. 12. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction prior to release of the Final Plat for filing with Washington County. Civil engineering plans have been submitted and are being reviewed by the City Engineer. This condition will be included in the Resolution approving the Development Agreement. 13. Prior to release of the final plat for recording with Washington County, a $26,000 park dedication fee shall be submitted to the City (minus any credit for pre -approved excess trail costs). In the alternative, the developer may pay the $26,000 park dedication fee prior to release of the plat, and upon completion of the trail any credit determined to be applicable by the City Engineer would then be reimbursed to the developer. This condition will be included in the Resolution approving the Development Agreement. Brown's Creek Cove Final Plat September 10, 2015 Page 4 14. One model home may be constructed on either Lot 11 or Lot 12. The building permit for the one model will only be issued after filing the plat with Washington County and after development fees are paid to the City. OK RECOMMENDATION The conditions of preliminary plat are substantially satisfied. Therefore, staff recommends approval of the plat and development agreement with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Existing Conditions Sheet C2 dated 8/21/15 • Site Layout Plan Sheet C3 dated 8/21/15 • Erosion Control Plan Sheet C4 dated 9/9/15 • Grading Plan Sheet C5 dated 8/21/15 • Street Plan & Profile Sheet C6 dated 8/21/15 • Sanitary sewer & Watemain Plan & Profile Sheet C7 dated 8/21/15 • Storm sewer plan Sheet C8 dated 8/21/15 • Storm sewer profiles Sheet C9 dated 8/21/15 • Details Sheet C9, C10, C11, C12, C13 dated 8/21/15 • Landscape Plan Sheet L1 dated 9/9/15 2. The applicable development impact fees and trunk utility fees must be paid to the City prior to release from City offices of the final plat for recording with Washington County. 3. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction, prior to release of the final plat from City offices for filing with Washington County. 4. All electrical and communications utility lines shall be buried. 5. The Washington County Highway Department requires that the Final Plat include a notation that access will be restricted along McKusick Road. This must be added to the plat prior to release from City offices for filing at Washington County. 6. Review comments from the Brown's Creek Watershed District must be addressed prior to release of plat from City offices for filing at Washington County. 7. A trail easement found satisfactory in form and content to the City Attorney and City Engineer shall encumber the trail alignment over Outlot A in favor of the public, and shall be filed at Washington County together with the Final Plat. 8. A trail easement found satisfactory in form and content to the City Attorney and City Engineer shall encumber the trail alignment over Lot 2 in favor of the public, and shall be filed at Washington County together with the Final Plat. 9. Prior to release of the final plat for recording with Washington County, a $26,000 park dedication fee shall be submitted to the City (minus any credit for pre -approved trail construction costs). In the alternative, the developer may pay the $26,000 park dedication fee Brown's Creek Cove Final Plat September 10, 2015 Page 5 prior to release of the plat, and upon completion of the trail any credit determined to be applicable by the City Engineer would then be reimbursed to the developer. 10. One model home may be constructed on either Lot 11 or Lot 12. The building permit for the one model will only be issued after filing the plat with Washington County and after development fees are paid to the City. cc Todd Baumgartner Attachments: Final Plat Resolution Development Agreement Resolution Final Plat Select Development Plans RESOLUTION NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT FOR BROWN'S CREEK COVE CASE NO. 2015-32 WHEREAS, WB Development, LLC made application for approval of the final plat known as BROWN'S CREEK COVE; and WHEREAS, on July 8, 2015 the Stillwater Planning Commission held a public hearing and recommended approval of the preliminary plat; and WHEREAS, on August 18, 2015 the Stillwater City Council held a public hearing on the preliminary plat; and WHEREAS, on September 15, 2014 the Stillwater City Council reviewed the final plat and final plans for BROWN'S CREEK COVE and found them to be consistent with the preliminary plat and plans they approved on August 18, 2015. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the final plat for BROWN'S CREEK COVE. Enacted by the City Council of the City of Stillwater, Minnesota this 15th day of September, 2015. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT FOR BROWN'S CREEK COVE CASE NO. 2015-32 WHEREAS, WB Development, LLC made application for approval of the final plat known as BROWN'S CREEK COVE; and WHEREAS, on July 8, 2015 the Stillwater Planning Commission held a public hearing and recommended approval of the preliminary plat; and WHEREAS, on August 18, 2015 the Stillwater City Council held a public hearing on the preliminary plat; and WHEREAS, on September 15, 2014 the Stillwater City Council reviewed the final plat and final plans for BROWN'S CREEK COVE and found them to be consistent with the preliminary plat and plans they approved on August 18, 2015. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Development Agreement for BROWN'S CREEK COVE with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Existing Conditions Sheet C2 dated 8/21/15 • Site Layout Plan Sheet C3 dated 8/21/15 • Erosion Control Plan Sheet C4 dated 9/9/15 • Grading Plan Sheet C5 dated 8/21/15 • Street Plan Sr Profile Sheet C6 dated 8/21/15 • Sanitary sewer & Watemain Plan & Profile Sheet C7 dated 8/21/15 • Storm sewer plan Sheet C8 dated 8/21/15 • Storm sewer profiles Sheet C9 dated 8/21/15 • Details Sheet C9, C10, C11, C12, C13 dated 8/21/15 • Landscape Plan Sheet L1 dated 9/9/15 2. The applicable development impact fees and trunk utility fees must be paid to the City prior to release from City offices of the final plat for recording with Washington County. 3. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction, prior to release of the final plat from City offices for filing with Washington County. 4. All electrical and communications utility lines shall be buried. Resolution No. Brown's Creek Cove Page 2 of 2 5. The Washington County Highway Department requires that the Final Plat include a notation that access will be restricted along McKusick Road. This must be added to the plat prior to release from City offices for filing at Washington County. 6. Review comments from the Brown's Creek Watershed District must be addressed prior to release of plat from City offices for filing at Washington County. 7. A trail easement found satisfactory in form and content to the City Attorney and City Engineer shall encumber the trail alignment over Outlot A in favor of the public, and shall be filed at Washington County together with the Final Plat. 8. A trail easement found satisfactory in form and content to the City Attorney and City Engineer shall encumber the trail alignment over Lot 2 in favor of the public, and shall be filed at Washington County together with the Final Plat. 9. Prior to release of the final plat for recording with Washington County, a $26,000 park dedication fee shall be submitted to the City (minus any credit for pre - approved trail construction costs). In the alternative, the developer may pay the $26,000 park dedication fee prior to release of the plat, and upon completion of the trail any credit determined to be applicable by the City Engineer would then be reimbursed to the developer. 10. One model home may be constructed on either Lot 11 or Lot 12. The building permit for the one model will only be issued after filing the plat with Washington County and after development fees are paid to the City. Enacted by the City Council of the City of Stillwater, Minnesota this 15th day of September, 2015. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk DRAFT: 9/4/15 DEVELOPMENT AGREEMENT RELATING TO BROWN'S CREEK COVE BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND WB DEVELOPMENT, LLC, A Minnesota Limited Liability Company This agreement was drafted by: David T. Magnuson, #66400 Magnuson Law Firm 324 Main Street South, Suite 202 Stillwater, MN 55082 (651) 439-9464 TABLE OF CONTENTS SECTION 1. RECITALS 1 1.01 The Property 1 1.02 Public Improvements. 1 1.03 Public Improvements; Plans, Specifications. 1 1.04 Public Improvements, Warranty. 2 SECTION 2. DEVELOPER'S REPRESENTATIONS. 2 2.01 No Disability. 2 2.02 Execution No Violation. 3 2.03 Litigation. 3 2.04 Compliance. 3 SECTION 3. PUBLIC IMPROVEMENT SCHEDULE 3 3.01 Work Schedule 3 3.02 Final Plat Approval. 3 3.03 Selection and Control of Contractors 3 3.04 Dedication of Work 3 SECTION 4. SECURITY. 3 4.01 Consultant Fees and Charges. 3 4.02 Payment of Charges and Fees. 4 4.03 Security for Cost of Public Improvements 4 SECTION 5. DEVELOPER'S RESPONSIBILITY. 5 5.01 Easements. 5 5.02 Street Lights. 5 5.03 Mass Grading. 5 5.04 Dedication and Maintenance of Storm Water 6 5.05 Trail Construction and Dedication of Trail Covenants. 6 5.06 Engineering Data 6 5.07 As Built Plan. 6 5.08 Erosion Control Measures During Construction 6 5.09 Homeowner Association. 6 5.10 Landscaping. 6 5.11 Construction Traffic. The Developer must use all reasonable means to prevent construction traffic from entering or using Oak Glen Drive. 6 5.12 City Regulations 7 5.13 Maintenance of City or County Facilities. 7 SECTION 6. INSURANCE. 7 6.01 Insurance. 7 SECTION 7. INDEMNIFICATION. 8 7.01 Indemnification. 8 7.02 Enforcement by City; Damages. 8 (i) SECTION 8. EVENTS OF DEFAULT. 8 8.01 Events of Default Defined 8 8.02 Remedies on Default. 9 SECTION 9. ADMINISTRATIVE PROVISIONS. 9 9.01 Notices. 9 SECTION 10. ADDITIONAL PROVISIONS 10 10.01 Titles of Sections 10 10.02 Counterparts. 10 10.03 Modification 10 10.04 Law Governing. 10 10.05 Severability. 10 SECTION 11. TERMINATION OF AGREEMENT. 10 11.01 Termination 10 DEVELOPMENT CONTRACT THIS AGREEMENT, made this day of August, 2015, between the CITY OF STILLWATER, a political subdivision of the State of Minnesota, ("City"), and WB DEVELOPMENT, LLC, A MINNESOTA LIMITED LIABILITY COMPANY (the "Developer"); WITNESSETH THAT, the parties hereto recite and agree as follows: SECTION 1. RECITALS. 1.01 The Property. The Developer now owns the property described in the attached Exhibit "A" comprising 8.91 gross acres located within the City of Stillwater, Washington County, Minnesota ("Brown's Creek Cove"). The Developer has been granted preliminary plat approval for the subdivision of the property into 15 lots, all contingent upon the execution of this Agreement. 1.02 Public Improvements. A. The City is willing to allow the Developer to construct and install the Public Improvements ("Public Improvements") necessary to serve Brown's Creek Cove. A description of the Public Improvements and estimate of costs are attached as Exhibit ''B„ 1.03 Public Improvements; Plans, Specifications. A. All public improvements must be installed in accordance with the Plans and the City's subdivision regulations and specifications for utilities and street construction. The Developer must submit plans and specifications for utilities and street construction prepared by a registered professional engineer and must be approved by the City Engineer. The Developer must obtain any necessary permits from the Minnesota Pollution Control Agency, Minnesota Department of Health, the Watershed District and other agencies before proceeding with construction. The City will have an inspector or engineer ("Project Representative") inspect the work at the Developer's expense. The Developer, its contractors and subcontractors, must follow all instructions received from the City's inspectors. B. Prior to beginning construction, the Developer or the Developer's engineer must schedule a preconstruction meeting with all parties concerned, including the City staff and engineers, to review the program for the construction work. Iron monuments must be installed in accordance with state law. The Developer's surveyor must submit a written notice to the City certifying that the monuments have been installed. C. The City will provide the services of a Project Representative at the site to provide more continuous observation of the Contractor(s) work. Charges for this service will be billed to Developer at the current hourly rate adopted by the City. The Resident 1 Project Representative's dealings in matters pertaining to the on —site work will in general, be only with the City and the Developer, and dealings with contractors will only be through or with full knowledge of the Developer. Through the observations of the work in progress and field checks of materials and equipment by the Project Representative will endeavor to provide further protection for the City against defects and deficiencies in the work of the Contractor; but the furnishing of this representation will not make the City responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs or for the Contractor's failure to perform work in accordance with the Contract Documents. The Developer must pay the City for inspection services. D. The City must be provided a minimum of 24 hours notice prior to the commencement of underground pipe laying; and prior to subgrade, gravel base, and bituminous surface construction. Developer's failure to comply with the terms of this section will permit the City Engineer to issue a stop work order which may result in rejection of the work and which will obligate the Developer to take all reasonable steps, as directed by the Town's Engineer, to insure that the improvements are constructed and inspected pursuant to the terms of this Agreement; and may further result in the assessment of a penalty in an amount equal to 1%, per occurrence, of the amount of security required in this Agreement. 1.04 Public Improvements, Warranty. Developer agrees that the Public Improvements will be done in a workmanlike manner and that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the City. All work is subject to the inspection and approval of the City Engineer, who is vested with authority to suspend or stop work on the project if any condition of this contract is breached or any law or administrative rule is violated. If any material or labor that is supplied is rejected by the City Engineer as defective or unsuitable, then the rejected materials must be removed and replaced with approved material, and the work will be done anew to the satisfaction and approval of the City Engineer at the sole cost and expense of the Developer. This warranty will extend for one year beyond the final acceptance of the Public Improvements by the City. SECTION 2. DEVELOPER'S REPRESENTATIONS. THE DEVELOPER REPRESENTS TO THE CITY THAT AS OF THE DATE OF THIS AGREEMENT, THE STATEMENTS SET FORTH IN THIS SECTION ARE TRUE. 2.01 No Disability. The Developer is the fee owner of the property and know of no legal disability that would prevent them from carrying out this Agreement. 2 2.02 Execution No Violation. The execution, delivery and performance of this Agreement do not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developer is a party. 2.03 Litigation. There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform his obligations under this Agreement. 2.04 Compliance. The Developer will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments; comply with all conditions of subdivision and Conditional Use Permit approval; and comply with any applicable requirements of the Brown's Creek Watershed District. SECTION 3. PUBLIC IMPROVEMENT SCHEDULE. The Developer will install Public Improvements according to a schedule approved by the City Engineer and the standards set forth in this section. 3.01 Work Schedule. Approval of the work schedule for the Public Improvements by the City Engineer will be required before construction begins. In the event that Developer fails to complete any element of the Public Improvements according to the completion schedule, the City, at its option, will upon ten (10) days written notice from the City Engineer within which the Developer will have the opportunity to cure, has the right to draw upon any Security provided pursuant to §4.03 of this Agreement for the costs associated with completion of the work referred in this section. Upon satisfactory completion of the work, the City will have the right but not the obligation to terminate this Agreement. In all events, all work on the Public Improvements must be substantially complete by September 1, 2016. 3.02 Final Plat Approval. Provided that the Developer is not in default of this Agreement, the City will approve the final plat in advance of acceptance of the streets and utilities within the plat subject to any conditions of final plat approval imposed by the City. 3.03 Selection and Control of Contractors. The City reserves the right to approve the general contractor for construction of the Public Improvements. The City agrees that their approval will not be unreasonably be withheld. 3.04 Dedication of Work. Each element of the Public Improvements will become as a matter of law, dedicated to the public upon acceptance of the completed work by the City and the Developer will be deemed to have no right, title or interest in or upon any element of the dedicated Public Improvements. SECTION 4. SECURITY. 4.01 Consultant Fees and Charges. The Developer will pay to the City, within thirty (30) days of being invoiced, as reimbursement for consultant fees incurred by the City in behalf of or at the request of the Developer, including the costs of engineering, legal and testing services, 3 oversight and inspection of grading, erosion control, wetland restoration and any other development related improvement as well as reasonable expenses associated with inspection and supervision of construction and reinspection by the Project Representative for one (1) year beyond the acceptance of the completed work. Charges will be invoiced at the current hourly rates for each service as approved by the City. 4.02 Payment of Charges and Fees. Prior to the City signing the Final Plat, Developer must pay the following charges and fees: A. Trunk Charges: AUAR Trout Stream Mitigation $5,675 per acre (5.59 AC) $31,723.25 Charge Trunk Sanitary Sewer and Water $16,542 per acre (6.01 AC) $99,417.42 Main Charges Transportation Adequacy Fund $7,379 per acre (5.59 AC) $41,248.61 $172,389.28 At the request of the Developer, transportation adequacy charges will be assessed against the 13 lots within the Development at the rate of $3,172.90 per lot. The assessment will be payable in 3 annual installments with interest at the rate of 5% per annum and certified to the County Auditor for collection with the real estate taxes. The assessments will also be due upon sale of each lot. B. City Public Improvements, The City Sewer and the Water improvements, described in this section, collectively are referred to in this Agreement as "City Utilities" or sewer and municipal water systems. C. Developer Sewer and Water Construction. Developer will construct the sanitary sewer and municipal water systems necessary to serve the Development. D. Trail Credit. The Developer will be required to construct a trail as part of the trail dedication requirements of the City. Given its length and challenging topography, cost of construction is likely to exceed $6,500 the standard trail costs for the 13 proposed lots ($500 per lot). Therefore, any costs above the $6,500 that are found appropriate by the City Engineer may be eligible for credit against the $26,000 charge for payment in lieu of park dedication. E. Park In Lieu Charge. The Developer must pay to the City the sum of $26,000.00 as a payment in lieu of park dedication, based upon 13 lots @ $2,000 per lot. 4.03 Security for Cost of Public Improvements. Developer must, prior to the City or the Developer beginning work on any Public Improvements, provide the City with cash, letter of credit or other surety, with the form of any non —cash surety to be satisfactory to the City Attorney in the sum of one hundred twenty five percent (125%) of the estimated cost of the Public Improvements. Developer and City acknowledge that the accepted construction bid, 4 including site grading, sanitary sewer, watermain, storm sewer, streets and restoration, and trails totals $ , and the required security/surety amount is thus $ , if cash is posted with the City for security, an amount equal to 100% of the estimated costs is acceptable. The surety must be a guaranty to the City that the Public Improvements will be timely completed to the City's satisfaction. The cash, letter of credit or other surety must be maintained continuously by the Developer until the Public Improvements are completed to the City's satisfaction. The cash, letter of credit or other surety for Public Improvements may be released upon certification of the City Engineer that items are satisfactorily completed pursuant to this Agreement. Periodically, as payments are made by the Developer for the completion of the Public Improvements, Developer may request of the City that the surety be reduced for the work which has been fully completed and for which payment has been made. A Letter of Credit or other surety must permit the City to draw upon it for the full face amount of the cost of curing any default of the Developer upon ten (10) days written notice to the Developer of its opportunity to cure, with respect to performance items or seventy—two (72) hours written notice with respect to erosion control violations as described in §5.08. SECTION 5. DEVELOPER'S RESPONSIBILITY. 5.01 Easements. The Developer must furnish to the City upon request and without charge, all permanent easements over property owned or controlled by them as designated in the plans and specifications, and deeds to property deemed necessary by the City for the location, construction, installation and operation of the Public Improvements, in form and content satisfactory to the City Attorney. The City will vacate prior easements that do not comply with this Plan. 5.02 Street Lights. The Developer will furnish a street lighting system for the development according to the design and specifications of the City Engineer. The street lighting system may be owned, constructed and operated by the electric utility company serving the project area and in this event the City and the utility company must enter into a contractual agreement on the rate and maintenance of the street lighting system. In the alternative, the street lighting system must be dedicated to the City upon acceptance of the system as complete by the City Engineer. 5.03 Mass Grading. Prior to the commencement of construction of any Public Improvements, the Developer at their expense must complete the grading of the entire project area including the building sites, storm water control features, surface drainage ways, private driveways, municipal streets, and other areas that will be disturbed as part of the construction of any improvements. This grading must be done in accordance with an approved grading plan either prepared by or approved by the City Engineer with a maximum of two (2) foot contours, building pad elevations, drainage provisions, and erosion control provisions. 5 5.04 Dedication and Maintenance of Storm Water. Upon completion of the construction of any storm water control features and upon acceptance of the work by the City Engineer, the Developer must dedicate, either by the final plat or separate instrument, an easement for storm water and drainage purposes over the area within drainage swales or ditches provided that the Developer has provided to the City Engineer a storm water maintenance plan obligating the Developer and future owners to the continued maintenance of the storm water control features, swales and ditches. 5.05 Trail Construction and Dedication. Trails making a direct connection to the City Trail System, and marked as such on the approved plans, must be constructed with bituminous surfacing and, upon completion and acceptance, be dedicated to the City. 5.06 Engineering Data. The Developer, through their Engineer, must provide all staking, surveying and other information required by the City Engineer in order to insure that the complete improvements conform to the approved plans and specifications. 5.07 As Built Plan. Within sixty (60) days after completion of construction, Developer through their contractor or engineer, must prepare and file with the City a full set of "as built" plans, including a mylar original and electronic drawings showing the installation of improvements and the location of service laterals within the plat. Failure to file the "as built" plans as required by this section will be grounds for the City to suspend the issuance of building permits and certificates of occupancy within the plat until this condition is fulfilled. 5.08 Erosion Control Measures During Construction. Developer agrees that they will construct erosion control devices in conformance with the approved construction plans for the Public Improvements. This plan must protect any adjacent ponds and wetlands from erosion, pollution and siltation throughout the construction of the Public Improvements. Any deficiency or failure of erosion control must be corrected within seventy—two (72) hours of written notice or the City may draw upon the Security provided under §4.03 of this Agreement in the amount of the costs incurred in curing the deficiency. 5.09 Homeowner Association. The Developer must create a Homeowner's Association and obligate the Association to assume responsibility for maintenance of any common areas that are conveyed to it by the redeveloper including internal trails, open space and natural areas. The documents creating the Homeowner's Association and any associated Declaration of Covenants must be reviewed and approved by the City Attorney before being executed by the Developer and filed with the County Recorder. 5.10 Landscaping. The Developer must install all landscaping in compliance with the Plans and provide, through restrictive covenants, that the landscaping will be well maintained and not planted so as to interfere with site drainage or storm water improvements. 5.11 Construction Traffic. The Developer must use all reasonable means to prevent construction traffic from entering or using Oak Glen Drive. 6 5.12 City Regulations. Developer acknowledges that the property is regulated by the City and that a default under City ordinances or condition of approval of any permit is a default as defined in this Agreement, including: A. The grading and erosion control plan must be approved by the City Engineer, shall be implemented. B. If required by law, a national pollution discharge elimination system general storm water permit for construction activity must be obtained from the MPCA before grading begins. C. Compliance with any mitigation measures required by any Watershed District having jurisdiction of the Development Area. D. The Developer must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City during approval of the development. E. Before beginning work on the Public Improvements, the Developer must have satisfied any City park dedication requirements whether by land dedication or payment in lieu of dedication. F. Pay to the City, before building permits are issued, for any structure within the development any sewer or water availability charges and any oversizing or hookup charges imposed by the City. G. Comply with all conditions of approval of City plat approval, Case No. 2015-20 and as adopted August 18, 2015. 5.13 Maintenance of City or County Facilities. A. The Developer will be responsible for any damage caused to any City or County facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Developer, their contractors, agents or employees and for any repair or clean up costs or expenses incurred by the City or County in taking remedial action. However, the Developer will not be responsible for damage due to the negligent conduct of the City, its agents, employees or contractors. B. The Developer must periodically sweep streets within the Development, leading into the Development and County Road 64 in order that the streets be free from debris, stone, rocks and other hazards. During construction the sweeping must be done at least once per week unless directed otherwise by the City Engineer. SECTION 6. INSURANCE. 6.01 Insurance. Developer and their contractors will provide and maintain or cause to be maintained at all times during the process of constructing the Public Improvements and, from 7 time to time at the request of the City, furnish the City with proof of payment of premiums on: A. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's policy with limits against bodily injury and property damage of not less than $1,500,000 for each occurrence (to accomplish the above —required limits, an umbrella excess liability policy may be used), and shall be endorsed to show the City as an additional insured to the extent of its interest. B. Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles involved in work on the Public Improvements, in the minimum amount for each occurrence of $1,500,000, and shall be endorsed to show the City as an additional insured to the extent of its interest. C. Workers' Compensation insurance respecting all employees in amounts not less than the minimum required by statute. SECTION 7. INDEMNIFICATION. 7.01 Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in connection with the Public Improvements. 7.02 Enforcement by City; Damages. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that their failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that the expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. SECTION 8. EVENTS OF DEFAULT. 8.01 Events of Default Defined. The following will be "Events of Default" under this Agreement and the term "Event of Default" will means, whenever it is used in this Agreement, any one or more of the following events: 8 A. Failure by Developer to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. C. In each event Developer will be afforded ten (10) days after receipt of written notice to cure the violation and avoid a default. 8.02 Remedies on Default. Whenever any Event of Default occurs, the City may take any one or more of the following actions: A. Suspend work on the project and building permits or certificates of occupancy on private development until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure a default. B. Take action, including legal or administrative action, necessary to secure performance of any provision of this Agreement or for the City to recover any amounts due under this Agreement from Developer or under the Security described in §4.03. C. Undertake to complete the Public Improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security described in §4.03 for the full amount of the estimated work. SECTION 9. ADMINISTRATIVE PROVISIONS. 9.01 Notices. All Notices, certificates or other communications required to be given to the City and the Developer must be sufficiently given and will be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: J. Thomas McCarty, City Administrator/Treasurer City of Stillwater 216 N. 4th Street Stillwater, MN 55082 If to Developer: WB Development, LLC, A Minnesota Limited Liability Company The City and the Developer by notice given to the other, may designate different addresses to which subsequent notices, certificates or other communications will be sent. 9 SECTION 10. ADDITIONAL PROVISIONS. 10.01 Titles of Sections. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 10.02 Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. 10.03 Modification. If Developer is requested by the holder of a mortgage or by a prospective holder of a prospective mortgage to amend or supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request, provided that the request is consistent with the terms and conditions of this Agreement. 10.04 Law Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 10.05 Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, holding will not invalidate or render unenforceable any other provisions. SECTION 11. TERMINATION OF AGREEMENT. 11.01 Termination. This Agreement will terminate at the time all of the Developer's obligations have been fulfilled and when the cost of the Public Improvements have been paid in full and any default of the Developer has been cured, or one (1) year after acceptance of the Public Improvements by the City, whichever occurs later. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above written. (SEAL) CITY OF STILLWATER By Ted Kozlowski, Its Mayor and Diane F. Ward, Its City Clerk 10 STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON DEVELOPER WB DEVELOPMENT, LLC, A Minnesota Limited Liability Company By: Its: On this day of August, 2015, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of August, 2015, before me, a Notary Public within and for said County, appeared , of WB Development, LLC, a Minnesota limited liability company, who, being duly sworn, did say that he is the Developer named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. 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Z O , W A S H I N G T O N C O U N T Y , M N T H E O R I E N T A T I O N O F T H I S B E A R I N G S Y S T E M I S B A S E D U P O N T H E E A S T L I N E O F T H E N E 1 / 4 O F S E C . 1 9 , T 3 0 , R 2 0 , W H I C H I S A S S U M E D T O H A V E T H E B E A R I N G O F N O O ' I 6 ' 0 1 " E 0 D E N O T E S S E T 1 / 2 I N C H X 1 8 I N C H I R O N P I P E M A R K E D R . L . S . 2 5 7 1 8 U N L E S S O T H E R W I S E I N D I C A T E D . e D E N O T E S F O U N D 1 / 2 I N C H I R O N P I P E M A R K E D U N L E S S O T H E R W I S E I N D I C A T E D W E T L A N D S D E L I N E A T E D B Y B O P R A Y E N V I R O N M E N T A L S E R V I C E S , L L C J U L Y 1 5 T H , 2 0 1 5 D R A I N A G E A N D U T I L I T Y E A S E M E N T S A R E S H O W N A S T H U S : ( N O T T O S C A L E ) _ _ J I l I _ _ _ _ _ j C O R N E R S T O N E L A N D S U R V E Y I N G . I N C S H E E T 2 O F 2 S H E E T S UTILITY AND TRAIL EASEMENT PER DOC. NO. 3684846UTILITY AN D T R A I L E A S E M E N T P E R DOC. NO. 3684 8 4 6 DRAINAGE EASEMENT PERDOC. NO. 714998 P A R C E L N O . 5 P E R W A S H I N G T O N C O U N T Y H I G H W A Y R I G H T O F W A Y P L A T N O . 8 4 PARCEL NO. 5 PER WASHINGTONCOUNTY HIGHWAY RIGHT OF WAYPLAT NO. 8472" R.C.P. B I T U M I N O U S EDGE OF WETLAND L O T 1 4 L O T 1 3 L O T 1 2 L O T 1 1 L O T 1 0 L O T 9 10,070 sq.ft. 1 0 , 1 0 8 s q . f t . 1 0 , 4 9 5 s q . f t . 1 3 , 2 4 4 s q . f t . 1 3 , 7 3 0 s q . f t . 1 1 , 3 5 2 s q . f t . 1 8 , 8 0 3 s q . f t . 1 6 , 7 7 8 s q . f t . 1 0 , 5 4 5 s q . f t . 12,184 sq. f t . 12,373 sq.ft.10,263 sq.ft.10,551 sq.ft.10,301 sq.ft.TO REMAIN EXISTING HOME B L O C K 1 B L O C K 1 OUTLOT A L O T 8 2 4 , 8 2 2 s q . f t . T O R E M A I N E X I S T I N G H O M E LOT 1LOT 2LOT 3LOT 4LOT 5 L O T 6 L O T 7 0+001+002+003+ 0 0 4 + 0 0 5+ 0 0 6 + 0 0 7 + 0 0 7+ 2 0 . 3 5 LOT 15EDGE OF WETLAND163,422 sq. ft.EDGE OF WETLAND 7 1 . 8 9 8 . 4 1 7 6 . 9 5 - F T C U R B C U T 5 - F T C U R B C U T 24.9142.1 6 4 . 2 157.2 3 3 . 1 32.957.879.628 . 1 2 0 . 0 4 0 . 1 4 6 . 2 4 8 . 7 52.2 5 4 . 5 2 5 . 4 113.7 3 3 . 4 0 8 / 2 1 / 2 0 1 5 4 0 4 1 8 L I C E N S E N O . T O D D A . E R I C K S O N , P E D A T E : 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 , S P E C I F I C A T I O N O R R E P O R T 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 S U P E R V I S I O N A N D T H A T I A M A D U L Y L I C E N S 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 L A W S O F T H E S T A T E O F M I N N E S O T A . S H E E T 3 O F 1 3 C 3 ©2015 -T. Erickson, LLC - EricksonCivil - All Rights Reserved S I T E L A Y O U T P L A N E R I C K S O N C i v i l D R A W I N G P H A S E : A G E N C Y R E V I E W O W N E R R E V I E W B I D D O C U M E N T F O R C O N S T R U C T I O N A S - B U I L T D O C U M E N T P R O P E R T Y B O U N D A R Y G R A P H I C S C A L E 4 0 0 4 0 8 0 1 2 0 F E E T 1 4 - 1 7 2 Edina, Minnesota 55439 7300 Metro Boulevard, Suite 300 BROWNS CREEK COVE PRELMINARY PLAT STILLWATER, MINNESOTA UTILITY AND TRAIL EASEMENT PER DOC. NO. 3684846UTILITY AND TRAIL EASEMENT PER DOC. NO. 3684846DRAINAGE EASEMENT PERDOC. NO. 714998 P A R C E L N O . 5 P E R W A S H I N G T O N C O U N T Y H I G H W A Y R I G H T O F W A Y P L A T N O . 8 4 PARCEL NO. 5 PER WASHINGTONCOUNTY HIGHWAY RIGHT OF WAYPLAT NO. 8472" R.C.P. T . V . P E D T E L E . P E D G A S S I G N G A S M E T E R B I T U M I N O U S EDGE OF WETLAND E L E C . M E T E R T E L E . P E D 0+001+002+003+004+005+00 6+00 7+00 7+20.35EDGE OF WETLANDEDGE OF WETLAND GW TABLE = 872.6 876.7878880880 878876874888 886 D.T.C.O.C.O.C.O.C.O.C.O.D.T.D.T.D.T.D.T.C.O.D.T.C.O.C.O.D.T.D.T.D.T.C.O. T E M P O R A R Y T O P S O I L S T O C K P I L E D.T.C.O.D.T.C.O.C.O.C.O.D.T.D.T. 0 9 / 0 9 / 2 0 1 5 4 0 4 1 8 L I C E N S E N O . T O D D A . E R I C K S O N , P E D A T E : 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 , S P E C I F I C A T I O N O R R E P O R T 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 S U P E R V I S I O N A N D T H A T I A M A D U L Y L I C E N S 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 L A W S O F T H E S T A T E O F M I N N E S O T A . S H E E T 4 O F 1 3 C 4 ©2015 -T. Erickson, LLC - EricksonCivil - All Rights Reserved E R O S I O N C O N T R O L P L A N E R I C K S O N C i v i l D R A W I N G P H A S E : A G E N C Y R E V I E W O W N E R R E V I E W B I D D O C U M E N T F O R C O N S T R U C T I O N A S - B U I L T D O C U M E N T 5 4 3 2 1 6 8 S E E D I N G : 1 ) A R E A O U T S I D E O F B U F F E R ( L O T S ) , L O W G R O W F E S C U E @ 2 2 0 L B S . / A C R E . T O P S O I L : 6 " M I N I M U M D E P T H , M E E T I N G M N D O T S P E C . F O R T O P S O I L B O R R O W . 1 4 - 1 7 2 G R A P H I C S C A L E 5 0 0 5 0 1 0 0 1 5 0 F E E T 1 11 1 1 1 1 2 4 44 3 3 3 3 3 33 33 3444 4444 4555555 5 5 667 Edina, Minnesota 55439 7300 Metro Boulevard, Suite 300 BROWNS CREEK COVE CONSTRUCTION PLANS STILLWATER, MINNESOTA 7 777 3 3 3 1 1 S E E L A N S C A P E P L A N F O R P L A N T I N G O F I N F I L T R A T I O N B A S I N 8 9 9 9 9 9 99 UTILITY AND TRAIL EASEMENT PER DOC. NO. 3684846UTILITY AND TRAIL E A S E M E N T P E R DOC. NO. 3684846DRAINAGE EASEMENT PERDOC. NO. 714998 P A R C E L N O . 5 P E R W A S H I N G T O N C O U N T Y H I G H W A Y R I G H T O F W A Y P L A T N O . 8 4 PARCEL NO. 5 PER WASHINGTONCOUNTY HIGHWAY RIGHT OF WAYPLAT NO. 8472" R.C.P. T . V . P E D T E L E . P E D G A S S I G N G A S M E T E R B I T U M I N O U S EDGE OF WETLAND E L E C . M E T E R T E L E . P E D L O T 1 4 L O T 1 3 L O T 1 2 L O T 1 1 L O T 1 0 L O T 9 TO REMAIN EXISTING HOME B L O C K 1 B L O C K 1 OUTLOT A L O T 8 T O R E M A I N E X I S T I N G H O M E LOT 1LOT 2LOT 3LOT 4LOT 5 L O T 6 L O T 7 0+001+002+003+00 4 + 0 0 5+ 0 0 6 + 0 0 7 + 0 0 7+20.3 5 T O B G F E B F E 9 1 1 . 0 9 1 0 . 3 9 0 2 . 0 TOB GFE BFE 911.0 910.7 902.0 T O B G F E B F E 9 1 1 . 0 9 1 0 . 7 9 0 2 . 0 T O B G F E B F E 9 0 9 . 0 9 0 9 . 7 9 0 0 . 0 T O B G F E B F E 9 0 7 . 0 9 0 6 . 7 8 9 8 . 0 TO B GFEBFE 9 0 3 . 0 9 0 2 . 7 8 9 4 . 0 TOBGFEBFE901.0900.7892.0 LOT 15EDGE OF WETLAND TOBGFEBFE899.0898.7890.0 TOBGFEBFE898.0 897.7 889.0 TOB GFE BFE899.0 898.7 890.0GFE 899.8TO B GFEBFE 9 0 5 . 5 9 0 5 . 2 8 9 6 . 5 T O B G F E B F E 9 0 7 . 0 9 0 6 . 7 8 9 8 . 0 T O B G F E B F E 9 0 9 . 0 9 0 8 . 0 9 0 0 . 0 EDGE OF WETLAND GW TABLE = 872.6 876.7878880880 878876874888 886 D.T.C.O.C.O.C.O. C . O . C . O . D . T . D . T . D.T.D.T. C . O . D . T . C.O.C.O.D.T.D.T.D.T.C.O.D.T.C.O.D.T.C.O.C.O.C.O.D.T.D.T.HWL 879.5 HWL 882.3 HWL 879.9HWL 887.8 H W L 8 9 3 . 5 H W L 9 0 2 . 9 HWL 896.1EOF 879.6BERM 880.6 BERM 880.6RIP RAP OVERFLOW EXISTING PARCEL LINE 9 0 3 . 6 C U R B C U T 9 0 3 . 3 C U R B C U T 2-FT STORAGE1.5 FT STORAGE 2 F T S T O R A G E 1 . 5 F T S T O R A G E 1.5 FT STORAGENOTE: DRAIN TILE LOCATEDIN INFILTRATION AREA SHALLBE PLUGGED ONCE VEGETATIONIS ESTABLISHED. PER ENGINEERSDIRECTION. 0 8 / 2 1 / 2 0 1 5 4 0 4 1 8 L I C E N S E N O . T O D D A . E R I C K S O N , P E D A T E : 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 , S P E C I F I C A T I O N O R R E P O R T 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 S U P E R V I S I O N A N D T H A T I A M A D U L Y L I C E N S 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 L A W S O F T H E S T A T E O F M I N N E S O T A . S H E E T 5 O F 1 3 C 5 ©2015 -T. Erickson, LLC - EricksonCivil - All Rights Reserved G R A D I N G P L A N E R I C K S O N C i v i l D R A W I N G P H A S E : A G E N C Y R E V I E W O W N E R R E V I E W B I D D O C U M E N T F O R C O N S T R U C T I O N A S - B U I L T D O C U M E N T 9 1 4 - 1 7 2 1 2 0 F E E T 8 0 4 0 0 4 0 G R A P H I C S C A L E Edina, Minnesota 55439 7300 Metro Boulevard, Suite 300 BROWNS CREEK COVE PRELMINARY PLAT STILLWATER, MINNESOTA I N F I L T R A T I O N B A S I N S E C T I O N C 5 1 72" R.C.P. B I T U M I N O U S LOT 14LOT 13LOT 1 2 L O T 1 1 L O T 1 0 L O T 9 TO REMAIN EXISTING HOME BLOCK 1BLOCK 1OUTLOT A L O T 8 T O R E M A I N E X I S T I N G H O M E LOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7 LOT 151-1/2" S V C . 4" SAN. SVC.'WAT. SVC. 0 9 / 0 9 / 2 0 1 5 4 0 4 1 8 L I C E N S E N O . T O D D A . E R I C K S O N , P E D A T E : 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 , S P E C I F I C A T I O N O R R E P O R T 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 S U P E R V I S I O N A N D T H A T I A M A D U L Y L I C E N S 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 L A W S O F T H E S T A T E O F M I N N E S O T A . S H E E T 1 O F 1 L 1 ©2015 -T. Erickson, LLC - EricksonCivil - All Rights Reserved L A N D S C A P E P L A N E R I C K S O N C i v i l D R A W I N G P H A S E : A G E N C Y R E V I E W O W N E R R E V I E W B I D D O C U M E N T F O R C O N S T R U C T I O N A S - B U I L T D O C U M E N T 1 4 - 1 7 2 D E N O T E S P R O P O S E D C O N I F E R O U S T R E E D E N O T E S P R O P O S E D D E C I D U O U S T R E E D E N O T E S E X I S T I N G D E C I D U O U S T R E E T O R E M A I N D E N O T E S E X I S T I N G C O N I F E R O U S T R E E T O R E M A I N E X T E R I O R P R O P E R T Y B O U N D A R Y G U Y I N G C A B L E @ 3 G U Y S P E R T R E E A S T R E E W R A P . R E Q U I R E D . O P T I O N A L , S E E S P E C S . T O P O F R O O T B A L L S H A L L B E 3 " A B O V E F I N I S H G R A D E B E F O R E B A C K F I L L I N G . G A L V A N I Z E D T U R N B U C K L E . O P T I O N A L , D O N O T C U T L E A D E R . P L A N T I N G M I X T U R E . S E E S P E C S . S T A K E T O B E 1 8 " B E L O W T R E E P I T I N U N D I S T U R B E D G R O U N D . L O O S E N H A R D P A N ( 8 " M I N . ) S E E P L A N F O R M U L C H T Y P E G U Y I N G S T A K E T O B E D R I V E N B E L O W E X I S T I N G G R A D E . B A L L D I A . + 2 4 " 1 4 G A . G U Y W I R E . F L A G ( O N E P E R W I R E ) . 3 " S O I L S A U C E R A R O U N D T R E E . D O U B L E S T R A N D P O L Y S T R A P 2 / 3 U P T R E E O R T O 1 S T B R A N C H . F I N I S H G R A D E . S E E S P E C S . C U T A N D R E M O V E B U R L A P , T W I N E , A N D / O R W I R E F R O M T O P 1 / 3 O F R O O T B A L L . G R A P H I C S C A L E 5 0 0 5 0 1 0 0 1 5 0 F E E T A A ABBB K K K D D D D D D CCCCC CCCHHH JJIIIIIIIIIIII K K K D D D D DDDDKKKGGG F A A AAA K K D D D LLLDDD 7300 Metro Boulevard, Suite 300 Edina, Minnesota 55439STILLWATER, MINNESOTA CONSTRUCTION PLANS BROWNS CREEK COVE A A AAEEE FFAACCCCCCDDDDDDDDDKKK D E N O T E S W E T L A N D B U F F E R iliwater H E 6 1 R 1 H P 1 ACE OF MINNESOTA CITY COUNCIL DATE: SUBJECT: TO: FROM: September 9, 2015 Purchase of Palmer Property for Park Purposes Mayor & City Council Bill Turnblad, Community Development Director BACKGROUND In 2012 and 2013 Washington County Commissioner Kriesel successfully advocated for public purchase of the former Palmer property at Hwy 96 and Manning Avenue. The purpose of the purchase was twofold: 1) to create public park space; and 2) protect a stretch of Brown's Creek and its abutting wetlands. Given the natural resource protection element of the purchase, the County Board agreed to commit $84,000 in Land and Water Legacy funds toward the land purchase. In January of 2014 the County purchased the property with the intent of transferring the deed to the Township in exchange for the balance of the land purchase price and a conservation easement to protect the natural features on the site. In April of 2014 the Township offered to assign its rights in the purchase agreement to the City of Stillwater. The City Council accepted the offer and committed to closing on the purchase in 2015. The principal documents for the closing are attached for review and approval by the City Council. PROJECT CHRONOLOGY 12-13-2012 Winter 2013 5-8-2013 7-9-2013 Joint meeting of County and City personnel (Kriesel, Harycki, Johnson, Hanson, Harper, Corbid) to discuss the various parties' interests in the property. Bank turned down City/Township offer of $75,000. City Council had closed session to discuss the next steps and decided to wait until fall to take further action. Joint meeting of County, City and Township personnel (Kriesel, Harycki, Johnson, Palmer property purchase September 9, 2015 Page 2 Untiedt, Harper, Corbid, County public works staff). County informed the City and Township that it needed to proceed with buying a portion of the property for road right-of-way and suggested that the County and Township pursue a joint acquisition of the entire parcel. Decision was made to have the County purchase the entire parcel with a subsequent conveyance of the remnant parcel to the Township and that County staff would proceed to try to acquire the property. City and Township officials suggested that they would consider contributing up to $200,000. Recognition that the city and township will need to agree on how much each entity will pay. Summer 2013 County completed appraisal. 7- 23- 2013 County staff received direction that the County Board was willing to contribute County Land and Water Legacy bond funds for the acquisition amount not determined. 8-2013 County staff had a' meet and greet' with the bank. Bank stated that its asking price was $445,000. 8-8-2013 8-27-2013 9-24-2013 Email from Harper to Johnson summarized the meeting with the bank and asked the Township for a price range that would be acceptable. Johnson confirmed that the Township was on board with the acquisition at an amount up to $200,000. County Board agreed to contribute 42% up to $84,000 of the purchase price for the open space portion of the parcel and agreed that the County would take the lead in purchasing the entire parcel. Washington County presented a two-part offer to the bank. The bank rejected the amount for the open space portion and took under consideration the offer for the right-of-way. 9-24-2013 Township signed agreement with Washington County for the purchase of the Palmer property. 10-1-2013 County Board approved the joint powers agreement with Stillwater Township to jointly pursue the purchase of the Palmer property. This agreement allowed the County to purchase the entire property and subsequently convey the remnant to the Township. 11-19-2013 Central Bank presented County with a counter offer. 12-5-2013 After nearly 3 months of negotiations the County and bank reached agreement on a settlement. 1-14-2014 County Board approved the purchase of the property. Palmer property purchase September 9, 2015 Page 3 1-23-2014 Washington County closed on the Palmer property purchase. 3-4-2014 Joint meeting held at Stillwater City Hall between Town Board and City Council to discuss City participation in purchase and development of former Palmer property. • Based on agreement with Township, the County purchased property for $285,950. • $85,950 of purchase price paid by County from County highway funds for extra right of way needed along Manning Avenue. • $84,000 of price paid by County from Land and Water Legacy Funds. • According to the purchase agreement, the $116,000 balance would be paid by Stillwater Township. • The Town Board proposed that the Township and City jointly own, develop, operate and schedule the future park use. And, that based upon population size of each jurisdiction, the City would pay about $102,500 and the Township would pay about $13,500 for land costs. • The City Council decided that given the City's proposed cost, the City should pay for the entire purchase and thereby be sole owner/operator. Subsequent to the March 4, 2014 joint meeting, the Town Board offered to assign its rights in the purchase agreement to the City. City would then pay the full $116,000 balance and receive deed to the land. REQUEST 1) Approval of Assignment Agreement 2) Approval of Conservation Easement DISCUSSION Terms of Assignment/Purchase Agreement a. City to pay $116,000 to County b. County will file a conservation easement encumbering the property i. A near -final draft of the conservation easement is attached. The easement will keep the creek and buffer areas in a natural state, but will allow the City to develop and operate park improvements as shown in Exhibit B to the easement. c. City to create a management plan for the property i. This plan is expected to address both the active park use area and the natural areas. 1. The park use portion of the plan is presented graphically in Exhibit B to the Conservation Easement. ii. Brown's Creek Watershed District will assist the City in the creation of a plan to restore the natural areas to a condition that will enhance the qualities Palmer property purchase September 9, 2015 Page 4 of Browns Creek as a cold -water trout stream. This plan will not be completed before the City purchases the land from the County. The County has agreed to this delay and a date will be set for completion prior to closing on the property. RECOMMENDATION Staff recommends adopting the attached Resolution approving both the Assignment Agreement and the Conservation Easement. bt attachments: Assignment Agreement Draft Conservation Easement Resolution approving agreement and easement ASSIGNMENT OF AGREEMENT THIS ASSIGNMENT OF AGREEMENT is made as of this day of 2015, by and between the TOWNSHIP OF STILLWATER, a political subdivision of the State of Minnesota ("Assignor"), and the CITY OF STILLWATER, a home rule charter city and political subdivision of the State of Minnesota (together with its successors and assigns, the "Assignee"). Recitals The Assignor and the County of Washington are parties to an Agreement dated September 24, 2013 to acquire a parcel of land on the Southeast corner of the intersection of State Highway 96 and County Road 15 referred to as the "Palmer Property"; and The Palmer property became part of the City of Stillwater in January of 2015 and therel Jre It 1J ad V�1Jable that till Ci y LilU..11Lar,L. t11G Ubl'1gat1Vr1 of the T VW11 ill MUG' that the Palmer property be preserved for open space, as well as right-of-way for road and trail purposes. ACCORDINGLY, in consideration of the premises the Assignor does hereby grant, transfer and assign to the Assignee all of the right, title and interest of the Assignor in and to the Agreement attached as Exhibit "A". IN WITNESS WHEREOF, the Assignor and the Assignee have caused this Assignment of Agreement to be executed by their duly authorized officers as of the day and year first -above written. TOWNSHIP OF STILLWATER David Johnson, Chaiiinan Kathy Schmoeckel, Its Town Clerk CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2015, by David Johnson, Chaiiinan, and Kathy Schmoeckel, Town Clerk, for the Township of Stillwater. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Notary Public The foregoing instrument was acknowledged before me this day of 2015, by Ted Kozlowski, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public 2 AGREEMENT BETWEEN WASHINGTON COUNTY AND THE TOWNSHIP OF STILLWATER LAND ACQUISITION FOR ROAD AND PARK PURPOSES This Agreement is made and entered into by and between Washington County, hereinafter referred to as "County" and the Township of Stillwater, hereinafter referred to as the "Township," both parties are governmental and political subdivisions of the State of Minnesota. WHEREAS, the County and Township desire to acquire interests in parcels of land located at the southeast corner of the intersection of State Highway 96 and County Road 15, referred to as the "Palmer Property"; and WHEREAS, the County desires to acquire a portion of the Palmer Property for right-of-way for road and trail purposes and the Township desires to acquire a portion of the Palmer Property for park purposes; and WHEREAS, pursuant to Minnesota Statute Chapt. 84C, Minnesota Statute Section 373.40 and Minnesota Statute Section 394.25, the County is authorized to acquire and improve land and interests in land for the purpose of preserving open space, including natural and scenic areas and agricultural land, and pursuant to Minnesota Statute Section 398.32 the County is authorized to expend funds and to cooperate with other governmental subdivisions to affect the creation of outdoor public recreational areas; and WHEREAS, the County has enacted the Acquisition of Development Rights Ordinance #175 to establish a program for the preservation of open space, parks and public water, commonly referred to as the Land and Water Legacy Program and has established the policies, rules and official controls governing such program; and WHEREAS, the County has issued general obligation bonds to acquire land and interests in land to provide funding to purchase interests in land to further the purposes of the Land and Water Legacy Program; and WHEREAS, Washington County Board of Commissioners has deteiinined that the Palmer Property meets the criteria and purposes of the Land and Water Legacy Program; and WHEREAS, Minnesota Statute Section 368.01 authorizes the Township to acquire, maintain and manage land for park purposes; WHEREAS, pursuant to Minnesota Statutes 471.59, two or more governmental units, by agreement entered into through action of their governing bodies, may jointly exercise any power common to the contracting governmental units; and WHEREAS, each party represents it is duly qualified and authorized to enter into this Agreement and will comply with its respective obligations and responsibilities as set forth in this agieemert. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties agree as follows: County and Township Duties and Responsibilities The County and Township will work jointly to purchase fee title to approximately seventeen (17) acres of land owned by Central Bank and referred to as the "Palmer Property" in Stillwater Township in accordance with the duties and responsibilities laid out in this section. A. The County will purchase fee title to the land generally depicted on the map in Exhibit A and specifically identified with parcel identification numbers 1903020220007 and 1903020220002. B. Subsequent to the purchase the County will retain ownership to a strip of land forty two (42) feet in width along County Road 15 to be used for future road and trail purposes. The land, which is approximately .4 acres and is generally depicted in Exhibit A and referred to as Highway Right -of -Way, shall be depicted by separate survey, plat or other drawing provided by the County. C. The County shall convey to the Township the remainder of the land generally depicted in Exhibit A and referred to as the Parkland and Natural Tracts at a price that is specified in Section II of this Agreement. The actual price paid is to be based upon an appraisal of market value of the property ordered by the County. D. Prior to the County conveying the Parkland and Natural Tracts to the Township the County shall record a conservation easement over the property as that twin is defined in Minnesota Statute Section 84C.01. The County shall provide the Township with an opportunity to review and comment on the conservation easement prior to recording it on the property deed. The County will make every reasonable effort to addressthe Township's comments as long as the changes to the easement do not interfere with the conservation purposes or adversely impact the conservation values of the property. E. Prior to the County conveying the Parkland and Natural Tracts to the Township the Township shall prepare a management plan for the active recreational use and natural resource management of the property. The management plan shall include plans to restore the Natural Tract to a condition that will enhance the qualities of Browns Creek as a cold -water trout stream that flows through the property. The management plan shall include plans for the recreational use of the Recreational Tract. The precise boundaries of the tracts will be set at the time that the conservation easementis a roved. As a condition subsequent to this Agreement the Township shall implement and conform to this plan. F. By conveying the land to the Township the County makes no guarantee of County approvals that may be needed for the recreational development of the property including access to Manning Avenue. G. The County is not obligated to complete this purchase on behalf of the County and Township if the County is unable to reach an agreement with Central Bank to purchase 2 the entire property at an amount acceptable to the County and Township; or if the County needs to use eminent domain to acquire the road right-of-way. H. Prior to the County entering into a purchase agreement with Central Bank the Township shall provide the County with a resolution that approves the County acting on the township's behalf to acquire the parkland and identifies the funding that is available for the purchase. I. The County plans to convey the property to the Township no later than December 31, 2014. IL Consideration A. The County shall provide 42% of the actual cost of the parkland of the property not to exceed the total amount of S84,000. B. The Township shall make payment to the County at the time the County conveys the property to the Township an amount equal to the actual price paid for the land, minus the value of the road right-of-way, minus the county's financial contribution from the Land and Water Legacy Program as specified in Section II. A. of this Agreement. C. All the Township and County duties and responsibilities described in Section I of this Agreement must be satisfactorily completed prior to the County conveying the property to the Township. III. Effective Date The County and Township shall performs the activities described in this Agreement during the period from the effective date of this Agreement until December 31, 2014 or until all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever occurs first. IV. Authorized Representatives A. The County's authorized representative for the purposes of administration of this Agreement is: Jane Harper, Land and Water Legacy Program Manager Washington County Government Center 14949 62nd Street North Stillwater, MN 55082 651-430-6011 Jane.Harper@co.washington.mn.us Such representative shall have final authority for acceptance of the Township's services and shall authorize payments for services. 3 B. The Township's authorized representative for the purposes of administration of this Agreement is: Dave Johnson, Chair Sheila -Marie Untiedt, Vice -Chair Stillwater Township 13636 90th Street Stillwater, MN 55082 651-439-6451 www. stillwatertownship. corn Such representatives shall have full authority to represent Grantee in its fulfillment of the terms, conditions and requirements of this Agreement. V. Cancellation The County or Township may cancel this Agreement immediately if either party finds that there has been a failure to comply with the provision of this Agreement; that reasonable progress has not been made in furtherance of the projects; or that the purposes for which the Agreement has been entered into have not been or will not be fulfilled. If this Agreement is cancelled pursuant to this subparagraph neither party shall be entitled to any reimbursement for costs incurred up to the date of termination. VI. Audits, Reports, Records and Monitoring Procedures Pursuant to Minn Stat. sectionl6C.05 subd. 5, the County and Township will: A. Maintain records that reflect all revenues, costs incurred and services provided in the performance of this Agreement. B. Agree that the County, Township, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the other party which are relevant to the contract for at least six (6) years. VII. Data Practices All data collected, created, received, maintained, or disseminated for any purposes by the activities of the County or Township, because of this Agreement, is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 the Minnesota Rules implementing such Act and federal regulations on data privacy. VIII. Independent Contractor It is agreed that nothing in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co -panthers between the parties to this 4 Agreement or as constituting that either party is the agent, representative or employee of the other party for any purpose or in any manner whatsoever. Each party to this Agreement shall secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of either party to this Agreement or other persons while engaged in the performance of any work or services required under this Agreement shall have no contractual relationship with the other party and shall not be considered employees of the other party to this Agreement. IX. Insurance Requirements A. The Township agrees that in order to protect itself and the County under the indemnity provisions set forth above it will at all times during the telui of this Agreement keep in force the following insurance protection in the limits specified. Commercial General Liability/Professional Liability with contractual liability coverage in the amount of the county's tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 2. Automobile coverage in the amount of the county's tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 3. Worker's Compensation in the statutory amount. B. Prior to the effective date of this Agreement the Township will furnish the County with certificates of insurance as proof of insurance. C. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the County. X. Equal Employment Opportunity — Civil Rights During the performance of this Agreement the parties to the Agreement agree to the following: A. No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of any and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. B. If during the to m of the Agreement it is discovered that either party to the Agreement is not in compliance with the applicable regulations as aforesaid, or if either pal Ly to t he Agreement engages in any discriminatory practices, the 5 Agreement may be cancelled as provided by the cancellation clause of this Agreement. XI. Modifications Any material alteration, modification, or variation shall be reduced to writing as an amendment and signed by the parties. Any alterations, modifications, or variations deemed not to be material by agreement by the County and the Township shall not require written approval. XII. Conversion of Use It is the intent of the County that the property acquired under this Agreement and conveyed to the Township shall exist in the Township's ownership and be maintained and managed properly to protect the natural and/or scenic resources in perpetuity. The Township shall not at any time convert any property acquired or developed pursuant to this Agreement to uses other than the permitted uses specified in this Agreement without the prior written approval of the County. The parties acknowledge that damages would be an inadequate remedy to protect the County's interests under this Agreement and the County shall have the right to equitable relief including but not limited to injunctive relief to enforce the Township's obligations under this Agreement. COUNTY OF WASHINGTON By County Adrfiinistrator 1/ Asst. Washington County Attorney TOWNSHIP OF STILLWATER e.4171 /44,t( li0r/3 By / Date By a f.yai Title IA 3 Date Title Date Q:\Land Water Legacy\Projects\Active\Palmer Agreement\Agreement Stillwater Township final out Indemnification.doc 6 QUIT CLAIM DEED DEED TAX DUE: $ Date: , 2015 FOR VALUABLE CONSIDERATION, Washington County, a body corporate and politic under the laws of Minnesota, Grantor, hereby conveys and quitclaims to the City of Stillwater, Grantee, a municipal corporation under the laws of Minnesota, real property in Washington County, Minnesota, described as follows: SEE EXHIBIT "A" together with all hereditaments and appurtenances. Check box if applicable: The Seller certifies that the seller does not know of any wells on the described property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. By: Its: Washington County By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before me on day of , 2014, by , the Board Chair and Administrator of Washington County, a body corporate and politic under the laws of Minnesota, Grantor. and Notarial Stamp or Seal (Or Other Title or Rank) THIS INSTRUMENT WAS DRAFTED BY: Washington County Attorney's Office and Washington County Public Works 11660 Myeron Road North Stillwater, MN 55082 Signature of Notary Public or Other Official Check here if part or all of the land is Registered (Torrens) Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): City of Stillwater 216 North Fourth Street Stillwater, MN 55082 EXHIBIT A (Legal Description) That part of the Northwest Quarter of the Northwest Quarter of Section 19, Township 30, Range 20, Washington County, Minnesota, described as follows: Beginning at the most Westerly corner of Outlet A, RANDOM CREEK RANCHETTES, according to the record plat thereof, said Washington County; thence North 89 degrees 46 minutes 55 seconds East, assumed bearing, along the North line of said Outlet A, a distance of 137.87 feet; thence North 18 degrees 03 minutes 14 seconds West 223.97 feet; thence North 0 degrees 35 minutes 10 seconds West 280.00 feet; thence North 9 degrees 57 minutes 57 seconds East 480.01 feet to the North line of said Northwest Quarter of the Northwest Quarter; thence South 89 degrees 46 minutes 55 seconds West, along said North line 818.50 feet to the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence South 1 degree 46 minutes 18 seconds East along the West line of said Northwest Quarter of the Northwest Quarter 966.00 feet to the intersection with the Westerly extension of the North line of Lot 2, Block 1, said RANDOM CREEK RANCHETTES; thence North 89 degrees 46 minutes 55 seconds East along said extended line and along the North line of Lots 2 and 3, said Block 1, a distance of 639.97 feet to the point of beginning. EXCEPTING Parcel 12 of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 175 — C.S.A.H. 15, on file and of record in the Office of the County Recorder, Washington County, Minnesota; and, EXCEPTING the North 100 feet of said tract which lies easterly of Parcel 12 of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 175 — C.S.A.H. 15. PALMER CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is granted on this date , by and between the City of Stillwater, sole tenant, ("Grantor"), to the County of Washington, body politic and corporate, ("Grantee"), subject to the terms and conditions outlined herein. I. RECITALS A. Grantors Grantor is the owner of 14.08 acres of real property, herein referred to as "Protected Property" in Washington County, Minnesota, which is particularly described in Exhibit A and generally depicted in the Property Map in Exhibit B. Both exhibits are attached to this conservation easement and incorporated herein by this reference. B. County of Washington The County of Washington, a body politic and corporate, is qualified to acquire and hold conservation easements under Minnesota Statutes Chapter 84C and Section 170(h)(3) of the Internal Revenue Code of 1986, any amendments and any regulations promulgated thereunder. C. Protected Property The Protected Property consists of 14.08 acres located at the southeast quadrant of the intersection of Highway 96 and Manning Avenue and adjacent to Millbrook Park. The property is at the intersection of the future Lake Links Regional Trail planned along Highway 96 on the north edge of the property and Central Greenways Regional Trail planned along Manning Avenue. The property is also within 1/3 mile north of the Brown's Creek State Trail. The eastern side of the Protected Property holds portions of the meandering Browns Creek Trout Stream and a wetland complex, including 5.05 acres of wetland area and 4.66 acres of western and southern wetland buffer areas. Brown's Creek runs the full length of the Protected Property from its northern to southern property lines. Approximately 660 feet of Brown's Creek is located within the Protected Property. The Protected Property is currently vacant land without any structures or outdoor recreation facilities. Page 1 of 20 The Protected Property excludes the surrounding 2.5 acres of property encumbered by Washington County for right-of-way along County State Aid Highway 15/Manning Avenue (that runs the full length of the property's western border) and State Trunk Highway 96/Dellwood Road (that runs full length of the property's northern border). D. Conservation Values 1. Collectively and individually the following natural, scenic and ecological qualities and the open space character of the Protected Property comprise its "Conservation Values." There is public value in conserving the following aspects of the property with this Conservation Easement: a. The protection of this property maintains its undeveloped and natural character, contributing to a large complex of open space along Brown's Creek Trout Stream, within the City of Stillwater and in the St. Croix Valley. It provides scenic and open space views that are a pleasing contrast to surrounding development and are to be enjoyed by the general public from public rights -of -way, including bike trails, and through its use as a park. This property expands on green and open space of the existing Millbrook Park. b. The protection of this property contributes to a larger scale effort to provide ecological connectivity and support biological diversity along Brown's Creek Trout Stream and in the St. Croix River Watershed. c. The protection of this property helps protect air quality through its preservation of potential space for tree canopy. d. The protection of this property helps remove pollutants from surface water flowing into Brown's Creek and ground water resources by preserving its generally undisturbed nature, wetland filtering functions and other ecosystem services. e. The protection of this property prevents privatization of access to this segment of Brown's Creek. 2. These Conservation Values of the Protected Property are further set forth in the Baseline Property Report dated that the parties acknowledge accurately represents the present condition of the Protected Property. Each of the parties has a copy of the Baseline Property Report. The Grantee will use the Baseline Property Report as the basis for monitoring subsequent uses of the Protected Property and enforcing the terms of this Conservation Easement. 3. These Conservation Values have not been and are not likely to be significantly impaired by the continuous use of the Protected Property as described above or as authorized in this Conservation Easement. 4. The preservation and protection of these Conservation Values will provide significant benefit to the public. E. Conservation Policy Preservation of the Protected Property will advance the following government policies: 1. The County of Washington is qualified to acquire and hold conservation easements under Section 170(h)(3) of the Internal Revenue Code of 1986 and any amendments and regulations promulgated thereunder. Page 2 of 20 2. Minnesota Statutes Chapter 84C authorizes the State of Minnesota and political subdivisions thereof, as well as nonprofit organizations to preserve, acquire or hold lands for open -space uses, which specifically include farmland, wetlands, native or restored prairie, or lands deemed critical to protecting soil and water quality, and enhancing fish and wildlife habitat; and that actions pursuant to these purposes are for the public health, safety, and general welfare of the citizens of the State of Minnesota and for the promotion of sound land development by preserving suitable open spaces. 3. The Washington County Board of Commissioners through adoption of Ordinance 175 Acquisition of Development Rights has declared that public open -space benefits result from the protection and conservation of natural areas. This includes the protection of scenic areas for public visual enjoyment from public rights -of -way; that the conservation and protection of restored natural areas as valued natural and ecological resources provide needed open spaces for clean air and clean water as well as for aesthetic purposes; that public benefit will result from the conservation, protection, management and improvement of natural areas; and that the preservation of open -space is vital to the public interest of Washington County through its economic, environmental, cultural and scenic benefits. 4. The Geologic Atlas of Washington County assigns the Protected Property a rating of "high" and "moderate to high" sensitivity of the ground water systems to pollution, meaning that pollutants in this area can reach the ground water in a very short time. This Conservation Easement protects surface and ground water resources by limiting the physical degradation caused by soil movement and increased asphalting typically endured as part of the development process, and reducing the volume of runoff and potential flooding. It further supports the ecosystem's ability to clean water and reduce concentrations of substances produced by society by maintaining an area for infiltration and natural treatment of storm water in the watershed. 5. The Protected Property provides an expansion of the park and open space system in the City of Stillwater. The City of Stillwater's Comprehensive Plan indicates the property is located in a semi -natural area. These areas can offer significant benefit for wildlife and water quality protection and form important buffers around and connections between remnants of native habitat. The Comprehensive Plan's Natural Resource Features and Corridor map identifies wetlands on the site. The Steep Slopes map identifies slopes between 12 percent and 24 percent with perimeter areas of greater than 24 percent (steep slope areas). The Natural Resources section of the Comprehensive Plan indicates objectives of preserving key scenic roadways, corridors and features and protecting the visual beauty and semi -rural character of the road sides; and preserving protecting and/or restoring natural features including ravines, shore lands, bluff lands, tree stands and individual heirloom trees, slopes, wetlands and wildlife habitat areas. Part of the Protected Property is encompassed in the City's Shoreland Overlay District. F. Conservation Intent 1. Grantor shall reasonably attempt to protect in perpetuity, natural areas and ecologically significant land for aesthetic, ecological, scientific, agricultural and educational purposes pursuant to the terms of this Conservation Easement. 2. Grantor desires and intends that the open -space character of the Protected Property be preserved, protected and maintained in perpetuity. 3. Grantor agrees to honor the intentions of Grantee stated herein and to preserve and protect in perpetuity the open -space values of the Protected Property. 4. Grantee desires and intends to place restrictions upon the use of the Protected Property and by transferring to the Grantor the Grantee creates a Conservation Easement, on, over and across the Page 3 of 20 Protected Property affirming rights to ensure the preservation of the natural elements and values of the Protected Property. 5. Grantor conveys to Grantee the right to protect the ecological values of the Protected Property in perpetuity and to prevent or to remedy activities or uses that are inconsistent with the terms of this Conservation Easement. II. CONVEYANCE OF CONSERVATION EASEMENT A. Conveyance The Grantor in consideration of the facts recited above, the mutual covenants contained herein and other good and valuable consideration and pursuant to Minnesota Statutes Chapter 84C, and other applicable Minnesota laws, does hereby grant and convey to the Grantee, its successors or assigns, forever, a Conservation Easement in perpetuity over the Protected Property subject to the following rights, terms and restrictions. B. Conservation Values and Purposes The Conservation Purpose of this Conservation Easement is to preserve and protect in perpetuity the Conservation Values of the Protected Property and the Public Benefit of this Conservation Easement identified in section I. By confining the development, management and use of the Protected Property to activities that are consistent with the preservation of these Conservation Values, by prohibiting activities that significantly impair or interfere with these Conservation Values, and by providing for remedies in the event of any violation of this Conservation Easement. These Conservation Values have not been and are not likely to be adversely affected to any substantial extent by the continued use of the Protected Property as authorized below or by the use, maintenance, or construction of those structures and improvements that presently exist on the Protected Property or that are authorized below. C. Public Benefit This Conservation Easement is specifically intended to provide a significant public benefit by furthering the following recreational and conservation purposes: 1. Protect a natural and open space area in the City of Stillwater. 2. Provide public recreation and outdoor education opportunities. 3. Reduce impervious surface and provide for infiltration and natural storm water treatment for the purposes of protecting ground water aquifers and surface water. III. AFFIRMATIVE RIGHTS In order to accomplish the Conservation Purposes of this Conservation Easement and to preserve and protect the Conservation Values of the Protected Property, the Grantor conveys to the Grantee and its successors or assigns the following rights. Page 4 of 20 A. Right of Enforcement and Remedies The Grantee has the right to enforce by proceedings at law or in equity the covenants contained in this Conservation Easement. This right includes, but shall not be limited to, the right to bring an action in any court of competent jurisdiction to enforce the terms of this Conservation Easement; to require the restoration of the Protected Property to its prior or more natural condition; to enjoin such non-compliance by temporary or permanent injunction; and to recover any damages arising from such non-compliance. Such damages when recovered may be applied by the Grantee in its discretion to corrective action on the Protected Property, if necessary. If such court determines that the Grantor, its successors, liens, or assigns, has failed to comply with this Conservation Easement, Grantor, its successors, liens, or assigns, shall reimburse Grantee for any reasonable costs of enforcement including costs of restoration, court costs, and reasonable attorney's fees in addition to any other payments ordered by such court. These remedies are cumulative and are available without requiring the Grantee to prove actual damage to the Conservation Values and Conservation Purposes of the Protected Property. The Grantee is entitled to seek expedited relief ex parte if necessary and shall not be required to post any bond applicable to a petition for such relief. B. Written Notice If the Grantee becomes aware of an event or circumstance of non-compliance with the terms and conditions set forth in this Conservation Easement, the Grantee shall give written notice to the Grantor, its successors, liens or assigns, at the address set forth below of such event or circumstance of non-compliance and to restore the Protected Property to its previous condition. Failure by the Grantor, its successors, liens or assigns, to cause discontinuance, abatement or such other corrective action as may be requested by the Grantee within thirty (30) days after receipt of notice shall entitle Grantee to bring an action as authorized in this Conservation Easement. The written notification requirements contained in this section, III.B., shall not apply if in the sole discretion of the Grantee, immediate judicial action is necessary to prevent or mitigate significant damage to the Protected Property or if reasonable, good faith efforts to notify the Grantor, its successors, liens, or assigns, are unsuccessful. C. Discretionary Enforcement The Grantee does not waive or forfeit the right to take action as may be necessary to insure compliance with the covenants and purposes of this Conservation Easement on the Protected Property by any failure to act and the Grantor, its successors, liens, or assigns, waives any defense of laches with respect to any delay by the Grantee in acting to enforce any of the provisions or exercise any rights under this Conservation Easement. D. Acts beyond Owner's Control Nothing in this Conservation Easement shall be construed to entitle the Grantee to institute any enforcement proceeding against the Grantor, its successors, liens, or assigns, for any changes to the Protected Property due to causes beyond the Grantor's, its successors, liens, or assigns, control, such as changes caused by fire, flood, storm, civil authorities undertaking emergency action or third parties not under the control or supervision of, or not acting with the consent of, the Grantor, its successors, liens, or assigns. This provision does not preclude the Grantor, its successors, liens, or assigns, or the Grantee, its successors or assigns, from recovering damages or bringing an action against any third party for trespass or other violation of their respective rights in this Conservation Easement or in the Protected Property. Page 5 of 20 E. Right to Enter The right is granted for designated representatives of and chosen by the Grantee to enter the Protected Property in a reasonable manner and time to conduct monitoring and management evaluations annually and pursuant to a complaint to determine easement compliance; to obtain evidence for use in seeking judicial or other enforcement of this Conservation Easement; and to otherwise exercise its rights under this Conservation Easement. The Grantee shall give reasonable prior notice to Grantor of all such entries, shall make reasonable attempts to have the Grantor present, and shall not unreasonably interfere with Grantor's, its successors, liens, or assigns, use and quiet enjoyment of the Protected Property. F. Right to Report The Grantee in addition to other remedies shall have the right to report any environmental concerns or conditions or any actual or potential violations of any environmental or other laws to appropriate regulatory or law enforcement agencies. G. Enforcement Rights of Others Nothing in this Conservation Easement is intended to create any right to enforce this Conservation Easement in any third party where no such right otherwise exists under this Conservation Easement or under law. IV. RESERVED RIGHTS A. Recreational Facilities The City of Stillwater reserves the right to implement, construct and maintain recreational facilities in the Recreational Tract area western portion of the Protected Property lying outside of the area shown ion the Exhibit B Protected Property as "'Averaged' Wetland Buffer Area" pursuant to an approved Management Plan, which may be updated and amended from time to time. This may include the following: 1. A surfaced Trailhead Parking lot for no more than 60 vehicles and appropriate connecting driveway. 2. A Lacrosse field of 110 x 60 yards and appropriate out of bounds areas. 3. Two or Tthree (3) standard outdoor volley ball courts. 4. Porta Potties. 5. An appropriate fence of up to 10 feet high along Hwy 96 and Co. Rd 15. 6. A maintenance shed for housing mowers and equipment -on -site. 7. Surfaced pathways connecting elements of the site and site connections to regional trails. The City of Stillwater reserves the right to implement, plant, construct and maintain the following in the eastern portion of Natural Tract area on the Protected Property pursuant to an approved Management Plan that may be updated and amended from time to time: 1. Native vegetation in the Brown's Creek wetland complex. 2. Permeable connector trails. 3. A bridge for observation of the creek, for kids fishing and connection to the opposite side. Page 6 of 20 B. All Other Rights Grantor reserves for the Grantor, its successors, liens or assigns, all rights as owner of the Protected Property inclusive of rights to locate and maintain recreational facilities as noted in Section IV.A. except the right to undertake any activities that are expressly and specifically prohibited by this Conservation Easement. The Grantor, its successors or assigns, may not exercise these rights in a manner that would adversely impact the Conservation Values of the Protected Property. C. Notification Grantor, its successors, liens, or assigns, agrees to notify the Grantee, its successors or assigns in writing before exercising any reserved right that may have an adverse impact on the natural characteristics or ecological and aesthetic features of the Protected Property protected by this Conservation Easement. V. COVENANTS IN FURTHERANCE of the foregoing affirmative rights, Grantee intends that rights under this Conservation Easement conveyed to the Grantor on behalf of the public shall continue to exist in perpetuity. Grantor makes the following covenants on behalf of the Grantor, its successors, liens or assigns, which covenants shall run with and bind the Protected Property in perpetuity. A. Required Management Plan All natural resource management, agricultural practices and recreational uses on the Protected Property shall be in accordance with the Open Space Management Plan and Report (hereinafter the "approved Management Plan") dated , as amended from time -to -time. The Grantor, its successors, liens, or assigns, may prepare revisions for the Management Plan as desired. Any management plan or its revisions must be approved in writing by the Grantee before becoming effective. B. Land Use 1. Any activity on or use of the Protected Property that is inconsistent with the Conservation Purposes and Public Benefits identified in sections I.B. and II.B. of this Conservation Easement is prohibited. 2. No residential use or residential development of the Protected Property is allowed. 3. No industrial or commercial activity shall be undertaken or allowed on the Protected Property. 4. No agricultural use of the Protected Property is allowed except as allowed for in the approved Management Plan. C. Development Rights 1. No development rights in or to the Protected Property or any part thereof that have been encumbered or extinguished by this Conservation Easement shall be transferred to any location outside the Protected Property, whether pursuant to a cluster development plan or any other agreement or plan for transferable development rights or used to obtain any regulatory mitigation credits. Page 7 of 20 2. No portion of the property shall be used to satisfy land area requirements for other property not subject to this Conservation Easement for purposes of calculating building density, lot coverage, or open space under otherwise applicable laws, regulations or ordinances controlling land use. D. Division of Property Grantor, its successors, liens, or assigns, shall not divide, subdivide, or partition, either legally or physically, the Protected Property for any reason without the prior written approval of the Grantee except for the purpose of correcting or adjusting a boundary line to resolve a marketable title or ownership dispute. If written approval is granted, any conveyance of the Protected Property is subject to the following terms. The enforceability or validity of this Conservation Easement shall not be impaired or limited by any failure of the Grantor, its successors, liens or assigns, to comply with this section (V.D). 1. Any conveyance or encumbrance of the Protected Property is subject to this Conservation Easement. 2. The Grantor, its successors, liens or assigns, shall reference or insert the terms of this Conservation Easement in any deed or other document by which the Grantor, its successors, liens or assigns, conveys title to or any interest in the Protected Property. 3. The Grantor, its successors, liens or assigns, will notify the Grantee, its successors or assigns, of any conveyance within thirty (30) days after closing and will provide the Grantee, its successors or assigns, with the name and address of the new owner and any party that has acquired an interest in the property and a copy of the deed transferring title or mortgage conveying an interest. E. Right -of -Way No new right of way or passage across or upon the Protected Property shall be allowed or granted in conjunction with any residential, industrial or commercial use for development of other land not protected by this Conservation Easement without prior written approval of the Grantee. This provision does not affect any rights of way existing at the time of this conveyance. F. Structures and Improvements 1. No house, garage, barn, mobile homes, or other structures or buildings shall be constructed or placed on the Protected Property except as needed to carry out activities permitted by this Conservation Easement and as specifically allowed for in the approved Management Plan or specially permitted by Section IV. A. of this agreement. 2. No poles, antennae, lights, towers, water towers or any other temporary or permanent structures shall be constructed or installed on the Protected Property without prior approval of the grantee, unless permitted by Section IV.A. of this agreement. 3. New sanitary and storm sewers and electric and gas lines, not presently existing and needed to serve the Protected Property or other properties nearby may be permitted with the prior written approval of the Grantee and shall be constructed underground and in a sensitive manner with minimal disturbance of vegetation and minimal grading. The surface shall be restored to a condition consistent with the Conservation Values and Conservation Purpose of the Conservation Easement and within a reasonable time frame agreed to in writing by the Grantee. All utility easements shall be recorded. 4. No roads or parking lots of asphalt, bituminous, gravel, concrete or other materials shall be constructed or installed on the Protected Property except as to carry out activities permitted by this Page 8 of 20 Conservation Easement and as specifically allowed for in the approved Management Plan or otherwise approved in writing by the Grantee or permitted by Section IV.A of this agreement. 5. Fencing may be constructed and maintained for the purposes of marking boundaries, securing the Protected Property, or carrying out activities permitted by this Conservation Easement or specifically allowed by Section IV.A. of this agreement or allowed by the approved Management Plan or otherwise approved in writing by the Grantee. 5. Any outdoor light fixtures must minimize light emitted above the plane of the horizon of the fixture through the use of earthward directed or full cut-off fixtures or lamps with single or minimal -color light sources, or other equally effective fixtures designed to minimize light pollution. 6. Signs, billboards, and outdoor advertising structures shall not be placed or erected on the Protected Property except for small, unlighted signs for the following informational or interpretive purposes. For all signs permitted by this section, the location, number, size and design shall not significantly diminish the natural and scenic qualities of the Protected Property and shall be allowed in accordance with the approved Management Plan or otherwise approved in writing by the Grantee. Signs may be allowed for the following purposes: a. Displaying the name of the Protected Property. b. Announcing the existence of this Conservation Easement. c. Providing educational information to commemorate the importance of the Protected Property. d. Providing the name and address of the owner. e. Delineating the boundaries in order to prohibit trespass and to manage the property. f. Advertising any on -site activities permitted herein. G. Water Bodies and Courses 1. Reasonable manipulation or alteration of natural watercourses, lakes, shorelines, wetlands, springs or other surface or subsurface bodies of water is allowed to restore or enhance wildlife habitat or native biological communities or to improve or enhance the function and quality of existing wetlands and in accordance with the approved Management Plan. 2. No activities on or uses of the Protected Property that cause significant erosion or are seriously detrimental to water quality or purity are allowed. H. Mining No mining, drilling, exploring for, or removing any minerals, sand, gravel, rock, or fossil fuels from the Protected Property is allowed. I. Surface Alteration 1. The commercial extraction of minerals by surface mining and the extraction and removal of topsoil from the Protected Property is prohibited. The extraction of subsurface or deep -mined minerals from the Protected Property, including natural gas and oil, and the noncommercial extraction of minerals, including limestone, shale, gravel, sand and other minerals is prohibited. 2. The topography of the Protected Property shall not be altered or changed in any manner, including ditching, draining, filling, excavation or removal of soil, sand, gravel rock or other materials except as incidental and reasonably required in the course of activities or uses permitted by this Conservation Easement or as specifically allowed for in the approved Management Plan. Any permitted alteration shall Page 9 of 20 be undertaken with minimal grading and disturbance to vegetation and with the surface restored in a timely manner to a condition consistent with the Conservation Values and Purposes of this Conservation Easement. J. Forest and Habitat Management 1. No removal, destroying, burning, cutting, mowing or altering of vegetation is allowed except as follows: a. To prevent or control insects, noxious weeds, invasive species, diseases, fire, personal injury, or property damage. b. As reasonably required to construct and maintain permitted buildings, structures, roads, trails and other improvements and provided that vegetation shall be restored following any construction to a condition consistent with the Conservation Values and Purposes of this Conservation Easement. c. To remove downed or dead timber. d. In conjunction with activities permitted by this Conservation Easement and as specifically allowed for in the approved Management Plan. 2. Timber and other wood products may be removed and vegetation may be managed on the Protected Property in accordance with the approved Management Plan approved in writing by the Grantee. 3. Habitat for wildlife and native biological communities may be created, maintained, restored, or enhanced on the Protected Property in accordance with the approved Management Plan. 4. No plant or animal species shall be introduced on the Protected Property except those native species that are consistent with the protective purposes of this Conservation Easement and consistent with the approved Management Plan. K. Animals No livestock or feedlots shall be permitted on the Protected Property except for draft animals used to pull wagons or sleds or used in the course of activities or uses permitted by this Conservation Easement or as specifically allowed for in the approved Management Plan. A feedlot is defined as open ground or buildings or a combination of open ground and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate or where the concentration of animals is such that a vegetative cover cannot be maintained. Open lots for feeding and rearing poultry are considered feedlots. Areas immediately adjacent to supplemental feeding and watering areas are not considered feedlots. L. Waste Removal Use of the Protected Property for dumping, storage, processing or landfill of solid or hazardous wastes generated is prohibited, including without limitation, municipal sewage sludge and/or bio-solids application. This does not prohibit burning or composting of excess brush or other plant material resulting from activities permitted by this Conservation Easement. M. Recreational Use 1. Unpaved paths or foot trails may be established and maintained on the Protected Property for recreational uses and shall be established, maintained and used in a manner that does not result in significant erosion or have an adverse impact on the Conservation Values and Conservation Purposes of the Protected Property. No unpaved paths or foot trails shall be established and maintained on the Page 10 of 20 Protected Property except as specifically allowed for in the approved Management Plan or allowed by Section IV.A. of this agreement. 2. Snowmobiles, dune buggies, golf carts, motorcycles, all -terrain vehicles, horses, or any other motorized vehicles may be operated with the consent of the Grantor on the Protected Property only in the following manner: a. On trails designated for their use. b. For administrative, emergency, and management purposes. c. In conjunction with management operations or for habitat restoration or enhancement as prescribed in the approved Management Plan. d. In a manner that does not result in significant erosion or have an adverse impact on the Conservation Values and Purposes of the Protected Property. 3. The Protected Property may be used for hiking, cross-country skiing, camping, picnicking, nature observation and interpretation or study, and other similar low impact recreational and educational programs or activities. 4. The Protected Property may not be used for more than minimal commercial recreation purposes. It is the intent of the parties to prevent the Protected Property from becoming the site of a commercial recreational enterprise, such as a commercial campground, a golf course, a commercial ski area, an exclusive hunting grounds or club, a commercial site for a snowmobiling, ATV motocross or other race track, a dressage field, or other similar intensive or predominantly commercial use, but this restriction shall not be construed to mean the occasional or casual use of or access to the Protected Property by individuals or groups who pay a fee to a guide, educate, outfit or to supervise outdoor recreation activities or who pay a fee to access the property for low -impact outdoor recreational uses. 5. Structures and improvements to support the recreation uses permitted in this Conservation Easement shall be permitted in the Recreation Tract western portion of the Protected Property ar-a as generally depicted on the Property Map in Exhibit B lying outside of the area shown in Exhibit B as "'Averaged' Wetland Buffer Area" and as specifically described in the approved Management Plan. Structures and improvements shall be placed and constructed in accordance with the following: a. All development shall be provided in a manner that does not compromise the Conservation Values and Purposes of the Protected Property. b. All development shall be in accordance with other provisions of this Conservation Easement. c. All development shall take advantage of the existing land forms and natural vegetation patterns. VI. GENERAL PROVISIONS A. Binding Effect This Conservation Easement creates a property right immediately vested in the Grantee, its successors or assigns that cannot be terminated or extinguished except as set out herein. This Conservation Easement shall run with and burden the Protected Property in perpetuity and shall bind and inure to the benefit of the Grantor, its successors, liens or assigns, and any and all other successors to it in interest and the Grantee, its successors or assigns. Page 11 of 20 B. Property Transfer The Grantor, its successors, liens, or assigns, agrees that the terms, conditions, restrictions, and purposes of this Conservation Easement will be referenced by the Grantor, its successors, liens, or assigns, in any subsequent deed or other legal instrument by which the Grantor, its successors, liens, or assigns, transfers or divests the Grantor, its successors, liens, or assigns, of all or any part of the Grantor's, its successors, liens, or assigns, interest in the Protected Property, and that the Grantor, its successors, liens, or assigns, will give the Grantees written notice of any such transfer within thirty (30) days after closing. C. Notice and Approval 1. Any notice or request for approval required in this Conservation Easement shall be sent by certified mail or other courier providing reliable proof of delivery to the following addresses, such address (es) as may be subsequently specified by notice in writing, and the party of record at the address of record in the Washington County Recorder's Office. Grantee Washington County Office of Administration P.O. Box 14949 62nd Street North Stillwater, MN 55082-0006 651-430-6000 Grantor City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 651-430-8800 2. Unless otherwise specified in this Conservation Easement any required notice or request for approval must be delivered at least thirty (30) days prior to the date proposed for initiating the subject activity. 3. The notice or request for approval must include sufficient information to allow the Grantee to make an informed decision on whether any proposed activity is consistent with the terms and Conservation Values and Conservation Purposes of this Conservation Easement. At a minimum this should include: the location, nature, and scope of the proposed activity; the proposed use, design, and location of any building, structure or improvement; and the potential impact on the Conservation Values and Purposes of the Protected Property. 4. Approval of the Grantee must be in writing to be effective. D. Severability If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. E. Controlling Law 1. This Conservation Easement shall be governed by the laws of the State of Minnesota. 2. This Conservation Easement shall be enforceable by the Grantee, its successors or assigns, and/or the State of Minnesota as provided in Minnesota Statute Sec.103F.515 Subd. 9 and/or by such other relief as may be authorized by law. Any ambiguities in this Conservation Easement shall be construed in a manner Page 12 of 20 that best effectuates the purposes of protecting soil, improving water quality, and enhancing fish and wildlife habitat. F. Assignment The Grantee may assign or transfer this Conservation Easement and the rights conveyed herein, provided that (1) the Grantee requires as a condition of such transfer that the original conservation purposes of this Conservation Easement continue to be carried out in perpetuity; and (2) any assignment shall be made only to an organization qualified to acquire or hold a conservation easement at the time of the transfer under the provisions of Section 170(h)(3) of the Internal Revenue Code of 1986, as it may be amended from time to time, and any regulations promulgated thereunder. This Conservation Easement is fully valid and enforceable by any assignee or successor of the Grantee whether assigned in whole or in part. The Grantee will notify in writing the Grantor, its successors, liens, or assigns, of the assignment and will provide the Grantor, its successors, liens, or assigns, with the name and address of new holder. G. Definition The terms "Grantor" and "Grantee" as used in this Conservation Easement shall be deemed to include with respect to Grantor, its successors, liens or assigns; and with respect to the Grantee, its successors or assigns. H. Warranties The Grantor represents and warrants as follows: 1. The Grantor is the sole owner of the Protected Property in fee simple and has the right and ability to convey this Conservation Easement to the Grantee. 2. The Protected Property is free and clear of all rights, restrictions and encumbrances other than those subordinated to this Conservation Easement or otherwise specifically agreed to by the Grantee. 3. The Grantor has no actual knowledge of any use or release of hazardous waste or toxic substances on the Protected Property that is in violation of a federal, state, or local environmental law and will defend, indemnify and hold the Grantee harmless against any claims of contamination from such substances. I. Amendment This Conservation Easement may be amended only in the event of unanticipated circumstances not specifically addressed by this Conservation Easement and only in the sole and exclusive judgment of the Grantee that such amendment (i) furthers the purpose of this Conservation Easement, (ii) is not inconsistent with and will not adversely impact the conservation values protected by this Conservation Easement, (iii) does not affect the perpetual duration of the Conservation Easement or (iv) does not affect the validity of the Conservation Easement under Minnesota law or the status of Washington County under section 170(h) of the Internal Revenue Code. Any amendment or modification must be in writing and recorded in the same manner as this Conservation Easement. J. Ownership Responsibilities, Costs and Liabilities The Grantor, its successors, liens, or assigns, retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Protected Property. The Grantor, its successors, liens, or assigns, agrees to indemnify and hold the Grantee harmless Page 13 of 20 from any and all costs or liability for any personal injury or property damage occurring on or related to the Protected Property or the existence of this Conservation Easement. 1. Taxes: Grantor, its successors, liens, or assigns, shall pay all taxes and assessments levied against the Protected Property including any taxes or assessments levied against the interest of the Grantee established by this Conservation Easement. The Grantee may, but is not obligated to, make any payment of taxes or assessments levied against the Protected Property or the interest established by this Conservation Easement and shall have a right of reimbursement against Grantor, its successors, liens, or assigns, for such amounts. 2. Regulatory Compliance: All activities or construction permitted by this Conservation Easement shall be undertaken in accordance with applicable federal, state and local laws, regulations and ordinances and related agreements and nothing in this Conservation Easement shall be construed to exempt the Protected Property or the Grantor, its successors, liens, or assigns, from otherwise applicable laws or regulations. The Grantor, its successors, liens, or assigns, is solely responsible for obtaining any required governmental permits. 3. Future Environmental Condition: The Grantor, its successors, liens, or assigns, is solely responsible for the Grantor's, its successors, liens, or assigns, use or release on the Protected Property of any hazardous or toxic substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, The Minnesota Environmental Response and Liability Act, or other similar successor federal, state or local law or regulation regarding responsibility for environmental conditions associated with contamination. The Grantor, its successors, liens, or assigns, shall take steps necessary to assure any needed containment or remediation resulting from any release of such substance and has the legal right to pursue any person or entity responsible for any such discharge. 4. Future Economic Condition: In conveying this Conservation Easement the Grantor has considered the possibility that uses of the Protected Property prohibited by this Conservation Easement may in the future become more economically valuable than uses permitted by this Conservation Easement and that neighboring properties may be put entirely to such prohibited uses. Such changes are not deemed to be circumstances justifying the extinguishment of this Conservation Easement as otherwise set forth above. K. Termination If circumstances arise in the future such as to render the purposes of this easement impossible to accomplish, this easement can only be terminated or extinguished whether in whole or in part by judicial proceedings in a court of competent jurisdiction or by agreement executed by the parties, their successors, liens or assigns. L. Proceeds If this easement is extinguished, terminated, transferred, or sold in whole or in part then the Grantee is entitled to a portion of any proceeds in an amount equal to the fair market value of this Conservation Easement at the time of the extinguishment but no less than an amount equal to the proportionate value that this easement bears to the value of the Protected Property as a whole at the time of this conveyance, excluding the value of any permitted improvements made after the conveyance of this Conservation Easement. M. Termination of Rights and Obligations A party's rights and obligations under this Conservation Easement terminate upon transfer or termination of that party's interest in the Conservation Easement or the protected property; provided, however, that Page 14 of 20 any liability for acts or omissions occurring prior to the transfer or termination will survive that transfer or termination; provided further that the terms and conditions of this Conservation Easement shall continue to run with the land. N. Re-recording The Grantee on behalf of the Grantor, its successors, liens, or assigns, shall execute, acknowledge and record or file any instruments necessary to assure the perpetual enforceability of this Conservation Easement. The Grantee, its successors or assigns, may re-record this Conservation Easement or any other documents necessary to protect its rights under this Conservation Easement or to assure the perpetual enforceability of this Conservation Easement. O. Additional Documents The Grantor, its successors, liens or assigns, agrees to execute or provide any additional documents reasonably needed by the Grantee, its successors or assigns, to carry out in perpetuity the provisions and the intent of this Conservation Easement, including, but not limited to any documents needed to correct any legal description or title matter or to comply with any federal, state, or local law, rule or regulation. P. Entire Agreement This document sets forth the entire agreement of the parties with respect to this easement and supercedes all prior discussions or understandings. Page 15 of 20 APPROVED AS TO FORM: Assistant County Attorney Drafted by: Washington County Office of Administration 14949 62nd Street N. Stillwater, MN 55082 — 0006 Page 16 of 20 In witness whereof, the Grantor has executed this Conservation Easement this day of , 2015. GRANTOR NOTARY PUBLIC The foregoing instrument was acknowledged before me this day of 2015 by Notary Public My Commission Expires: Page 17 of 20 The foregoing Conservation Easement is hereby accepted by Washington County this day of , 2015. COUNTY OF WASHINGTON County Board Chair County Administrator NOTARY PUBLIC The foregoing instrument was acknowledged before me this day of , 2015 by Notary Public My Commission Expires: Page 18 of 20 EXHIBIT A CONSERVATION EASEMENT LEGAL DESCRIPTION That part of the Northwest Quarter of the Northwest Quarter of Section 19, Township 30, Range 20, Washington County, Minnesota, described as follows: Beginning at the most Westerly corner of Outlet A, RANDOM CREEK RANCHETTES, according to the record plat thereof, said Washington County; thence North 89 degrees 46 minutes 55 seconds East, assumed bearing, along the North line of said Outlet A, a distance of 137.87 feet; thence North 18 degrees 03 minutes 14 seconds West 223.97 feet; thence North 0 degrees 35 minutes 10 seconds West 280.00 feet; thence North 9 degrees 57 minutes 57 seconds East 480.01 feet to the North line of said Northwest Quarter of the Northwest Quarter; thence South 89 degrees 46 minutes 55 seconds West, along said North line 818.50 feet to the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence South 1 degree 46 minutes 18 seconds East along the West line of said Northwest Quarter of the Northwest Quarter 966.00 feet to the intersection with the Westerly extension of the North line of Lot 2, Block 1, said RANDOM CREEK RANCHETTES; thence North 89 degrees 46 minutes 55 seconds East along said extended line and along the North line of Lots 2 and 3, said Block 1, a distance of 639.97 feet to the point of beginning. EXCEPTING Parcel 12 of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 175 — C.S.A.H. 15, on file and of record in the Office of the County Recorder, Washington County, Minnesota; and, EXCEPTING the North 100 feet of said tract which lies easterly of Parcel 12 of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 175 — C.S.A.H. 15. Page 19 of 20 !11watr THE BIRTHPLACE OF MINNESOTA Exhibit B Property Map Legend Previous right-of-way easement lines New right-of-way easement lines 100 ft wetland buffer VA I "Averaged" Wetland Buffer Area Delineated wetland Volleyball courts LaCrosse Field County trail City trail 0 Red circles = property corners Conservation easement encumbers entire property southerly and easterly of the road right of way easements labeled above as "new right -of-way asement lines" August 28, 2015 RESOLUTION APPROVING ASSIGNMENT AGREEMENT AND CONSERVATION EASEMENT WITH WASHINGTON COUNTY FOR PURCHASE OF PALMER PROPERTY WHEREAS, the Stillwater City Council wishes to purchase from Washington County about 14 acres of land that is located at the southeast quadrant of the intersection of State Highway 96 and County Road 15; and WHEREAS, Washington County Land and Water Legacy Program funds are being used in part to cover the purchase price and therefore Washington County requires a conservation easement to encumber the property; and WHEREAS, the City Council finds the terms of the Assignment Agreement for the property dated September , 2015 as well as the terms of the Conservation Easement dated September , 2015 to be satisfactory. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby authorizes the Mayor to sign the Assignment Agreement and authorizes City staff to proceed with the purchase of the property. Adopted by the Stillwater City Council this day of September, 2015. ATTEST: Diane F. Ward, City Clerk Ted Kozlowski, Mayor MEMORANDUM TO: FROM: Shawn Sanders,"Director of Public Works DATE: September 8, 2015 Mayor and City Council SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll and Calling for the Hearing on Proposed Assessments for the 2015 Street Improvement Project (Project 2015-02) DISCUSSION: The next step in the improvement process for the 2015 Street Improvement Project would be to Declare Costs to be Assessed, Order Preparation of Assessment Roll and Call for the Hearing on the proposed assessments. To come up with the cost of the project, the contractors bid prices and quantities were used to calculate the construction costs and those were added to the estimated engineering and administrative costs. In the end, the total project cost was in line with the feasibility study. Based on these calculations, the assessments will be recomputed and may slightly differ from the feasibility study. The hearing and approval of the assessments should be done at least 30 days prior to November 15th. This is the date set aside so that the city can certify the assessments to Washington County in order to put the unpaid assessments on the 2016 tax statements. An October 6th date for the assessment hearing is proposed to allow for appeals or other actions that might occur following the hearing. RECOMMENDATION Staff recommends that Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on the 2015 Street Improvement Project (Project 2015-02) ACTION REQUIRED If Council concurs with the recommendation, they should pass the following resolutions: 1. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR THE 2015 STREET IMPROVEMENT PROJECT (PROJECT 2015-02). 2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2015 STREET IMPROVEMENT PROJECT (PROJECT 2015-02) RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 2015 STREET IMPROVEMENT PROJECT (PROJECT 2015-02) WHEREAS, a contract has been let and costs have been determined for the improvement of streets. and utilities and the contract (bid) price for such improvement is $ 514,331.59 and the expenses incurred or to be incurred in the making of such improvement amount to $$64,820.25 so that the total cost of the improvement will be $579,151.84 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $278,005.84 and the portion of the cost to be assessed against benefited property owners is declared to be $301,146.00 2. Assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2016, and shall bear interest at the rate of 4.5% four and a half percent per annum from the date of the adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the council this 15th day of September 2015. Ted Kozlowski, , Mayor ATTEST: Diane Ward, City Clerk RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2015 STREET IMPROVEMENT PROJECT (PROJECT 2015-02), L.I. #406 WHEREAS, by a resolution passed by the Council on September 15th, 2015, the city clerk was directed to prepare a proposed assessment of the cost for the 2015 Street Improvement Project. The following is the area proposed to be assessed. Properties abutting Market Drive/ North Frontage Road from Curve Crest Boulevard to Washington Avenue, North Fourth Street from Myrtle Street to Laurel Street and North Second Street from Myrtle Street to Laurel Street. WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. A hearing shall be held on the 6th day of October, 2015 in the city hall at 7:00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by November 15th, 2015. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council this 15th day of September 2015. Ted Kozlowski, Mayor ATTEST: Diane Ward City Clerk MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: September 11, 2015 SUBJECT: Variance of Construction hours DISCUSSION: Construction has begun on the Loop Trail Project south of the downtown area. This includes the area south of Nelson Street to the Boat Packet operations. Due to tight quarters of the work area and the amount of Boat Packet patrons during the work day, the contractor, Veit , is having a difficult time getting their work done. Work includes rail, railroad tie removal and trail grading. In order to get the work done in this area in a quicker fashion and minimize disruption to the Boat Packet operations, Veit is requesting a variance to work outside of the construction hours of 7:00 a.m. to 10:00 p.m. established by City ordinance. Veit estimates that they have three days of overnight work (10:00 p.m. to 7:00 a.m.) over the next two weeks to complete the work. In order to work in this time frame, they will need variance from the City Council to work past these hours. RECOMMENDATION Council should consider this request, and if approved they should pass a motion granting a variance for Veit to work outside the construction hours from 10:00 pm to 7:00 am during the week from September 16th to September 25th , not including weekends. ACTION REQUIRED In council concurs with the request they should pass a motion to approve a variance of the construction hours to Veit, to work outside the construction hours from 10:00 pm to 7:00 am during the week from September 16th to September 25th , not including weekends. Shawn Sanders From: Eric Joki <ejoki@veitusa.com> Sent: Thursday, September 10, 2015 4:31 PM To: Clarkowski, Todd (DOT) Cc: Shawn Sanders; Jed Johnson Subject: SP8214-114AK Todd/Shawn, As discussed, we would like permission to work outside daytime hours as an option to make our work on the North End (especially near the Boat & Packet) better for everyone. At this time, we expect the work would start next week as early as practicable pending city approval. We anticipate the work would only take 3 shifts between the end of next week and the end of the following week. Let me know if this would be acceptable. Thanks, war Eric Joki, P.E. Project Manager/Estimator Direct: 763-428-9521 Cell: 612-490-5115 Fax: 763-428-8348 VeitUSA. corn SAFE BY CHOICE A101:11\111E11. I4 iT i NUISANCES § 38-3 meanings given in this section. Any other word or phrase used in this section, and defined in regu- lations of the Minnesota Pollution Control Agency Noise Pollution Control Section, NPC-1 and NPC-4, has the meaning given in those regulations. L10 means the sound level, expressed in deci- bels (dBA) which is exceeded ten percent of the time for a one -hour period. L50 means the sound level similarly expressed and measured which is exceeded 50 percent of the time for a one -hour period. Noise means any unwanted sound not occur- ring in the natural environment, including, but not limited to, sounds originating from streets and highways, industrial, commercial, and resi- dential sources. Where a sound measurement is specified, the sound shall be measured by a sound level meter (SLM) having characteristics as spec- ified in the latest standards, 51.4 of the American Standards Institute. Calibration of SLM shall be at least "second stage" traceable to the national bureau of standards. Subd. 2. General prohibition. No person shall make, cause, or allow to be made any distinctly and loudly audible noise that unreasonably dis- turbs, injures or endangers the safety, health, comfort, peace, or repose of a reasonable person, or precludes their enjoyment of property. This prohibition is not limited by the specific prohibi- tions contained in the following subdivisions. It is not a violation of this provision to operate speci- fied equipment in keeping with the restrictions of subdivision 4 below. Subd. 3. Prohibited noises made by sound pro- ducing or reproducing equipment. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, pho- nograph, paging system, machine or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet and comfort of any person nearby. This includes operation of any such set, instru- ment, phonograph, machine or other device be- tween the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adja- cent, or at a distance of 50 feet if the source is located outside a structure or building. Subd. 4. Hourly restriction on certain opera- tions. Certain operations shall be restricted dur- ing certain hours as follows: (1) Recreational vehicles. No person may, be- tween the hours of 10:00 p.m. and 8:00 a.m., drive or operate any minibike, snow- mobile or other recreational vehicle not licensed for travel on public highways, in such a manner that it is plainly audible at a distance of 50 feet from its source. (2) Domestic power equipment. No person may operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment except between the hours of 8:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is ex- empt from this subsection. (3) Construction activities. No person may engage in or permit construction activi- ties involving the use of any kind of elec- tric, diesel or gas -powered machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Subd. 5. Receiving land use standards; maximum noise levels. No person may operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in Table I for the receiving land use category specified when measured at or within the property line of receiving land use. Table I. Sound Levels by Receiving Land Use Districts. Supp. No. 49 CD38:9 Memo DATE: September 11, 2015 TO: Mayor & City Council FROM: Sharon Harrison Finance Director RE: 2016 Proposed Budget BACKGROUND The Staff and the City Council have worked together to come to a finalized 2016 Proposed Budget. A proposed budget will need to be adopted and then sent to the County for certification (this by statute must be done by September 20, 2015). Staff prepared and presented to Council on September 1, 2015, three options for council to consider. Council chose Option #2 with the HR Manager position to start on April 1, 2016 instead of the proposed July 1, 2016. Below are the results: 2015 Adopted City -Wide Levy 2016 Proposed $ Increase % Increase $7,825,610 General Operating Levy $8,365,422 $539,812 6.898% $3,514,043 Debt Service Levy $3,665,145 $151,102 4.300% $11,339,653 TOTALS $12,030,567 $690,914 6.093% Parcel -Specific Levy: This levy is a district specific levy (not a city-wide levy). The amount of the levy is based on the membership to the MSCWMO which for 2016 is 40,982.25. The recommended levy of $41,800 is 102% of the membership amount needed to cover our average first year tax collection rate of 98%. ACTION REQUIRED Once Council determines the proposed levy and the proposed budget appropriations, council should pass the following resolutions: 1. 2015 ADOPTING THE PROPOSED TAX LEVY FOR THE PAYABLE YEAR 2016 (attached) Just a reminder, once the proposed levy has been adopted, the levy that will be adopted in December, cannot be higher than what was adopted tonight...It can remain the same or it can be lowered. 2. 2015 - ADOPTING THE PROPOSED BUDGET APPROPRIATIONS FOR THE YEAR 2016 (attached) On September 1, 2015 Council passed a motion setting the T-N-T meeting for December 1, 2015. The following resolution is just formalizing the motion. 3. 2015- SETTING PAYABLE 2016 TRUTH-N-TAXATION PUBLIC MEETING (attached) ADOPTING THE PROPOSED TAX LEVY FOR THE PAYABLE YEAR 2016 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $12,030,567 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2016. FURTHER BE IT RESOLVED, that the sum of $41,800 is hereby levied against all taxable properties within the WMO (Waste Management Organization) taxing district of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2016. The Levy consists of the following: CITY WIDE LEVY: General Revenue Tax Levy Debt Service Tax Levy: Fund Required Levy 309 G.O. Capital Outlay 2009A 312 G.O. Capital Outlay 2012A 314 G.O. Capital Outlay 2014A 315 G.O. Capital Outlay 2005B 319 G.O. Capital Outlay 2009B 324 G.O. Capital Outlay 2014 (Armory) 329 G.O. Capital Outlay 2009D 325 G.O. Capital Outlay 2015 385 G.O. Sports Center 2005C Subtotal New Debt 336 Improvement Bonds 326 G.O. Capital Outlay 2016 Total Debt Service Tax Levy Total Debt Service Levy TOTAL CITY WIDE TAX LEVY PARCEL -SPECIFIC LEVY WMO Levy Adopted by the Council this 15th day of September, 2015. ATTEST: $8,365,422 $221,708 $916,165 $720,973 $284,222 $103,819 $85,000 $360,006 $250,000 $248,252 $3,190,145 $125,000 $350,000 $475,000 $3,665,145 $12,030,567 $41,800 Ted Kozlowski, Mayor Diane F. Ward, City Clerk ADOPTING THE PROPOSED BUDGET APPROPRIATIONS FOR THE YEAR 2016 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the proposed budget appropriations for the year 2016 in the amounts for the following funds: Fund 100 200 202 230 240 251 255 Fund Name General Fund Special Events Fund St Croix Valley Recreation Center Fund Library Fund Parks Fund Downtown Beautification Fund Washington County Recycling Fund Total Adopted by the Council this 15th day of September, 2015. ATTEST: Diane F. Ward, City Clerk Amount $ 11,713,924 58,958 1,628,900 1,345,925 1,213,988 15,000 34,618 $ 16,011,313 Ted Kozlowski, Mayor SETTING PAYABLE 2016 TRUTH-N-TAXATION PUBLIC MEETING BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Payable 2016 Truth - in -Taxation meeting shall be at 7:00 p.m., Tuesday, December 1st, 2015. Adopted by the Council this 15' day of September, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Stillwater Police Department Memo To: Mayor and City Council Members From: John Gannaway, Police Chief cc: City Administrator Thomas McCarty; City Attorney Dave Magnuson Date: September 10, 2015 Re: Resolution in Support of Body Camera Language Attached to this Memorandum is a `Resolution In Support of Application For A Temporary Classification of Body Worn Camera Data'. The Resolution was drafted by the MN Chief's Of Police Association as several agencies are requesting the Commissioner of the MN Department of Administration for a `temporary classification' with regards to data recorded by body -worn cameras (body cams). In essence, we are asking you to support this resolution that will re-classify data retrieved from body cams. Currently, under state law, all data retrieved from body cams would be considered public information. While we wish to be transparent, we also want to respect the privacy of our citizens. Officers routinely deal with members of the community in awkward, revealing, and private moments. When we eventually start using body cams, we would like to have the ability to protect their privacy. In the next few months we will be developing a policy and procedure guideline for body cams. This is a step in that direction that will help us format that policy. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA RESOLUTION IN SUPPORT OF APPLICATION FOR A TEMPORARY CLASSIFICATION OF BODY WORN CAMERA DATA Whereas, critical incidents between law enforcement officers and community members across the United States have resulted in demands for increased accountability and transparency in police operations, and Whereas, a June 2015 survey sponsored by the Minnesota Police and Peace Officers Association showed that Minnesota law enforcement is well -respected and highly regarded by members of their respective communities, and Whereas, the Stillwater Police Department seeks to study use of body worn camera technology to strongly affirm its commitment to high quality community oriented policing, and Whereas, a recent study that solicited public input through an online survey pertaining to body worn camera use and found that: • 97% of those surveyed said they are aware of the fact that law enforcement agencies are using or exploring the use of body cameras, and • 65% agreed that using body cameras could help improve police community relations, and • 62% said video taken in their home during a police call for service should be private except to them as a subject of the data, Whereas, the City of Stillwater has an interest in protecting the privacy of individuals who have contact with our police officers while ensuring that involved persons can access video for purposes of ensuring police accountability, and Whereas, the Stillwater Police Department intends to partner with other law enforcement agencies and allied community organizations to prepare and submit an application to Minnesota's Commissioner of Administration seeking a temporary classification of body worn camera data until such time as the Minnesota legislature establishes law governing such data. NOW, THEREFORE, BE IT RESOLVED, the Stillwater City Council supports the police department's plan to actively participate as a joint -applicant in the development and submission of a multi jurisdictional application for the temporary classification of body worn camera data. Adopted September ATTEST: CITY OF STILLWATER Diane F. Ward, City Clerk Ted Kozlowski, Mayor Washington County BOARD AGENDA SEPTEMBER 15, 2015 — 9:00 A.M. . 9:00 Roll Call Pledge of Allegiance Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, Chair, District 3 Karla Bigham, District 4 Lisa Weik, District 5 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of WashingtonCounty Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, stateyour name and city ofresidence, and present your comments. Your comments must be addressed e.xclusively to the BoardChair and the full Board of Commissioners Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the rightto limit an individuals presentation ifit becomes redundant, repetitive, overly argumentative, or fit is not relevant to an issue that is part of Washington County's Responsibilities. 9:10 Consent Calendar — Roll Call Vote 4 9:1.0 Accounting & Finance — Tabatha Hansen, Accounting & Finance Director Approval of Contract with Trissential for Accounts Receivables Collections Project 5 9:20 Property Records and Taxpayer Services — Steve Gransee, Division Manager Resolution — Setting a Public Auction of Tax Forfeited Lands, Including Approval of Parcels to be Sold, and Approving Terms of Sale 6. 9:30 Public Works — Dan MacSwain, Natural Resources Coordinator A. Approve Contract with Prairie Restorations, Inc. to Complete Ecological Management Services at St. Croix Bluffs Regional Park B. Approve Contract with Zumbro Valley Forestry LLC to Complete Ecological Management Services at Cottage Grove Ravine Regional Park C. Approve Contract with Minnesota Native Landscapes, Inc. to Complete Ecological Management Services at Lake Elmo Park Reserve D. Approve Contract with Stantec Consulting Services, Inc. to Deliver a Wetland Habitat Enhancement Project at Lake Elmo Park Reserve 7. 9:40 General Administration — Molly O'Rourke, County Administration A. Resolution — Approving the Proposed Property Tax Levy Payable 2016 for the Washington County Housing & Redevelopment Authority (HRA) B. Resolution — Certifying the Proposed Property Tax Levy Payable 2016 for Washington County C. Resolution — Certifying the Proposed Property Tax Levy Payable 2016 for the Washington County Regional Rail Authority D. Resolution — Adopting the Washington County 2016 Proposed Budget E. Resolution — Adopting the Washington County Regional Rail Authority 2016 Proposed Budget 8 10:00 Commissioner Reports — Comments — Questions This period of timeshall be used by the Commissioners to report to thefull Board on conmhittc activities, make comments on matters of interest and information, or raise questions to the staff This action is not intended to result insubstantiieboardactionduring this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 10:15 Adjourn 11. 10:20-11:20 Board Workshop with Administration — June Mathiowetz, Senior Planner; Karen Rose, Library Strategies; and Anthony Molaro, Ph.D. Asst. Professor, St. Catherine's University Provide Updates on the Progress of the Countywide Library Strategic Planning Process Assistive listening devices are available for use in the County Board Room d„a m d sahada_,r morman,. harder cloaca call8511 ean.annn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 15, 2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of September 1, 2015 County Board Meeting minutes. Human Resources B. Approval to reappoint Andrew Weaver, May Township, to the Carnelian -Marine Watershed District to a term ending June 21, 2018. C. Approval of two new bargaining group contracts including: 1) Minnesota Public Employee Association (MNPEA) Correctional Officer/911 Supervisor Unit, and 2) Law Enforcement Labor Services (LELS) Deputy Sheriff Sergeant Unit. Property Records D. Approval of resolution for classification of non -conservation and sale of tax & Taxpayer Services forfeited land to Washington County for authorized public purposes. E. Approval of resolution to withdraw five tax forfeited parcels from sale to allow for reappraisal. Public Health F. Approval of agreement for continued administration of the Minnesota Special & Environment Supplemental Nutrition Program for Women, Infants & Children (WIC program) for the period 2016 through 2020. Public Works G. Approval of comment letter for the draft 2035 Long -Term Comprehensive Plan for the Lake Elmo Airport. Sheriffs Office H. Approval of a cooperative cost share agreement with the City of Woodbury for traffic signal timing on and around County State Aid Highway 13 (Radio Drive). I. Approval of traffic control signal maintenance agreement with the City of Oakdale. J. Approval of resolution authorizing the Washington County Sheriffs Office to enter into a Joint Powers Agreement to partner with the Washington County Narcotics Task Force and the Police Departments of Cottage Grove, Woodbury, Forest Lake and Bayport. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room ttun„ need ass;sta„ra.waln.dtsahi;hi nrLanrt,mnpharrip. rdeaserautesrlean.Fann EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners September 1, 2015 Present were Commissioners Fran Miron, District 1; Commissioner Ted Bearth, District 2; Gary Kriesel, District 3. Karla Bigham, District 4; and Lisa Weik, District 5. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions There were no reports presented. General Administration Approval of the following actions: - August 18, 2015 County Board Meeting Minutes; - Approval of amendment #3 to contract with John Kaul, d.b.a. Capitol Gains, Inc., for legislative liaison services; - Board Workshop to discuss 2016 Proposed Budgets for Community Corrections; Public Health & Environment and Library; - Board Workshop to provide updates on three Community Forums and survey as part of countywide library strategic planning; - Board correspondence was received and placed on file. Public Health & Environment - Approval of comments to the City of Hugo regarding their Local Water Management Plan and approve comment letter drafted on behalf of the Commissioners to be signed by the Board Chair; Public Works Approval of the following actions: - Approval of amendment to the Cottage Grove Ravine Land Exchange Agreement with the City of Cottage Grove extending the term of the agreement to December 31, 2022; - Scott McBride, Metro District Engineer for Minnesota Department of Transportation, presented on the recognition of the partnership between the Minnesota Department of Transportation and Washington County to transfer jurisdiction of Trunk Highway 5 to Washington County; - Resolution No. 2015-140, Bid award to Dresel Contracting, Inc. for Trunk Highway 61 and County Road 50 Turn Lane Project; Sheriffs Office Approval of the following actions: - Approval to enter into grant agreement with the Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management, to receive Fiscal Year 2015 funding through the Emergency Management Performance Grant Program; - Resolution No. 2015-139, acceptance of fundraiser proceeds for the Washington County Sheriffs Office Explorers Program. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners August 25, 2015 FYI Present were Commissioners Fran Miron, District 1; Commissioner Ted Bearth, District 2; Gary Kriesel, District 3. Karla Bigham, District 4; and Lisa Weik, District 5. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Weik— reported that she attended a Counties Transit Improvement Board Executive Committee meeting, last week. The meeting provided an overview of communication strategies to prepare for the 2016 legislative session; - Commissioner Bigham — reported that she attended the Association of Minnesota Counties (AMC) Strategic Planning meetings in Duluth, Minnesota, last week in regards to governance planning. The AMC Policy Committees will be on September 17th and September 18th at the Breezy Point Resort on Pequot Lakes, Minnesota; attended the Washington County Library Board Meeting, on August 24th. The City of Cottage Grove announced its new City Administrator, Charlene Stevens; - Commissioner Miron — reported that he received an email from the State Auditor that the audit of the Ramsey/Washington County Resource Recovery Project Board is complete, and the result was a positive audit; - Commissioner Bearth — reported that the Housing & Redevelopment Authority (HRA) Board approved its budget for the HRA Levy. The City of Landfall Village is changing its meetings from the second Wednesday of the month to the third Monday of the month; - Commissioner Kriesel— reported that on Thursday, August 27th, the Ramsey/Washington County Resource Recovery Project Board will meet and will be making a decision on whether or not to move forward with the purchase of the Resource Recovery Technologies plant. Accounting and Finance - Approval of Resolution No. 2015-136, declaring intent to reimburse expenditures from the proceeds of tax exempt bonds to be issued by the county in 2016. General Administration Approval of the following actions: - August 11, 2015 County Board Meeting Minutes; - Resolution No. 2015-138, approval of establishment of a scientific and natural area in Scandia by the Trust for Public Land and Minnesota Department of Natural Resources; - Molly O'Rourke, County Administrator provided follow-up to the August 18th workshop with the Metropolitan Airports Commission regarding the proposed changes at the Lake Elmo Airport. The comment period for the letter has been officially extended until September 16th; - Executive Closed Session with the Office of Administration to discuss labor negotiation strategies for the upcoming negotiations; - Board Workshop to discuss 2016 Proposed Budgets for Community Services and the Sheriffs Office; - Board correspondence was received and placed on file. Public Health & Environment - Approval and execution by Board Chair and Administrator of recycling grant agreements with the Cities of Cottage Grove, Forest Lake, Hugo, Oakdale, Stillwater and Woodbury for distribution of curbside recycling funds. Public Works Approval of the following actions: - Resolution No. 2015-137, authorize final payment for the County State Aid Highway 4, 2014 Pavement Preservation Project; - Approval of contract with Stertil Koni, Inc., to furnish and install vehicle lifts for the Public Works North Shop Project; - Approval of agreement with the City of Woodbury for construction cost sharing for traffic signal improvements and construction of a parallel trail along County State Aid Highway 13 (Radio Drive); - Approval of contract with SEH for traffic signal service for traffic signal improvements; - Approval of update to policy #8001 for cost participation between Washington County and other agencies for cooperative highway improvement projects; A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62°a Street N., Stillwater, Minnesota.